694 Amendments of Marju LAURISTIN
Amendment 24 #
2017/2003(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas promoting social justice and protection, as defined in Article 3 TEU and Article 9 TFEU, are also objectives of the EU internal market;
Amendment 28 #
2017/2003(INI)
-1a. Notes that there is no common definition of the digital economy based on online platforms ('platform economy', 'collaborative economy', 'sharing economy' etc.); points out that the use of the terminology 'platform economy' seems to be the most objective description and calls on the Commission to ensure the usage of coherent terminology;
Amendment 30 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘profession'commercial’' and ‘'non-professional’ platforms andcommercial' platforms as well as between professional and occasional users/workers; underlines the importance to recognise remunerated activities in the platform economy that are properly categorised as ‘'work’' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 42 #
2017/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls ingardless of how thise context that the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of workractual relationship is defined; highlights that all work in the platform economy should be classified accordingly;
Amendment 51 #
2017/2003(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 54 #
2017/2003(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission and the Member States to increase its efforts to tackle bogus self-employment; notes that there are cases where self-employed platform workers meet the ECJ criteria defining an employment relationship, and which should therefore be classified as employees; calls on the Commission and the Member States to work towards a common definition of self-employed which also applies to the platform economy;
Amendment 61 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. CallReiterates its call in the framework of the European Pillar of Social Rights for a framework directive on decent working conditions including in the platform economy, in order to guarantedefine the legal situation of platform workers and to ensure, in line with national law and practice, that all platform workers have the same social and employment rights ands well as health and safety protection as workers in the traditional economy; underlines the importance of such a directive, taking into account the mobility and delocalisation of digital work, with regard to the creation of a level playing field;
Amendment 75 #
2017/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the needCalls on the Member States to ensure adequate social security for self- employed workers, who are key players in the digital labour market; stresses that freedom of association and collective action are fundamental rights which must apply to all workers;
Amendment 88 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls fon the Commission and the Member States to gather more reliable data on jobs and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economie; calls on the Commission, the Member States and social partners to provide adequate information to workers on working conditions and workers' rights throughout the supply-chain of online platforms;
Amendment 101 #
2017/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that possible efficiency advantages of the online platforms over the traditional economy should not rely on wage dumping and unfair competition; calls therefore for the adjustment of related policies to create a level playing field between the platform and traditional economies;
Amendment 105 #
2017/2003(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 106 #
2017/2003(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission and the Member States to ensure that all mandatory contributions are paid for all forms of work and examine to what extent social security systems have to be adjusted to provide appropriate protection for platform workers; calls on the Commission and the Member States to ensure the portability and accumulation of social security entitlements;
Amendment 108 #
2017/2003(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the Commission to examine in how far existing EU regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Commission and the Member States to assess the need for the modernisation of existing legislation to stay abreast of such changes and to encourage social partners to update collective agreements where necessary so that existing protection standards can also be maintained in the digital world of work;
Amendment 111 #
2017/2003(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Stresses that the socially and environmentally sustainable online platforms organized on cooperative basis should be promoted and supported;
Amendment 113 #
2017/2003(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5i. Points out that as job and skills profiles become more complex, new demands – especially regarding information and communications technology (ICT) skills – are being placed on training as well as on further education and life-long learning to promote digital literacy and to tackle the existing gender and generational gaps, especially for disadvantaged persons in this context; emphasises the importance of stronger synergies involving the social partners and various educational and training institutions in order to bring teaching and studies' contents up to date and develop skills strategies linking the world of education with the world of work;
Amendment 114 #
2017/2003(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5j. Insists that public investment in vocational education and lifelong learning is necessary in order to ensure that the EU workforce, is equipped with the right skills for the digital age; stresses that education and training must be accessible for all workers; believes that new funding opportunities for lifelong learning and training are needed, especially for micro and small enterprises;
Amendment 127 #
2017/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to ensure the portability of ratings of platform workers which constitute their digital market value and are important to avoid dependency of workers on certain platforms since ratings are important determinants in the allocation of tasks; calls on the Commission and the Member States to ensure the transferability and accumulation of ratings across platforms;
Amendment 137 #
2017/2003(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Seeks the Commission and the Member States in collaboration with the social partners to ensure that workers and users are able to rate online platforms;
Amendment 139 #
2017/2003(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Believes that the effects of digitalisation on health and safety at work need to be assessed and existing health and safety provisions adapted accordingly;
Amendment 144 #
2017/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessibilitywork-related mental health problems such as burnout or depressions caused by constant accessibility, the erosion of traditional working time arrangements and social isolation represents a serious health and safety risk in the platform economy; advocates therefore full compliance with the prescribed rest times and stresses the need to respect working time arrangements in order to maintain the boundaries of working time as defined by the labour laws of the individual Member States; advocates the establishment of a ‘'right to log off’. ' for worker outside the agreed working hours;
Amendment 154 #
2017/2003(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to produce a study on the spillover effects of digitalisation, on workers' psychological wellbeing and private life;
Amendment 198 #
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 and continuity of the electronic communications services, including. It should not prohibit the processing of electronic communications data by public authorities, computer emergency response teams (CERTs), computer security incident response teams (CSIRTs), providers of electronic communications networks and services and by certified providers of security technologies and services, in compliance with Regulation 2016/679 and to the extent strictly necessary and proportionate for the sole purposes of ensuring network and information security, i.e. preservation of availability, integrity and confidentiality of information, and ensuring the security of the related services offered by, or accessible via, those networks and systems. This could, for example, include preventing unauthorised access to electronic communications networks and malicious code distribution and stopping ‘denial of service’ attacks and damage to computer and electronic communication systems, checking security threats such as the presence of malware, spam or to check against DDoS attacks, or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 285 #
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. Natural persons who act with commercial intent, such as freelancers, small traders or self- employed persons, should be equated to legal persons.
Amendment 293 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural personusers 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, e-mail address, home address, user name, phone number). In addition, providers of publicly available directories or the electronic communication service providers should inform the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-uUsers 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.
Amendment 495 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Without prejudice to paragraphs 1, 2 and 3, neither providers of the electronic communications services, nor any other party, shall process electronic communications data collected on the basis of this Regulation, for further processing.
Amendment 542 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is technically necessary for web audience measuring of the information society service requested by the user, provided that such measurement is carried out by the provider of the information society service requested by the end-, or on behalf of the provider, or by an independent web analytics organization acting in the public interest or for statistical or scientific purpose; and further provided that no personal data is made accessible to any other party and that such web audience measurement does not adversely affect the fundamental rights of the user.;
Amendment 642 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipment.:
Amendment 645 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a (new)
Article 10 – paragraph 1 – point a (new)
(a) by default, offer privacy protective settings to prevent other parties from storing information on the terminal equipment of a user and from processing information already stored on that equipment, except for the purposes laid down by Article 8 paragraph (1), points (a), (c) and (d);
Amendment 646 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b (new)
Article 10 – paragraph 1 – point b (new)
(b) offer the option to prevent other parties from processing information already stored on the terminal equipment for the purposes laid down by Article 8, paragraph (1), points (a), (c) and (d).
Amendment 647 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c (new)
Article 10 – paragraph 1 – point c (new)
(c) upon installation, inform and offer the user the possibility to change or confirm the privacy settings options defined in point (a) by requiring the user's consent to a setting;
Amendment 648 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point d (new)
Article 10 – paragraph 1 – point d (new)
(d) make the setting defined in points (a) and (c) easily accessible during the use of the software;and
Amendment 649 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e (new)
Article 10 – paragraph 1 – point e (new)
(e) offer the user the possibility to express specific consent through the settings after the installation of the software.
Amendment 650 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. For the purpose of point (e) of paragraph 1, the settings shall include a signal which is sent to the other parties to inform them about the user's privacy settings.These settings shall be binding on, and enforceable against, any other party.
Amendment 651 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 697 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories or the electronic communication services providers shall obtain the consent of end- users who are natural persons to include their personal data in the directory and, consequently, shall obtain consent from these end-users for 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. P. Electronic communication service providers shall give end-users who are natural persons the means to verify, correct and delete such datathe means to verify, correct, update, complete and delete such data. When electronic communication service providers obtain consent of users, they shall make users' data available for public directory providers in an immediate, non- discriminatory and fair manner.
Amendment 711 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directoryies shall inform end-users who are natural personusers whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling such search functions related to their own data. The electronic communication service providers shall inform users if new search functions are enabled.
Amendment 719 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directorieelectronic communication service providers shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Electronic communication service Providers shall give such end-users that are legal persons the means to verify, correct and delete such data. Users who act with commercial intent shall be equated to legal persons.
Amendment 728 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Where the personal data of the users of number- based interpersonal communications services have been included in a publicly available directory before this Regulation enters into force, the personal data of such users may remain included in a publicly available directory, including versions with search functions, unless the users have expressed their objection against their data being included in the directory or against available search functions related to their data.
Amendment 734 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NThe use by natural or legal persons may useof electronic communications services, including automated calling, communications systems, semi-automated systems that connect the call person to an individual, faxes, e-mail or other use of electronic communications services for the purposes of presendting unsolicited or direct marketing communications to end- users who are natural persons that, shall be allowed only in respect of end-users who have given their prior consent.
Amendment 755 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural persons shall only be allowed in respect of end- users who are natural persons who have not expressed their objection to receiving those communications. Member States shall provide that users can object to receiving the direct marketing voice-to-voice calls via a national Do Not Call Register, thereby also ensuring that the user needs to opt- out only once.
Amendment 60 #
2017/0002(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The data protection legal framework for processing in the course of activities of Union institutions and bodies which fall outside the scope of Community law remains fragmented and creates legal uncertainty. This Regulation should therefore provide for harmonised rules for the protection and the free movement of personal data processed by the Union institutions and bodies carrying out activities which fall within the scope of Chapters 4 and 5 of Title V of Part Three of the TFEU and Chapter 2 of Title V of the TEU.
Amendment 62 #
2017/0002(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In Declaration No 21 on the protection of personal data in the fields of judicial cooperation in criminal matters and police cooperation, annexed to the final act of the intergovernmental conference which adopted the Treaty of Lisbon, the conference acknowledged that specific rules on the protection of personal data and the free movement of personal data in the fields of judicial cooperation in criminal matters and police cooperation based on Article 16 TFEU could prove necessary because of the specific nature of those fields. This Regulation should therefore apply to Union agencies carrying out activities in the fields of judicial cooperation in criminal matters and police cooperation only to the extent that Union law applicable to such agencies does not contain specific rules on the processing of personal dataFurthermore, the field of common foreign and security policy also has a specific nature and specific rules on the protection of personal data and the free movement of personal data could prove necessary as well. It is therefore appropriate to regulate the processing of operational personal data by Union agencies established on the basis of Chapters 4 and 5 of Title V of Part Three of the TFEU and by missions referred to in Article 42(1), 43 and 44 of the TEU by specific rules, derogating from a number of general rules of this Regulation. Those specific rules are aligned with the provisions of the Directive (EU) 2016/680 and should be interpreted homogenously.
Amendment 76 #
2017/0002(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The Union law including the internal rules referred to in this Regulation should be clear and precise and its application should be foreseeable to persons subject to it, in accordance with the case-law of the Court of Justice ofrequirements set out in the Charter and the European UnConvention andfor the European CourtProtection of Human Rights and Fundamental Freedoms.
Amendment 79 #
2017/0002(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The internal rules referred to in this Regulation should be clear and precise acts of general application intended to produce legal effects vis-à-vis data subjects, adopted at the highest level of management of the Union institutions and bodies within their competencies and in matters relating to their operation and should be published in the Official Journal of the European Union. The application of these rules should be foreseeable to persons subject to them in accordance with the requirements set out in the Charter and the European Convention for the Protection of Human Rights and Freedoms. Internal rules may take the form of decisions, in particular when adopted by Union institutions.
Amendment 85 #
2017/0002(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The processing of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes should be subject to appropriate safeguards for the rights and freedoms of the data subject pursuant to this Regulation. Those safeguards should ensure that technical and organisational measures are in place in order to ensure, in particular, the principle of data minimisation. The further processing of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes is to be carried out when the controller has assessed the feasibility to fulfil those purposes by processing data which do not permit or no longer permit the identification of data subjects, provided that appropriate safeguards exist (such as, for instance, pseudonymisation of the data). Union institutions and bodies should provide for appropriate safeguards for the processing of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in Union law, which may include internal rules adopted by Union institutions and bodies in matters relating to their operation.
Amendment 89 #
2017/0002(COD)
Proposal for a regulation
Recital 37 – paragraph 1
Recital 37 – paragraph 1
Legal acts adopted on the basis of the Treaties or internal rules ofadopted by Union institutions and bodies, in matters relating to their operation, may impose restrictions concerning specific principles and the rights of information, access to and rectification or erasure of personal data, the right to data portability, confidentiality of electronic communications as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers, as far as necessary and proportionate in a democratic society to safeguard public security, the prevention, investigation and prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, including the protection of human life especially in response to natural or manmade disasters, internal security of Union institutions and bodies, other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others, including social protection, public health and humanitarian purposes.
Amendment 93 #
2017/0002(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The European Data Protection Supervisor should be informed about administrative measures and consulted on internal rules ofadopted by Union institutions and bodies, in matters relating to their operation, which provide for the processing of personal data, lay down conditions for restrictions of data subject rights or provide appropriate safeguards for data subject rights, in order to ensure compliance of the intended processing with this Regulation and in particular to mitigate the risk involved for the data subject.
Amendment 95 #
2017/0002(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In certain instances, Union law provides for a model of coordinated supervision, shared between the European Data Protection Supervisor and the national supervisory authorities. Moreover, the European Data Protection Supervisor is the supervisory authority of Europol and a specific model of cooperation with the national supervisory authorities is established through a cooperation board with an advisory function. In order to improve the effective supervision and enforcement of substantive data protection rules, a single, coherent model of coordinated supervisthis Regulation should be introduced in the Union. The Commission should therefor a single, wcohere appropriate, submit legislative proposals with a view to amending Union legal acts providing for a model of coordinated supervision, in order to align them with the coordinated supervision model of this Regulatnt model of coordinated supervision. The European Data Protection Board should serve as a single forum for ensuring the effective coordinated supervision across the board.
Amendment 107 #
2017/0002(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) 'operational personal data' means personal data processed by the Union agencies established on the basis of Chapters 4 and 5 of Title V of Part Three of the TFEU and by the missions referred to in Article 42(1), 43 and 44 of the TEU, for the purposes of meeting the objectives laid down in acts establishing those agencies or missions.
Amendment 147 #
2017/0002(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where personal data are processed for scientific or historical research purposes or statistical purposes, Union law, which may include internal rules, adopted by Union institutions and bodies in matters relating to their operation, may provide for derogations from the rights referred to in Articles 17, 18, 20 and 23 subject to the conditions and safeguards referred to in Article 13 in so far as such rights are likely to render impossible or seriously impair the achievement of the specific purposes, and such derogations are necessary for the fulfilment of those purposes.
Amendment 148 #
2017/0002(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where personal data are processed for archiving purposes in the public interest, Union law, which may include internal rules adopted by Union institutions and bodies in matters relating to their operation, may provide for derogations from the rights referred to in Articles 17, 18, 20, 21, 22 and 23 subject to the conditions and safeguards referred to in Article 13 in so far as such rights are likely to render impossible or seriously impair the achievement of the specific purposes, and such derogations are necessary for the fulfilment of those purposes.
Amendment 152 #
2017/0002(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Internal rules referred to in paragraphs 1, 3 and 4 shall be sufficiently clear and precise and subject to appropriate publicatclear and precise acts of general application, intended to produce legal effects vis-a-vis data subjects, adopted at the highest level of management of the Union institutions and bodies and subject to publication in the Official Journal of the European Union.
Amendment 167 #
2017/0002(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
The Union institutions and bodies shall inform the European Data Protection Supervisor when drawing up administrative measures and internal rules relating to the processing of personal data involving a Union institution or body alone or jointly with others.
Amendment 168 #
2017/0002(COD)
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
The Union institutions and bodies shall consult the European Data Protection Supervisor when drawing up the internal rules referred to in Article 25(5).
Amendment 183 #
2017/0002(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. A transfer of personal data to a third country or international organisation may take place where the Commission has decided pursuant to Article 45(3) of Regulation (EU) 2016/679 or to Article 36 of Directive (EU) 2016/680 that an adequate level of protection is ensured in the third country, a territory or one or more specified sectors within that third country, or within the international organisation and the personal data are transferred solely to allow tasks covered by the competence of the controller to be carried out.
Amendment 205 #
2017/0002(COD)
Proposal for a regulation
Chapter 5 a (new)
Chapter 5 a (new)
Amendment 222 #
2017/0002(COD)
Proposal for a regulation
Article 61 – title
Article 61 – title
Cooperation withbetween the European Data Protection Supervisor and national supervisory authorities
Amendment 224 #
2017/0002(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
The European Data Protection Supervisor shall cooperate with supervisory authorities established under Article 41 of Regulation (EU) 2016/679 and Article 51 of Directive (EU) 2016/680 (hereinafter “national supervisory authorities”) and with the joint supervisory authority established under Article 25 of Council Decision 2009/917/JHA21 to the extent necessary for the performance of their respective duties, in particular by providing each other with relevant information, requesting national supervisory authoritieseach other to exercise their powers or responding to a request from such authorities. _________________ 21 Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes, OJ L 323, 10.12.2009, p. 20–30each other's requests.
Amendment 227 #
2017/0002(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Where a Union act refers to this Article,envisages that the European Data Protection Supervisor shall cooperupervises the processing of personal datea actively with thet the Union level and national supervisory authorities, supervise the processing order to ensure effective supervision of large IT systems or Union agenciesf personal data at national level in a large IT system or a Union body, office or agency, the European Data Protection Supervisor and the national supervisory authorities, each acting within the scope of their respective competencies, shall cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision.
Amendment 230 #
2017/0002(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The European Data Protection Supervisory shall, each acting within the scope of its respective competences and in the framework of itstheir responsibilities, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation and other applicable Union acts, study problems with the exercise of independent supervision or in the exercise of the rights of data subjects, draw up harmonised proposals for solutions to any problems and promote awareness of data protection rights, as necessary, jointly with the national supervisory authorities.
Amendment 232 #
2017/0002(COD)
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. For the purposes laid down in paragraph 2, the European Data Protection Supervisor shall meet withand the national supervisory authorities shall meet at least twice a year within the framework of the European Data Protection Board. The costs and servicing of those meetings shall be borne by the European Data Protection Board. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointlyFor these purposes, the European Data Protection Board may develop further working methods as necessary.
Amendment 245 #
2017/0002(COD)
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Article 71 a Amendments to SIS II Regulation (EC) No 1987/2006 and SIS II Council Decision 2007/533/JHA Article 46 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Article 62 of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) are hereby deleted.
Amendment 247 #
2017/0002(COD)
Proposal for a regulation
Article 71 b (new)
Article 71 b (new)
Article 71 b Amendments to VIS Regulation (EC) No 767/2008 Article 43 of Regulation (C) No 767/2008 of the European Parliament and the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) is hereby deleted.
Amendment 249 #
2017/0002(COD)
Proposal for a regulation
Article 71 d (new)
Article 71 d (new)
Amendment 250 #
2017/0002(COD)
Proposal for a regulation
Article 71 c (new)
Article 71 c (new)
Article 71 c Amendments to Internal Market Information System Regulation (EU) No 1024/2012 Paragraphs (3) and (4) of Article 21 of Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (the IMI Regulation) are hereby deleted.
Amendment 252 #
2017/0002(COD)
Proposal for a regulation
Article 71 f (new)
Article 71 f (new)
Article 71 f Amendments to Europol Regulation (EU) 2016/794 Articles 28, 32, 33, 34, 35, 36, 37, 39, 40, 41, 44, 45, and 46 of 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 the repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA are hereby deleted.
Amendment 254 #
2017/0002(COD)
Proposal for a regulation
Article 71 g (new)
Article 71 g (new)
Article 71 g Amendments to Council Regulation (EU) 2017/XX on EPPO Articles 47, 48(1) and 51 to 89 of Council Regulation (EU) 2017/... of implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office ("the EPPO") are hereby deleted.
Amendment 255 #
2017/0002(COD)
Proposal for a regulation
Article 71 e (new)
Article 71 e (new)
Article 71 e Amendments to Commission Implementing Regulation (EU) 2015/428 Paragraph 8 of Article 69c of Commission Implementing Regulation (EU) 2015/428 of 10 March 2015 amending Regulation (EEC) No 2454/93 and Regulation (EU) No 1063/2010 a regards the rules of origin relating to the scheme of generalised tariff preferences and preferential tariff measures for certain countries or territories is hereby deleted.
Amendment 6 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on ‘Digitising European Industry’ (COM(2016)0180); recalls the objective of raising the contribution of industry to EU GDP to 20 % by 2020; underlines the important role that digitalisation can play in this context and the urgent need to establish an ambitious EU strategy that coordinates national and regional efforts, avoids fragmentation and maximises opportunities for consumers, workers and businesses;
Amendment 9 #
2016/2271(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas an average of 9% of jobs are at high risk of being automated, while for another 25% of jobs half of the tasks will change significantly due to automation
Amendment 10 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for adequate investment in research and innovation, infrastructures, cybersecurity and digital skills in order to ensure a well- functioning digital single market where industries can benefit from all its opportunities; stresses also that the EU is lagging behind its competitors in this respect and substantial additional resources are urgently needed for these investments; regrets that the communication fails to meet adequately the challenges ahead in this regard;
Amendment 17 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the digitisation of industry represents a major challenge in terms of the organisation of work and therefore requires targeted responses from the Commission and the Member States regarding employment, social and education policies, as well as the provision of up-to-date infrastructure;
Amendment 18 #
2016/2271(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the increasing disparities between regions in industry competitiveness and digitalisation; calls on the European Commission to ensure that cooperation and investments at European level on industry digitalisation lead to progressive convergence between different areas, including through better coordination of existing funds, and to increased opportunities for SMEs' digitalisation;
Amendment 23 #
2016/2271(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Highlights the risk of shifting of profits from industrial players towards the owners of proprietary digital platforms and of concentration of market into the hands of few actors creating de-facto monopolies, in particular with regard to platforms; considers necessary effective and consistent actions by the competition authorities and, where necessary, legislative initiatives, to ensure fair competition between a plurality of actors, also in the digital environment;
Amendment 24 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the strong regional differences as regards the digitisation of industry, which have consequences on jobs and growth; calls, therefore, for efforts in developing digital infrastructure to be stepped up, particularly in regions lagging behind, and for universal access to the open internet to be promoted; stresses the importance of networking and cooperation of the already established national digitisation initiatives such as Industrie 4.0, and calls for increased efforts to support regions and sectors currently lacking such initiatives
Amendment 34 #
2016/2271(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States, in cooperation with social partners, to regularly assess the impact of digitisation on the quality, number and types of jobs and to adjust related policies accordingly; points out that due to the digitisation of industry, the differential between the creation and loss of different types of jobs may have consequences on the financial sustainability of social security schemes, pension systems and unemployment insurance systems of the Member States; recalls that not all future jobs are equally affected by the digitisation of industry and that the importance of human interaction should not be underestimated;
Amendment 36 #
2016/2271(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that citizens’ and businesses’ trust in the digital environment is necessary for unlocking the full potential of industry digitalisation; calls on Member States to timely transpose the "NIS Directive" and to engage in effective cooperation in order to guarantee a safe environment in the EU for citizens and businesses; asks a series of new and concrete initiatives to strengthen resilience of businesses, especially SMEs, against cyber-attacks and welcomes the new public-private partnership on cybersecurity recently launched by European Commission;
Amendment 42 #
2016/2271(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that digitalisation should provide consumers with more choice, more user-friendly and customised products and more information, in particular on the quality of the products or services, as well as on their social and environmental impacts;
Amendment 43 #
2016/2271(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that digitisation also offers opportunities to reshore manufacturing; calls on the Commission and the Member States to develop reshoring strategies to promote growth and jobs in the Union;
Amendment 44 #
2016/2271(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Recalls the risk of digitisation aggravating unequal distribution of wealth in view of a deepening digital divide which could split society, Member States and regions into those who are able to profit from increased digital productivity and those who are not; calls on the Commission and Member States, therefore, to investigate possible ways of reducing inequalities rising through automation;
Amendment 47 #
2016/2271(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the opportunities related to the digitisation of industry; stresses, however, that new forms of work must comply with labour and social legislation and guarantee the protection of workers’ and consumer rights; recognises the positive effects digitisation of industry has as it increases flexible working arrangements that can create a better work-life balance, diversify choices through mobile telework, and allow people from rural and secluded areas to join the labour market provided that they are equipped with the necessary infrastructure; emphasises, however, that the digitisation driven trend towards increased flexibility may increase the danger of unstable and precarious employment;
Amendment 47 #
2016/2271(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deems it necessary to ensure the full respect of workers’ and consumers’ right to privacy and to protection of their personal data in the digital environment; emphasises the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of ‘privacy by design and by default’; believes that consumers and workers should be in control of the data they produce or that are linked to the products and services they use and should be properly informed about the impact of their decisions over these issues; considers that the issue of worker-related data and their use raises important concerns and should be swiftly clarified; calls on the Commission to define some minimum requirements on this issue; underlines the need to set up an European Directive on Privacy at the workplace;
Amendment 48 #
2016/2271(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the European Commission to clarify as soon as possible safety and liability rules for autonomously acting systems (such as vehicles and drones), to ensure fast and effective legal compensation in case of incident and to harmonise the conditions for testing;
Amendment 49 #
2016/2271(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Considers interoperability necessary in particular in the domain of Internet of Things to ensure that the development of new technologies improves the opportunities for consumers, who should not be locked-in with certain specific providers; stresses the challenges relating to safety, security and liability with regard to IoT, apps and non- embedded software and calls on the Commission to put forward enhanced efforts on these issues, including in order to raise consumers' awareness and promote a safe use of these instruments;
Amendment 50 #
2016/2271(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Urges the Commission to develop comprehensive statistics which complement existing ones, such as the DESI index, in order to better evaluate digitalisation processes in different areas and sectors;
Amendment 52 #
2016/2271(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Expects that digitisation will improve accessibility of social services and other public services for all, including the elderly and people with disabilities;
Amendment 56 #
2016/2271(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the very important consequences of industry digitalisation for society, business models, working conditions and jobs demand; regrets the lack of analysis on the part of the Commission of the social effects of the digitisation of industry; calls on the European Commission to carry on an in depth analysis on these issues, focusing also to the consequences of industry digitisation on the number and the quality of jobs, and to present it to the European Parliament by the end of 2017;
Amendment 57 #
2016/2271(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. While recognising the opportunities of industry digitalisation, stresses also certain challenges it is posing to job demands, working conditions and workers' rights, in particular in non-standard employment relationships, and highlights the necessity to ensure the full respect of employment rights and adequate social security coverage in the digital world of work; believes it is necessary to involve social partners in the definition of European and national initiative on industry digitalisation; welcomes the proposals to hold high-level roundtables and an European stakeholders forum on digitalisation; believes workers' representatives' involvement to be necessary with regard to companies' decisions over externalisation and digitalisation;
Amendment 59 #
2016/2271(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers it necessary to ensure high-quality education, lifelong learning and vocational training, including in the field of basic and advanced digital qualifications and skills, also to fight digital exclusion, and advocates for the necessary public and private investments; highlights the importance of promoting skills on non-proprietary content; stresses the necessity to work with social partners in order to anticipate skills' need in the long term and welcomes the establishment of the Grand coalition for digital jobs and of other European initiatives in this field; encourages Commission and Member States to ensure mutual recognition of digital qualifications by establishing a European certificate or grading system.
Amendment 64 #
2016/2271(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the growth of the platform economy; calls, therefore, for an EU framework on platform work;
Amendment 65 #
2016/2271(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Commission and the Member States to ensure that digitisation of industry and the consequent increase in new forms of work will not be detrimental to social contributions and that all contributions will be paid for all forms of work; notes that digital solutions can facilitate the collection of taxes and social security contributions;
Amendment 66 #
2016/2271(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recalls that the European Court of Justice has defined the concept of 'worker' on the basis of an employment relationship characterised by certain criteria, such as subordination, remuneration and the nature of the work; stresses the need for a clear definition of a 'platform worker' in order to ensure compliance with labour and social laws;
Amendment 67 #
2016/2271(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Calls on the Commission and the Member States to involve the social partners regularly when adapting the regulatory framework for the digital economy; calls on the social partners to conclude collective agreements for the platform economy;
Amendment 70 #
2016/2271(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to ensure universal access to training in digital skills21st century skills, in particular digital skills, usage of big data, critical thinking, problem solving and teamwork, in order to allow equal participation of all citizens in the digital single market, be it as employees, entrepreneurs or customers; stresses that it is the industry's task to offer suitable training for acquainting their employees properly with new technologies; calls on the Member States to develop skills strategies for the digital age involving social partners as well as education and training institutions, to adapt their educational systems to digitisation and to promote teaching and interest in science, technology, engineering and mathematics (STEM) in educational institutions from an early age; stresses that adapting curricula in primary schools can have particular importance in increasing interest in STEM subjects whereby particular efforts must be made to overcome the severe gender gap in the ICT sector; emphasises the importance of lifelong learning for all workers in the digital era; points to the importance of upgrading occupational training programmes for the digital era; calls on the Commission and the Member States to ensure that workers losing their jobs due to digitisation have rapidly access to retraining in digital skills if they so wish;
Amendment 78 #
2016/2271(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the skills mismatch in the digital economy is not only about lacking skills, but also the result of poor working conditions making some of the best-skilled workers choose to work elsewhere, and of poor management of human resources failing to fully tap into the skills and knowledge of the digital generation;
Amendment 81 #
2016/2271(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the need to identify potential occupational health and safety risks stemming from the digitisation of industry and to take appropriate measures.; points to the psychological and neurological effects of digitisation on employees as constant accessibility presents a risk of work-related mental health problems such as burnout; advocates, therefore, a 'right to log off' for workers outside the agreed working hours; calls on the Commission and its agencies, in particular EU-OSHA, to examine the effects of digitisation, robotics and artificial intelligence on mental strain and to make policy recommendations where necessary; calls for employees to be given the opportunity to play an active part in shaping their work environment and for social partners and unions to be involved at all levels;
Amendment 85 #
2016/2271(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that the increasing use of new technologies and means of electronic communication at the workplace raises many questions concerning workers' privacy and the new possibilities of monitoring and surveillance; believes that the use, processing and storage of employee-related data needs strict rules in line with the Regulation 2016/679 to prevent an infringement of workers' fundamental rights and ensure a right to data access for the worker;
Amendment 88 #
2016/2271(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Believes that with the increasing digitisation of workplaces, it is essential to amend the rules of liability concerning the consequences associated with the actions or inaction of automated systems and robots, keeping also in mind work injuries caused by robots; is concerned by the lack of general framework and legal provisions in this context and calls for a legal framework that reflects the complexity of digitising European industry and its social implications.
Amendment 7 #
2016/2225(INI)
Motion for a resolution
Recital A
Recital A
Amendment 16 #
2016/2225(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas big data refers to the recurring accumulation of large amounts of data, including personal data, from a variety of sources, which are subject to automatic processing by computer algorithms and advanced data-processing techniques in order to generate certain correlations, trends and patterns (big data analytics);
Amendment 22 #
2016/2225(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the big data market is growing as the technology and process of data-driven decision making is increasingly accepted as a solution;
Amendment 23 #
2016/2225(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas there is no methodology yet to make an evidence-based assessment of the impact of big data but there is evidence proving that big data analytics and decision making solutions have the potential to have a significant impact in a wide range of application areas horizontally across both the public and private sectors;
Amendment 24 #
2016/2225(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas big data in decision making would ultimately provide a competitive advantage to European companies by improving business-critical management while the public sector would benefit from an increase in efficiency through greater insights on socio-economic developments at different scales;
Amendment 34 #
2016/2225(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas we observe a blurring difference between personal and non- personal data emerging from the use of big data and big data analytics has the potential to create new personal data;
Amendment 46 #
2016/2225(INI)
Motion for a resolution
Recital F
Recital F
F. whereas biased algorithms and other analytical tools, low quality of data, spurious correlations, errors, the underestimation of legal, social and ethical implications and the marginalisation of the role of humans in these processes can trigger flawed decision-making procedurethe misuse of big data results can have legal, social and ethical implications;
Amendment 54 #
2016/2225(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. Whereas leaks of personal data or non- personal data that can re-identify a data subject would obviously impact upon the reputation of companies as a breach of security can have significant business implications;
Amendment 62 #
2016/2225(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 81 #
2016/2225(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Emphasises that there is a need to promote an education system creating the basis for understanding the opportunities and risks of big data and develop accordingly the curricula in informatics throughout the Member States at all levels of education;
Amendment 86 #
2016/2225(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that the poor knowledge of citizens about the nature of big data allows the use of personal information in unintended ways;
Amendment 98 #
2016/2225(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that privacy by design is an indispensable tool for big data, allowing for early implementation of relevant controls that are protecting the individuals' personal data by default;
Amendment 134 #
2016/2225(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges corporations and other data controllers to make use of instruments provided for by the GDPR, such as codes of conduct and, certification schemes, privacy by design and privacy by default, to seek greater certainty over their specific obligations under Union law and to bring their practices and activities into compliance with the appropriate Union legal standards and safeguards;
Amendment 143 #
2016/2225(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Takes the view that a privacy impact assessment should be obligatory for the public sector and for the companies using big data analytics in their everyday activities;
Amendment 3 #
2016/2038(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the Directive 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing;
Amendment 15 #
2016/2038(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the ‘Panama Papers’ and ‘LuxLeaks’ scandals, as revealed by the International Consortium of Investigative Journalists (ICIJ), have shown the urgent need for the EU and its Member States to fight tax evasion and avoidance and act for increased cooperation and transparency in order to re-establish tax justice, prevent money laundering and combat organised crime, including terrorism;
Amendment 26 #
2016/2038(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the scale of tax evasion and avoidance is estimated by the Commission to be EUR 1 trillion19 a year, while the OECD estimates20 the revenue loss at global level to be between 4 % and 10 % of all corporate income tax revenue, representing between EUR 75 and EUR 180 billion annually, at 2014 levels; whereas these are only estimates and the actual figures might be even higher; whereas the costs to society of such practices are evident, seriously undermine good governance and trust in democracy; whereas tax fraud, tax evasion and aggressive tax planning erode the tax base of Member States and thereby lead to loss of tax revenues; __________________ 19 http://ec.europa.eu/taxation_customs/taxati on/tax_fraud_evasion/a_huge_problem/ind ex_en.htm, European Commission, 10 May 2016. 20 Measuring and Monitoring BEPS, Action 11 - 2015 Final Report, OECD/G20 Base Erosion and Profit Shifting Project.
Amendment 40 #
2016/2038(INI)
Motion for a resolution
Recital C
Recital C
C. whereas small and medium-sized enterprises (SMEs) are the primary job creators in Europe, having created around 85 % of all new jobs in Europe21 during the last five years; whereas the Commission has stated that SMEs pay on average 30 % more in tax than multinational enterprises (MNEs); whereas this seriously distorts competition, leads to loss of jobs in the Union, fosters inequality and hinders sustainable growth; __________________ 21 http://ec.europa.eu/growth/smes/, European Commission, 10 May 2016.
Amendment 54 #
2016/2038(INI)
Motion for a resolution
Recital E
Recital E
E. whereas convergence of tax policies should also be accompanied by greater controls and more investigations of harmful tax practices; whereas the Commission has started new formal investigations regarding tax treatment of MNEs; whereas a number of investigations by the Commission in matters of state aid in connection with Member States tax practices were still ongoing at the time of adoption of this report; whereas certain Member States have initiated recovery procedures against some MNEs;
Amendment 86 #
2016/2038(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the hearings organised with Andorra, Guernsey, Jersey, Liechtenstein and Monaco (see Annex 1) showed that the conditions for registration of offshore companies and the information to be provided in this regard vary from one jurisdiction to another; whereas full information on the final beneficiaries of trusts, foundations and companies by official tax authorities of some of these jurisdictions is not known to exist or is never made public; whereas Directive 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing still leaves a wide margin of discretion to Member States on the level of transparency and accessibility of beneficial owners of corporate entities; whereas Andorra, Liechtenstein, Monaco, San Marino and Switzerland have signed agreements with the EU; whereas the Channel Islands have signed agreements with the UK and have declared their readiness to enter into similar agreements with other Member States; whereas the Cayman Islands have only appeared at a coordinators’' meeting and not at a formal hearing of the Special Committee; whereas the Isle of Man declined to appear before the Special Committee but sent a written contribution instead;
Amendment 151 #
2016/2038(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Za. whereas global tax reforms and international tax cooperation within an intergovernmental UN body are key to strengthening the domestic collection of corporate income tax, especially from MNEs;
Amendment 386 #
2016/2038(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates the crucial role of whistleblowers in revealing misconduct and illegal and wrongful practices; considers that such revelations, which shine a light on the magnitude of tax evasion and avoidance, corruption, money laundering and other financial crimes, are clearly in the public interest, as demonstrated in the recent ‘'Panama papers’' leak;
Amendment 387 #
2016/2038(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Observes that the Commission is limiting its action to monitoring developments in different areas of Union competences, without planning to take any concrete steps to tackle the issue; notes that this lack of ambition could endanger the publication of new revelations, thereby potentially leading to European tax authorities losing legitimate tax revenue, besides the damage inflicted in public trust in the Union and in Member States’ actual governance capacity; regrets that the Commission has not provided a satisfactory response to the demands contained in paragraphs 144 and 145 of Parliament’'s resolution of 25 November 2015;
Amendment 448 #
2016/2038(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Commission to include in the framework of the European Semester reporting of what measures the Member States take towards effective and fair taxation and to enhance efforts against harmful cross- border tax practices and tax evasion, including tax amnesties, tax exemptions or tax benefits granted to MNEs and any companies established in their own "free trade zones", "dependent territories " and preferred jurisdictions for offshore incorporation, including recommendations for strengthening national tax administrations;
Amendment 464 #
2016/2038(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes the renewed focus at G8 and G20 level on tax issues, which should lead to new recommendations; calls on the Commission to maintain a coherent position on behalf of the Union at the upcoming G20 meetings and ad hoc symposia; requests the Commission to inform Parliament about all findings and possible consequences of G20 decisions on combating corporate tax base erosion and, aggressive tax planning practices and any illicit financial flows;
Amendment 520 #
2016/2038(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Stresses the potential of digital solutions for effective tax collection in gathering tax data directly from operations in the sharing economy and in lowering the overall workload of tax authorities in Member States;
Amendment 3 #
2016/2033(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas tax evasion has serious economic and social consequences on European societies. Tax avoidance and tax evasion not only deprive Member States from raising sufficient revenues, but it increases inequalities among law abiding tax payers and citizens disregarding their duties;
Amendment 6 #
2016/2033(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Amendment 12 #
2016/2033(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to carry out an extensive evaluation of the revenues that criminal organizations raise each year through VAT frauds and reinvest in the legal economy through money laundering.
Amendment 13 #
2016/2033(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to present a comprehensive strategy to counter criminal organization's VAT fraud business model including activities related to money laundering.
Amendment 15 #
2016/2033(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on Member States to adopt all appropriate legislative and administrative measures to ensure the traceability of financial flows and the transparency of banking institutions in order to prevent VAT fraud revenues from being reinvested.
Amendment 44 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 57 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 65 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
Amendment 76 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 83 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.
Amendment 100 #
2016/0280(COD)
Proposal for a directive
Title IV – Chapter 2 – title
Title IV – Chapter 2 – title
Amendment 101 #
2016/0280(COD)
Proposal for a directive
Article 13
Article 13
Amendment 106 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 118 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 126 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 183 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education, as well as organizations such as libraries and other cultural heritage institutions providing non-formal education to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 281 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 290 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
(31) An open Internet and free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 307 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 312 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to defineclarify the sconceptpe of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weeklotection set out in Article s2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for monthly magazines of general or special ithe normal functioning of the Internest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection doess well as to take account of certain fundamental rights, these Articles should not extend to acts of hyperlinking, which do not constitute communication to the public.
Amendment 324 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 326 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 339 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 496 #
2016/0280(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The processing of personal data carried out within the framework of this Directive shall be subject to Directive 95/46/EC and the General Data Protection Regulation.
Amendment 519 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 580 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 591 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or other educational venue, such as cultural heritage institutions, or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff;
Amendment 617 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions.
Amendment 731 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 734 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 743 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 766 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 773 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 780 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 853 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Member States shall ensure that users have access to a court or other relevant judicial authority.
Amendment 995 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 501 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(c a) 'registering' of an application for international protection means the recording of the personal details, in accordance with [Article 10(1) of the Eurodac Regulation] of an applicant for international protection, which formalises the application for international protection;
Amendment 503 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c b (new)
Article 4 – paragraph 2 – point c b (new)
(c b) 'lodging' of an application for international protection means the submission of elements available to the applicant which may help to substantiate the application for international protection in accordance with [Article 4(1) of the Qualification Regulation];
Amendment 511 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) 'guardian' means a person or an organisation appointed by the comptent bodies to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation, and exercising legal capacity for the minor where necessary;
Amendment 555 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, 4 and 4a have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this Regulation.
Amendment 605 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
Amendment 610 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the right to legal assistance for the lodging of the individual application, including the possibility of free legal assistance in accordance with Article 15;
Amendment 617 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point f
Article 8 – paragraph 2 – subparagraph 1 – point f
(f) the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Regulation (EU) No XXX/XXX (Qualification Regulation) including the right to free legal assistance and representation;
Amendment 623 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 633 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. The determining authority may also provide applicants with a cultural mediator to assist him or her during the procedure and, in particular, during the personal interview.
Amendment 669 #
2016/0224(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. BWhere a determining authority decides to carry out an admissibility test in accordance with Article 36, and before a decision is taken by theat determining authority on the admissibility of an application for international protection, the applicant shall be given the opportunity of an personal interview on the admissibility of his or her application.
Amendment 685 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The personal interviews shall be conducted under conditions which ensure appropriate confidentiality and whichMember States shall take appropriate steps to ensure that those conditions allow applicants to present the grounds for their applications in a comprehensive manner.
Amendment 697 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
The absence of a personal interview pursuant to point (b) shall not adversely affect the decision of the determining authority. That authority shall give the applicant an effective opportunity to submit further information. When in doubt as to the condition of the applicant, the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature. If, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit to be interviewed.
Amendment 701 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant’situation prevailing in the applicant's country of origin, the applicant's cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.
Amendment 710 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. TWithout prejudice to Article 10, paragraph 1, and Article 11, paragraph 1, and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the determining authority from taking a decision on an application for international protection.
Amendment 734 #
2016/0224(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their applications at all stages of the procedure.
Amendment 736 #
2016/0224(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. TAs soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure.
Amendment 741 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 750 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point –a (new)
Article 15 – paragraph 2 – point –a (new)
(-a) assistance in preparing and lodging the application in accordance with Article 28;
Amendment 751 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) assistance in the preparation of the application and personal interview, including participation in the personal interview as necessary;
Amendment 769 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation. In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 781 #
2016/0224(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant, provided that the applicant has been informed of his or her right to legal assistance and representation – including free legal assistance and representation where appropriate – and has chosen not to exercise that right.
Amendment 805 #
2016/0224(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed. That assessment mayshall be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 829 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
Amendment 867 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, and in any event no more than 20, which would render him or her unable to perform his or her tasks effectively.
Amendment 893 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be usedWhere there are doubts as to dwhethermine the age of or not an unaccompanied minors within the framework of the examination of an application where, is under the age of 18, following statements by the applicant, available documentary evidence or other relevant indications including, Member States may order a psychosocial assessment, there are doubts a by qualified professionals to whdether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a mimine the age of applicant within the framework of the examination of an application. The age assessment shall not be based solely on the applicant's physical appearance or demeanour.
Amendment 894 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application. Where, taking into account the margin of error of the method employed - the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 905 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, including the right to appeal the decision on the medical examination, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination. All documents concerning the medical examination shall be added to the applicant’s file.
Amendment 913 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttablnot lead to the presumption that the applicant is not a minor and it. A refusal to carry out the medical examination shall not prevent the determining authority from taking a decision on the application for international protection, however a decision to reject an application for international protection by an unaccompanied minor who refused to undergo a medical examination shall not be based solely on that refusal.
Amendment 953 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time-limit established in paragraph 1. In accordance with Article 14(1), the applicant shall have the right to legal assistance and representation to prepare the lodging of his or her application and shall be informed of that right, including the right to free legal assistance and representation where appropriate. Where free legal assistance is requested, the time limit for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor.
Amendment 103 #
2016/0151(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The last substantive amendment to Directive 89/552/EEC of the Council27 , later codified by Directive 2010/13/EU of the European Parliament and of the Council28 , was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29 . Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing time. However, new types of content, such as short videos or user-generated content, gain increasing importance and new players, including providers of video-on- demand services and video-sharing platforms, are now well-established. __________________ 27 In order to ensure that the measures to regulate these new types of content are suitable for future developments, it is necessary to evaluate whether the current legal framework for audiovisual media services is suitable and whether it strikes the necessary balance with other legal instruments applicable to these new types of content. __________________ 27 Directive 89/552/EEC of the European Directive 89/552/EEC of the European Parliament and of the Council of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 298, 17.10.1989, p. 23). 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). 29 Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 332, 18.12.2007, p. 27).
Amendment 116 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d a (new)
Article 1 – paragraph 1 – point 5 – point d a (new)
Directive 2010/13/EU
Article 4 – paragraph 7a (new)
Article 4 – paragraph 7a (new)
(da) The following paragraph is inserted: 7a. This Directive and any implementing act thereof shall be without prejudice to Directive 2000/31/EC and in particular articles 14 and 15.
Amendment 139 #
2016/0151(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, or mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means.
Amendment 192 #
2016/0151(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children’'s audienceprogrammes. In particular, evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children’'s audienceprogrammes. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
Amendment 213 #
2016/0151(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 257 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters. Video-sharing platform providers should be encouraged to put in place voluntary measures on those matters, provided that user's fundamental rights are protected, in accordance with guidelines issued by regulatory authorities, and without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council 33a . Such measures should avoid arbitrary removal of content and should not undermine freedom of expression and information. __________________ 33a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).
Amendment 279 #
2016/0151(COD)
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, where thoese providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers, they should be requirencouraged to take appropriate measures to protect minors from content that may impair their physical, or mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.
Amendment 306 #
2016/0151(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) To ensure the protection of fundamental rights of users, regulatory authorities of Member States, in cooperation with ERGA and the Commission, should regularly issue guidelines on the terms and conditions applicable to the removal of harmful content, in accordance with national and Union law and the Charter of Fundamental Rights of the European Union.
Amendment 331 #
2016/0151(COD)
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. 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. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.
Amendment 590 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 1
Article 6 a – paragraph 1
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, or mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 640 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’'s audienceprogrammes, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 712 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 1
Article 12 – subparagraph 1
Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, or mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 845 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – introductory part
Article 28 a – paragraph 1 – introductory part
1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure thatcourage video-sharing platform providers to take appropriate measures to:
Amendment 852 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
Article 28 a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, or mental or moral development;
Amendment 877 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 1
Article 28 a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest as well as the protection of freedom of expression and information.
Amendment 887 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point a
Article 28 a – paragraph 2 – subparagraph 2 – point a
(a) defining and applying the rights and duties of users in the terms and conditions of the video-sharing platform providers the concepts ofwith regard to incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, or mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 901 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point e
Article 28 a – paragraph 2 – subparagraph 2 – point e
(e) providing for parental control systems with respect to content which may impair the physical, or mental or moral development of minors;
Amendment 916 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 4
Article 28 a – paragraph 4
4. Member States, in cooperation with the Commission and ERGA, shall facilitate the development of a Union code of conduct which shall include guidelines on the terms and conditions applicable to the removal of content referred to in points (a) and (b) of paragraph 1 of this Article, in accordance with Union law and the Charter of Fundamental Rights. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 of this Article taken by video- sharing platform providers in particular concerning freedom of expression and information. Member States shall entrust this task to the authorities designated in accordance with Article 30.
Amendment 949 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8
Article 28 a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission mayshall give appropriate publicity to those codes of conduct.
Amendment 162 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not be in the best interests of the childWhen the applicant is a minor who is accompanied by a parent, an adult sibling or another adult responsible for the minor, the legal presence of another parent or adult responsible for him or her in a Member State should also become a binding responsibility criterion. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individualised guarantees from thate Member State where the minor will be transferred that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transferon responsibility in accordance with this Regulation concerning an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise. which shall involve, at a minimum, his or her guardian and legal advisor or counsellor
Amendment 183 #
2016/0133(COD)
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible . As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them and of the possibility of presenting all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.
Amendment 202 #
2016/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and which shall fully respect the person's fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.
Amendment 240 #
2016/0133(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 309 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is presentthe mother and the father of the applicant or beneficiary of international protection,
Amendment 315 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when theif the applicant or beneficiary of international protection is a minor and unmarried, the famother, mothe father or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 327 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the grandparents of the applicant or beneficiary of international protection;
Amendment 328 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 b (new)
Article 2 – paragraph 1 – point g – indent 5 b (new)
- the grandchildren of the applicant;
Amendment 330 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 433 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) of the right for the applicant to provide information about the presence in any Member State of meaningful links relevant under the provisions of Chapter VII of this Regulation
Amendment 439 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) of the provisions relating to family reunification, including the possibility provided by Article 13a, and in this regard on the applicable definition of family members and relatives as well as of the need for the applicant to disclose early in the procedure any relevant information that can help to establish the whereabouts of family members or relatives present in other Member States, as well as any assistance that the Member State can offer with regard to the tracing of family members, relatives, or other family relations.
Amendment 459 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understandand in an easily understandable form. Specific material should be provided for minors. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose. The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment.
Amendment 467 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, by means of implementing actEuropean Asylum Agency shall, in close cooperation with the responsible national agencies, draw up a common leaflet, as well as a specific leaflet for unaccompanied minors,information materials containing at least the information referred to in paragraph 1 of this Article. Thisat common leafletinformation material shall also include information regarding the application of Regulation (EU) [Proposal for a Regulation recasting Regulation No 603/2013] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common leafletinformation material shall include information on Member States for the purposes of the allocation mechanism under Chapter VII, and shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2) of this Regulatione European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 470 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 481 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The personal interview shall take place in a timely manner and, in any event, before any take charge request pursuant to Article 24 is madedecision on the substance is taken.
Amendment 482 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 487 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 492 #
2016/0133(COD)
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/ or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 504 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 517 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. situations of vulnerability, including abuse, trauma, specific health needs and disability;
Amendment 518 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. the need for decisions concerning children to be treated with priority;
Amendment 520 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, ton the Member State of allocation, the transf concerrning Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures refean unaccompanied minor shall be preceded by a multidisciplinary assessment of his/her best interests, carried to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to enout by the competent judicial or administrative authorities according to the national law of the Member State. The assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall involve competent staff with expertise in child rights, psychology and development and shall involve, at a minimum, the minor's guardian and legal advisor or counsellor. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the best inMember State restsponsible ofr the minor are taken into considerationMember State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 531 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 3
Article 8 – paragraph new5 – subparagraph 3
The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 545 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. In view of the application of the criteria referred to in Articles 10 to 13a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 549 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, provided that it isunless it is demonstrated that this is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesinor, the Member State responsible shall be the Member State where the father, mother, grandparent or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 552 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her appliand if no other criteria set out in Chapter III and IV apply, including Articles 19 and 20, the Member State responsible shall be determined by the allocation mechanism set out in Chapter VII, provided that the minor should be always granted the choice among the Member States of possible allocation faccor dinternational protection, unless it is demonstrated that this is not in the best interests of the minorg to Article 36c. Any decision on the Member State responsible should be preceded by a multidisciplinary assessment of the best interests of the minor, including in case of allocation.
Amendment 559 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 564 #
2016/0133(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Family member in a Member State Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin , who is a third country national with a long-term residence permit residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 572 #
2016/0133(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Family reunification procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indications that they are likely to have the right to family reunification in accordance with Articles 10, 11, 12 or 13. 2. In establishing whether there are sufficient indications that the applicant has family in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that the applicant has family members and/or relatives in that Member State in order to meet the requirements of paragraph 1. 3. If it is determined pursuant to paragraph 1 and 2 that an applicant likely has, prima facie, the right of family reunification in accordance with Articles 10, 11, 12 or 13 the determining Member State shall notify the Member State concerned thereof and the applicant shall be transferred to that Member State. 4. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 4 shall make the determination of whether the conditions for family reunifications in accordance with Article 10, 11, 12 or 13 are met. If it is determined that the conditions for family reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure in article 24a. 5. The authorities responsible of the Member State where the applicant claims to have family members and/or relatives present shall assist the authorities responsible of the determining Member State with answering any questions aimed at clarifying whether the alleged family links are correct. The absence of official documents issued by the State of origin cannot be the only reason for not declaring satisfied the requirements for family reunification, and other evidence should also be admitted, including the declarations from international organizations. 6. For the purposes of the procedures provided for in this Article, the Commission shall adopt an implementing act regarding the evidentiary requirements to prove relevant family links, including the type of proof or evidence required, including partial documentation issued by the State of origin or declarations from international organisations. A different understanding of such proof or evidence between the determining Member State and the Member State receiving the applicant shall not result in the applicant being subject to the procedure under Article 24a.
Amendment 603 #
2016/0133(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of originbefore the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. When the applicant is affected by a serious disease or inability and it is not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, Member States shall normally keep the applicant on the territory of the Member State in which the applicant is present, if the person concerned expressed his desire in writing.
Amendment 771 #
2016/0133(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
Amendment 807 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 869 #
2016/0133(COD)
Proposal for a regulation
Article 36 b (new)
Article 36 b (new)
Amendment 957 #
2016/0133(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State. In the case of minors, the same applies to relatives or other adults responsible for them.
Amendment 991 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 39 #
2016/0089(NLE)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be the duty of the European Border and Coast Guard Agency to keep under constant review the situation regarding massive inflows of third country nationals into Member States.
Amendment 56 #
2016/0089(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) To ensure a proper monitoring of the situation, Member States should report on a monthly basis to the Commission on Syrians present in Turkey admitted to their territory under the option provided for in this amendment specifying under which scheme, national or multilateral, the person has been admitted and the form of legal admission.
Amendment 13 #
2015/2340(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists on the need for the EU to enhance police and judicial cooperation between Member States and with third countries in the prevention, the investigation and prosecution of trafficking in human beings (THB), in particular via Europol and Eurojust, including information sharing, participation in Joint Investigation Teams and in combating recruitment of people for THB through the internet and other digital means; encourages greater cooperation between Europol and Interpol in the fight against trafficking in human beings;
Amendment 19 #
2015/2340(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that trafficking in human beings, as a serious crime which constitutes one of the worst forms of human rights violations, has to be understood in a holistic manner, focusing not only on sexual exploitation, but also - in particular- on forced labour, organ trafficking, forced begging, forced marriages, child soldiers or trafficking of babies;
Amendment 26 #
2015/2340(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission and the Member States to ensure that law enforcement personnel, including agencies such as Frontex, are provided with adequate training in THBthe EU Borders Agency, Europol, and EASO, as well as other officials likely to come into contact with victims or potential victims of trafficking in human beings, are provided with adequate training in THB, so as to help them identify and deal with these victims, with an emphasis on the special needs of trafficked women, children and other vulnerable groups, the respect for fundamental rights and on how to provide incentives and adequate protection for victims of THB and for others to report traffickers; is of the opinion that this training should be delivered in a harmonised and coordinated manner within the EU; calls for greater attention to be given to this aspect of training in the new EU Borders Agency;
Amendment 38 #
2015/2340(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that migrant smuggling and THB are different phenomena but that the former can easily turn into the latter when smuggled adults and children into the EU end up as victims of THB, the main difference being that migrants have consented to the smuggling, which ends with the arrival at their destination, contrary to victims of trafficking who are exploited by means of coercion, deception and abuse, without any possibility of consent; underlines that there can also be a crossover between the two, entailing the risk that criminals groups force refugees and migrants into exploitation as victims of THB, in particular unaccompanied minors and women travelling alone; urges the competent authorities in the Member States to pay attention to this overlap during their police, judicial-cooperation and law- enforcement activities;
Amendment 42 #
2015/2340(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern that according to Europol at least 10 000 unaccompanied child refugees have vanished after arriving in Europe and having been registered by state authorities, that many are feared to have fallen into the hands of criminal groups, and that there is little information about what happens after their disappearance; deplores that children at risk are frequently treated as offenders or irregular migrants by law enforcement officials who do not systematically look for indicators of human trafficking to identify victims;
Amendment 45 #
2015/2340(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that it is essential as regards unaccompanied minors to achieve a better and more proactive identification of children victims of trafficking, in particular at border crossings and in reception centres, as well as a stronger multi-disciplinary cooperation to ensure the best interests of the child are effectively protected; underlines that it is also imperative to promptly appoint legal guardians to all unaccompanied children and to ensure that the latter are properly trained; recalls that, according to the Directive 2011/36/EU, "Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child"; believes a durable solution can be found through integration of the child into her or his host society, or facilitation of family reunification in order to enable the child to join her or his family in another Member State;
Amendment 46 #
2015/2340(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Considers that being a refugee, an asylum seeker, a humanitarian visa holder or a person in need of international protection should be considered as a factor of vulnerability for human trafficking victims; calls on the Member States to ensure that law- enforcement authorities and asylum authorities cooperate in order to help human trafficking victims in need of international protection to lodge an application for protection; reaffirms that measures taken against human trafficking shouldn't adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection;
Amendment 47 #
2015/2340(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Raises the preoccupying issue of administrative detention, often used in a systematic and abusive way by some Member states, while it should be a solution of last resort; underlines that the use of detention very often leads to violations of migrants and asylum seekers' fundamental rights; calls on the Member States to put an end immediately to the detention of victims of human trafficking and children; demands more transparency with respect to the current situation in detention centres (through a better access for civil society, journalists and parliamentarians); calls on the Member States to make a better and more systematic use of existing alternatives to detention, taking into account the needs of vulnerable groups such as victims of trafficking;
Amendment 48 #
2015/2340(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that no possible consent to perform labour or services should ever be considered valid for a trafficked child, and that there can be no valid consent in a situation where a third country national is taken away from her or his country to go into the EU (or when a EU national is taken away to another Member State) for the purposes of prostitution, any other form of sexual exploitation or forced labour;
Amendment 49 #
2015/2340(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on Member States to fully and properly implement article 8 of Directive 2011/36/EU; recalls that victims of trafficking shouldn't be criminalised and held responsible for criminal activities they were forced to take part in, in particular in case of prostitution, any other form of sexual exploitation or forced labour;
Amendment 50 #
2015/2340(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Recalls Article 82(1) of the Treaty on the Functioning of the European Union provides that judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions, and whereas this should include decisions concerning protection measures for victims of crime, including victims of trafficking;
Amendment 51 #
2015/2340(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Calls on the Member States to guarantee full mutual recognition of decisions concerning protection measures for victims of human trafficking, which means that the status of victim, once granted in a Member State, has to be applicable within the whole European Union; calls for the setting up of a European ad hoc structure for the protection of victims of trafficking, which would be attached to the Commission, and whose task would be to help and assist victims (or associations representing them) in case of non-recognition of their status when they are travelling within the Union, in the framework of judicial or administrative procedures; insists that this new structure should be adequately staffed and resourced in order to fulfil its missions;
Amendment 67 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that, when Member States conduct individual risk assessment so as to ensure victims of trafficking receive appropriate protection, including through witness protection programmes, they should take into account vulnerability factors, such as gender, pregnancy, health conditions, disability, sexual orientation, age, and the status of refugee, asylum seeker or a person in need of international protection;
Amendment 74 #
2015/2340(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that Member States should develop systems of protection and assistance for victims so as to help them finding a way out of exploitation, by providing first and foremost adequate housing, which shouldn't be conditional on the lawful stay of the victim, but also counselling and information, social, educational and professional support, reintegration programmes, therapeutic and psychological care, in conjunction with social and educational actors;
Amendment 82 #
2015/2340(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Member States to develop awareness and educational programs on the reality of trafficking in human beings and exploitation, including at school;
Amendment 83 #
2015/2340(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
Amendment 90 #
2015/2340(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Believes that Member States should make better use of NGOs' expertise which are active in the fight against trafficking in human beings, so as to enrich existing tools for identification, assistance and protection of victims;
Amendment 95 #
2015/2340(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Calls on the Member States to collect more comparable data on the fight against human trafficking and to improve the exchange of such data between them and with third countries, in full respect of EU standards on data protection, so as to be able to better understand and analyse this complex phenomenon; underlines that these data should also cover protection and assistance mechanisms for victims and the results of actions undertaken against trafficking; urges the Commission to publish the implementation report of Directive 2011/36/EU as soon as possible this year, even more considering that it was due to be presented in April 2015;
Amendment 549 #
2015/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workers;
Amendment 555 #
2015/2255(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 21 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the digital revolution has changed the labour market already to a great extent in some segments and this trend will further intensify over the next few years; highlights that on the one hand, digitization generates new business models and new jobs, especially for high- skilled but also low-skilled workers, but on the other hand, digitization also induces the outsourcing of jobs or part of a job to countries with low labour costs, points out, that due to automation, some jobs even completely disappear, especially medium skilled-labour;
Amendment 23 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission's initiative; stresses, that the Digital Single Market plays an important role as an engine for jobs and growth; stresses however that a comprehensive strategy is needed which goes beyond the technical aspects to take full advantage of employment and growth potential;
Amendment 42 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. PRegrets that the effects of a common digital single market on employment and social protection are not addressed by the Commission, although in terms of the transformation of the working world digitization causes a considerable need for policy-making on EU level and in the Member States; points out that employment and social policy need to keep pace with the digitalisation of society;
Amendment 49 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Demands a permanent European Forum composed of all relevant stakeholders, including social partners, to discuss how such a European digital vision can be developed and how to shape the future digital Europe, how to design industry 4.0, workplaces 4.0 and smart digital services, on the basis of a clear roadmap;
Amendment 53 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to undertake a thorough assessment of the impact whichcomprehensive analysis of the qualitative and quantitative development of types of employment, which are triggered by digitalisization will have on the number and types of jobs available and to gather information on new forms of employment, such as crowdsourcing and crowdworkingin order to better seize the opportunities and to meet the challenges; stresses that there is a need for a detailed analysis regarding the sustainable sectors, including new forms of employment and jobs in the health and care sector, and the geographical distribution as well as the consequences of digitization;
Amendment 66 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws the Commission's attention to the urgent need for more detailed and regularly updated statistics that show the spread and distribution of income as well as nonstandard forms of employment, including data on practices such as "Crowdsourcing / Working Crowd";
Amendment 94 #
2015/2147(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes further that public and private investment in vocational education and life- long-learning training for all groups of employees has to be promoted in order to provide the EU workforce, including the 'digital workforce' working in non- standard forms of employment;
Amendment 100 #
2015/2147(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that some Member States have introduced rights which guarantee workers minimum entitlements to paid educational leave as a measure to improve workers' access to education and training; calls therefore on the European Commission to consider, in close cooperation with Member States and social partners, whether such rights should also be introduced at European level;
Amendment 103 #
2015/2147(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. draws attention to the problem that, according to official Commission data, there are significant shortages of skills acquisition. The mismatch between skills supply and demand opportunities and the development of the digital economy hinders the creation of jobs which has a huge impact on the competitiveness of the EU;
Amendment 105 #
2015/2147(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses that lifelong learning for workers of all ages must be a standard in the digitized area, including the legal right to lifelong training and further training measures (e.g. through part-time education); recalls that the qualification and training requirements must apply to all employees via European framework legislation;
Amendment 107 #
2015/2147(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Recalls that women are underrepresented in the field of information and communication technologies; points out that women in Europe studying rare ICT-based subjects, rarely find employment in this sector and rarely hold a leadership positions in technology companies; calls on Member States, to promote the qualification and training of women in the ICT sector;
Amendment 109 #
2015/2147(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. believes that new funding opportunities for lifelong training, including funding models as already exist in some member states, are needed, especially for micro and small enterprises;
Amendment 115 #
2015/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the establishment of the Europe-wide grand coalition for digital jobs, and encourages businesses to joinin order to promote education and training in digital skills; encourages companies to join this coalition; Calls on companies to finance training opportunities;
Amendment 134 #
2015/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that the digital revolution is also changing the ways of working, which leads to an increase of atypical and flexible employment relationships; recognizes a positive effect and more flexible working arrangements for some people allowing them a better work-life balance and the possibility of a caregiver leave; draws attention to the problem that the digitalisation-driven trend towards more flexible working practices may also give rise to precarious forms of employment to which current standards as regards social security, working time, working location, minimum wages, worker participation and employmenthealth and safety protection no longer apply; calls for self-employed persons with quasi-employeeon Member States, social partners and the Commission to develop stratuegies to be placed on an equal footing with employed persons under employment lawensure that these self-employed workers who work under similar circumstances are treated equally under labour law, including the right of collective bargaining;
Amendment 146 #
2015/2147(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the necessity for a definition of the term 'worker' in order to distinguish between self-employment and bogus self-employment; calls on the Commission to promote the exchange between Member States on the various forms of self-employment, taking into account the mobility and delocalization of digital work;
Amendment 152 #
2015/2147(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Draws attention to the increase of sharing economy companies; is concerned that this may lead to a loss of tax revenues; calls on the Commission, the Member States and the social partners to develop strategies to ensure all relevant information is made available to national authorities and that taxes are paid for all forms of work, including non-standard forms of employment;
Amendment 154 #
2015/2147(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that the intended harmonization on parcel delivery by the Commission should not lead to lower salaries and working conditions of the parcel deliverers irrespective of whether their employment status is self-employed, subcontractor, temporary staff member or contract worker; calls on the Commission and on Member States to ensure that workers in this sector have access to social security systems and to the right to exercise collective bargaining; considers that one key to appropriate transformation and adaptation measures lies in the development of compatible information systems and in employee training; regards it as the employer's task to properly acquaint employees obligation with new technologies such as IT and tracking applications and GPS systems, which can offer support as online delivery becomes more widespread and complex; in the case of temporary contracts, the agency supplying the staff must provide to employees adequate preparation and training;
Amendment 161 #
2015/2147(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that digitization has promoted new forms of employment such as Crowd Working, where services of all kinds are mediated via digital platforms; Encourages the Commission to recognise the working conditions of Crowd Worker not only as a new form of employment but also as a new form of outsourcing; calls therefore on the Commission and Member States to create a regulatory framework ensuring a high level of social security for all; stresses that social and labour law regulation is necessary at both national and European level; points out that European minimum standards are necessary where services are solely digitally rendered and where the Crowdsourcer (contractor) and the Crowd Worker (contractee) come from different Member States;
Amendment 162 #
2015/2147(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the social partners to provide adequate information to workers on working conditions and workers' rights throughout Crowd Working platforms;
Amendment 163 #
2015/2147(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Emphasises that work-related mental health problems such as burnout caused by the constant accessibility and the limitation of work represents serious risk; advocates therefore a "right to log off" for workers;
Amendment 175 #
2015/2147(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that industry 4.0 provides the opportunity to increase the share of skilled labour in the factory and to eliminate monotonous work; points out, however, that this changes can only be made if the employees quickly prepare for a changing range of tasks, for which a solid technology assessment and derived quality requirements for education and training are necessary;
Amendment 177 #
2015/2147(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Emphasises that the guiding principle of decent work must also be promoted in the digital world, including enhanced co- determination rights in the workplace and worker's right to privacy and data protection; calls on the Commission to set high minimum standards under the EU Data Protection basic Regulation; points out that Member Stated must be allowed to go beyond the high EU minimum standards;
Amendment 183 #
2015/2147(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission, the Member States and the social partners to suggest ways of enhancing social security for self- employed persons in need of protection, such as "self-dependent" and "solo self- employed" workers, in order to safeguard the effectiveness of existing national systems.
Amendment 184 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to conduct a study which explores the wider impact of digitalisation on European societies in order to establish how and to which degree the phenomena has altered life in each and every Member State and to share these findings with all EU institutions and Member States; on this basis to assess whether and to which extent further action in the respective policy fields is required;
Amendment 190 #
2015/2147(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises that there are very different forms of social protection for self-employed in the Member States; calls on the Member States to develop social security systems, together with the social partners and in accordance with national law and practice in order to provide better social protection in particular with regard to pensions, disability, maternity/paternity, sickness and unemployment.
Amendment 235 #
2015/2147(INI)
Motion for a resolution
Paragraph 3 – indent 1 (new)
Paragraph 3 – indent 1 (new)
- Points out that the impacts of the digital revolution on social standards and labour conditions have to be taken into account while adapting current laws and regulations in order to protect citizens and companies alike; encourages the Commission to conduct a comprehensive analysis of the quantitative and qualitative effects of digitalisation on employment conditions;
Amendment 334 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission's strategy neglects the accessibility aspect; reminds the Commission that there are 80 million EU citizens with disabilities and an aging population of 190 million of 50+; calls therefore on the Commission to ensure an appropriate level of accessibility in all legislative and non- legislative proposals related to the Digital Single Market; emphasises that accessibility is best achieved and cost- effectively introduced when incorporated from the outset;
Amendment 902 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that particularly business models of the sharing economy foster more and more flexible and atypical employment schemes, which may on the one hand allow for more flexibility and a better work-life balance in the EU where life expectancy is high and will become even higher, but on the other hand my also increase the number of precarious working conditions, most importantly through an ever higher number of solo- self-employed contractors; calls on the Commission and Member States to provide improved social security schemes in order to protect those who find themselves in precarious and exploitive solo-self-employment;
Amendment 905 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to take into consideration the ever-widening phenomena of crowdworking and crowdsourcing which further decentralises income tax liabilities, limits the possibilities of workers/contractors in this area to organise and undermines national and European social and labour standards; calls on the Commission to develop minimum labour and social standards for crowdworkers;
Amendment 94 #
2015/2103(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. stresses that any processing activity carried out by robotics and artificial intelligence systems must be in full compliance with Union data protection law and must embed privacy by design and privacy by default principles;
Amendment 260 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety; points out to the need to further strengthen the Union Civil Protection Mechanism in order to respond to disasters with wide- ranging impacts which affect a significant number of Member States.
Amendment 551 #
2015/2095(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Stresses further that the premise for Dublin is outdated and based on a very different geo-political environment than the one faced today; Calls for an overhaul of the archaic Dublin System into a system which deals with the registration of asylum seekers separately from asylum claims, under the provisions granted by the Common European Asylum System; Highlights that the "irregular entry" criterion should no longer be taken into account to determine which Member State shall be responsible for the examination of an asylum claim, but that the responsibility for the examination of an asylum claim should be made through a centralised system in a way that ensures no Member State's reception capacities are disproportionately affected; calls for the allocation of technical and financial resources and support to Member States of first arrival in order to ensure the swift and effective registration of asylum seekers in full respect of fundamental human rights of refugees;
Amendment 667 #
2015/2095(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Recalls that, under Article 15 of the Reception Conditions Directive, Member States are to determine the conditions for granting access to their labour markets for applicants for international protection, provided that such access is effective and is in accordance with the timeframe laid down in Paragraph 1 of that Article; understands that, per Article 15(2) for reasons of labour market policies, Member States may give priority to Union citizens and nationals of states parties to the Agreement on the European Economic Area, and to legally resident third-country nationals; calls for implementation of flexible criteria for the temporary employment of the refugees in the hosting Member States.
Amendment 942 #
2015/2095(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Notes that both of the Relocation Decisions provide for operational support at the hotspots to be provided to Italy and Greece for the screening of migrants when they first arrive, registration of their application for international protection, provision of information to applicants on relocation, organisation of return operations for those who did not apply for international protection and are not otherwise entitled to remain or those who applied unsuccessfully, and the facilitation of all steps involved in the relocation procedure itself; calls on the Member States to provide administrative and technological help to increase the effectiveness of all of the hotspots in all of their activities.
Amendment 1208 #
2015/2095(INI)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Calls for a comprehensive vision of the labour market trends in the Union as a necessary pre-condition for the development of labour market policies; points out that it is necessary to develop tools for identifying and forecasting present and future labour market needs in the Union in a better way, especially in the context of the digital single market; suggests, in that regard, that existing tools – such as those developed by the European Centre for the Development of Vocational Training (CEDEFOP) or the OECD – could be improved upon, and even merged, with international statistics on potential labour supply from third countries in order to provide a more accurate picture of the situation;
Amendment 4 #
2015/2074(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that the 2016 budget has to play a key role in enhancing the Union's contribution to growth and jobs, thus supporting achievement of the Europe 2020 priorities and targets, especially in combating youth unemployment and poverty;
Amendment 14 #
2015/2074(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges that financial support be provided for programmes creating jobs for those with multiple disadvantages on the labour market, such as the long-term unemployed, people with disabilities and, people from minority backgrounds and the inactive and the discouraged persons;
Amendment 19 #
2015/2074(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that growth is the key to more jobs and increased prosperity and that it is necessary to direct the structural funds more effectively towards promoting growth and sustainable employment; emphasises the importance of research and innovation for stimulating growth and job creation; asks for adequate funding for social sciences research to be secured;
Amendment 26 #
2015/2074(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of sufficient funding and good budgetary management of the programmes within the 2014-2020 multiannual financial framework that aim to address unemployment, poverty and social exclusion, such as the European Social Fund (ESF), the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the different axes of the Programme for Employment and Social Innovation (EaSI) and the Fund for European Aid to the Most Deprived (FEAD);
Amendment 30 #
2015/2074(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists on adequate measures being suggested and implemented in order to overcome the unprecedented accumulation of unpaid claims from the previous programming period;
Amendment 33 #
2015/2074(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that the EU budget should support vocational training and professional qualification measures, apprenticeships and direct quality job creation;
Amendment 36 #
2015/2074(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the 2016 budget should support measures promoting entrepreneurship in micro, small and medium-sized enterprises, including social entrepreneurship and innovative social enterprises and self-employment, and encouraging women's participation;
Amendment 44 #
2015/2074(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Points out that micro, small, and medium-sized enterprises employ manythe majority of workers in the EU and that one of the main problems in setting up such enterprises and keeping them going is that of obtaining finance; proposes, therefore, that the microfinance element be expanded, and the potential of financial instruments under ESF to be further exploited with corresponding transparency and accountability;
Amendment 47 #
2015/2074(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that the support for social inclusion, especially of people with disabilities and the marginalized communities is a key European policy that requires extensive support from the budget; emphasizes that apart from the ESF, the social dimension should be more visible as regard the other Cohesion Policy instruments.
Amendment 253 #
2015/2001(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that EU-Russia relations must henceforth be based on the rule of law and on preconditioned dialogue, whereby the EU would be ready to relaunch cooperation with the authorities in Moscow on the condition that Russia unambiguously and without pretence takes its share of responsibility and fully implements the Minsk Agreements, including unconditional withdrawal from Ukraine of all Russian troops and Russian-backed illegal armed groups and mercenaries, exchange of all prisoners and restoration of Ukraine's control over its whole territory, including Crimea; stresses that in order to ensure that such a dialogue – if renewed (for which the return of Crimea to Ukraine would be a prerequisite) – is not conducted at the expense of European values, standards and international commitments, it would be necessary to specify very clearly the EU’s expectations of Russia, along with the retaliatory measures it would take should Russia not keep to its commitments;
Amendment 110 #
2015/0310(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons and goods within the Union and is a fundamental component of an area of freedom, security and justice, and economic prosperity. European integrated border management is central to improving migration management and ensuring a high level of internal security within the Union, in addition to helping to ensure and enable good transport, logistics and infrastructure links across external borders.
Amendment 126 #
2015/0310(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The development of the policy and legislation on external border control and return remains a responsibility of the Union institutions. ClosIn the spirit of shared competences with Member States, including in the areas of freedom, security and justice and of transport as set out in Article 4 of the Treaty on the Functioning of the European Union, close cooperation and effective coordination between the European Border and Coast Guard Agency and, those institutions and the Member States should be guaranteed.
Amendment 128 #
2015/0310(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by Council Regulation (EC) No 2007/2004.14 Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of irregularly staying third- country nationals illegally staying on the territory ofwho are the subject of a final return decision issued by a Member States., __________________ 14 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 135 #
2015/0310(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions while ensuring full respect of human rights in their actions and activities and the fulfilment of asylum obligations and commitments of each Member State.
Amendment 165 #
2015/0310(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a vessel flying its flag, in so far as he can do so without serious danger to the vessel, the crew or the passengers, to render assistance without delay to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found. The shipmaster and crew should not face criminal penalties for the sole reason of having rescued persons in distress at sea and brought them to a place of safety.
Amendment 166 #
2015/0310(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
Amendment 174 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, aincluding the restriction of free movement of persons and goods through road, maritime and rail freight routes as set by the pillars of the EU TEN-T and Connecting Europe policies, unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 192 #
2015/0310(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) This Regulation should be applied in full compliance with the principle of non-refoulement as defined in the Charter and as interpreted by the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In accordance with that principle, no person should be disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 194 #
2015/0310(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union and international law, in particular as regards compliance with the principle of non- refoulement, whenever they are aware or ought to be aware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seeker would face a serious risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that that third country engages in practices in contravention of the principle of non-refoulement.
Amendment 200 #
2015/0310(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member Statesintegrated border management tasks, including for officers of the competent national bodies. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 208 #
2015/0310(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) National authorities carrying out coast guard functions are responsible for a wide range of tasks, including but not limited to maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The European Border and Coast Guard Agency, the European Fisheries Control Agency established by Council Regulation (EC) No 768/2005 16 and the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council 17 should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost-efficient action; synergies between the various actors in the maritime environment should be in line with the EU’s integrated border management and maritime security strategy. __________________ 16 Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p.1). 17 Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p.1).
Amendment 218 #
2015/0310(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) All port and maritime authorities of the Member States and on the European Maritime Safety Authority (EMSA), and in particular on the captains of vessels sailing in the Mediterranean, should be vigilant in relation to any vessels carrying migrants and refugees who may be in danger, applying the guidelines issued by the International Maritime Organisation and the UN Refugee Agency (UNHCR) on the treatment of people rescued at sea.
Amendment 219 #
2015/0310(COD)
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
Amendment 242 #
2015/0310(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein. and goods therein and helping to ensure and enable good transport, logistics and infrastructure links across external borders.
Amendment 245 #
2015/0310(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein, to safeguard free movement and the fundamental rights of persons in the area of freedom, security and justice without internal borders by effectively managing migration and thereby ensuring a high level of internal security.
Amendment 254 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘returnee’ means an illegalrregularly staying third-country national who is the subject tof a final return decision; issued by a Member State;
Amendment 256 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘return operation’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either through forced return or in voluntary compliance with an obligation to return;
Amendment 259 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘return intervention’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision providing for enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.
Amendment 270 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member States, taking into account the need to ensure consistency between Union policies and activities in line with Article 7 of the Treaty on the Functioning of the European Union.
Amendment 294 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) The identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection;
Amendment 337 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point 1 (new)
Article 5 – paragraph 3 – point 1 (new)
(1) When carrying out its tasks in accordance with Article 7, The European Border and Coast Guard Agency shall actively observe and promote the application of the existing and future Union law, including fundamental rights and international protection.
Amendment 367 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, with active support over SAR capacities and operations, as defined by the International Conventions such as SOLAS and SAR, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 374 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) coordinate Member State action, and provide technical and operational assistance to Member States, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014;
Amendment 375 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d b (new)
Article 7 – paragraph 1 – point d b (new)
(db) establish, in conjunction with the relevant national authorities and with the European Asylum Support Office, mechanisms and procedures for the identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection;
Amendment 428 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and withinand forecast situations, trends and possible challenges at the external border of the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 445 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control,; reception capacity at the external borders; the existence of mechanisms for the identification, provision of information to and onward referral of persons who are in need of, or wish to apply for international protection; return,; irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigratithe criminal smuggling of persons, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre- warning mechanism which analyses the migratory flows towards the Union.
Amendment 459 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staffother staff or experts involved in return-tasks related taskso the integrated border management.
Amendment 473 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c a (new)
Article 11 – paragraph 3 – point c a (new)
(ca) observe and promote the application of existing and future Union measures relating to the management of external borders, including on fundamental rights and international protection;
Amendment 499 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess theOn the basis of the risk analysis prepared in accordance with Article 10(3), the Executive Director shall propose to the Management Board a set of objective criteria against which the Agency shall carry out vulnerability assessments of all Member States with external borders. Before proposing that set of objective criteria, the Executive Director shall consult with and take into account the views of the Fundamental Rights Officer with a view to ensuring that the criteria against which vulnerability is assessed reflect the need to ensure the respect of fundamental rights in accordance with Union law in all aspects of border control. That vulnerability assessment shall seek to assess the available infrastructure (including reception capacity), technical equipment, systems, capabilities, resources, and contingency plans of the Member States regardingin the context of border control. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 509 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the Agency, provide information as regards infrastructure, technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 513 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders,challenges; their capacity to handle in a humane manner and with full respect for fundamental rights the arrival of large numbers of persons many of whom may be in need of international protection; the availability of adequately skilled and trained personnel; the existence of cooperation mechanisms with relevant Union agencies, international organisations and civil society; and to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). Thate vulnerability assessment ishall be without prejudice to the Schengen evaluation mechanism.
Amendment 518 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders, including on the proper functioning of cross-border transport, logistics and infrastructure links, and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 554 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries and those helping to ensure and enable good transport, logistics and infrastructure links across external borders;
Amendment 583 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point d a (new)
Article 15 – paragraph 3 – point d a (new)
(da) a description of the fundamental rights implications and risks of the joint operation;
Amendment 600 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph -1 (new)
Article 16 – paragraph -1 (new)
-1. At the request of a Member State faced with a situation of specific and disproportionate pressures, for example the arrival of large numbers of third- country nationals trying to enter the territory of that Member State at points of the external borders, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.
Amendment 619 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals, the provision of initial information to and onward referral of those persons arriving who are in need of, or wish to apply for, international protection, and, where requested by the Member State, the fingerprinting of third- country nationals;
Amendment 706 #
2015/0310(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
(d) observe and promote the application of existing and future Union measures relating to the management of external borders and respect for fundamental rights in border management activities, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;
Amendment 716 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. For this purpose, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of a joint operation or a rapid border intervention.
Amendment 800 #
2015/0310(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Suspension or termination of return operations and return interventions 1. The Executive Director shall terminate, after informing the Member States concerned, return operations or return interventions if the conditions to conduct those activities are no longer fulfilled. 2. The Executive Director may withdraw the financing of a return intervention or suspend or terminate it if the operational plan is not respected by either the host Member State or the participating Member States. 3. The Executive Director shall withdraw the financing of a return operation or a return intervention, or suspend or terminate, in whole or in part, a return operation or a return intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. 4. For these purposes, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of return operations and return interventions.
Amendment 811 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is, in contravention of the principle of non-refoulement, disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulementwhere, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion or retur, removal or extradition to another country in contravention of that principle.
Amendment 873 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
Amendment 897 #
2015/0310(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer ofA Data Protection Officer shall be appointed in accordance with Regulation (EC) No 45/2001. The Management Board shall establish measures for the application of that Regulation by the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.
Amendment 907 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border criminal activities, including in facilitating irregular immigration activitiethe criminal smuggling of persons, in trafficking in human beings or in terrorism;
Amendment 925 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigratithe criminal smuggling of persons, trafficking in human beings and terrorism.
Amendment 950 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and ensuring and enabling good transport, logistics and infrastructure links across external borders. The Agency and the Member States shall comply with the norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.
Amendment 953 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation alsoUnion law, including norms and standards which form part of the Union acquis, when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.
Amendment 956 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related todetail the scope, nature and purpose of the cooperation and the management of operational cooperation. Such arrangements shall have received the Commission’'s prior approval and shall have been presented to the relevant committee in the European Parliament prior to receiving such approval.
Amendment 985 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council Regulation (EC) No 377/2004.49 Liaison officers shall only be deployed to third countries in which border management practices comply with minimum human rights standards. __________________ 49 Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).
Amendment 1044 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Commission shall propose candidates for the posappointment of the Executive Director and the Deputy Executive Director based on a list following publication of the post in the Official Journal of the European Union anshall take place in accordance with the cooperation (concertation) procedure provided for in paragraph 2. The Executive Director and Deputy Executive Director shall be appointed on ther press or internet sites as appropriate basis of his or her merit, documented high-level administrative and management skills, and senior professional experience in the field of the management of external borders.
Amendment 1052 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board on the grounds of merit and documented high-level administrative and management skills, as well as senior profcooperation procedure shall be as follows: (a) on the basis of a list drawn up by the Commission, following publication of the posts in the Official Journal of the European Union and other press or internet sites as appropriate, and before the appointments are made, applicants will be asked to address the Council and the competent European Parliament Committee and to reply to quesstional experience in the field of management of the external borders and returns; (b) the European Parliament and the Council will then give their opinions and state their orders of preference; (c) the Management Board shall appoint the Director and Deputy Executive Director taking those opinions into account. The Management Board shall take its decisions by a two- thirds majority of all members with a right to vote.
Amendment 1077 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The SuperAdvisory Board shall be composed of the Deputy Executive Director, fourthe Fundamental Rights Officer, three other senior officials of the Agency to be appointed by the Management Board and one of the representatives of the Commission to the Management Board. The SuperAdvisory Board shall be chaired by the Deputy Executive Director.
Amendment 1103 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2 – point 1 (new)
Article 71 – paragraph 2 – point 1 (new)
(1) The Fundamental Right Officer shall have access to all information concerning respect for fundamental rights in relation to all activities of the Agency.
Amendment 1104 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2 – point 2 (new)
Article 71 – paragraph 2 – point 2 (new)
(2) The staffing of the office of the Fundamental Rights Officer shall be commensurate to the staffing of the Agency and to the fulfilment of his or her mandate.
Amendment 1113 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The Agency, in cooperation with the Fundamental Rights Officer, shall take the necessary measures to set up an independent, impartial and effective complaint mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 1116 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support teams, return operation or return intervention, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency.
Amendment 1122 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are anonymousill founded, malicious, frivolous, vexatious, hypothetical or inaccuratunidentifiable shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1125 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Fundamental Rights Officer shall be responsible for handling complaints received by the Agency in accordance with the EU Charter of Fundamental Rights, including the right to good administration. For this purpose, the Fundamental Rights Officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the Executive Director, forwar and complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State, including the relevant authority or body competent for fundamental rights in Member State, within a determined time period. The Fundamental Rights Officer will also register and ensure the follow-up by the Agency or that Member State. Any decision shall be in written form and reasoned. The Fundamental Rights Officer shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. The person shall have the right to appeal decisions on admissibility.
Amendment 1132 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts, the home Member State shall ensure appropriate follow-up, including disciplinary measures and referral to civil or criminal justice procedures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint. within a determined time period, and if necessary, at regular intervals thereafter. In case the relevant Member State does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1138 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. In case a border guard or a seconded national expert has been found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State to remove the border guard or seconded national expert immediately from the activity of the Agency or the rapid reserve pool, and pursue appropriate disciplinary or civil or criminal justice measures.
Amendment 1141 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. The Agency shall provide publicly accessible information on the complaints mechanism in the context of its annual report, indicating the number of complaints received, the types of fundamental rights violations, the operation concerned and the follow-up measures taken by Agency which would help it to identify possible shortcomings and improve its working methods.
Amendment 1148 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 1
Article 72 – paragraph 9 – subparagraph 1
The Fundamental Rights Officer shall, after consulting the Consultative Forum, draw up a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights establish the procedure for the complaints mechanism, after consulting the Consultative Forum, on the basis of Article 41 and 47 of the EU Charter of Fundamental Rights, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights, and the detailed procedures for information, admissibility, follow-up and appeal, including, where necessary, measures to facilitate access to the complaints mechanism and effective remedies for individuals who are residing in a third country. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1150 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that tinformation about the possibility and procedure for making a complaint is readily available. The standardized complaint form ishall be made available in most common languages and that it shall be made availablethird- country nationals understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency. Further guidance and assistance on the complaints procedure shall be provided to alleged victims and on request. Information tailored to children and other vulnerable groups shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1157 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3
Article 72 – paragraph 10 – subparagraph 3
In order to safeguard the interest of the complainants, complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality. Any waivers of confidentiality shall be valid only where given freely by a specific, informed and unambiguous indication of the complainant's wishes. The Agency shall be able to demonstrate that the confidentiality was waived. For complainants who waive their right to confidentiality, it is understood that he or she consents to the Fundamental Rights Officer or the Agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint.
Amendment 1159 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
(1) Data protection rights and related complaints shall be dealt with by the Data Protection Officer in accordance with Article 44 (1). Where there is uncertainty regarding responsibility for a specific complaint, that responsibility shall be determined on the basis of a written understanding between the Fundamental Rights Officer and the Data Protection Officer.
Amendment 87 #
2015/0288(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) This Directive should guarantee a high level of consumer protection, to provide consumers with appropriate reassurance when they are wishing to enter into cross-border contracts. These rules should maintain or improve upon the level of protection that consumers enjoy at present under national or Union law.
Amendment 89 #
2015/0288(COD)
Proposal for a directive
Recital 5
Recital 5
(5) TheCertain Union rules applicable to the online and other distance sales of goods are still fragmented althoughhave already been harmonised, including rules on pre- contractual information requirements, the right of withdrawal and delivery conditions have already been fully harmonised. Other key contractual elements such as the conformity criteria, the remedies and modalities for their exercise for goods which do not conform to the contract are subject to minimum harmonisation inregulated at a minimum level by Directive 1999/44/EC of the European Parliament and of the Council39 . Member States have been allowed to go beyond the Union standards and introduce rules that ensure even higher level of consumer protection. Having done so, they have acted on different elements and to different extents. ThusIn practice therefore, national provisions transposing the Union legislation on consumer contract law significantly diverge today on essential elements of a sales contract, such as the absence or existence of a hierarchy of remedies, the period of the legal guarantee, the period of the reversal of the burden of proof, or the notification of the defect to the seller. _________________ 39 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees OJ L 171, 7.7.1999, p.12.
Amendment 104 #
2015/0288(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive should establish a set of clear common rules for the contractual rights of consumers when buying goods and help to provide a stable trading environment for sellers. This set of rules should recognise that consumers and sellers are not on an equal footing so that the legal framework must be just and fair to ensure a high level of consumer protection whilst still recognising the concerns of businesses, including small businesses.
Amendment 107 #
2015/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Fully harmonisedA clear framework of harmonisation for consumer contract law rules will make it easier for traders to offer their products in other Member States. Businesses will have reduced costs as they will no longer need to take account of different consumer mandatory rules. They will enjoy more legal certainty when selling at a distance to other Member States through a more stable contract law environment.
Amendment 113 #
2015/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in the cross-border commerce at a distance and in particular online. Consumers will more confidently buy at a distance cross- border knowing they would enjoy the same rights across the Union.
Amendment 124 #
2015/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier of the digital content. However, this Directive should apply to digital contentdigital content or digital services integrated in goods such as household appliances, toys or stoyrage devices where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods and cannot be uninstalled easily by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the goods.
Amendment 135 #
2015/0288(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Where referring to the same concepts, the rules of this Directive should be applied and interpreted in a manner consistent with the rules of Directive 1999/44/EC and, where relevant and appropriate, Directive 2011/83/EU of the European Parliament and of the Council41 as interpreted by the case law of the Court of Justice of the European Union. _________________ 41 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council OJ L 304, 22.11.2011, p.64.
Amendment 138 #
2015/0288(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to balance the requirement of legal certainty with an appropriate flexibility of theinterpretation of legal rules, any reference to what can be expected of or by a person in this Directive should be understood as a reference to what can reasonably be expected. The standard of reasonableness should be objectively ascertained, having regard to the nature and purpose of the contract, to the circumstances of the case and to the usages and practices of the parties involvedto a contract. In particular, the reasonable time for completing a repair or replacement should be objectively ascertained, having regard to the nature of the goods and the lack of conformity.
Amendment 143 #
2015/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) A large number of consumer goods are intended to be installed before they can be usefully usedd in practice by the consumer. Therefore any lack of conformity resulting from an incorrect installation of the goods should be regarded as a lack of conformity with the contract where the installation was performed by the seller or under the seller's control, as well as where the goods were installed by the consumer but the incorrect installation is due to incorrect installation instructions.
Amendment 144 #
2015/0288(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Conformity should cover material defects as well as legal defects. Third party rights and other legal defects might effectivelyshould not bar the consumer from enjoying the goods in accordance with the contract when the right's holder rightfully compels the consumer to stop infringing those rights. Therefore the seller should ensure that the goods are free from any right of a third party, which precludes the consumer from enjoying the goods in accordance with the contract.
Amendment 148 #
2015/0288(COD)
Proposal for a directive
Recital 22
Recital 22
(22) While freedom of contract with regard to the criteria of conformity with the contract should be ensured, iIn order to avoid circumvention of the liability for lack of conformity and ensure a high level of consumer protection, any derogation from the mandatory rules on criteria of conformity and incorrect installation, which is detrimental to the interests of the consumer, shall not be valid only if the consumer has been expressly informed and has expressly consented to it when concluding the contract.
Amendment 151 #
2015/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy. Similarly, keeping non-compliant products out of the Union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market. For theose purposes, product specific Union legislation, such as Council Directive 85/374/EEC1a , is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products, using for this purpose adapted criteria. This Directive should therefore be complementary to the objectives followed in this Union sector specific legislation. In so far as sproduct liability legislation. Specific durability information ishould be indicated in any pre- contractual statement which forms part of the sales contract, the consumwhich should be part of the criteria for conformity. Furthermore, sellers should be able to rely on them as a part of the criteria for conformityinform consumers about the availability of spare parts which are necessary for the use of the product. _________________ 1a Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
Amendment 154 #
2015/0288(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Considering that the seller is liable towards the consumer for any lack of conformity of the goods resulting from an act or omission of the seller or a third party, it is justified that the seller should be able to pursue remedies against the responsible person in earlier links of the chain of transactions.
Amendment 157 #
2015/0288(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Enhancing legal certainty for both consumers and sellers requires a clear indication of the time when the conformity of the goods to the contracts should be assessed, subject to national rules on the commencement of prescription periods in exceptional cases. In order to ensure coherence between the present Directive and Directive 2011/83/EU it is appropriate in general to indicate the time of the passing of risk as the time for assessing the conformity of the goods. However, in cases where the goods need to be installed, that relevant time should be adapted.
Amendment 160 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully and to provide a high level of consumer protection, it is justified to harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in addition to a short-term right to reject goods, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In addition, in order to increase legal certainty in relation to the available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products, the principle of free choice of remedies should be harmonised.
Amendment 167 #
2015/0288(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 179 #
2015/0288(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed, the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is minor. This would provide a strong incentive to remedy all cases of a lack of conformity at an early stage. In order to make the right to terminate effective for consumers, in situations where the consumer acquires multiple goods, some being an accessory to or acquired in conjunction with the main item which the consumer would not have acquired without the main item, and the lack of conformity impacts that main item, the consumer should have the right to terminate the contract also in relation to the accessory or additional elements, even if the latter are in conformity with the contract.
Amendment 182 #
2015/0288(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to ensure the effectiveness of the right to terminate for consumers while avoiding the consumer's unjustified enrichment, the consumer's obligation to pay for the decrease of the value of the goods should be limited to those situations where the decrease exceeds normal use, and where it is possible to take a proportionate approach. In any case the consumer should not be obliged to pay more than the price agreed for the goods. In situations where the return of the goods is impossible due to their destruction or loss, the consumer should pay the monetary value of the goods which were destroyed. However, the consumer should not be obliged to pay the monetary value where the destruction or loss is caused by the lack of conformity of the goods with the contract.
Amendment 188 #
2015/0288(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessaryjustified to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods, subject to national rules on which the prescription period starts to run. Considering that the large majority of Member States have foreseen a two-year period when implementing Directive 1999/44 and in practice this is considered by market participants as a reasonable period, this period should be maintained.
Amendment 194 #
2015/0288(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded the right to initiate proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings. It is also important that Member States continue to be mindful of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice, including through claiming remedies collectively where appropriate.
Amendment 195 #
2015/0288(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) In the light of the significance of the issues and rights addressed in this Directive for the internal market and for consumers and citizens of the Union, this Directive should be subject to close scrutiny and review, to include meaningful and detailed consultation and involvement with Member States and consumer, legal and business organisations at Union level.
Amendment 198 #
2015/0288(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Since the objectives of this Directive, namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law-related obstacles for the online and other distance sales of goodimprove the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 202 #
2015/0288(COD)
Proposal for a directive
Article 1 – title
Article 1 – title
Subject matter and scope, scope and objectives
Amendment 213 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not apply to any durable medium incorporating digital content where the durable medium has been used exclusively as a carrier for the supply of the digital content to the consumergoods in which digital content or digital services are embedded unless the seller or producer proves that the lack of conformity lies in the hardware of the goods, nor to tangible media the main function of which is to carry digital content.
Amendment 221 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'consumer’' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession; where the contract is concluded for a purpose which is partly within and partly outside that natural person's trade, business, craft or profession or an equivalent purpose and that purpose is so limited as not to be predominant in the overall context of the contract, that person shall also be considered to be a consumer;
Amendment 222 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘seller’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf or as an intermediary for a natural person, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive;
Amendment 223 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) 'producer', in relation to goods, means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product, holds himself out to be its producer;
Amendment 226 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'embedded digital content or digital service' means pre-installed digital content, or an inherent digital service, which operates as an integral part of the goods and cannot be easily uninstalled by the consumer or which is necessary for the conformity of the goods with the contract;
Amendment 237 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not maintain or introduce provisions diverging from those laid down in this Directive including more or less stringent provisions to ensure a different level of consumer protection. may adopt or maintain in force more stringent provisions than those laid down in this Directive for the protection of consumers, and the implementation of this Directive shall under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law.
Amendment 240 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Directive shall be without prejudice to general substantive and procedural rights which consumers may invoke under national laws governing contractual or non-contractual liability.
Amendment 258 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities, durability and performance capabilities which are normal in goods of the same type, including in relation to appearance, safety and freedom from all defects, which are satisfactory and which the consumer maycan expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller shows that:
Amendment 262 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
(ii) by the time of conclusion of the contract the statement had been corrected and the consumer could not reasonably have been unaware of that correction; or
Amendment 265 #
2015/0288(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Pre-contractual information Where the provisions of Directive 2011/83/EU require the seller to provide information to the consumer before the contract becomes binding, any of that information that was provided by the seller other than information about the main characteristics of goods shall be deemed to be included as a term of the contract.
Amendment 288 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to havechoose any of the following remedies: (a) having the goods brought into conformity by the seller, free of charge, by repair or replacement in accordance with Article 11; (b) being granted a proportionate price reduction in accordance with Article 12; (c) terminating the contract in accordance with Article 13.
Amendment 290 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable time, and in any case within 30 days from the moment the seller has acquired physical possession of the goods, and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Amendment 295 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 312 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. This Article does not preclude the consumer from seeking any national remedies which may also be available. Those national remedies may apply: (a) in addition to the remedies provided for by this Article, but not so as to allow the consumer to recover twice for the same loss; or (b) instead of the remedies provided for by this Article; or (c) where no such remedy is provided for by this Article.
Amendment 358 #
2015/0288(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Short-term right to reject Without prejudice to any other rights under this Directive or otherwise, the consumer shall have a right to reject goods for non-conformity with the contract by returning them within 30 days of receipt.
Amendment 394 #
2015/0288(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Information requirement on spare parts and accessories The seller shall inform the consumer in a clear and intelligible manner of the existence of any spare parts or accessories available on the market and necessary for the use of the goods sold.
Amendment 395 #
Amendment 396 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about their rights and enabled and facilitated to enforce those rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 397 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies,representative bodies, under justified and appropriate criteria as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied. Such bodies shall include but shall not be limited to:
Amendment 41 #
2015/0287(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) Terms not individually negotiated and that concern the processing of personal data or any other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or services supplied, should be subject to unfairness control under the national provisions implementing Directive 93/13/EC and should be construed as not defining the main subject matter of the contract within the meaning of Article 4(2) of Directive 93/13/EC. Any standard term that would reduce or undermine any right afforded to the consumer as a data subject under Regulation (EU) 2016/679, including any term defining the functionality and other performance features of the digital content or digital service in a way that is not in conformity with Article 25 of Regulation (EU) 2016/679, should always be regarded as unfair within the meaning of Article 3(1) of Directive 93/13/EC.
Amendment 99 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract whereunder which the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter-performor undertakes to supply digital content or a digital service to the consumer in exchancge other than money in the form of personal data or any other datafor payment or the provision of data as counter-performance.
Amendment 104 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive shall not apply to digital content provided against counter- performance ocontracts for the supply of digital content or a digital facility where the supplier neither tchan money to the extent the supplier requestsrges a price for the digital content nor uses data which the consumer tohas provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose. It shall equally not apply to any other data the supplier requests the consumer to provide for td in the context of the conclusion or performance of the contract, including data generated by the consumer's use of the digital content or digital service, for purposes that are in the supplier's commercial interest. The pburpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements, and the supplier does not use that data for commercial purposesden of proof that data provided by the consumer are not used for purposes in the supplier's commercial interest shall rest on the supplier.
Amendment 108 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. This Directive is without prejudice toNo provision in this Directive, or in national contract law including rules on damages and unjustified enrichment, shall in any way reduce or undermine the protection of individuals with regard to the processing of personal data as granted by or in compliance with Regulation (EU) 2016/679.
Amendment 134 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. In order to be in conformity with the contract the digital content or digital service shall respect the principles of "privacy by design" and "privacy by default" set out in Article 25 of Regulation (EU) 2016/679.
Amendment 172 #
2015/0287(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Considering that the seller is liable towards the consumer for any lack of conformity of the digital content or service resulting from an act or omission of the seller or a third party it is justified that the seller should be able to pursue remedies against the responsible person earlier in the chain of transactions.
Amendment 174 #
2015/0287(COD)
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. In Annex to Directive 93/13/EC Terms referred to in Article 3(3) the following point is added: " 1. (r) limiting the consumer's rights afforded to the consumer as a data subject under Regulation (EU) 2016/679, including any term defining the functionality and other performance features of the digital content or digital service in a way that is not in conformity with Article 25 of Regulation (EU) 2016/679."
Amendment 968 #
2015/0287(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law. However, the seller shall be entitled to pursue remedies for at least the duration of the legal guarantee period, and the reversal of the burden of proof shall be no shorter than as provided for in Article 9 .
Amendment 71 #
2015/0281(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015. In addition, the European Union and its Member States face increased threats from individuals inspired or instructed by terrorist groups abroad but who remainand within Europe.
Amendment 72 #
2015/0281(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Considering that the internet is being used for terrorist propaganda and recruitment, Member States should take appropriate measures for flagging illegal content on the internet and facilitating the detection of such content, and cooperate with each other, with Europol and other relevant Union agencies, as well as with civil society organisations active in this field.
Amendment 89 #
2015/0281(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Nothing in this directive shall have the effect of altering the rights, obligations and responsibilities of the Member States, humanitarian organisations and individuals under international law. The activities of parties to armed conflict, which are governed by international humanitarian law within the meaning of these terms under that law, and, inasmuch as they are governed by other rules of international law, are not governed by this Directive. Humanitarian activities carried out by impartial humanitarian organisations internationally recognised should not be considered as contributing to the criminal activities of terrorist groups.
Amendment 93 #
2015/0281(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The offences related to terrorist activities are of a very serious nature as they have the potential to lead to the commission of terrorist offences and enable terrorists and terrorist groups to maintain and further develop their criminal activities, justifying the criminalisation of such conduct.
Amendment 102 #
2015/0281(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The offenses related to public provocation to commit a terrorist offence act may comprise, inter alia, the glorification and justification of terrorism or the dissemination of messages or images including those related to the victims of terrorism as a way to gain publicity for the terrorists cause or seriously intimidating the population, provided that such behaviour causes a danger that terrorist acts may be committed. To strengthen action against public provocation to commit a terrorist offence, Member States may take measures to remove webpages publicly inciting to commit terrorist offences. Such measures should be taken after adequate control by the judicial authority, in order to guarantee their proportionality and the full respect of fundamental rights and procedural safeguards.
Amendment 107 #
2015/0281(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act of. The act of travelling should be criminalised only when the terrorist purpose of the travel is proven by objective circumstances and facilitation of such travel should also be criminalised.
Amendment 118 #
2015/0281(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disruptiIn a coherent manner with Directive 2015/849/EU on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, terrorism funding should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as travels for terrorist purposes. Any physical or legal person sanctioned for terrorism financing shall be allowed to challenge the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist finrelevant decision rapidly and effectively before anc ing should also be punishabledependent authority.
Amendment 127 #
2015/0281(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the convergence between organised crime and terrorist groups, fighting against organised crime should be part of any strategy in the fight against the financing of terrorism.
Amendment 130 #
2015/0281(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Furthermore, tThe provision of material support for terrorism through persons engaging in or acting as intermediaries in the supply or movement of services, assets and goods, including trade transactions involving the entry into or exit from the Union should be punishable in the Member States, as aiding and abetting terrorism or as terrorism financing if performed with the knowledge that these operations or the proceeds thereof are intended to be used, in full or in part, for terrorist purposes or will, including smuggling of cultural heritage items, should be punishable in the Member States, if performed with the intent of benefiting terrorist groups.
Amendment 137 #
2015/0281(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The attempt to travel abroad for terrorist purposes, shouldMember States may punish the attempt to travel outside the Union when such a travel results, from objectives circumstances, to be punishable, as well as the attempt toequivocally directed to commit terrorist acts or receiving or provideing training and recruitment for terrorismt purposes.
Amendment 140 #
2015/0281(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission mayshould be inferred from objective, factual circumstances.
Amendment 144 #
2015/0281(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Furthermore, pPenalties should be provided for natural and legal persons having committed or being liable for such offences, which reflect the seriousness of such offences.
Amendment 146 #
2015/0281(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Jurisdictional rules should be established to ensure that the terrorist offences of cross-border nature may be effectively prosecuted. In particular, it appears necessary to establish jurisdiction for the offences committed by the providers of training for terrorism, whatever their nationality, in view of the possible effects of such behaviours on the territory of the Union and of the close material connexion between the offences of providing and receiving training for terrorism.
Amendment 152 #
2015/0281(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure the success of investigations and prosecution of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, those responsible for investigating and prosecuting such offences shall have the possibility to make use of effective investigative tools such as those used in combating organised crime and other serious crimes. Such tools should be proportionate to the nature and gravity of the offences under investigation. In order to ensure the respect of the fundamental rights and freedom and the presumption of innocence and effective procedural safeguards, the use of such investigative tools should always be subject to the control of a judicial authority, and mass surveillance should never be allowed. Every individual should dispose of effective remedies to challenge any violation of his fundamental rights.
Amendment 156 #
2015/0281(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to prevent and combat terrorism, a closer cross-border cooperation among the competent national authorities is needed with regard to timely exchange of relevant information from court records or other available sources on detainees and persons who are or have been subject to criminal proceedings or assets freezing.
Amendment 164 #
2015/0281(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Member State should adopt specific measures of protection, support and assistance responding to the specific needs of victims of terrorism, further qualifying and deepening the rights already contained in the Directive 2012/29/EU of the European Parliament and the Council28 . Victims of terrorism are those defined in Article 12 of the Directive 2012/29/EU, in relation to terrorist offences as referred to in Article 3. The measures to be taken by Member States should ensure that in the event of a terrorist attack, the victims of terrorism will obtain emotional and psychological support, including trauma support and counselling, and any relevant legal, practical or financial information and advice. __________________ 28 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37).
Amendment 175 #
2015/0281(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Member States should co-operate among each-other to ensure that access to information about the victims' rights, about available support services and about accessible compensation schemes is provided to all victims of terrorism. Moreover the Member States should ensure that victims of terrorism have access to a long-term support services in the country of their residence, even if the terrorist offence took place in another EU country.
Amendment 178 #
2015/0281(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Repressive measures should be complemented by long-term policies to prevent the radicalisation and recruitment by terrorist organisations. Strategies on social inclusion, education, and policies tackling discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations, as well as the provision of effective exit-programmes and exit-strategies, are crucial to countering terrorism.
Amendment 185 #
2015/0281(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Given that the objectives of this Directive cannot be sufficiently achieved by the Member States unilaterally and can therefore, because of the need for European-wide harmonised rules, be better achieved at the level of the Union, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article 5, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 190 #
2015/0281(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be interpreted and implemented in accordance with these rights and principles.
Amendment 196 #
2015/0281(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offenceach case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.
Amendment 201 #
2015/0281(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Theis Directive should replaces Framework Decision 2002/475/JHA29 for the Member States bound by this Directive. __________________ 29 As amended by Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA (OJ L 330, 9.12.2008, p. 21).
Amendment 205 #
2015/0281(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, as well as specific measures of protection of and assistance and support to victims of terrorism.
Amendment 208 #
2015/0281(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "terrorist group" shall mean: a structured group of more than two persons, established over a significant period of time and acting in concert to commit various terrorist offences
Amendment 212 #
2015/0281(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Structured group" shall mean a group that have the purpose and the potential of committing various terrorist offences, that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.
Amendment 220 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) undulysing violence or the threat of violence to compelling a Government or international organisation to perform or abstain from performing any act,
Amendment 236 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) seriously threatening to commit any of the acts listed in points (a) to (hc).
Amendment 241 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to ensure that the following acts, when committed intentionally and unlawfully, are punishable as a criminal offence:
Amendment 242 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will significantly contribute to the criminalterrorist activities of the terrorist group.
Amendment 245 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The provision of humanitarian activities by internationally recognised humanitarian organizations shall not be considered as contributing to the criminal activities of the terrorist groups.
Amendment 249 #
2015/0281(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the clear intent to incite the commission of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating terrorist offences, causes a substantial and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally and unlawfully.
Amendment 259 #
2015/0281(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Fundamental principles relating to freedom of expression 1. This Directive shall not have the effect of requiring Member States to take measures in contradiction to fundamental rights and principles, especially those relating to freedom of thought and expression, in particular for the press and other media, as they result from fundamental principles governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2. Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 280 #
2015/0281(COD)
Proposal for a directive
Article 9 – title
Article 9 – title
Travelling abroad for the purpose of terrorism
Amendment 283 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that travelling to another country for the purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities ofoutside the Union which is not that of traveller's nationality or residence, directly or by transiting through one or several Member States, for the purpose of the commission of or contribution to a terrorist groupoffence referred to in Article 43, or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 290 #
2015/0281(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Organising or otherwise facilitating travelling abroad for the purpose of terrorism
Amendment 291 #
2015/0281(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall take the necessary measures to ensure that any act of organisation or facilitation that assistsing or any acts that makes possible for any person into travelling abroad for the purpose of terrorism, as referred to in Article 9, knowing that the assistance thus rendered is for that purpose, is punishable as a criminal offence when committed intentionally and unlawfully. Member States may not punish those whose assistance to the traveller is justified only by family reasons.
Amendment 294 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s)s referred to in Articles 3 to 10 and 12 to 14 or 16, 4 and 9 is punishable as a criminal offence when committed intentionally.
Amendment 324 #
2015/0281(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.
Amendment 326 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall take the necessary measures to ensure that aiding or abetting an offence referred to in Articles 3 to 8, 6, 7 and 112 to 14 is made punishable.
Amendment 330 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3 to 14 is made punishable when it provokes the commission of, or the attempt to commit, one of those offences.
Amendment 332 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that attempting to commit an offence referred to in Articles 3, 6, 7, 9 and 112 to 14, with the exception of possession as provided for in point (f) of Article 3(2) and the offence referred to in pointoffences laid down in point (f) to (i) of Article 3(2), is made punishable.
Amendment 338 #
2015/0281(COD)
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. In line with Directive 2014/42/EU, Member States should provide for the freezing and confiscation of assets used to commit or resulting from the commission of the offences laid down in this directive.
Amendment 340 #
Amendment 341 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 343 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – introductory part
Article 18 – paragraph 1 – point b – introductory part
(b) provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:
Amendment 344 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – point 2
Article 18 – paragraph 1 – point b – point 2
(2) identify or bring to justice the other offenders;
Amendment 351 #
2015/0281(COD)
Proposal for a directive
Article 20 – paragraph 1 – point e a (new)
Article 20 – paragraph 1 – point e a (new)
(ea) freezing and confiscation of assets used for or resulting from the commission of one of the criminal offences laid down in this directive, as provided by Directive 2014/42/EU.
Amendment 360 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.
Amendment 377 #
2015/0281(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Member States shall ensure that measures are available to protect victims of terrorism and their family members, in accordance with Directive 2012/29/EU. With this regard, in the course of criminal proceedings particular attention shall be paid to the risk of intimidation and retaliation and to the need to protect the physical and mental integrity of victims of terrorism, including during questioning and testifying.
Amendment 398 #
2015/0281(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that their competent authorities cooperate among each other to ensure access to information for victims of terrorism who are residents of a Member State other than that one where the terrorist offence was committed. The access to information shall include in particular information about the victims' rights, available support services and accessible compensation schemes. Compensation should be granted to the victims for their participation in the criminal proceedings.
Amendment 63 #
2015/0051(NLE)
Recital 5
(5) In accordance with the Treaty provisions, the Union has developed and implemented policy coordination instruments for fiscal policy and macro- structural policies. The European Semester combines the different instruments in an overarching framework for integrated multilateral surveillance of economic and, budgetary surveillance, employment and social policies. The streamlining and strengthening of the European Semester as set out in the Commission's 2015 Annual Growth Survey will further improve its functioning.
Amendment D #
2015/0051(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) In accordance with the Treaty provisions, the Union has developed and implemented policy coordination instruments for fiscal policy and macro- structural policies which have a strong impact on the social and employment situation in the Union. These policies may result in a trend of stagnation and deflation in some parts of the Union, which could discourage growth and employment. In this regard, it is vital to take into consideration the new social indicators and the asymmetric shocks that certain Member States experience as a result of the crisis. The European Semester combines the different instruments in an overarching framework for integrated multilateral surveillance of economic and, budgetary surveillance, employment and social policies, and should be better geared to delivering on the EU2020 targets. The streamlining and strengthening of the European Semester as set out in the Commission's 2015 Annual Growth Survey willmay further improve its functioning, but this instrument has not yet improved the economic situation in the Member States worst affected by the crisis.
Amendment G #
2015/0051(NLE)
Proposal for a decision
Recital 7
Recital 7
(7) Member States and the Union should also address the social impact of the crisis and aim at building a cohesivelso by providing more reliable figures on extreme poverty, and aim at building an inclusive and more just society in which people are empowered to anticipate and manage change, and can actively participate in society and the economy. ANon-discriminatory access and opportunities for all should be ensured and poverty and social exclusion reduced substantially, in particular by ensuring an effective functioning of labour markets and adequate social welfare systems and removing barriers to labour market participation. Member States should also make sure that the benefits of economic growth reach all citizens and all regionsunnecessary administrative barriers and barriers to labour market participation, in particular those affecting people with disabilities. Member States should also make sure that the benefits of economic growth reach all citizens and all regional and local entities. The scoreboard of key employment and social indicators within the Joint Employment Report is a particularly useful tool in this respect by helping to detect key employment and social problems and divergences in a timely way and identify areas where policy response is most needed. However, further editions of the scoreboard should include also gender disaggregated data.
Amendment J #
2015/0051(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) The broad guidelines for economic policies and the employment guidelines give guidance to the Member States on implementing reforms, reflecting interdependence. They are in line with the Stability and Growth Pact. The guidelines should form the basis for country-specific recommendations that the Council may address to the Member States. and should form the basis for country-specific recommendations that the Council may address to the Member States. Given the close interdependence of Member States' economies and labour markets, when adopting country specific recommendations the Council should take into consideration the state of affairs in the neighbouring countries as well as in countries with which the respective Member State has clear connections following a trend in workers' migration or any other relevant indicator. In this respect, the Commission should have accurate and updated statistics and data available in case the country-specific recommendations need to be adjusted.
Amendment 79 #
2015/0051(NLE)
Recital 7
(7) Member States and the Union should also address the social impact of the crisis and aim at building a cohesive society in which people are empowered to anticipate and manage change, and can actively participate in society and the economy. Access and opportunities for all should be ensured and poverty and social exclusion reduced, in particular by ensuring an effective functioning of labour markets and social welfare systems and removing barriers to labour market participation. Member States should also make sure that the benefits of economic growth reach all citizens and all regions. The scoreboard of key employment and social indicators within the Joint Employment Report is a particularly useful tool in this respect by helping to detect key employment and social problems and divergences in a timely way and identify areas where policy response is most needed. However, further editions of the scoreboard should include also gender disaggregated data.
Amendment 99 #
2015/0051(NLE)
Recital 10
(10) The broad guidelines for economic policies and employment guidelines give guidance to the Member States on implementing reforms, reflecting interdependence. They are in line with the Stability and Growth Pact. The integrated guidelines should form the basis for country-specific recommendations that the Council may address to the Member States.
Amendment 128 #
2015/0051(NLE)
Annex 1 – section 1 – paragraph 3 a (new)
The Europe 2020 headline target on employment, on the basis of which Member States set their national targets, taking into account their relative starting positions and national circumstances, is to aim to raise the employment rate for women and men aged 20-64 to 75 % by 2020, including through the greater participation of young people, older workers and low-skilled workers and the better integration of migrants. A sub- target for youth employment, which should likewise be translated into national sub-targets, is to aim to reduce the rate of people aged below 25 who are neither in employment, education or training to less than 10 % by 2020, based on full implementation of the Youth Guarantee.
Amendment 134 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 1
Member States should promote productivity and employability through an appropriate supply of relevant knowledge and skills. Member States should make the necessary investments in educationquality and inclusive education from an early age and vocational training systems while improving their effectiveness and efficiency to raise the skill level of the workforce, allowing it to better anticipate and meet the rapidly changing needs of dynamic labour markets in an increasingly digital economy. Member States should step up efforts to improve access to quality adult learning for all and implement active ageing strategies to enable longer working lives.
Amendment 147 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 2
High unemployment should be tackled and long-term unemployment prevented. The number of long-term unemployed should be significantly reduced by means of comprehensive and mutually reinforcing strategies, including the provision of specific active support to long-term unemployed to return to the labour market. The youth unemployment needs to be comprehensively addressed, including by investing in sectors that can create quality jobs for young people and by equipping the relevant institutions with the necessary means to fully and consistently implement their national Youth Guarantee Implementation Plans
Amendment 161 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 4
Barriers to labour market participation should be reduced, especially for women, older workers, young people, persons withe disabled and legalility and migrants. Gender equality including equal pay must be ensured in the labour market as well as access to affordable quality early childhood education and care.
Amendment 173 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 5
Member States should make a full use of European Social Fund and other Union funds support in order to improve employment, social inclusion, education and public administration. The European Fund for Strategic Investments and its investment platforms should also be mobilised to ensure that quality jobs are created and workers are equipped with skills needed for the Union's transition towards a sustainable growth model.
Amendment 177 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 5 a (new)
The Europe 2020 headline target on education, on the basis of which Member States set their national targets, taking into account their relative starting positions and national circumstances, is to reduce drop-out rates to less than 10 %, and increase the share of 30-34 year-olds having completed tertiary or equivalent education to at least 40 %.
Amendment 179 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 1
Member States should reduce labour market segmentation. Employment protection rules and institutions should provide a suitable environment for recruitment while offering adequate levels of protection to those in employment and those seeking employment or employed on temporary, part-time or atypical contracts or independent work contracts. Quality employment should be ensured for all in terms of socio-economic security, education and training opportunities, working conditions (including health and safety), adequate wages and work-life balance. Upward convergence in working conditions should be promoted across the Union.
Amendment 188 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 1 a (new)
New forms of work organisation should be encouraged in order to make the best use of people's skills, foster their lifelong development and encourage employee- driven innovation.
Amendment 190 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 2
Member States should closely involve National Parliaments and, social partners and civil society organisations in the design and implementation of relevant reforms and policies, in line with national practices, while supporting the improvement of the functioning and effectiveness of social dialogue at national level.
Amendment 197 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 3
The Union and Member States should ensure basic standards of quality of active labour market policies. Member States should strengthen active labour market policies by increasing their targeting, outreach, coverage and interplay with passive measures. These policies should aim at improving labour market matching and support sustainable transitions on the labour market, with public employment services delivering individualised support and implementing performance measurement systems. Member States should also ensure that their social protection systems effectively activate and enable those who can participate in the labour market, protect those (temporarily) excluded from the labour markets and/or unable to participate in it, and prepare individuals for potential risks, by investing in human capital Member States should promote inclusive labour markets open to all and also put in place effective anti- discrimination measures.
Amendment 208 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 4
Mobility of workers should be ensured as a fundamental right and a matter of free choice with an aim of exploiting the full potential of the European labour market, including by enhancing the portability of pensions and social security, and the recognition of qualifications. Member States should at the same time guard against abuses of the existing rules. Investment in regions experiencing labour outflows should be promoted to mitigate brain drain and encourage mobile workers to return.
Amendment 216 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 1
The Union and Member States should modernisensure basic standards of social protection. Member States should improve their social protection systems to provide effective, efficient, and adequate protection throughout all stages of an individual’s life, ensuring universal access, fairness and addressing inequalities. There is a need for simplified and better targetilored social policies complemented by, including on affordable quality childcare and education, training and job assistance, housing support and accessible health care, access to basicother services such as bank account and Internet and for action to prevent early school leaving and fight poverty and social exclusion. Child poverty, in particular, must be decisively tackled.
Amendment 224 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 2
For that purpose a variety of instruments should be used in a complementary manner, including labour activation enabling services and income support, targetbased on active inclusion strategies combining adequate minimum income, inclusive labour markets and high quality services tailored ato individual needs. Social protection systems should be designed in a way that facilitate take up of all persons entitled, support investment in human capital, and help prevent, reduce and protect against poverty and social exclusion.
Amendment 241 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 4
Member States should improve the accessiquality, accessibility, affordability, efficiency and effectiveness of healthcare and long term care systems, while safeguarding fiscal sustainability.
Amendment 36 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The placing on the market of seal products shall also be allowed provided that all the following conditions are satisfied: (a) the person placing the seal products on the market can provide evidence that the seal products would otherwise be discarded; (b) the nature and quantity of seal production provided by the hunter indicate that trading opportunities of seal material are occasional, small scale and that such trading has been conducted for a non-commercial purpose; (c) the seal products result from hunts conducted on seal populations with favourable conservation status; (d) the seal products result from hunts that have been conducted in a way that respects animal welfare.
Amendment 83 #
2014/2254(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, the rule of law is the backbone of European liberal democracy, and is one of the founding principles of the European Union stemming from the common constitutional traditions of all Member States;
Amendment 86 #
2014/2254(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas respecting the rule of law is a prerequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligations deriving from the Treaties and from international law.
Amendment 92 #
2014/2254(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems, hence it is of vital importance to establishing an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU) requires the EU and each Member State to uphold fundamental rights in full;
Amendment 137 #
2014/2254(INI)
Motion for a resolution
Recital G
Recital G
G. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; such as the violations of the right to freedom of assembly and expression of civil society organisations, freedom of media, the institutional discrimination of LGBTI persons through marriage bans and anti- propaganda legislation, and the remaining high-levels of discrimination and hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 143 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas specific human rights guidelines have been developed in external policies of the EU, this has not been the case in its internal policies, which could lead to allegations of double standards;
Amendment 168 #
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, public policies and their implementation;
Amendment 200 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) make provision for an annual policy cycle that monitors its application, taking account of the results of annual and specific reports from the various parties involved, instituinstitutions of the European Union, like the Commission and FRA, the Council of Europe, the United Nationals and otherwisecivil society organisations, and contribute towards improving coordination between those involved and the drafting of policies on the basis of greater transparency and dialogue;
Amendment 203 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a a (new)
Paragraph 4 – point a a (new)
(aa) ensure that the annual policy cycle is based on the compliance with the rule of law as it is a pre-requisite for the protection of fundamental rights
Amendment 219 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) develop, in cooperation with the FRA, a database that collates and publishes data onbe based on a system of annual country assessment, developed by the Commission and the Council, on the compliance with the rule of law and the situation regardingof fundamental rights in the EU and in individual Member States; reiterates, iall Member States of the European Union, based on data of FRA, Council of Europe and its Venice Commission and NGOs. In that connection, the need for the Commission to propose a revision of the FRA Regulation is essential in order to grant the FRA wider powers; in particular in relation to the situation assessment in each Member States and the possibility of the FRA auto-referral as part of an alert mechanism;
Amendment 224 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
(d) bproadenvide clear indicators in order to assess the enforcement and respect of fundamental rights, and to trigger alert mechanisms in the case of violations. Such indicators could take the form of a fundamental rights scoreboard, possibly as an extension of the scope of the EU Justice Scoreboard t, which should also cover the assessment of criminal justice systems and of efforts to uphold fundamental rights and the rule of law; indicators should include clear data collection mechanisms, including equality data collection disaggregated according to the different discrimination grounds;
Amendment 241 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law is a good tool under the current legal framework provided by the Treaties; considers, however, that the proposed mechanism willmay not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;
Amendment 251 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
(a) making it part of the internal strategy on fundamental rights, as rule of law is a pre-requisite for the protection of fundamental rights in the European Union and its Member States;
Amendment 252 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point a a (new)
Paragraph 6 – point a a (new)
(aa) finding a way to make better use of the expertise of the Council of Europe and setting up a formal channel of cooperation in matters relating to the rule of law and fundamental rights;
Amendment 257 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
(b) clearly definifying the criteria for its application and ensuring that it is implemented swiftly without waiting for fundamental rights violations to materialise and considering setting up these criteria in a manner that any breach could automatically trigger the mechanism;
Amendment 270 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) ensuring that Article 7 TEU is implemented automatically by which the possibility of applying double standards can be fully avoided; defining the criteria for "clear risk of breach" and "serious and persistent breach" building inter alia on the case law of European Court of Justice and the European Court of Human Rights, should such a mechanism fail, and that the possibility of imposing further penalties in keeping with European law is considered;
Amendment 277 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the fact that the Council will hold debates on the rule of law; considers, however, that such debates are not the most effective ways to resolve any non-compliance with the fundamental values of the European Union; regrets the fact that it is neither informed nor involved into the organisation of these debates; calls on the Council to base its debates on the results of annual and specific reports of the European Commission, the European Parliament, the civil society, the Council of Europe and its Venice Commission and other parties involved, institutional and otherwise;
Amendment 279 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Council to push for a more ambitious plan on the rule of law framework that enables the various European institutions to monitor and safeguard Member States' compliance with the rule of law; either in form of a Treaty change, allowing the fundamental values enshrined in Article 2 to be monitored and safeguarded beyond the areas covered by EU law, or in form of a peer review, with the involvement of the European institutions and possibly the Council of Europe and its Venice Commission; considers that such ambitious plan should also foresee a more important role for the European Court of Justice that is not limited to procedural guarantees;
Amendment 281 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Council to find a common ground on the precise content of the principles and standards stemming from the rule of law that vary at national level and to consider the already existing definition of the rule of law of the European Court of Justice, as a starting point for debate, that include legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law;
Amendment 338 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deplores incidents of hate speech and hate crime motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity, which occur in the EU on a daily basis; calls on Member States to protect fundamental rights and to promote tolerance;
Amendment 354 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the EU and the Member States to mainstream social inclusion and non- discrimination measures in future internal security strategies;
Amendment 418 #
2014/2254(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the EU and Member States to include multiple discrimination within equality policies;
Amendment 440 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat the Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled, andprinciple of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritization of this Directive by the European Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 444 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled,principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this Directive by the European Commission; and reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 449 #
2014/2254(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the European Commission and the Council to acknowledge the need for reliable and comparable equality data to measure discrimination, disaggregated according to discrimination grounds, in order to inform policy-making, evaluate the implementation of EU anti- discrimination legislation, and better enforce it; calls on both institutions to define consistent equality data collection principles, based on self-identification, EU data protection standards and the consultation of the relevant communities;
Amendment 481 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Denounces the persistent and widespread discrimination against Roma in all EU Member States as the root cause of the deprived living conditions and socio-economic exclusion in which many of them still live today; urges the European Commission to take action against those Member States that promote or allow institutionalised discrimination and segregation, especially in education and housing; calls the Commission to mainstream the monitoring of discrimination practices in all areas, especially education, employment, housing and healthcare;
Amendment 514 #
2014/2254(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Condemns all forms of discrimination and violence on EU territory against lesbian, gay, transsexualgender, bisexual and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of these persons; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Commission to issue an action plan or strategy against homophobia and for equality on grounds of sexual orientation and gender identity by the end of this year, as repeatedly called for by Parliament and as promised by Commissioner Jourova in the process of the Commission hearings;
Amendment 523 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 548 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Member States to collect equality data according to current data protection standards, in consultation with minority representatives, in order to measure inequalities, monitor the impact of EU and Member States policies on them and devise better policies to overcome those inequalities; calls the Commission to address a recommendation to the Member States in order to support equality data collection in the EU;
Amendment 572 #
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; calls for a review of the framework decision on racism and xenophobiaEuropean legislation against hate speech and hate crime expanding it to the grounds of religion, disability, sexual orientation and gender identity; in order to fully cover all forms of hate crimes and crimes committed with a bias or discriminatory motive related to the victims’ personal characteristics, and to clearly define consistent investigation and prosecution standards;
Amendment 683 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on EU institutions to put solidarity and a human rights based approach at the heart of the EU migration policies. Calls on the EU institutions to guarantee that sufficient resources are made available to implement a search and rescue operation in the Mediterranean and promote legal and safe routes for people fleeing wars and seeking for international protection;
Amendment 718 #
2014/2254(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to monitor closely the implementation of Directive 2013/32/EU on Asylum Qualification, with particular attention to those asylum seekers with special needs;
Amendment 770 #
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 for the associated conditions; stresses that the EU institutions are always under an obligation to observe the Charter, even when acting outside the framework of EU law, thus, under no circumstances obligations imposed to Member States by the economic adjustment programmes should lead to restrictions and violations of fundamental rights guaranteed in the EU Charter;
Amendment 780 #
2014/2254(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU institutions to look into the impact on fundamental rights of the measures proposed or implemented to deal with the crisis and to take remedial action immediately; ensure, empower and promote the involvement of civil society organization in monitoring applications of fundamental rights in Member States and designing and implementing remedial actions;
Amendment 782 #
2014/2254(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the EU institutions and on the Member States to recognise that long- term investment in social inclusion is beneficial as it tackles the high cost of discrimination and inequality; calls on EU institutions and the Member States to ensure that access to justice and redressing discrimination are not put in danger by drastic funding cuts in equality bodies budgets; calls on EU and national institutions not to threaten social inclusion by budgetary measures threatening the survival of community- based organisations working for equality;
Amendment 790 #
2014/2254(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU institutions, when adopting and implementing austerity measures, to further strengthen the role of the European Union in the protection and promotion of economic, social and cultural rights and to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of economicthis aim, especially when adopting and implementing austerity measures; this should also possibly include the extension of the social rights in the EU Charter to other social rights mentioned in the revised Social Charter of the Council of Europe such as the right to work, the right to fair remuneration, the right to be protected from poverty and social rightsexclusion;
Amendment 839 #
2014/2254(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption represents a serious fundamental rights violation; calls on the Member States and institutions to devise effective instruments for combating and sanctioning corruption and to monitor regularly the use of public funds, be they European or national;
Amendment 893 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation ‘Investing in children: breaking the cycle of disadvantage’ through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children’s participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 3 #
2014/2237(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 4 June 2013 on the Commission Communication 'Towards Social Investment for Growth and Cohesion – including implementing the European Social Fund 2014-2020'1 b , __________________ 1b Texts adopted, P7_TA(2013)0266.
Amendment 5 #
2014/2237(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to its resolution of 8 March 2011 on reducing health inequalities in the EU1 c , __________________ 1c OJ C 199E , 7.7.2012, p. 25.
Amendment 7 #
2014/2237(INI)
Motion for a resolution
Citation 20
Citation 20
— having regard to the Save the Children (2014) report ‘Child poverty and social exclusion in Europe', Brussels, 2014, p. 5,
Amendment 8 #
2014/2237(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
Amendment 11 #
2014/2237(INI)
Motion for a resolution
Recital –A a (new)
Recital –A a (new)
-Aa. Whereas greater political visibility should be given to fighting child poverty at the highest EU political level, if EU is to meet Europe 2020 strategy targets to reduce poverty by at least 20 million people by 2020;
Amendment 13 #
2014/2237(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. Whereas the majority of Member States so far have given little attention on using EU Structural Funds to fight the alarming and still growing rates of poverty among children in Europe as well as promote their social inclusion and general well-being;
Amendment 17 #
2014/2237(INI)
Motion for a resolution
Recital A
Recital A
A. Whereas increased social inequalities lead to increased child poverty, children being the age group at greatest risk of poverty in 19 Member States of the EU, social inequalities reproduce disadvantage across generations and data indicate that the gap between rich and poor has increased throughout the EU, including in countries with higher GDP;
Amendment 21 #
2014/2237(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas according to Eurostat the main factors affecting child poverty are labour market situation of the parents, which is linked to their level of education, the composition of the household in which the children live and the effectiveness of the government intervention through income support and the provision of enabling services;
Amendment 23 #
2014/2237(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas the European Parliament has repeatedly reiterated its call for the implementation of the Social Investment Package (SIP), and endorses the European Commission Recommendation Investing in Children Breaking the Cycle of Disadvantage which proposes a comprehensive policy framework for tackling child poverty and promoting child well-being based on three pillars of access to adequate resources; access to quality and inclusive services; and children's participation;
Amendment 38 #
2014/2237(INI)
Motion for a resolution
Recital D
Recital D
D. Whereas it is alarming that in countries such as Estonia, Greece and Italy,some Member States the percentage of children whothat cannot afford to eat meat, chicken or fish two days running has doubled since 2008;
Amendment 46 #
2014/2237(INI)
Motion for a resolution
Recital E
Recital E
E. Whereas organisations point out that the main cause of increasing child poverty is the so-called austerity measures (a significant reduction of social support to children and families, rising unemployment, the spread of precarious employment and an increase in the tax burden),; UNICEF states that budget cuts, particularly in the Mediterranean countries, have increased inequalities and helpedave worsened the living conditions of children10 so, and that these policies violate the rights of children and constitute a violation of international obligations under the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights; __________________ 10 UNICEF Office of Research (2014), ‘Children of the Recession: The impact of the economic crisis on child well-being in rich countries’, Innocenti Report Card 12, UNICEF Office of Research, Florence
Amendment 57 #
2014/2237(INI)
Motion for a resolution
Recital F
Recital F
F. Whereas single-parent families, especially families headed by single mothers, are at greater risk of poverty or social exclusion (49.8% compared to 25.2%), which is due to the feminisation of poverty, women's overrepresentation in precarious work and as involuntary part- time workers and wage discrimination between men and women;
Amendment 63 #
2014/2237(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. Whereas large families with a single income are more at risk of poverty and social exclusion, which is due to degrading wage policies and social protection systems as a consequence of the financial and economic crisis;
Amendment 79 #
2014/2237(INI)
Motion for a resolution
Recital H
Recital H
H. Whereas there remain financial, administrative and other practical barriers to education for marginalised groups of children; and whereas spending on education expenses, especially as regards school materials and transportation expenses, is essentially borne by households in most countries;
Amendment 89 #
2014/2237(INI)
Motion for a resolution
Recital I
Recital I
I. Whereas, even in countries where the right to health and healthcare is enshrined in law, there are many children who do not have access to a family doctor or dentistdequate healthcare, and some children that have extremely limited access to services beyond emergency care;
Amendment 101 #
2014/2237(INI)
Motion for a resolution
Recital J
Recital J
J. Whereas all children have the right to be protected from abuse, violence and neglect and that research has concluded that financial pressures within families and, cuts in public services put children at greater risk and that so-calleand austerity measures are leading to greater violence against children;
Amendment 118 #
Amendment 120 #
2014/2237(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a Calls on the Commission to set a Europe 2020 sub-target on reducing child poverty and social exclusion and to make the reduction of child poverty and social exclusion visible and explicit in all states of the European Semester; also calls on the Commission to include a specific section with the binding target in each Annual Growth Survey on fighting child poverty and promoting their wellbeing;
Amendment 122 #
2014/2237(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Calls on the Member States to effectively integrate relevant aspects of Social Investment Package and Commission Recommendation 'Investing in children: breaking the cycle of disadvantage' in their annual National Reform Programmes and National Social Reports in a comprehensive way; calls on the Commission to ensure annual monitoring and reporting by Member States on the implementation of the Commission Recommendation;
Amendment 123 #
2014/2237(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Calls on the Member States to make full use of the available EU Structural Funds by ensuring access for all children to sufficient resources that would enable their adequate living standard and affordable quality services, in order to break the cycle of disadvantage early in life;
Amendment 129 #
2014/2237(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recommends that Member States increase the quantity, amounts, scope and effectiveness of the social support specifically direcCalls on the Commission and Member States to develop policies to fight child poverty that focus on correcting the main factors affecting child poverty: improving the labour market situation of the parents and strengthening the government intervention through income support and the provision of enabling services; also urges Member Stateds to children, but also to parents (such as unemploymentprovide for adequate living standards that are compatible with a life in dignity through a combination of benefits) and to promote labour laws that guarantee social rights and security toensuring the quantity, scope and effectiveness of the social support specifically directed to children and their families, and to fight precarious employment, in-work poverty and involuntary part-time jobs;
Amendment 149 #
2014/2237(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends that Member States implement or enhance universal welfare benefits targeting children as an intrinsic right of the child; underlines that universal solutions should be coupled with targeted interventions to support the most vulnerable and marginalised groups of children and adolescents;
Amendment 164 #
2014/2237(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to refrain from recommending reformulations and cuts in the public services of Member States, from promoting flexible labour relations and the privatisation of public services, which have led unequivocally to the weakening of the social rights of children; and to take the impact on children of measures into account when proposing country-specific recommendations within the European Semester;
Amendment 177 #
2014/2237(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges Member States to adopt, implement and monitor plans for alleviating multi-dimensional child poverty, putting the focus on the intrinsic rights of children, and setting targets for reducing child poverty and child social exclusion;
Amendment 190 #
2014/2237(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the European Commission and the European Parliament to take the opportunity provided by the Europe 2020 mid-term review of the multiannual financial framework to increase the appropriations from the European Social Fund and the Food Aid Program for the most deprived groups and to check if children are a priority in the programming and implementation of regional and cohesion policies, as well as to create indicators to analyse child poverty;
Amendment 195 #
2014/2237(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Commission and the Member States to consider if food-based strategies such as dietary diversification and food fortification, as well as nutrition education, public health and food safety measures, and finally supplementation, need to be addressed for particular groups of population in order to prevent the negative effects of malnutrition or undernutrition on the health of children;
Amendment 202 #
2014/2237(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recommends that Member States' national budgets contain visible andlaws and policies are translated into transparent, provisions for costsarticipatory and accountable national budgets, allocations and spending to combat child poverty and to fulfil their duty to protect childrenmote, protect, and realise children's rights;
Amendment 205 #
2014/2237(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to include a specific and binding indicator on children at risk of poverty or social exclusion in the social dimension of the Economic and Monetary Union;
Amendment 212 #
2014/2237(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on Member States to introducemplement legislation to protect or increase maternity and paternity rights; and to safeguard the return to work for women after pregnancy and maternity leave; on this regard, strongly opposes the Commission´s intention to withdraw the Maternity Leave Directive and calls on the Council to engage proactively with the Parliament and Commission in order to unblock the Maternity Leave Directive; stresses furthermore that reinforcing legislation on paternity leave which gives an important boost to combat gender and pay discrimination in work;
Amendment 222 #
2014/2237(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. RecommendsCalls on thate Member States to develop proactive and integrated social policies that prevent poverty and the departureremoval of children from their family environment, ensuring that it is not through poverty that children are institutionalised;
Amendment 230 #
2014/2237(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recommends that Member States develop and implement integrated child protection systems to protect children against violence, abuse, exploitation and neglect in a way in which all duty-bearers and system components work together across sectors and agencies sharing responsibilities to form a protective and empowering environment for all children;
Amendment 233 #
2014/2237(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on EU institutions, EU Agencies, Member State authorities and other stakeholders to develop clear roles, responsibilities, regular dialogue and procedures when children are in need of protection in cross-border situations;
Amendment 239 #
2014/2237(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. RecommendsCall on thate Member States to guarantee all children access to free, inclusive, quality public education atfor all ages, including early childhood, and establish appropriate teacher-student ratios to reduce educational poverty, including early childhood education and care, formal and non-formal education; promoting their emotional, social, cognitive and physical development, and establish appropriate teacher-student ratios in order to ensure that all children can benefit from inclusive high quality education and therefore maximise the education systems' impact on equal opportunities and breaking the cycle of poverty;
Amendment 246 #
2014/2237(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Member States to pay particular attention to developing affordable and accessible early childhood education and care (ECEC), regarding it as a social investment to address inequality and challenges particularly faced by children from disadvantaged families; also raise parents' awareness of the benefits of active participation in ECEC programmes;
Amendment 255 #
2014/2237(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. RecommendsCalls on thate Member States provide free school materials andto ensure that all children, irrespectively of the financial situation of the family have access to compulsory school materials and access to the necessary school transportation during school hours;
Amendment 264 #
2014/2237(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges Member States to guarantee universal, public, free and quality health care with regard to prevention and primary care, access to diagnosis, treatment and rehabilitation, for all; guaranteeing women the right to sexual and reproductive health by ensuring health care for babies, maternity care in the pre- and post-natal care period, particularly in the case of premature birth, as well as access to family doctors, dentists, family counselling services and mental health specialists for all children, andfamilies; calls on the Member States and the Commission to integrate these aspects into national and the EU public health strategies;
Amendment 274 #
2014/2237(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends that Member States provide the necessary support to ensure the right to culture, sport and leisure for all children, with a focus on children in poverty, children in remote and disadvantaged areas, children with disabilities, and migrantschildren from a minority background and migrants, Roma children, children moving within the EU regardless their nationality, and children left behind;
Amendment 277 #
2014/2237(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recommends that Member States put in place mechanisms that promote and ensure children's participation in decision making that affects their lives; and enable and encourage children to express informed views, ensuring that those views are given due weight and are reflected in the main decisions affecting them;
Amendment 282 #
2014/2237(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on Member States, particularly those where social inequalities are greater, to strengthen social rights that the state must guarantee, increasing the number of employees and technicianprofessionals working with and for children and their families in social security services, and increasing the medical, psychological and social care of children;
Amendment 288 #
2014/2237(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to monitor the implementation of its Recommendation entitled 'Investing in Children: breaking the cycle of disadvantage' in the Member States through the design of a Roadmap; calls on Member States to use EU funding and all other available instruments to implement the Commission Recommendation;
Amendment 293 #
2014/2237(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls on the Commission and the Member States to introduce a child guarantee so that every child in poverty can have access to free healthcare, free education, free childcare, decent housing and adequate nutrition and calls on the Commission and the Member States to create a specific fund to develop the European Child Guarantee;
Amendment 295 #
2014/2237(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls on the Commission and Member States to create a European integrated plan to combat child poverty including both the Child Guarantee and programmes offering support and opportunities for the parents to come out of social exclusion situations and integrate the labour market;
Amendment 297 #
2014/2237(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Stresses the need to systematically assess the impact of policy measures, including macroeconomic ones on children, and recommends the Commission to call on Member States to carry out ex-ante and ex-post impact assessments of such measures to ensure that they do not negatively impact on children's rights and well-being;
Amendment 302 #
2014/2237(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recommends thatCalls the Commission and Member States to develop statistical methods that integrate multidimensional indicators in measuring poverty, social exclusion, inequalities and discrimination and to take into account the limitations of relative poverty measurements and the work of the UNDP, UNICEF and the OECD, and the Indicators Sub-Group of the Social Protection Committee, going beyond the AROPE indicator; further indicators should be developed to assess better the quality of services, outcomes and access to services, e.g. in relation to the socio- economic status and background of parents (migrant or minority), gender, disability and geographical aspects;
Amendment 309 #
2014/2237(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Invites the European Economic and Social Committee and the Committee of the Regions to draft opinions on investing in children;
Amendment 21 #
2014/2228(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas Article XIV of the General Agreement on Trade and Services (GATS) clearly refers to privacy and data protection as an exception which cannot be considered a trade barrier; whereas, in application to that article, EU data protection legislation cannot be deemed an 'arbitrary or unjustifiable discrimination';
Amendment 28 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the agreement should guarantee full respect for EU fundamental rights standards through the inclusion of a human rights clause as a standard part of EU trade agreements with third countriesDefends the inclusion of a strong human rights clause in the agreement, that shall be legally binding and suspensive in order to guarantee full respect for EU fundamental rights standards ;
Amendment 38 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls its resolution of 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs1 ; recalls that the consent of the European Parliament to the final TTIP agreement could be endangered as long as the blanket mass surveillance activities are not completely abandonprohibited and an adequate solution is found for the data privacy rights of EU citizens, including administrative and judicial redress; __________________ 1 Texts adopted, P7_TA(2014)0230.
Amendment 49 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that Article XIV of the General Agreement on Trade and Services (GATS) clearly refers to privacy and data protection as an exception which cannot be considered a trade barrier; stresses that EU data protection legislation cannot be deemed an ‘arbitrary or unjustifiable discrimination’ in the application of Article XIV of the GATS; stresses that a comprehensive and unambiguous horizontal clause that fully exempts EU rules on the protection of personal data from the agreement should be incorporated, without any condition that it must be consistent with other parts of the TTIP;
Amendment 51 #
2014/2228(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recommends that the Commission takes immediate action to incorporate in the agreement a comprehensive and unambiguous horizontal clause that fully exempts EU rules on the protection of personal data from the agreement, with a reference to Article XIV of the GATS, and without any condition that it must be legally binding and consistent with all chapters of the TTIP;
Amendment 57 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are respected; recalls that the Commission can only negotiate on provisions which touching upon the flow of personal data provided that the full application of EU data protection rules is guaranteedy neither undermine nor contradict EU data protection rules and safeguards for the transfer of personal data to third countries; is seriously concerned about the TiSA draft text, which would completely undermine all EU rules and safeguards for the transfer of personal data to third countriesin this regard;
Amendment 25 #
2014/2210(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas a common European definition of family business is necessary not only to improve the quality of statistical data collection on the sector's performance, but also as a means for policy-makers to better address the needs of family businesses and society;
Amendment 30 #
2014/2210(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the size of a family company should be a central element to be taken into account in the definition of a family business;
Amendment 32 #
2014/2210(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the family business model is unevenly spread across the EU Member States; whereas a significant share of family businesses in Europe have a transnational dimension and carry out their activities in different Member States;
Amendment 54 #
2014/2210(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that the size of a family company should be a central element to be taken into account in the definition of a family business, given the fact that a one-size-fits-all regulatory approach is not capable to sufficiently address the diverse needs of family businesses and society, in particular with regards to taxation, access to finance and corporate governance and responsibility;
Amendment 66 #
2014/2210(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes with concern that the financial crisis and subsequent recession have dealt a heavy blow to European SMEs, many of which are family businesses, and highlights the importance of a decisive EU intervention to relaunch economic growth by creating high-quality jobs and a favourable regulatory framework to support healthy restructuring and thus job retention;
Amendment 104 #
2014/2210(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to actively promote and to disseminate information on the family business model throughout the EU, for example by establishing a family business contact point at the European Commission and by favouring the transfer of know-hows and best practices across the Member States, and by also making the best use of programmes such as the 'Erasmus for Young Entrepreneurs';
Amendment 1 #
2014/2160(INI)
Draft opinion
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the main challenge for all EU countries is the correct application and enforcement of the rules on equal pay, as established by Directive 2006/54/EC,
Amendment 4 #
2014/2160(INI)
Draft opinion
Recital -A d (new)
Recital -A d (new)
- Ad. whereas lack of transparency in employee wage structure creates an environment for gender bias and discriminatory pay structures to remain unrevealed by employees and/or their representatives and extremely difficult to prove thus hampering the effective implementation of the equal pay for equal work principle,
Amendment 5 #
2014/2160(INI)
Draft opinion
Recital -A e (new)
Recital -A e (new)
-Ae. whereas in most Member States national laws do not define in any way the concepts of 'work of equal value' and 'same work', therefore leaving it to interpretation of national courts on a case-by-case basis, thus contributing greatly to the lack of legal certainty for potential victims of pay discrimination, despite the references given by the Court of Justice of the EU in order to ensure legal certainty,
Amendment 24 #
2014/2160(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to actively implement the Commission Recommendation on strengthening the principle of equal pay between men and women through transparency1 , by introducing recommended and tailor-made wage transparency measures and gender- neutral job evaluation and classification systems;, in particular company reporting and employee's entitlement to request pay information __________________ 1 C(2014)1405.
Amendment 50 #
2014/2160(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance to combat indirect discrimination within pension schemes, not only in occupational schemes but also within practices of statuary pension schemes;
Amendment 63 #
2014/2160(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Member States and the Commission to widespread and raise public awareness related to equal pay, the gender pay and pension gap, on direct and indirect discrimination of women at work on European, national, regional and local levels; calls on the Commission to establish a European year for combating gender pay gap;
Amendment 60 #
2014/0285(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 160 #
2014/0285(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point f
Article 9 – paragraph 3 – point f
Amendment 195 #
2014/0285(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 21 #
2014/0185(COD)
Proposal for a decision
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The interim evaluation and final evaluation of the ISA2 Programme shall include a separate analysis of compliance with data protection rules in all actions and interoperability solutions that require the processing of personal data.
Amendment 56 #
2011/0023(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and seriouscertain types of serious transnational crime
Amendment 70 #
2011/0023(COD)
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessarycan help to effectively prevent, detect, investigate and prosecute terrorist offences and seriouscertain types of serious transnational crime and thus enhance internal security.
Amendment 96 #
2011/0023(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The processing of personal data must be proportionate and necessary to the specific security goal pursued by this Directive.
Amendment 108 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious transnational 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, including chartered flights, as well as other commercial operators or non-commercial flight operators, operating private flights, and privately freighted flights.
Amendment 110 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and seriouscertain types of serious transnational 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.
Amendment 114 #
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 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. For charter, private and freighted flights, PNR data should also be collected and transferred to the Passenger Information Unit of the relevant Member State.
Amendment 124 #
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 of 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 onthe offences defined under national law and should include the travelling for the Epuropean 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 this directive 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 Conpose of perpetrating, planning, preparing, providing or receiving training for terrorism, in accordance with United Nations Security Council resolution 2178 and Additional Protocol on the Council of Europe Convention on the Prevention onf Transnational Organised Crimeerrorism. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 126 #
2011/0023(COD)
Proposal for a directive
Recital 13
Recital 13
(13) PNR data should be transferred to a single designated unit (Passenger Information Unit) in the relevant Member State, so as to ensure clarity and reduce costs to air carriers and other commercial operators or non-commercial flight operators.
Amendment 137 #
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 seriouscertain types of serious transnational 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 lists should not contain any sensitive personal data that could revealrevealing a person's raciale or ethnic origin, political opinions, religiousn or philosophical beliefs, sexual orientation or gender identity, trade union membership orand activities, and the processing of biometric data or of 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 141 #
2011/0023(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The Commission supports the International Civil Aviation Organisation (ICAO) guidelines on PNR. These guidelines should thus be the basis for adopting the supported data formats for transfers of PNR data by air carriers and other commercial operators or non- commercial flight operators to Member States. This justifies that such supported data formats, as well as the relevant protocols applicable to the transfer of data from air carriers and other commercial operators or non-commercial flight operators should be adopted in accordance with the advisory procedure foreseen in Regulation (EU) No….. of the European Parliament and the Council [……………..]
Amendment 144 #
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 other commercial operators or non- commercial flight 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 other commercial operators or non-commercial flight 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 148 #
2011/0023(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State should be responsible for assessing the potential threats related to terrorist offences and seriouscertain types of serious transnational crime.
Amendment 155 #
2011/0023(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Moreover, no such decision should be taken by reason of a person’'s race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinion, trade union membership,sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning health or sexual life.
Amendment 160 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States the PNR data that they receive where such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or certain types of serious crime. 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. __________________ 39 40OJ L 121, 15.5.2009, p. 37. OJ L 121, 15.5.2009, p. 37. 40 OJ L 386, 29.12.2006, p. 89. OJ L 386, 29.12.2006, p. 89.
Amendment 201 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 213 #
2011/0023(COD)
Proposal for a directive
Recital 31
Recital 31
(31) This Directive respects the fundamental rights and the principles of the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data, the right to privacy and the right to non-discrimination as protected by Articles 8, 7 and 21 of the Charter and has to be implemented accordingly. The Directive is compatible with data protection principles and its provisions are in line with the Framework Decision 2008/977/JHA. Furthermore, and in order to comply with the proportionality principle, the Directive, on specific issues, will have stricter rules on data protection than the Framework Decision 2008/977/JHA.
Amendment 229 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides conditions for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member States, as well as the processiflights between the Union and third countries, as well as the use, retention and exchange of that data, including its collection, use and retention by the Member States and its exchange between them by Member States.
Amendment 233 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall not apply to flights within the territory of the Union or the means of transport other than airplanes.
Amendment 234 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
1b. The PNR data that is collected pursuant to this Directive may not be used for border control purposes.
Amendment 241 #
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) The 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). deleted deleted
Amendment 242 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The 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 crimecertain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
Amendment 249 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) 'other commercial operator' means an undertaking, company or tour operator that may operate charter flights or book a number of seats on an airplane;
Amendment 250 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) 'other non-commercial flight operator' means a private undertaking that may operate private planes or privately freighted flights;
Amendment 251 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ’'international flight’' means any scheduled or non-scheduled flight by an air carrier or other commercial operator or a non-commercial flight operator planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer orchartered flights, private planes, privately freighted flights, as well as transit flights;
Amendment 269 #
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 defined under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA, including the act of travelling for the purpose of perpetrating, planning, preparing, providing or receiving training for terrorism, in accordance with United Nations Security Council resolution 2178 (2014) and Additional Protocol on the Council of Europe Convention on the Prevention of Terrorism;
Amendment 284 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and if : , provided that they are committed in more than one state, or that they are committed in one state but a substantial part of their preparation, planning, direction or control takes place in another state, or that they are committed in one state but involve an organised criminal group that engages in criminal activities in more than one state, or they are committed in one state but have substantial effects in another state: - participation in a criminal organization, - trafficking in human beings, - sexual exploitation of children and child pornography, - trafficking in drugs, -trafficking in weapons, munitions and explosives, - illicit trade in human organs and tissue - cyber /computer related crimes - crimes within the jurisdiction of the International Criminal Court Member States may exclude those offences, which, under their national legal order, are punishable by a custodial sentence or a detention order for a maximum period inferior to three years
Amendment 306 #
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 seriouscertain types of serious transnational crime or a branch of such an authority to act as its ‘'Passenger Information Unit’' responsible for conducting risk assessments in accordance with Article 4 as well as collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authorities.
Amendment 309 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Passenger Information Unit is responsible for the exchange of PNR data or the results of the processing of such data with the Passenger Information Units of other Member States in accordance with Article 7, as well as inserting the alerts to the Schengen Information System in accordance with Article 7(1).
Amendment 315 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. All members of the Passenger Information Unit who have access to PNR data shall have had received specifically tailored training on processing of PNR data in full compliance with data protection principles and fundamental rights.
Amendment 317 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. The activities specified for in Article 9a(new)(4) shall only be carried out by specifically designated personnel of the Passenger Information Unit.
Amendment 329 #
2011/0023(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 331 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer (‘push’) all PNR data of all passengers arriving or departing from that Member state in an anonymised format; (b) transfer (‘push’) specific PNR data of an individual linked to a name, contact detail or payment method linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime; (c) transfer (‘push’) PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime are travelling on those flights.
Amendment 340 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 342 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. A request pursuant to subparagraphs 1 (b) and (c) shall be subject to prior authorisation by a judicial authority and subject to a quarterly judicial review. The specification referred to in subparagraph 1 (c) may be temporal, geographical or both.
Amendment 346 #
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. 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, 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, including against data stored by Europol, 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 361 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) 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 seriousa type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Unionnational 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 filesdata bases. In carrying out such an assessment the Passenger Information Unit may compare PNR data against the Schengen Information System and the Visa Information System. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action; and
Amendment 363 #
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, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigationin accordance with Article 4a (new) and pfrosecution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; andm Passenger Information Units from other Member States in accordance with Article 7.
Amendment 374 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 377 #
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. These assessment criteria must be targeted, specific, justified, proportionate and fact- based. 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 and regularly reviewed. The regular review shall involve the Data Protection Officer and ensure that the assessment criteria remain targeted, specific, justified, proportionate and fact-based. The assessment criteria shall in no circumstances be based on data revealing a person’'s race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinion, trade union membership, health or sexual life. sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning, health or sex life. The assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria.
Amendment 397 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Data Protection Officer shall have access to all data transmitted to the Passenger Information Unit and from the Passenger Information Unit to a competent authority pursuant to Article 5. If the Data Protection Officer considers that transmission of any data was not lawful, he/she shall refer the matter to the Supervisory Authority, who shall have the power to order the receiving competent authority to erase the data.
Amendment 400 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
Amendment 401 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 c (new)
Article 4 – paragraph 4 c (new)
4c. Member States shall bear the costs of use, retention and exchange of PNR data.
Amendment 406 #
2011/0023(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 412 #
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 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 purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime. In the framework of this Directive, Europol shall be entitled, within its mandate, to request from the Passenger Information Units PNR data or relevant analytical information obtained from PNR data that may be necessary in a specific and duly justified case to prevent, detect, investigate, or prosecute terrorist offences and certain types of serious transnational crime.
Amendment 413 #
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 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 purpose of preventing, detecting, investigating and prosecuting terrorist offences and seriouscertain types of serious transnational crime.
Amendment 421 #
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 seriouscertain types of serious transnational crime.
Amendment 423 #
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 seriouscertain types of serious transnational crime.
Amendment 425 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Each Member State shall notify the list of its competent authorities to the Commission twelve months after the entry into force of this Directive at the latest, and may at any time update its declaration to ensure the list is up-to-date. The Commission shall publish this information, as well as any updates, in the Official Journal of the European Union.
Amendment 426 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Each Member State shall notify the list of its competent authorities to the Commission twelve months after entry into force of this Directive at the latest, and mayshall at any time update its declaration to ensure the list is up-to-date. The Commission shall publish this information, as well as any updates, in the Official Journal of the European Union.
Amendment 431 #
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 the specific terrorist offences or serious crimetype of serious transnational crime for which it was requested.
Amendment 432 #
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 the specific terrorist offences or serious crimetype of serious transnational crime for which it was requested.
Amendment 445 #
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 transfer ('push') anonymised PNR data pursuant to Article 4 (a), to the extent that such data are already collected by them in their normal course of business, to the Passenger Information Unit.
Amendment 451 #
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 transfer ('push') the specific PNR data as defined in Article 2(c) and specified in the Annexpursuant to Article 4 (b) and (c) , to the extent that such data are already collected by them, in their normal course of business to the database of the national Passenger Information Unit of thea 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 that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 455 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 456 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. In the cases of private planes or privately freighted flights, Member States should adopt the necessary measures to ensure that non-commercial flight operators provide PNR data for all passengers
Amendment 459 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers 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 463 #
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 467 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) once immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 472 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States mayshall permit air carriers 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 479 #
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 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 a terrorist offences or seriousa certain type of serious transnational crime.
Amendment 486 #
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 without delay by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessaryrelevant for the prevention, detection, investigation or prosecution of terrorist offences or seriouscertain types of serious transnational crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities. Where appropriate, an alert shall be entered in accordance with Article 36 of the Schengen Information System.
Amendment 494 #
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 strictly 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, if necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements as set out in the Annex, as deemed strictly necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of a terrorist offences or seriousa certain type of serious transnational crime. Passenger Information Units shall provide the requested data as soon as practicable using the common protocols and supported data formats 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).
Amendment 503 #
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 strictly 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 response to a specific threat or a specific investigation or prosecution related to a terrorist offences or serious crimea specific serious transnational crime. Such access to the full PNR data shall be permitted only with the approval of the Head of the Passenger Information Unit the request has been made to.
Amendment 511 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 525 #
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 a terrorist offences or seriousa specific serious transnational crime, 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, should this data have been retained.
Amendment 533 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article mayshall take place using any existing channels for European and international law enforcement cooperation, in particular Europol and national units under Article 8 of Council Decision 2009/371/JHA of 6 April 2009. The language used for the request and the exchange of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 583 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the third country agrees to transfer the data to another third country only where it is necessary for the purposes of this Directive specified in Article 1(2) and only with the express authorisation of the Member State, ensuring the required level of protection of the data and its processing, according to Directive 95/46/EC .
Amendment 618 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 307 days after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 627 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 307 days after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fivetwo years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecutions shall be depersonalised through masking out in accordance with Article 9a (new).
Amendment 637 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 640 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 1
Article 9 – paragraph 2 – subparagraph 2 – indent 1
Amendment 642 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2
Article 9 – paragraph 2 – subparagraph 2 – indent 2
Amendment 650 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Amendment 655 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 4
Article 9 – paragraph 2 – subparagraph 2 – indent 4
Amendment 672 #
2011/0023(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 718 #
2011/0023(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Processing of special categories of data 1. Member States shall prohibit the processing of PNR data revealing race or ethnic origin, political opinions, religion or philosophical beliefs, sexual orientation or gender identity, trade-union membership or activities, and the processing of biometric data or of data concerning health or sex life. 2. In the event that PNR data revealing such information are received by the Passenger Information Unit, they shall be deleted without delay. To that end, upon receipt of PNR data from air carriers, Member States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained.
Amendment 721 #
2011/0023(COD)
Proposal for a directive
Article 11 b (new)
Article 11 b (new)
Article 11b Security of processing Member States shall provide that the Passenger Information Unit implements appropriate technical and organisational measures and procedures to ensure the highest level of security appropriate to the risks represented by the processing and the nature of the PNR data.
Amendment 723 #
2011/0023(COD)
Proposal for a directive
Article 11 c (new)
Article 11 c (new)
Article 11c Notification of a personal data breach to the supervisory authority 1. Member States shall provide that in the case of a personal data breach, the Passenger Information Unit, without undue delay and, where feasible not later than 24 hours, will notify the personal data breach to the supervisory authority. 2. The notification referred to in paragraph 1 shall at least describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned. 3. Member States shall provide that the Passenger Information Unit documents any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose. 4. The supervisory authority shall keep a public register of the types of breaches notified.
Amendment 725 #
2011/0023(COD)
Proposal for a directive
Article 11 d (new)
Article 11 d (new)
Article 11d Communication of a personal data breach to the data subject 1. Member States shall provide that when the personal data breach is likely to adversely affect the protection of the personal data and/or the privacy of the data subject, the Passenger Information Unit shall, after the notification referred to in Article 11c (new), communicate the personal data breach to the data subject without undue delay. 2. The communication of a personal data breach to the data subject shall not be required if the Passenger Information Unit demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the PNR data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it. 3. The communication to the data subject may be delayed or restricted, in a specific case, to the extent that such a delay or restriction constitutes a necessary and proportionate measure: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to protect public security; (c) to protect the rights and freedoms of others.
Amendment 728 #
2011/0023(COD)
Proposal for a directive
Article 11 f (new)
Article 11 f (new)
Amendment 729 #
2011/0023(COD)
Proposal for a directive
Article 11 g (new)
Article 11 g (new)
Article 11g Keeping of records 1. Member States shall ensure that records are kept of at least the following processing operations: collection, alteration, consultation, disclosure, combination or erasure. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed PNR data, and the identity of the recipients of such data. 2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the Data Protection Officer or by the supervisory authority. 3. The Member State shall ensure that the Passenger Information Unit shall make the records available, on request, to the supervisory authority.
Amendment 732 #
2011/0023(COD)
Proposal for a directive
Article 11 j (new)
Article 11 j (new)
Article 11j Liability and the right to compensation Member States shall provide that any person who has suffered damage, including non-pecuniary damage, as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to claim compensation for the damage suffered.
Amendment 736 #
2011/0023(COD)
Proposal for a directive
Article 12
Article 12
1. Each Member State shall provide that the national supervisory authority established in implementation of Article 25 of Framework Decision 2008/977/JHA shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the Member States pursuant to the present Directive. The further provisions of Article 25 Framework Decision 2008/977/JHA shall be applicableone or more public authorities are responsible for monitoring the application of the provisions adopted pursuant to this Directive and for contributing to its consistent application throughout the Union, in order to protect the fundamental rights and freedoms of natural persons in relation to the processing of their personal data. 2. Member States shall ensure that the supervisory authority acts with complete independence in exercising the duties and powers entrusted to it. 3. Each Member State shall provide that the members of the supervisory authority, in the performance of their duties, neither seek nor take instructions from anybody, and maintain complete independence and impartiality. 4. Each Member State shall ensure that the supervisory authority is provided with the adequate human, technical and financial resources, premises and infrastructure necessary for the effective performance of its duties and powers. 5. Each Member State shall ensure that the supervisory authority must have its own staff which shall be appointed by and subject to the direction of the head of the supervisory authority.
Amendment 747 #
2011/0023(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Amendment 748 #
2011/0023(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Duties of the national supervisory authority 1. Member States shall provide that the supervisory authority: (a) monitors and ensures the application of the provisions adopted pursuant to this Directive and its implementing measures; (b) hears complaints lodged by any data subject, investigates, to the extent appropriate, the matter and informs the data subject of the progress and the outcome of the complaint within a reasonable period, in particular where further investigation or coordination with another supervisory authority is necessary; (c) checks the lawfulness of the data processing; (d) conducts investigations, inspections and audits, either on its own initiative or on the basis of a complaint, and informs the data subject concerned, if the data subject has addressed a complaint, of the outcome of the investigations within a reasonable period; (e) monitors relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies; 2. The supervisory authority shall, upon request, advise any data subject in exercising the rights laid down in provisions adopted pursuant to this Directive, and, if appropriate, co-operate with supervisory authorities in other Member States to this end. 3. For complaints referred to in point (b) of paragraph 1, the supervisory authority shall provide a complaint submission form, which can be completed electronically, without excluding other means of communication. 4. Member States shall provide that the performance of the duties of the supervisory authority shall be free of charge for the data subject. 5. Where requests are manifestly excessive, in particular due to their repetitive character, the supervisory authority may charge a reasonable fee. Such a fee shall not exceed the costs of taking the action requested. The supervisory authority shall bear the burden of proving the manifestly excessive character of the request.
Amendment 777 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 783 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within four years after the date mentioned in Article 15(1)feasibility, necessity and proportionality of this Directive, in the light of the experience gained by the Member States. Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and, the quality of the assessments and the effectiveness of the sharing of the data between the Member States. It shall also contain the statistical information gathered pursuant to Article 18. The Commission shall submit a report to the European Parliament and the Council within two years after the date mentioned in Article 15(1);
Amendment 790 #
2011/0023(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Limitation This Directive shall loose its effect after a period of seven years. The Commission may propose to extend the effect of this Directive for further seven-year-periods. The decision of extension shall be taken by ordinary legislative procedure after the approval by the European Parliament and the Council.
Amendment 795 #
2011/0023(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall prepare a set of statistical information on PNR data provided to the Passenger Information Units. Such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or seriouscertain types of serious transnational crime according to Article 4(2) and, the number of subsequent law enforcement actions that were taken involving the use of PNR data per air carrier and destination and the number of criminal convictions resulting from the enforcement action.
Amendment 799 #
2011/0023(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. These statistics shall not contain any personal data. They shall be transmitted to the Commission and the European Parliament on a yearly basis.
Amendment 817 #
Amendment 825 #
2011/0023(COD)
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
(12) General remarks (including all available information on unaccompanied minors under 18 years, such as name and gender of the minor, age, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent)
Amendment 829 #
2011/0023(COD)
Proposal for a directive
Annex 1 – point 14
Annex 1 – point 14
(14) Seat number and other seat information