1925 Amendments of Petr JEŽEK
Amendment 2 #
2018/2210(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. AcknowledgeRegrets, however, that for EASO, the Court issued an adverse opinion regarding the legality and regularity of its payments; due to material and systematic instances of non-compliance of payments with EASO’s Financial Regulation and other applicable rules and provisions, mainly related to public procurement and recruitment procedures underlying payments; regreteplores that the combined error from non-compliant payments amounts to at least 7,7 million euros or 10,3 % of the EASO total payments made in 2017, which is a substantial increase on the error rate from 2016; notes the exponential deterioration of the human resource situation in EASO in 2017; regrets that EASO does not currently have the administrative capacity to fill its high number of vacancies causing a significant risk to the continuation of its operations at the current scale; welcomestakes note of EASO’s strong commitment to address its organisational and managerial weaknesses without delay; remindcalls that it was due to suchthese commitments and progress in certain progaresas, that Parliament has granted belated discharge for the 2016 budget of EASO in October 2018;
Amendment 4 #
2018/2210(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that for Frontex, the Court has reported again in 2017 that proof of expenditures claimed by cooperating countries were often insufficient; welcomes the decision of Frontex to introduce a simplified cost reimbursement model to address this issue which has been recurring since 2014; notes as well in this context that the Court reported cancellations of budget appropriations carried over from previous years, which indicates a clearn overestimation of Frontex budgetary needs in these years;
Amendment 8 #
2018/2210(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that for the development and implementation of IT projects eu-LISA applies an outsourcing model where some 90 % of the related work is carried out by three contractors; acknowledges that IT projects are owned by and under the control of the Agency but fears that a model under which the evolution and development activities for such sensitive IT systems is outsourced to such extend creates risks of over-reliance on contractors; highlights that the small number of staff in key operational units creates risks for the continuity of operations; welcomes the actions taken so far by eu-LISA in this respect and requests that eu-LISA to take adequate long-termput in place adequate measures at both organisational and possibly technological/operational level to mitigate those risks in the long run; requests eu- LISA to ensure that the contractors are not bound by any laws of third countries that could bring them into conflict with the necessary confidentiality arrangements with eu-LISA;
Amendment 6 #
2018/2209(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes that IT projects were implemented on time, on cost and on budget in 2017; points out, however, that the Agency outsourced 90 % of its projects via three framework contracts; stresses that even if the Agency’s IT projects are under its control, outsourcing its activities to such a large extendt creates risks of over-reliance and over-dependency on external contractors; request, therefore, the Agency to devise a long term strategy to mitigtakes note of the Agency's response thate this risk; acknowledges the administrative overhead, technical challenges and additional costs of adopting such a strategy but stresses that, given the sensitivity of its IT systems, contractor lock-in must be avoided; requests the Agency to present its vendor and contractor strategy to the European Parliament; requests the Agency to take all necessary measures to ensureese issues may be addressed under the Commission's interoperability proposal; welcomes that the Agency has undertaken a study in order to have an overview of the architecture of the future IT systems; requests therefore, the Agency to devise a long term strategy to address thate contractors having access to sensitive information about IT systems or the data they process are legally bound to stringent confidentiality rules and to demand that such contractors have formal national security clearances at the time of accessing such information; requests the Agency to ensure that its contractors are not bound by any laws of third countries that could bring them into conflict with the confidentiality arrangements established by the Agencycerns of the Court; acknowledges the administrative overhead, technical challenges and additional costs of adopting such a strategy but stresses that, given the sensitivity of its IT systems, contractor lock-in must be avoided;
Amendment 3 #
2018/2208(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the major risks inherent to the nature of the Agency’s activities and extraordinary operational challenges caused by the migration influx in 2015, 2016 and 2017; regrets however that those risks were not mitigated by a solid governance structure and effective controls as it should have been normally the case for a well-managed and well-run agency;
Amendment 5 #
2018/2208(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on EASO to address in priorityurgently address the exponential deterioration of the human resources situation as reported by the Court; stresses that since 2014 the Agency suffered from high staff turnover, that recruitment procedures were suspended in 2017, and that by the end of 2017, the Agency did not have the administrative capacity to fill its high number of vacancies; points out that the human resources situation seriously threatens the continuation of EASO operations which is unacceptable for the European Parliament given the importance of EASO’s mission; calls therefore on the Agency to reorganise itself to significantly improve the quality of its internal management and the efficiency of its internal procedures and processes;
Amendment 6 #
2018/2208(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that almost all EASO services audited by the court contained significant public procurement weaknesses in relation to drafting of tender specifications, choice of the type of the contract, evaluation and award methods, amendments and extension of contracts, execution of contracts and verification of services provided, etc.; calls on the Agency to strictly adhere to the Financial Regulation of the EU at all times; expects the agency to especially comply withhighlights that the weaknesses identified go against the principles of competition, transparency, equal treatment and non- discrimination; requests the identification and subsequent cancellation of the non- compliant public procurement procedures awarded by the Agency;
Amendment 7 #
2018/2208(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Acknowledges nevertheless the efforts of the Agency to address the weaknesses identified by the Court in an efficient and speedy way; calls on the Agency to report regularly to the European Parliament on progress in terms of efficiency and implementation progress of those measures as well as on their efficiency to address the key issues identified by the Court; calls on the agency to justify thoroughly to the European Parliament the gaps between resources currently available, the ones programmed but not yet available, and the ones not yet programmed but truly needed according tocessary in order for the aAgency’s own independent evaluation in order to fulfil its mission;
Amendment 10 #
2018/2208(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Reminds of the granted discharge of the Agency by the Parliament in October 2018 for the financial year 2016 as a positive signal, recognising the importance of the Agency; regrets that the irregularities with regard tocalls that the European Parliament granted discharge for 2016 only in October 2018 following commitments from the Agency to improve its Performance Based Budgeting, Transparency & Democracy and People (Staff) management, which had led to a refusal of the discharge in April 2018,; regrets that these commitments have not allyet been corrected yet; welcomes though the newfully completed. Notes the change in management of the Agency and fully supportwelcomes its efforts to take all necessary measures to secure the efficient work of the agencycorrect its weaknesses in accordance with procurement regulation and staff rules.
Amendment 1 #
2018/2200(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes than in 2017 the budget of Europol increased from 104 to 118 million and its staffEUR and staff increased from 737 to 834 full-time equivalents; welcomes in this context of growing activities the lack of remarks of the Court of Auditors regarding the execution of the 2017 budget of Europol; welcomes as well that most of the recommendations issued by the Courts of Auditors for previous years have been closed; highlights, in particular, that for 2017 the Court of Auditors does no longer report excessive carry-overs of commitment appropriations from the previous year (2016) to the current year (2017) for Title II (administrative expenditure);
Amendment 5 #
2018/2200(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Requests that Europol to provides more information on the tasks and budgetary implications of its Internet Referral Unit (IRU), which is not explicitly listed in the budget; questions the legal basis on which the IRU operates, as it does not seem to contribute to the investigation and prosecution of criminal offences, but rather contributes to the deletion of allegedly illegal content on the basis of the terms of service of information society services without follow-up by law enforcementincluding specifically the role of the IRU in the prevention and combatting of serious crime, as set out in Article 3(1) of Regulation (EU) 2016/794, and the subsequent follow-up on cases identified;
Amendment 10 #
2018/2200(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that Europol does notTakes note of the Court's comments with regards to publishing vacancy notices on the website of the European Personnel Selection Office (EPSO) but only on its own website and in social media; acknowledges that the working language of Europol is principally English but points out that theEPSO site; acknowledges the concerns of the Agency with regards to additional translation costs due to the fact that EPSO requires publication of Europol vacancy notices on the EPSO website would be usefuin all official land relevant as it would increase transparency and publicity and allow citizens to identify vacancies published by the different Union institutions and agencies collectively; requests Europol to also publish itsguages; requests therefore that the Agency publish all vacancy notices on the inter-agency job board developed by the EU Agencies network, and where relevant to also post vacancy notices on the EPSO website;
Amendment 5 #
2018/2195(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. RegretsTakes note of the irregular recruitment of two temporary AST staff at higher grades than the ones allowed by the Staff Regulations (AST 4): calls on the Agency to strictly adhere at all times; recognises that the Agency has taken measures to reduce irregular recruitment and that since March 2017 the Agency has not appointed any external candidates at a higher grade than AST 4; reminds the Agency of the necessity of strictly adhering to the Staff Regulations;
Amendment 8 #
2018/2195(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets that vacancy notices are published onlyTakes note of the Court's comments with regards to publishing vacancy notices on the EPSO site; acknowledges the concerns onf the Agency’s website and in a limited number of with regards to additional translation costs due to the fact that EPSO requires publication of vacancy notices in all official languages only; requests the Agency to systematicallrefore that the Agency publish all its vacanciy notices on the website of the European Personnel Selection Office (EPSO) in all Union languages in order to increase transparency for Union citizensinter-agency job board developed by the EU Agencies network, and where relevant to also post vacancy notices on the EPSO website;
Amendment 11 #
2018/2195(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets that the majority of the Agency’s operational programmes lack quantitative objectives and specific target values for the joint operations; notes with concern that this, together with insufficient documentation from cooperating countries, might hamper the ex post evaluation of the effectiveness of joint operations in the long term; regrets that the actual impact of joint operations is difficult to assess; calls on the Agency to set relevant strategic objectives for its activities and to establish an effective result-oriented monitoring and reporting system with relevant and measurable key performance indicators;
Amendment 14 #
2018/2195(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes again with concern the absolute gender imbalance in the Agency’s Management Board; calls on Member States to ensure gender balance when nominating their members for the Agency's Management Board; calls on the Agency to pro-actively remind Member States of the importance of gender balance;
Amendment 1 #
2018/2194(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the revislocation of the mandate of the Agency and its move to BudapestAgency to Budapest in 2014 and the revision of its mandate in 2016 triggered modifications to the Agency’s accounting procedures; regrets that since 2013 the accounting system of the Agencythe Agency's accounting procedures hasve not been re- validated as it should normally have been the case; requests the Agency to take the necessary measures without delaysince 2013; takes note of the Agency's response that the re-validation is currently subject to discussions and planning within DG BUDG;
Amendment 4 #
2018/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the Agency onlyTakes note of the Court's comments with regards to publishesing vacancy notices on its own website, in social media and in the inter- agency network and not on the website of the European Personnel Selection Office (EPSO); acknowledgethe EPSO site; acknowledges the concerns of the Agency with regards theo additional translation costs incurred but points out that there are only a limited number of vacancies concerned in the specific case of the Agency; agrees with the Court of Auditdue to the fact that EPSO requires publication of vacancy notices in all official languages; requests thereforse that this would be relevant and useful as EPSO publications increase transparency and publicity and allow citizens to identify vacancies published by the different European institutions and agencies collectively; insists therefore that the Agency also publishes itse Agency publish all vacancy notices on the inter-agency job board developed by the EU Agencies network, and where relevant to also post vacancy notices on the EPSO website;
Amendment 6 #
2018/2194(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that at the end of 2017 the Agency had not carried a comprehensive analysis of the likely Brexit impacts on its organisation, operations and accounts; welcomes the remedial actions taken by the Agency and notes its limited exposure, also due to the move from Hampshire to Budapestthat the Agency assesses that its risks are limited;
Amendment 8 #
2018/2194(DEC)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 1 #
2018/2186(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the lack of remarks of the Court of Auditors regarding the execution of the 2017 budget of Eurojust; welcomes especially that most of the recommendations issued by the Courts of Auditors for previous years have been closed; highlights, in particular, that foras from 2017 the Court of Auditors doeswill no longer report excessive carry-overs of commitment appropriations from the previous year (2016) to the current year (2017) for Title II (expenditure for support activities);
Amendment 3 #
2018/2186(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that Eurojust does notTakes note of the Court's comments with regards to publishing vacancy notices on the website of the European Personnel Selection Office (EPSO) but only on its own website and in social media; acknowledgeEPSO site; acknowledges the concerns of the Agency with regards theo additional translation costs incurred but points out that there is only a limited number of vacancies concerned in the case of Eurojust; agrees with the Court of Auditdue to the fact that EPSO requires publication of vacancy notices in all official languages; requests thereforse that this would be relevant and useful as EPSO publications increase transparency and publicity and allow citizens to identify vacancies published by the different Union institutions and agencies collectively; insists therefore that Eurojust also publishes itse Agency publish all vacancy notices on the inter-agency job board developed by the EU Agencies network, and where relevant to also post vacancy notices on the EPSO website;
Amendment 7 #
2018/2186(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. RegretNotes that the recommendation issued by the Court of Auditors in 2010 to reconsider the definition of respective roles and responsibilities between the Director and the College of Eurojust to avoid overlap of responsibilities (resulting from the Founding Regulation1 ) was still open end of 2017; acknowledges that addressing this issue is not under the Eurojust’s control; reminds ofwelcomes the adoption of the new Eurojust Regulation and expects that these issues are resolved with the new structure and the clarification of roles and responsibilities therein, including the new Executive Board. _________________ 1 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 63, 6.3.2002, p. 1).
Amendment 2 #
2018/2181(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes that the CentreTakes note of the Court's comments with regards to publishes itsing vacancy notices by means of dissemination toon the EPSO site; acknowledges the membconcerns of its governing bodies, to the Reitox national focal points, to the other Union agencies and on the Inter-Agency Job- Advertisement Portal; regrets however that the Centre does not alsthe Agency with regards to additional translation costs due to the fact that EPSO requires publication of vacancy notices in all official languages; requests therefore that the Agency continues to publish all vacancy notices on the website of the European Personnel Selection Office (EPSO); points out that this would be useful and relevant as it would further increase transparency and publicity and allow citizens to identify vacancies published by the different institutions and agencies of the Union collectively; requests the Centre to also publish itsinter-agency job board developed by the EU Agencies network, and where relevant to also post vacancy notices on the EPSO website;
Amendment 7 #
2018/2180(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets the fact that the Agency’s mandate still limits its role as regards the support for fundamental rights; stressesTakes the view that the Agency should be able to offer opinions on legislative proposals on its own initiative and that its remit should extend to all areas of rights protected under the Charter of Fundamental Rights of the European Union, including issues of judicial and police cooperation in criminal matters; Notes that certain actions are regrettably limited by the Agency's current mandate; recommends the inclusion of those thematic areas in the new multiannual financial framework.
Amendment 2 #
2018/2175(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets however that according to the EDPS annual activity report only a single payment was examined in 2017 by the Court; points outtakes the view that even if the budget of the EDPS represents a very small percentage of the Union budget, the legality and regularity of EDPS transactions should nevertheless be properly examined by the Court as transparency is vital for the appropriate functioning of this Union body; requests therefore that the Court issues separate annual activity reports as from 2018 for this important Union body;
Amendment 1 #
2018/2166(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the opinion of the European Court of Auditors (the Court) on the 2017 accounts of the Union; highlights especially the further reduction of the aggregated payment errors in 2017 at the EU level, reaching an all-time low of 2.4 %, close to the target of 2%; Stresses the importance of reaching below the target of 2% in payment errors;
Amendment 2 #
2018/2166(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Deeply rRegrets, however, that for 2017, just likeas for 2016, the Court chose to ignore the request of the LIBE Committee to calculate the specific payment error rate of Heading III (Security and Citizenship); notes that DG HOME self-assessed its payment error rate below the materiality threshold of 2%; regrets that the limited sample of 15 transactions audited for 2017 was not sufficient for the Court to confirm this positive resulte Court's justification for not doing so, in particular the fact that Heading III accounted for only 2% of payments in the 2017 budget; further notes that Court based its opinion on a sample of 15 transactions; highlights that DG HOME self-assessed its payment error rate below the materiality threshold of 2%;
Amendment 6 #
2018/2166(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses nevertheless the importance for the EU that the Court systematically and independently assesses payment error rates of all politically sensitive areas of the EU budget; fears especially that the misuse of EU funds in Migration, Security and Border Management policies could have severe detrimental impacts on the functioning of the EU due to institutional reputation degradation, loss of trust by citizens or governments, rise of anti-EU sentiment, etc.public perception of the EU; insists that intangible (non-financial) risks should properly be taken into account by the Court in its audit strategy and in addition to tangible and quantifiable financial ones;
Amendment 7 #
2018/2166(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes that the Court did not find any major flaws in the Commission’s AMIF and ISF clearance procedures and that it agrees with the Commission's clearance decisions; regrets however that of the 15 transactions examined by the Court, three (20 %) contained errors, of which two were above the target materiality threshold of 2 %, specifically one transaction relating to relocation under the AMIF fund (error rate of 10%) and one relating to an operational subsidy to EASO (error rate of 2.9%);
Amendment 23 #
2018/2161(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. considers that among the challenges facing the EIB, appriopriate supervision is crucial; believes, given the role and institutional set-up of the EIB, an ad-hoc supervisory structure is required which includes representatives of the ECB, EBA, ECA, national competent authorities and independent experts;
Amendment 32 #
2018/2161(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises the EIB’s responsibility to intervene when there are specific market failures, such as the financial crisis and difficulties in accessing finance for SMEs and innovators; applauds the success of the European Fund for Strategic Investments (EFSI), under which 898 operations have been approved and which is expected to trigger EUR 335 billion in investment across the 28 EU Member States; underlines the necessity to accelerate the work on building a Capital Markets Union thus enabling the EIB to really focus on filling the gaps where there are market failures or to provide financing for highly risky projects;
Amendment 42 #
2018/2161(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the important role played by the EIB as the EU Bank, which is the only International Financial Institution that is entirely owned by EU Member States, guided fully by EU policies and standards;
Amendment 44 #
2018/2161(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls for the strengthening of the EIB’s advisory activities and, together with the Commission, Member States and national official promotional financial institutions, to address systemic shortcomings that prevent certain regions or countries from taking full advantage of the EIB’s financial activities;
Amendment 48 #
2018/2161(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Underlines the crucial role played by the EIB’s lending in support of the EU’s external policy objectives via instruments such as its External Lending Mandate; further welcomes the EIB’s management of the ACP Investment Facility which provides innovative financing instruments including equity, local currency risk-sharing and impact finance in ACP countries, based on the Cotonou agreement; believes that the EIB should to continue to play a leading role in setting-up future EU financing mechanisms to third countries, while ensuring that it is the interests of local entrepreneurs wishing to establish local, often micro and small, enterprises with the aim of contributing first and foremost to the local economy which are prioritised in EIB lending decisions;
Amendment 52 #
2018/2161(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Welcomes the progress made by the EIB in contributing to preventing tax fraud, tax evasion, tax avoidance, aggressive tax planning, money laundering and the financing of terrorism through the full application of EU policies and standards, for example the EU list of non-cooperative jurisdictions for tax purposes; underlines the absolute necessity for the EIB to remain constantly vigilant and to adapt its actions to the permanently evolving reality concerning those practices;
Amendment 122 #
2018/2161(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognisecalls theo intensifiedy the cooperation of the EIB Group with national promotional banks and institutions (NPBIs) and calls on the EIB to continue strengthening its work with NPBIs in order to ensure outreach and further develop advisory activities and technical assistance to support a geographical balance in the long termgrowth where it is needed;
Amendment 125 #
2018/2161(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. calls on the EIB to include in its assessment of the projects to be funded the conclusions coming from the Country Specific Recommendations (CSR) and the Macro-Economic Imbalances Procedure (MIP); recalls that the economic governance framework allows some vulnerabilities to be detected and it would therefore be logical for the EIB to favourably consider the projects that allow those vulnerabilities to be addressed;
Amendment 132 #
2018/2161(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. is of the opinion that more funds should be allocated by the EIB to strenghten the administrative capacity of the Member States, the more efficient an administration is the better it is both for the citizens and for the economy;
Amendment 156 #
2018/2161(INI)
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Amendment 160 #
2018/2161(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. calls on the EIB to step up its efforts in terms of communication; believes it is key to engage with EU citizens in order to better explain the aim of its policies; believes in this respect that a reflexion should be initiated regarding the possibility to offer options for more direct subscription by EU citizens to strenghten the funding capacities of the EIB as a way, inter alia, to concretely illustrate the contribution of the EU to the daily lives of its citizens;
Amendment 163 #
2018/2161(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. recalls that the EIB group’s transparency policy is based on a presumption of disclosure and that everyone can access EIB group documents and information; calls on the EIB group to continue efforts to improve and increase its transparency practices, in line with recently undertaken improvements such as the publication of the minutes of its Board of Directors' meetings and the publication of the Scoreboard of indicators for projects supported by the EFSI guarantee; stresses, however, the importance of properly taking into account the EIB’s role as a financial institution that works with the private sector and which requires the strict protection of commercially sensitive information, in line with the respective EU legal framework;
Amendment 52 #
2018/2121(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls the analysis of the reports from these previous Special Committees and calls for the implementation of the recommendations outlined1a; _________________ 1a http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2015- 0408+0+DOC+XML+V0//EN uage=EN, http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2016- 0310+0+DOC+XML+V0//EN uage=EN, http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2017- 0491+0+DOC+XML+V0//EN uage=EN
Amendment 64 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines however that much remains to be done in this field and urgent further action is required by the Commission and the Council in order to ensure that the required amount of tax contributions are paid to public budgets, as expected by the Europe’s citizens;
Amendment 68 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Considers that efforts need to be made by all EU institutions, including by this Parliament, as well as Member States to explain to citizens the work done in the field of taxation and actions taken to remedy existing problems and loopholes;
Amendment 69 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Considers that open and transparent tax competition where Member States and regions compete in offering better conditions for doing business can contribute to stimulating entrepreneurship, for the benefit of both citizens and companies; stresses however that tax competition that deprives Member States of appropriate generating revenues is not fair; considers that in order to end unfair tax competition developed by some Member States, the EU needs to adopt a broad strategy whereby the EU supports, with relevant policies, those Member States to move from their current detrimental tax systems to a tax system compatible with the EU legal framework and the spirit of the EU treaties;
Amendment 71 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Supports the use of digital tools; is aware however that the use of smart technologies is giving rise to new types of digital tax fraud such as fraudulent e- filings of tax returns across territories, use of software programs to automatically skim cash from electronic cash registers or point of sale systems (“zapping”) or the growing usage of third-party payroll processors enabling fraudsters to channel off legitimate taxes; calls therefore on the EU institutions and Member States to adopt a comprehensive, transformative and dynamic strategy with a long-term vision, roadmap and multifaceted solutions involving people, processes and technology;
Amendment 82 #
2018/2121(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 87 #
2018/2121(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Council and Member States to prioritise projects, notably with the support of the Fiscalis programme, aimed at quantifying the magnitude of tax avoidance in order to better address the current tax gap; stresses that the European Parliament has adopted1a an increase of the Fiscalis programme (EUR 300 million (2018 prices) or 339 million (current prices) as well as the ECON committee; _________________ 1a in the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement and the REPORT of 4 December 2018 on the proposal for a regulation of the European Parliament and of the Council establishing the ‘Fiscalis’ programme for cooperation in the field of taxation
Amendment 97 #
2018/2121(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the fight against tax evasion and fraud tackles illegal acts, whereas the fight against tax avoidance addresses situations that are a priori within the limits of the law but against its spirit; calls therefore on simplification of the tax framework as soon as possible thereby avoiding debates about morality versus legality;
Amendment 114 #
2018/2121(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 121 #
2018/2121(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the similarity between corporate tax payers and high-net-worth individuals in the use of corporate structures and similar structures such as trusts and offshore locations for the purpose of ATP; recalls the role of intermediaries in setting up such schemes; recalls the obligation of intermediaries under DAC6 to report structural loopholes in tax legislation to tax authorities, without having to reveal the identities of any potential clients taking advantage of these loopholes at the time; requests that intermediaries that are convicted for participation in and knowledge of fraudulent behaviour of clients are to have their licenses revoked and be banned from practising their occupation henceforth;
Amendment 131 #
2018/2121(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission and the Council to propose and adopt a comprehensive definition of aggressive tax planning indicators, building on both the hallmarks identified in the fifth review of the Directive on administrative cooperation (DAC6)1a and the Commission’s relevant studies and recommendations2a; calls on Member States to use those indicators as a basis to repeal all harmful tax practices deriving from existing tax loopholes; _________________ 1a Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements, OJ L 139, 5.6.2018, p. 1. 2a https://ec.europa.eu/taxation_customs/site s/taxation/files/resources/documents/taxat ion/gen_info/economic_analysis/tax_pape rs/taxation_paper_61.pdf and https://ec.europa.eu/taxation_customs/site s/taxation/files/tax_policies_survey_2017. pdf
Amendment 167 #
2018/2121(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes note of the statement made by the French Finance Minister at the TAX3 meeting of 23 October 2018 regarding the need to discuss the concept of minimum taxation; welcomes the readiness by France to include the debate on minimum taxation as one of the priorities of its G7 Presidency in 2019;
Amendment 189 #
2018/2121(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 197 #
2018/2121(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the G20/OECD 15-point BEPS action plan, intended to tackle in a coordinated manner the causes and circumstances creating BEPS practices, is being implemented and monitored and further discussions are taking place, in a broader context than just the initial participating countries, through the Inclusive Framework; calls on Member States to support a reform of both the mandate and the functioning of the Inclusive Framework to ensure that remaining tax loopholes and unsolved tax questions such as the allocation of taxing rights among countries are covered by the current international framework to combat BEPS practices;
Amendment 200 #
2018/2121(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. calls on the EU to work on reforming the OECD in order to equip it with enforcement powers so as to avoid a situation where OECD standards are only implemented by very few members, usually the EU; considers that contributing to work at the OECD level does not exclude or prevent work also being undertaken at the European level;
Amendment 207 #
2018/2121(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the adoption by the EU of ATAD I and ATAD II;1a; _________________ 1a takes note that they provide a minimum level of protection against corporate tax avoidance throughout the EU, while ensuring a fairer and more stable environment for businesses, from both demand and supply perspectives; welcomes the provisions on hybrid mismatches to prevent double non- taxation in order to eliminate existing mismatches and refrain from creating further mismatches, between Member States and with third countries;
Amendment 216 #
2018/2121(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the provisions on Controlled Foreign Corporation (CFC) included in ATAD I to ensure that profits made by related companies parked in low or no-tax countries are effectively taxed; acknowledges that theys called for repeatedly by Parliament, these provisions prevent the absence or diversity of national CFC rules within the Union from distorting the functioning of the internal market beyond situations of wholly artificial arrangements as called for repeatedly by Parliament; deplores the coexistence of two approaches to implement CFC rules in ATAD I and calls on Member States to implement only the simpler and most efficient CFC rules as in ATAD I Article 7(2)(a);
Amendment 223 #
2018/2121(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 230 #
2018/2121(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 240 #
2018/2121(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Reiterates its call for a clear definition of permanent establishment so that companies cannot artificially avoid having a taxable presence in a Member State in which they have economic activity;
Amendment 241 #
2018/2121(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls for the finalisation of the work being done within the EU Joint Transfer Pricing Forum (JTPF) on the development of good practices and monitoring of Member States’ implementation by the Commission;
Amendment 242 #
2018/2121(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises that the new flow of information to tax authorities following the adoption of ATAD I and DAC4 creates the need for adequate resources to ensure the most efficient use of such information and to effectively reduce the current tax gapImplores Member States to provide their tax authorities with the necessary resources to ensure the most efficient use of such information and to effectively reduce the current tax gap, given the new flow of information to tax authorities following the adoption of ATAD I and DAC4; considers that sufficient budgetary resources should also be provided at the EU level;
Amendment 255 #
2018/2121(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact thatinclusion of Member States’ tax systems and overall tax environment have become part ofwithin the European Semester in line with Parliament’s call to that effect29 ; welcomes the studies and data drawn up by the Commission30 that allow situations that provide economic ATP indicators to be better addressed, and give a clear indication of the exposure to tax planning as well as furnishing a rich data base for all Member States on the phenomenon; _________________ 29 European Parliament resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect, OJ C 366, 27.10.2017, p. 51, paragraph 96. 30 Referred to above. The studies provide an overview of Member States’ exposure to ATP structures affecting their tax base (erosion or increase), although there is no stand-alone indicator of the phenomenon, a set of indicators seen as a ‘body of evidence’ nevertheless exists.
Amendment 259 #
2018/2121(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the CoC Group to report yearly on the main arrangements reported in Member States to allow decision makers to keep up with the new tax schemes which are being elaborated and to take the necessary countermeasures that might potentially be needif required;
Amendment 265 #
2018/2121(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to issue a proposal aimed at repealing patent boxes, and calls on Member States to favour non- harmful and, if appropriate, direct support for R&D; reiterates, in the meantime, its call to ensure that current patent boxes establish a genuine link to economic activity, such as expenditure tests, and that they do not distort competition; welcomes the improved definition of R&D costs in the common corporate tax base (CCTB) proposal;
Amendment 281 #
2018/2121(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the re-launch of the CCCTB project in a two-step approach, with the Commission’s adoption of interconnected proposals on CCTB and CCCTB; calls on the Council to swiftly adopt them, taking into consideration Parliament’s opinion that already includes the concept of virtual permanent establishment that would close the remaining loopholes allowing tax avoidance to take place and level the playing field in light of digitalisation;
Amendment 292 #
2018/2121(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Calls on the Council to swiftly adopt them, taking into consideration Parliament’s opinion that already includes the concept of virtual permanent establishment that would close the remaining loopholes allowing tax avoidance to take place and level the playing field in light of digitalisation;
Amendment 294 #
2018/2121(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Welcomes the improved definition of R&D costs in the common corporate tax base (CCTB) proposal;
Amendment 305 #
2018/2121(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. NoteHighlights that the phenomenon of digitalisation has created a new situation in the market, whereby digital and digitalised companies are able to take advantage of local markets without having a physical, and therefore taxable, presence in that market, creating a non-level playing field and putting traditional companies at a disadvantage; notes that digital businesses models in the EU face a lower effective average tax burden than traditional business models31 ; _________________ 31 As evidenced in the impact assessment of 21 March 2018 accompanying the digital tax package (SWD(2018)0081), according to which on average, digitalised businesses face an effective tax rate of only 9.5 %, compared to 23.2 % for traditional business models.
Amendment 331 #
2018/2121(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. UnderstandBelieves that the so-called interim solution is not optimal; believes that it will help speed up the search for a better solution atmuch needed, given the speed and scope of digital development, as it will provide an important contribution to the comprehensive global level solution, while levelling the playing field in local markets to some extent;
Amendment 342 #
2018/2121(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses that since June 2014 the DAC has been amended fourive times;
Amendment 353 #
2018/2121(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that not only information exchanges between, but also the sharing of best practices among tax authorities contribute to more efficient tax collection; calls on Member States to give priority to the sharing of best practices among tax authmake this a prioritiesy;
Amendment 357 #
2018/2121(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on the Commission to swiftly assess the implementation of DAC4 and whether national tax administrations effectively access country-by-country information held by another Member State; similarly, asks the Commission to assess how DAC4 relates to Action 13 of the G20/BEPS action plan on exchange of country-by- country information;
Amendment 365 #
2018/2121(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Notes that the form in which the information is provided between national tax authorities is key when such information coming from a Member States may be introduced as evidence in a judicial proceeding in another Member State; considers that the continuation of the progressive building-up of a common language and understanding in tax related matters is key for a more efficient EU framework as well as its enforcement; believes that it should encompass, inter alia, the type of information transmitted and its form, the automaticity of its transmission and the potential exemption to that principle, common IT tools;
Amendment 371 #
2018/2121(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Underlines that national authorities play a key role in the supervision of financial and fiscal activities in the Member States; considers therefore that it should be established whether national competent authorities have duly fulfilled their supervision tasks in the framework of the cum-ex scandal; asks the Commission to assess whether certain financial techniques used in the cum-ex scandal, such as short-selling might have a disruptive impact on the financial markets; stresses that, should their negative effect on financial markets be proven that they should be banned or at least limited; requests the European Securities and Markets Authority and the European Banking Authority to conduct an inquiry into dividend arbitrage trading schemes such as cum-ex in order to assess potential threats to the integrity of financial markets and to national budgets; to establish the nature and magnitude of actors in these schemes; to assess whether there were breaches of either national or Union law; to assess the actions taken by financial supervisors in Member States; and to make appropriate recommendations for reform and for action to the competent authorities concerned;
Amendment 391 #
2018/2121(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Stresses that the proposal for public CBCR was submitted to the co- legislators just after the Panama papers scandal on 12 April 2016, and that Parliament adopted its position on it on 4 July 2017; recalls that the latter called for an enlargement of the scope of reporting and protection of commercially sensitive information; deplores the lack of progress and cooperation from the Council since 2016; urges for progress to be made in the CouncilDeplores the lack of progress and cooperation from the Council since 2016 concerning the public CBCR proposal; urges the Council to make urgent progress so that it can enters into negotiations with Parliament as soon as possible;
Amendment 423 #
2018/2121(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Notes that despite the fact that the Commission found McDonald’s benefited from double non-taxation on certainsome of its profits in the EU, during its investigations into the tax ruling practices of Member States, no decision under EU State Aid rules could be issued, as the Commission concluded that the double non-taxation stemmed from a mismatch between Luxembourg and US tax laws and the Luxembourg-United States double taxation treaty38 ; calls on Luxembourg to investigate this matter and to revise its double taxation treaties to conform with international tax law; _________________ 38 http://europa.eu/rapid/press-release_IP- 18-5831_en.htm
Amendment 430 #
2018/2121(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Is gravely concerned by the magnitude of tax unpaid for all Member States over long periods39 ; recalls that the aim of the recovery of unlawful aid is to restore the position to the status quo, and that calculating the exact amount of aid to be repaid is part of the implementation obligation incumbent on the national authorities; calls on the Commission to assess and establish possible countermeasures, including fines, to prevent Member States from offering selective favourable tax treatment which constitutes State aid is non- compliant with EU rules; _________________ 39 As in the case of decision of 30 August 2016 (SA.38373) on State aid implemented by Ireland to Apple. The tax rulings in question were issued by Ireland on 29 January 1991 and 23 May 2007.
Amendment 434 #
2018/2121(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Reiterates its calls for clear guidelines clarifying what constitutes tax- related State aid and ‘appropriate’ transfer pricing, with a view to removinge legal uncertainties for both compliant taxpayers and tax administrations, and providing ae a clear and comprehensive framework for Member States’ tax practices accordingly;
Amendment 442 #
2018/2121(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51a. Points out that national measures to specifically ban commercial relationships with letterbox companies exist, for example in Latvia1a; _________________ 1a Latvian legislation defines a letterbox company as an entity having no actual economic activity and holding no documentary proof to the contrary, as being registered in a jurisdiction where companies are not required to submit financial statements, and/or as having no place of business in its country of residence;
Amendment 443 #
2018/2121(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
Amendment 449 #
2018/2121(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
Amendment 483 #
2018/2121(INI)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57a. Notes that there is no yet a single definition of letterbox companies; calls therefore for a single European definition of letterbox companies;
Amendment 508 #
2018/2121(INI)
62. Calls for additional statistics to estimate the VAT gap; and stresses that there is noe need for a common approach to data collection and sharing within the EU;
Amendment 514 #
2018/2121(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64a. Is of the opinion that the participation of all Member States in Eurofisc shall be mandatory and conditional for receiving EU funds; echoes the preoccupation of the European Court of Auditors on VAT reimbursement in Cohesion spending1a and on the EU Anti-Fraud Programme1b; _________________ 1a ECA, Rapid case review, VAT reimbursement in Cohesion - an error- prone and, sub-optimal use of EU funds, November 2018 1b ECA Opinion No 9/2018 concerning the proposal for a Regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme.
Amendment 524 #
2018/2121(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Welcomes the definitive VAT system proposals adopted on 4 October 201745 and 24 May 201846 ; welcomes in particular the Commission’s proposal to apply the destination principle to taxation, which means that VAT would be paid in the country of the customer; notes however that tax authorities in the Member States of consumption's reactions will be slower and their means of action more limited, given that most of the relevant data and auditing powers will be in the hands of the Member State of identification; calls therefore on the Commission to set up a compensation mechanism in order to safeguard Member States’ VAT revenues and incentivise Member States of identification to act; _________________ 45 COM(2017)0569, COM(2017)0568 and COM(2017)0567. 46 COM/2018/329.
Amendment 532 #
2018/2121(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Welcomes, furthermore, the revision of the special schemes for SMEs51 which is key to ensuring a level playing field, and can contribute to the reduction of VAT compliance costs; calls on the Council to take Parliament’s opinion of 11 September 201852 into account, particularly when it comes to further administrative simplification for SMEs; calls, therefore, on the Commission to set up an online portal through which SMEs willing to avail themselves of the exemption in another Member State are required to register, and to put in place a one-stop shop through which small enterprises can file VAT returns for the different Member States in which they operate; _________________ 51 Proposal for a Council Directive amending Directive 2006/112/EC on the common system of value added tax as regards the special scheme for small enterprises (COM(2018)0021). 52 European Parliament legislative resolution of 11 September 2018 on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards the special scheme for small enterprises, Texts adopted, P8_TA(2018)0319.
Amendment 561 #
2018/2121(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Calls on the Commission to ensure the EPPO tocan begin operating as soon as possible and by 2022 at the latest; calls for exemplary sanctions to be pronounced; considers that anyone engaged in an organised VAT fraud scheme should be severely sanctioned in order to avoid a perception of impunity;
Amendment 566 #
2018/2121(INI)
Motion for a resolution
Paragraph 77 a (new)
Paragraph 77 a (new)
77a. Recalls that VAT competences lie in the hand of both the EU institutions and the Member States; considers that a comprehensive strategy of modernising the operational VAT framework is needed; calls on all relevant authorities to use various statistical and data-mining technologies to identify anomalies, suspicious relationships and patterns, enabling tax agencies to better address a wide spectrum of noncompliance behaviours in a proactive, targeted and cost-effective way; underlines that such digitalisation is a complement to professional experience in the field;
Amendment 573 #
2018/2121(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on the Commission to investigate seriously the possibility of new fraud risks in the definitive VAT system, notably the potentially missing supplier in cross-border transactions supplanting the missing customer type of carousel fraud; stresses in this regard that the custom transit system can certainly facilitate trade within the EU however, abuses are possible and criminal organisations, by avoiding the payment of taxes and duties, may cause a huge loss both to Member States (mainly through avoiding VAT and excises) and the EU (avoiding VAT); calls therefore on the Commission to monitor the custom transit system and come with proposals building on recommendations notably by OLAF, Europol and Eurofisc;
Amendment 578 #
2018/2121(INI)
Motion for a resolution
Paragraph 80 a (new)
Paragraph 80 a (new)
80a. Believes that a large majority of European citizens expect clear European and national legislation that enables those who do not pay the tax which they are due to pay to be identified, sanctioned and for the missing tax to be recuperated in a timely manner;
Amendment 612 #
2018/2121(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Observes that a majority of Member States have adopted citizenship by investment (CBI) or residency by investment (RBI) schemes57 , generally known as golden visa or investor programmes, by which citizenship or residence is granted to non-EU citizens in exchange for financial investment; observes that these programmes of state- facilitated corruption do not necessarily require applicants to spend time on the territory in which the investment is made57a; acknowledges, however, that there is a difference between those schemes run on a large commercial scale and those contributing to legitimate and legal value creation; _________________ 57 18 Member States have some form of RBI scheme in place, including four Member States that operate CBI schemes in addition to RBI schemes: Bulgaria, Cyprus, Malta, Romania. 10 Member States have no such schemes: Austria, Belgium, Denmark, Finland, Germany, Hungary, Poland, Slovakia, Slovenia and Sweden. At least 5000 non-EU citizens have obtained EU citizenship through citizenship by investment schemes. Source: study entitled ‘Citizenship by investment (CBI) and residency by investment (RBI) schemes in the EU‘, EPRS, October 2018, PE: 627.128; ISBN: 978-92-846-3375-3. 57a In the OECD’s view, the visa schemes which are potentially high-risk for the integrity of the CRS are those that give a taxpayer access to a low personal income tax rate of less than 10 % on offshore financial assets, and do not require a significant physical presence of at least 90 days in the jurisdiction offering the golden visa scheme; is concerned that Malta and Cyprus have schemes among those that potentially pose a high risk to the integrity of CRS
Amendment 618 #
2018/2121(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
Amendment 650 #
2018/2121(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Is concerned that according to the OECD, CBI and RBI schemes could be misused to undermine the common reporting standard (CRS) due diligence procedures, leading to inaccurate or incomplete reporting under the CRS, in particular when not all jurisdictions of tax residence are disclosed to the financial institution; notes that in the OECD’s view, the visa schemes which are potentially high-risk for the integrity of the CRS are those that give a taxpayer access to a low personal income tax rate of less than 10 % on offshore financial assets, and do not require a significant physical presence of at least 90 days in the jurisdiction offering the golden visa scheme; is concerned that Malta and Cyprus have schemes59 among those that potentially pose a high risk to the integrity of CRS; _________________ 59 The Cypriot Citizenship by Investment: Scheme for Naturalisation of Investors by Exception, the Cypriot Residence by Investment, the Maltese Individual Investor Programme, and the Maltese Residence and Visa programme.
Amendment 668 #
2018/2121(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Calls on Member States to prevent conflicts of interest linked to CBI and RBI schemes, which might arise when private firms which assisted the government in the design, management and promotion of these schemes, also advised and supported individuals by screening them for suitability and filing their applications for citizenship or residence; emphasizes that customer due diligence (CDD) cannot be outsourced to these private companies since it must be assumed that a conflict of interest prevents them from choosing eligible over solvent candidates;
Amendment 729 #
2018/2121(INI)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Stresses that money laundering can assume various forms, and that the money laundered can have its origin in various illicit activities ranging from terrorism to tax evasion and fraud; notes with concern that the proceeds from criminal activity in the EU are estimated to amount to EUR 110 billion per year64 , corresponding to 1 % of the Union’s total GDP; highlights that the Commission estimates that in some Member States up to 70 % of money laundering cases have a cross-border dimension65 ; further notes that the scale of money laundering is estimated by the UN66 to be the equivalent of between 2 to 5 % of global GDP, or around EUR 715 billion and 1.87 trillion a year; whereas a more coordinated approach to tackling financing of terrorism, which includes closer collaboration between private and public-sector authorities in the area of information sharing, would help improve these figures; _________________ 64 From illegal markets to legitimate businesses: the portfolio of organised crime in Europe, Final report of Project OCP – Organised Crime Portfolio, March 2015. 65 http://www.europarl.europa.eu/news/en/pre ss-room/20171211IPR90024/new-eu-wide- penalties-for-money-laundering; Commission proposal of 21 December 2016 for a directive of the European Parliament and of the Council on countering money laundering by criminal law (COM(2016)0826. 66 UNODC - https://www.unodc.org/unodc/en/money- laundering/globalization.html
Amendment 743 #
2018/2121(INI)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Deplores the fact that a large number of Member States have failed to fully or partially transpose AMLD4 into their domestic legislation within the set deadline, and that for this reason, infringement procedures have had to be opened by the Commission against them, including referrals before the Court of Justice of the European Union67 ; calls on these Member States to swiftly remedy this situation; remindurges Member States ofto fulfil their legal obligation to respect the deadline of 10 January 2020 for the transposition of AMLD5 into their domestic legislation; _________________ 67 On 19 July 2018, the Commission referred Greece and Romania to the Court of Justice of the European Union for failing to transpose the fourth Anti-Money Laundering Directive into their national law. Ireland had transposed only a very limited part of the rules and was also referred to the Court of Justice.
Amendment 745 #
2018/2121(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Recalls the crucial importance of CDD as part of the know-your-customer (KYC) obligation which consists of obliged entities having to properly identify their customers and the source of their funds as well as the ultimate beneficial owners of the assets, including the immobilisation of anonymous accounts; calls on the private sector to take an active role and to be at the front line of defence in combatting financing of terrorism and prevention of terrorist activity, where possible;
Amendment 757 #
2018/2121(INI)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Recalls that KYC and CDD continues throughout the business relationship, and that customers’ ’transactions have to be monitored for suspicious or unusual activities; recalls, in this context, the obligation for obliged entities to promptly inform national FIUs, on their own initiative, of transactions suspected of ML, associate predicate offences or terrorist financing; calls on public and private stakeholders to develop closer working relationships and to exchange best practices in how to combat financing of terrorism and how to mitigate against future incidences of ML inside the EU;
Amendment 795 #
2018/2121(INI)
Motion for a resolution
Paragraph 117 a (new)
Paragraph 117 a (new)
117 a. Believes that any AML institutional set-up needs to be crystal clear on the distribution of responsibilities between the EU and national levels and accompanied by the corresponding accountability requirements; considers that granting AML powers to an EU agency can only be done if appropriate human and financial means are allocated to it;
Amendment 801 #
2018/2121(INI)
Motion for a resolution
Paragraph 119
Paragraph 119
Amendment 807 #
2018/2121(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Recalls that pursuant to AMLD5, the carrying out of AML/CFT investigations should be held at centralised automated mechanisms for banks and payment accounts such as registers and data retrieval systems, as to guarantee the highest levels of data protection and privacy standards;
Amendment 811 #
2018/2121(INI)
Motion for a resolution
Paragraph 122 a (new)
Paragraph 122 a (new)
122 a. Calls for increased scrutiny and continuous supervision of the members of management boards and shareholders of credit institutions, investment firms and insurers in the EU, and stresses in particular the difficulty of revoking banking licences or equivalent specific authorisations;
Amendment 813 #
2018/2121(INI)
Motion for a resolution
Paragraph 123
Paragraph 123
123. Recalls that the ECB has the competence and responsibility for withdrawing authorisation from credit institutions for serious breaches of AML/CFT rules; considers, therefore, that it is essential to guarantee its independence and give it the competences within the framework of the Single Supervisory Mechanism (SSM) to guarantee its functions in AML/ CFT matters, ensuring that the competent authorities exchange confidential information with it.
Amendment 816 #
2018/2121(INI)
Motion for a resolution
Paragraph 124
Paragraph 124
124. Stresses that ESAs, and in particular the EBA, must urgently should be provided with sufficient resource capacity to carry out their oversight functions and improve AML supervision in order to respond to the expectations of Europe’s tax payers; points out that according to the PANA report the EBA has only 0.8 of an employee in charge of this issue;
Amendment 836 #
2018/2121(INI)
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Calls on Member States to establish information sharing arrangements between public authorities, law enforcement and specific private sector stakeholders, such as data providers and credit institutions, who hold relevant financial information relating to financing of terrorism;
Amendment 851 #
2018/2121(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Points out that the non- standardisation of suspicious transaction report formats among Member States and with respect to the different obliged entities leads to difficulties in the processing and exchange of information between FIUs; calls on the Commission to explore mechanisms to set upset up an EU benchmarking system as a tool to standardised the reporting formats for obliged entities in order to facilitate theand enhance the processing and exchangeing of information between FIUs in cases with a cross-border dimension;
Amendment 855 #
2018/2121(INI)
Motion for a resolution
Paragraph 129
Paragraph 129
129. Encourages the competent authorities and FIUs to engage with financial institutions and other obliged entities to enhance suspicious activity reporting, ensuring that FIUs receive more useful, focused and complete information to properly perform their duties, while at the same time ensuring compliance with the General Data Protection Regulationch could include better information exchange between both the private and public sector, while at the same time ensuring compliance with the General Data Protection Regulation; calls on the European Data Protect Board(EDPB) to provide further clarification to market operators processing personal data as part of their due diligence obligations so as to enable them to comply with the EU’s General Data Protection Regulation (GDPR);
Amendment 871 #
2018/2121(INI)
Motion for a resolution
Paragraph 131 a (new)
Paragraph 131 a (new)
131 a. Calls for the harmonisation of CDD at EU level, in particular, enhanced checks and systematic reporting shall be carried by obliged entities when performing CDD relating to business relationships or transactions involving countries identified by the EU Commission as ‘high-risk third countries’; calls for provisions to be made for penalties in the event of negligence or conflict of interests in cases of outsourcing;
Amendment 901 #
2018/2121(INI)
Motion for a resolution
Paragraph 138 a (new)
Paragraph 138 a (new)
138 a. Calls on the Commission to closely monitor technological developments, assess technological risks and potential loopholes, support resilience to a cyberattack or a system breakdown, and promote data protection projects; encourages competent authorities and the Commission to develop stress testing for distributed ledger technologies applications;
Amendment 910 #
2018/2121(INI)
Motion for a resolution
Paragraph 139
Paragraph 139
139. Stresses that the FATF has recently highlighted the urgent need for all countries to take coordinated action to prevent the use of virtual assetcurrencies for crime and terrorism, urging all jurisdictions to take legal and practical steps to prevent the misuse of virtual assets73currencies1a ; reiterates its call for an urgent assessment by the Commission of the implications for money laundering and tax crimes involving e- gaming activities; _________________ 73 FATF, Regulation of virtual assets, 19 October 2018http://www.fatf- gafi.org/publications/fatfrecommendations/ documents/regulation-virtual-assets.html
Amendment 921 #
2018/2121(INI)
Motion for a resolution
Paragraph 140 a (new)
Paragraph 140 a (new)
140 a. Notes that virtual currencies are used by retail investors as substitutes for other assets and that, unlike other financial instruments, virtual currencies are largely unregulated at present;
Amendment 922 #
2018/2121(INI)
Motion for a resolution
Paragraph 141
Paragraph 141
141. Recalls that EU AML legislation requires Member States to lay down sanctions for breaches of anti-money laundering rules; stresses that these sanctions must be effective, proportionate and dissuasive;Stresses that sanctions for breaching anti-money laundering rules must be effective, proportionate and dissuasive, as required in EU AML legislation; said sanctions should be applied to, inter alia, companies that unjustifiably use non-cooperative jurisdictions for money laundering and tax evasion, intermediaries who resort to such jurisdictions and taxpayers (individuals or legal entities)who, to avoid or evade the payment of taxes in any Member State, carry out activities without economic substance in said jurisdictions
Amendment 929 #
2018/2121(INI)
Motion for a resolution
Paragraph 141 a (new)
Paragraph 141 a (new)
141 a. Asks the EBA to monitor national investigations and the corresponding sanctions, and to submit an annual report to the European Commission.
Amendment 930 #
2018/2121(INI)
Motion for a resolution
Paragraph 143 a (new)
Paragraph 143 a (new)
143 a. Regrets that, concerning third countries, sanctions are not always applied or sufficiently deterrent in relevant cases; deplores the fact, in this context, that Member States, in spite of the recommendations put forward by the PANA committee, continue to oppose the imposition by the EU of sanctions on third countries whose tax systems are regarded as damaging to the Union; considers that, concerning the European Union, the Commission shall forward, every two years, to the European Parliament and the Council a report on national practices as regards the imposition of administrative and criminal penalties on legal and natural persons found guilty of fraud and financial crimes with a view to analyse whether different national regimes lead to regulatory arbitrage, whether they have a deterrent effect and are appropriate, taking into account the nature of the infractions and the good faith or not of the taxpayer; the Commission should accompany this report with proposals where relevant;
Amendment 944 #
2018/2121(INI)
Motion for a resolution
Paragraph 147
Paragraph 147
Amendment 965 #
2018/2121(INI)
Motion for a resolution
Paragraph 151
Paragraph 151
151. Welcomes the adoption by the Council of the first EU list on 5 December 2017 and the ongoing monitoring of the commitments made by third countries; notes that the list has been updated several times on the basis of the assessment of those commitments; underlines that this assessment is based on criteria deriving from a technical scoreboard and that Parliament had no legal involvement in this process; criticises that this lack of transparency and democratic oversight delegitimizes the process; calls in this context on the Commission and the Council to inform Parliament in detail ahead of any proposed change to the list; considers that the current list is not exhaustive enough; calls on the Council to publish a regular progress report regarding black- and grey-listed jurisdictions as part of the regular update from the CoC Group to the Council;
Amendment 992 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 a (new)
Paragraph 154 a (new)
154 a. Calls in the specific case of non- cooperative tax jurisdictions inside the EU for measures, such as the suspension of budgetary commitments concerning Union funds, until the national tax legislation complies with regulatory standards (including automatic exchange of information and BEPS implementation);
Amendment 1023 #
2018/2121(INI)
Motion for a resolution
Paragraph 158
Paragraph 158
158. Reiterates its call for the EU to have a leading role in the global fight against tax evasion, aggressive tax planning and money laundering, in particular through Commission initiatives in all related international forums; calls on the EU and Member States to prepare themselves ex ante in order to express a concerted position in those fora;
Amendment 1029 #
2018/2121(INI)
Motion for a resolution
Paragraph 159
Paragraph 159
159. Recalls its position regardingBelieves that the creation of a global tax body within the UN framework, which should be well equipped and have sufficient resources to ensure thatonly makes sense if all countries can participate on an equal footing in the formulation and reform of global tax policies and which has sanctioning powers and does not function by unanimity voting ;
Amendment 1039 #
2018/2121(INI)
Motion for a resolution
Paragraph 160
Paragraph 160
160. Calls for a global summit on remaining necessary global tax reforms in order to enhance international cooperation and put pressure on all countries, in particular their offshore financial centres, to comply with transparency and fair taxation standards; calls for the Commission to take the initiative for such a summit and for the summit to allow for the establishment of the abovementioned global tax body;
Amendment 1054 #
2018/2121(INI)
Motion for a resolution
Paragraph 162 a (new)
Paragraph 162 a (new)
162 a. Acknowledges that tax havens also exist in developing countries and that their political leadership actively pursues such policies;
Amendment 1091 #
2018/2121(INI)
Motion for a resolution
Paragraph 170 a (new)
Paragraph 170 a (new)
170 a. Calls for the Union negotiators to include the issues of, inter alia, financial crimes, tax evasion, tax avoidance, aggressive tax planning and corporate taxation rates when negotiating the details of the future relationship between the EU and the United Kingdom;
Amendment 1123 #
2018/2121(INI)
Motion for a resolution
Paragraph 176
Paragraph 176
176. Notes that the Commission has opened an in-depth investigation of the application of the Madeira Free Zone regional aid scheme by Portugal1a; _________________ 1a An in-depth Commission investigation to examine whether Portugal has applied the Madeira Free Zone regional aid scheme in conformity with its 2007 and 2013 decisions approving it, namely by verifying whether tax exemptions granted by Portugal to companies established in the Madeira Free Zone are in line with the Commission decisions and EU State aid rules; highlights that the Commission is verifying whether Portugal complied with the requirements of the schemes, i.e. whether the company profits benefiting from the income tax reductions originated exclusively from activities carried out in Madeira and whether the beneficiary companies actually created and maintained jobs in Madeira;
Amendment 1134 #
2018/2121(INI)
Motion for a resolution
Paragraph 177
Paragraph 177
177. Welcomes the broad definition of both ‘intermediary’ and ‘reportable cross- border arrangement’ in the recently adopted DAC683 ; recalls the obligation of intermediaries under DAC6 to report structural loopholes in tax legislation to tax authorities, without having to reveal the identities of any potential clients taking advantage of these loopholes at the time; requests that intermediaries that are convicted for participation in and knowledge of fraudulent behaviour of clients are to have their licenses revoked and be banned from practising their occupation henceforth; _________________ 83 OJ L 139, 5.6.2018, p. 1.
Amendment 1160 #
2018/2121(INI)
Motion for a resolution
Subheading 179 b (new)
Subheading 179 b (new)
Recalls the revelations of investigative journalists, which have become known as the LuxLeaks, Panama papers, Paradise papers and CumEx scandals;
Amendment 1163 #
2018/2121(INI)
Motion for a resolution
Paragraph 180
Paragraph 180
180. Believes that the protection of whistle-blowers is of major importance to ensure that unlawful activities and abuse of law are prevented or do not prosper; according to fundamental right to freedom of expression and information; Recognises that whistle-blowers play a crucial role in the fight against corruption and other serious crimes or illegal activities and in the protection of the EU's financial interests; stresses that whistle- blowers are often a crucial source for investigative journalism and should therefore be protected against any form of harassment and retaliation; believes that it is necessary to protect the confidentiality of investigative journalism’s sources, including whistle- blowers, if the role of investigative journalism as a watchdog in democratic society is to be safeguarded;
Amendment 1168 #
2018/2121(INI)
Motion for a resolution
Paragraph 180 a (new)
Paragraph 180 a (new)
180 a. Welcomes the proposal for a Directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law.
Amendment 1176 #
2018/2121(INI)
Motion for a resolution
Paragraph 181 a (new)
Paragraph 181 a (new)
181 a. Highlights that the safeguarding of confidentiality and anonymity contributes to the creation of more effective channels for reporting fraud, corruption or other serious infringements.
Amendment 1216 #
2018/2121(INI)
Motion for a resolution
Paragraph 192
Paragraph 192
192. NotDeplores that, despite requests to the Council, no relevant documents have been made available to the TAX3 Committee; calls into question, therefore, the political will of the Council to enhance transparency and cooperationis greatly concerned about the lack of political will of the Member States in the Council to take substantial steps in the fight against money laundering, tax fraud, tax evasion and aggressive tax planning or to comply with the TEU and the principle of sincere cooperation by ensuring sufficient transparency and cooperation with the other EU institutions;
Amendment 1221 #
2018/2121(INI)
Motion for a resolution
Paragraph 192 a (new)
Paragraph 192 a (new)
192 a. Recalls that taxation is a national competence and that the European Parliament has very limited powers in these matters; points out that issues of tax fraud, tax evasion and aggressive tax planning cannot be effectively tackled without political will by Member States and the Council
Amendment 1232 #
2018/2121(INI)
Motion for a resolution
Paragraph 199 a (new)
Paragraph 199 a (new)
199 a. Calls for the creation of a new Union Tax Policy Coherence and Coordination Centre (TPCCC)within the structure of the Commission that can assess and monitor Member States’ tax policies at Union level and ensure that no new harmful tax measures are implemented by Member States; such a TPCCC should be able to monitor Member States’ compliance with the common Union list of uncooperative jurisdictions in addition to ensuring and fostering cooperation between national tax administrations 1a; _________________ 1a According to recommendations made by the TAXE2 and PANA Committees.
Amendment 1239 #
2018/2121(INI)
Motion for a resolution
Paragraph 201
Paragraph 201
201. Takes note of the persons whoStrongly regrets that the persons referred to in Annex XX refused to participate in TAX3 committee hearings as referred to in Annex XX;
Amendment 1241 #
2018/2121(INI)
Motion for a resolution
Paragraph 202
Paragraph 202
202. Calls on the Council and the Commission to agree on the establishment of a publicly accessible and regularly updated list of non-cooperative non- institutional parties in the interinstitutional agreement on a mandatory transparency register for lobbyists; considers, in the meantime, that a record should be kept of those stakeholders who have notindividuals and organisations who without justifiable reason refused to attended the committee’s public meetingsTAXE, TAX2, PANA and TAX3 committee hearings and that their access badges to the European Parliament should be withdrawn;
Amendment 1265 #
2018/2121(INI)
Motion for a resolution
Paragraph 205
Paragraph 205
205. WelcomUrges the Commission’ to go forward with its intention to propose qualified majority voting for specific and pressing tax policy issues where vital legislative files and initiatives aimed at combating tax fraud, tax evasion, aggressive tax planning or financial crimes have been blocked in the Council to the detriment of Member States and the Union as a whole;
Amendment 1281 #
2018/2121(INI)
Motion for a resolution
Paragraph 207
Paragraph 207
207. Takes the view that the enforcement of the work of the TAXE, TAX2, PANA and TAX3 committees should be continued,followed up in the forthcoming parliamentary term, in a permanent structure within Parliament such as a subcommittee to by the Committee on Economic and Monetary Affairs (ECON);
Amendment 1 #
2018/2046(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the increase (+6.7%) of commitment appropriation for Heading III (Security & Citizenship) from 3.49 billion euros in 2018 to 3.73 billion euros in 2019; highlights that this increase requires to top- up the ceiling of Heading III by more than 25% to supplement it by 927.5 million euros in 2019 ( +10% compared to 2018); notes that this is the fifth year in a row that the flexibility instrument is invoked to support actions that are under implementations since 2015; invitwelcomes, therefore, the Commission, as part’s proposal ofn the new post -2020 MFF, to establish a permanent and sustainable mechanism forwhich increases financing for migration and security actions and to only rely on flexibility mechanisms for financing true unforeseen crises;
Amendment 5 #
2018/2046(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the rebalancing of commitment appropriations between ISF and AMIF in favour of the latter following outcome of the mid-term review of the two programs and as a result of the continued pressure on the migration front; welcomfurther notes the very significant increase of AMIF commitment appropriations by 401.7 million euros (+56%) in order to finance the new Dublin legislation (assuming it is adopted by the end of 2018) and an envelope of 175 million euros requested for Greece following notably, the end of the Emergency Humanitarian Support instrument on 1 January 2019;
Amendment 8 #
2018/2046(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the decrease in appropriations for the Internal Security Fund (ISF) by €191.5m for 2019; takes the view that any increase of allocations to the AMIF should be matched by an increase in funding for border control and tackling cross border crime;
Amendment 11 #
2018/2046(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the establishment of a budget of 4.9 million euros for the EPPO which will prosecute cross-border crime; regrets however that Eurojust is the only JHA agency facing budgetary cuts in 2019, involving a counter-productive reduction of commitment appropriations for the Justice Program by -2.5funding for the Justice Program will be reduced by 2.5 million euros (5.4%); further regrets the reduction in Eurojust's budget of 1 million euros (-5.4%)2.7%) in 2019; expresses its concern that such a reduction iss are untenable given the operational growth and the political priorities in security and justice; calls on the Commission to provide Eurojust with a budget for 2019 that is at least at the same level than in 2018 (€38.6 million), while providing Eurojust with a total of 217 posts for 2019; points out as well in this context that the current Commission proposal for the funding of Eurojust in the next 2021- 2027 MFF is insufficient as it corresponds to a cut of 15% on an annual basis compared to 2018;
Amendment 17 #
2018/2046(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. underlines Europol´s increasing role in combating terrorism and organized crime, as well as in strengthening cross- border cooperation in the field of law enforcement; deeply regrets that the draft EU budget for 2019 put forward by the Commission implies a reduction of 21 million EUR and 38 temporary agent posts, compared to the proposal for 2019 agreed by the Member States in the Europol Management Board; calls for appropriate funding adjusted to the Agency´s needs;
Amendment 20 #
2018/2046(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. stresses that the proposed 2019 budget does not meet the levels required by Europol´s role in fighting trans-border serious crime, including money laundering and cybercrime and in preventing and fighting terrorism; this even represents a substantial reduction compared to the budget currently being implemented; is concerned that insufficient budgeting has led to the de- prioritization of important operational technological initiatives and activities; asks for financial allocations of 143,3 million EUR, in line with the Agency´s draft budget for 2019 endorsed by the Member States and the Commission in the Management Board;
Amendment 30 #
2018/2046(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the increase (16%) of EDPS administrative expenditure to cover its new responsibilities for the Secretariat of the European Data Protection Board, its additional needs in relation with the new data protection rules in the EU institutions and for the monitoring and ensuring compliance with the data protection rules of ex-third pillar agencies; regrets that the Budget of FRA was not increased as the agency is expected to be confronted to new tasks and responsibilities in 2019 as fundamental rights aremain under an ongoing pressure;
Amendment 34 #
2018/2046(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the very significant increase from 10 billion euros in 2018 to 11.38 billion euros in 2019 (+13.1%) of commitment appropriations as well as of payment appropriations (17,0%) for heading IV (Global Europe); welcomes the proposed full use for 2019 of the unallocated margin under heading IV, as well as 1 116,2 million euros from the Global margin for commitments in order to reinforce Humanitarian Aid and the European Neighbourhood Instrument (ENI) for the pledges made at the 2018 Syria conference; notes that 1.45 billion euros are budgeted in the EU budget to finance the “Facility for Refugees in Turkey II” (FRT II) and that 560 million euros are budgeted for addressing the Syrian Crisis; stresses the very steep increase of EU contribution of the EU budget to the FRT II; calls on the Commission to effectively monitor the proper allocation and implementation of this contribution in view of the ongoing deterioration in fundamental rights and freedoms, the rule of law and the lack of judicial independence in Turkey.
Amendment 31 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG) and on a bilateral and multilateral basis; whereas the CTG has a platform for the exchange of operational intelligence that has improved the speed and quality of shared intelligence; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably through Europol’s European Counter Terrorism Centre (ECTC) and the EU Intelligence and Situation Centre (EU INTCEN);
Amendment 44 #
2018/2044(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Public Prosecutor’s Office as established by Council Regulation (EU) 2017/1939 does not have the investigatory competence for countering terrorism; whereas investigations related to acts of terrorism often require various Member States to cooperate with each other;
Amendment 53 #
2018/2044(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU Counter- Terrorism Coordinator plays an important role in tracking the implementation of the EU counter-terrorism strategy; whereas the Counter-Terrorism Coordinator helps strengthen the coordination between EU institutions;
Amendment 131 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalisation; whereas child returnees pose specific problems as they can be both victims and potential perpetrators at the same time;
Amendment 181 #
2018/2044(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
U a. whereas terrorism seeks to weaken and defeat democracies; whereas politicians and governments are crucial actors to achieve broad consensus and social resilience in order to effectively defend our democratic systems.
Amendment 211 #
2018/2044(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas it isEuropol data estimateds that, by 2018, there are between 50 000 aaround 730 000 radicalised jihadists in the EU;
Amendment 215 #
2018/2044(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas a violent radicalised discourse has been increasingly present in the territory of the EU, often in the form of books, teaching or audiovisual content, including satellite TV channels; whereas this discourse opposes European valuedemocracy, rule of law and human rights, undermines pluralism, promotes violence and intolerance against all other religions, is openly anti-Semitic, refuses equality between men and women, and rejects the science and education which have been promoted by Islam during centuries;
Amendment 227 #
2018/2044(INI)
Motion for a resolution
Recital AC a (new)
Recital AC a (new)
AC a. whereas Radical Islamic Fundamentalism aspires for religion to dominate all spheres of life -individual, political and social - whose consequence may be a form of communitarianism sensitive to the actions of jihadist recruiters.
Amendment 241 #
2018/2044(INI)
Motion for a resolution
Recital AE
Recital AE
AE. whereas there are self-designated religious teaching centres propagating extremist ideas in the EU, in which youngsters, including young children, are exposed to a learning content based on anti-European valuescontrary to democracy, the rule of law and human rights, and violent content; whereas radical organisations often exploit the vulnerabilities of young people by attracting them with social and cultural offers;
Amendment 258 #
2018/2044(INI)
Motion for a resolution
Recital AH
Recital AH
AH. whereas according to figures provided by Europol’s Internet Referral Unit (IRU) has made more than 50 000 referrals and on average 87 % of the content referred to companies by the IRU has been removed on the basis of voluntary consideration of the compatibility of the referred internet content with their own terms and conditions;, by December2017 the EU IRU had assessed 42 066 pieces of content, which triggered 40 714 decisions for referral across over 80 platforms in more than10 languages, and in 86% of the cases, resulted in removal of content
Amendment 285 #
2018/2044(INI)
Motion for a resolution
Recital AJ a (new)
Recital AJ a (new)
AJ a. whereas increasingly common use of the CGN (Carrier grade network address translation) by Internet access providers is complicating police investigations related to terrorism; whereas this technology enables access providers to share a single IP address among multiple users simultaneously, making it technically impossible for them to comply with their legal obligation to identify individual users, given that over a thousand subscribers may share a same IP address;
Amendment 295 #
2018/2044(INI)
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AK a. whereas contact with radicalised people in prisons cannot be successful without cooperation between professionals, chiefs of prisons and police and intelligence services, including the post-prison transition;
Amendment 310 #
2018/2044(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
ALa. whereas policing and intelligence services receive, process and transfer both classified and unclassified information, which involves different regimes at every stage of using the information; whereas it is also necessary to distinguish between information used as intelligence, i.e. information that is processed by professionals for a specific purpose, and regular information; whereas it is necessary to at least distinguish between criminal intelligence, which is related to a police criminal case, from security intelligence, which is processed within an administrative framework;
Amendment 326 #
2018/2044(INI)
Motion for a resolution
Recital AN a (new)
Recital AN a (new)
AN a. whereas the SIS is the biggest, most widely used and most efficient IT system of the European Union in the area of freedom, security and justice, and is supported by the network of SIRENE Bureaux, providing significant added value in the field of international police cooperation and border control and particularly in the fight against terrorism.
Amendment 327 #
2018/2044(INI)
Motion for a resolution
Recital AO
Recital AO
AO. whereas there is a significant increase of information exchanges since Paris attacks in 2015 but data about information exchanges show that a small number of countries are responsible for a large proportion of available content in and searches of EU databases;
Amendment 353 #
2018/2044(INI)
Motion for a resolution
Recital AX a (new)
Recital AX a (new)
AX a. whereas six Member States are already involved in a pilot project known as ADEP for the automated transmission of police records between different countries and this project is working well.
Amendment 359 #
2018/2044(INI)
Motion for a resolution
Recital AY a (new)
Recital AY a (new)
AY a. whereas the principle of data ownership is crucial for ensuring confidence of the CT authorities in sharing information via EU databases between Member States and with Europol;
Amendment 360 #
2018/2044(INI)
Motion for a resolution
Recital AY b (new)
Recital AY b (new)
AY b. whereas communicating the post- hit information only to the SIRENE Bureau of the Member State issuing the alert under Article 36 and not to other Member States is sometimes insufficient for the purposes of following up the movements of the individuals related to terrorism or completing the relevant information in respect of such individuals; whereas the early warning of other Member States that could be concerned could be for example necessary where the person did not return directly to the Member State of origin or where s(he) was accompanied by nationals of another/other Member State(s) in respect of whom no alert had been issued since they remained unknown to the latter's competent authorities;
Amendment 383 #
2018/2044(INI)
Motion for a resolution
Recital BB a (new)
Recital BB a (new)
BB a. whereas it is possible to increase the effectiveness in the use of the structures of the Counter Terrorism Group (CTG) and the EU Intelligence and Situation Centre (EU INTCEN) for the exchange of information;
Amendment 424 #
2018/2044(INI)
Motion for a resolution
Recital BL a (new)
Recital BL a (new)
BL a. whereas since 7 April 2017 the new Regulation 2017/458 amending the Schengen Borders Code entered into force in response in particular to the worsening of the terrorist threat in order to provide for systematic checks on all persons crossing the external borders, including individuals enjoying the right of free movement against relevant databases;
Amendment 425 #
2018/2044(INI)
Motion for a resolution
Recital BL b (new)
Recital BL b (new)
BL b. whereas there is a lack of implementation in some areas of the regulation governing certain fields of border control, such as the systematic consultation of databases during border checks and thorough checking of the required entry conditions;
Amendment 441 #
2018/2044(INI)
Motion for a resolution
Recital BP a (new)
Recital BP a (new)
BP a. whereas, criminals can still today be recorded in different databases that are not connected under different aliases; whereas the current EU data management architecture therefore needs to be improved by the interoperability to eliminate blind spots, multiple false identities and provide the right information at the right time;
Amendment 444 #
2018/2044(INI)
Motion for a resolution
Recital BQ a (new)
Recital BQ a (new)
BQ a. whereas there are currently no minimum standards and common rules for the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement;
Amendment 447 #
2018/2044(INI)
Motion for a resolution
Recital BR
Recital BR
BR. whereas the fact that Member States, and more specifically the airport operato carriers on their territory, are not yet obliged to conduct conformity checks on passengers’ personal data on their ticket and ID card or passport, which makes it difficult to ascertain whether the given identity matches the true identity of the person;
Amendment 451 #
2018/2044(INI)
Motion for a resolution
Recital BR a (new)
Recital BR a (new)
BR a. whereas three quarters of the fraudulent documents detected at the external borders and in the EU imitate identity documents issued by the Member States and countries associated with the Schengen area; whereas national identity cards with a lower degree of security are the most frequently detected fake ones;
Amendment 466 #
2018/2044(INI)
Motion for a resolution
Recital BU
Recital BU
BU. whereas several Member States have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, also known as the "Warsaw Convention", which constitutes the most comprehensive international convention on money laundering and terrorist financing has been ratified by only 21 Member States so far; whereas confiscating assets generated by criminal activities is a very efficient tool to fight crime and terrorism, as it deprives criminals from the proceeds of their illegal activities and terrorists from organising an attack;
Amendment 467 #
2018/2044(INI)
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the FATF sets the global standards for Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) and identifies jurisdictions with weak measures to combat money laundering and terrorist financing; whereas as of June 2018, the FATF has reviewed over 80 countries and publicly identified 65 of them as presenting strategic deficiencies in their AML/CFT regimes; whereas out of these 65, 55 have since made the necessary reforms to address their weaknesses;
Amendment 468 #
2018/2044(INI)
Motion for a resolution
Recital BU b (new)
Recital BU b (new)
BU b. whereas the EU adopted two legislative instruments to implement FATF recommendations, revised in 2012 Directive 2015/849 on the prevention of the use of the financial system for the purpose of money laundering (the fourth AML Directive), and Regulation 2015/847 on information accompanying transfers of funds, both revised in 2018 (5th AML Directive), in order to address the gaps identified in the light of terrorist attacks and various tax leaks; whereas Member States had until 26 June 2017 to transpose the 4th Anti-Money Laundering Directive into their national legislation and whereas not all Member States have done so1a; __________________ 1a As of July 2018, the Commission has opened infringement procedures for non- communication of transposition measures against 20 Member States: 3 are currently at the stage of court referrals, 9 at the stage of reasoned opinions, and 8 at the stage of Letters of Formal Notice;
Amendment 470 #
2018/2044(INI)
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the European Parliament's Committee of Inquiry into Money laundering, tax avoidance and tax evasion (PANA) verified how tax evaders count on the active help of professional intermediaries, who apparently fulfil the legal obligations;
Amendment 471 #
2018/2044(INI)
Motion for a resolution
Recital BU b (new)
Recital BU b (new)
BU b. whereas in July 2017 the European Commission and Europol obtained the observer status of the Egmont Group, an international united body composed of 156 financial intelligence units (FIUs), with the aim of increasing cooperation between FIUs, but also among other competent authorities;
Amendment 472 #
2018/2044(INI)
Motion for a resolution
Recital BU c (new)
Recital BU c (new)
BU c. whereas the European Agenda on Security of April 2015 highlighted the need to tackle the nexus between terrorism and organized crime, underlining that organised crime feeds terrorism through various different channels, inter alia supplying weapons, financing through drug smuggling, and infiltrating financial markets;
Amendment 473 #
2018/2044(INI)
Motion for a resolution
Recital BU d (new)
Recital BU d (new)
BU d. whereas recent data leaks have proven the links between money laundering and tax evasion on the one hand and organised crime and financing of terrorism on the other hand; whereas, as acknowledged by the Commission, recent media reports have also linked large-scale VAT and excise fraud with organised crime, including terrorism;
Amendment 478 #
2018/2044(INI)
Motion for a resolution
Recital BV
Recital BV
BV. whereas social media fundraising, abuse and misuse of non-profit organisations and small wire transfers are funding methods for Daesh and other terrorist organisations; whereas micro lending platforms are used to facilitate all three of these typologies;
Amendment 481 #
2018/2044(INI)
Motion for a resolution
Recital BV a (new)
Recital BV a (new)
BV a. whereas alongside traditional terrorist financing methods like private donation, extortion, kidnapping for ransoms, abuse and misuse of non-profit organisations, formal and informal remittance systems, the use of proceeds of criminal activities, cash or funds transfer through banks, recent terrorist attacks have shown that emerging financing methods like the use electronic, online and new payment methods like virtual currencies or anonymous prepaid cards also pose a risk which may increase in the future;
Amendment 565 #
2018/2044(INI)
Motion for a resolution
Recital CY a (new)
Recital CY a (new)
CY a. whereas the Council Conclusions on EU External Action on Counter- terrorism adopted on 19 June 2017, recall the role of the Common Security and Defence Policy (CSDP) missions and operations in combating terrorism, through enhancing security, stability, border control and security sector reform, in building counter-terrorism capacity and information sharing;
Amendment 567 #
2018/2044(INI)
Motion for a resolution
Recital CZ
Recital CZ
Amendment 576 #
2018/2044(INI)
Motion for a resolution
Recital DA
Recital DA
DA. whereas deaths destroy families and leave a legacy of irrevocable sadness, and many of the injured survivors of terrorist attacks suffer disfiguring and life- changing loss of senses and limbs and their plight impacts heavily on close family, while too often once the media spotlight has passed, the long-term needs of the victims are neglected;
Amendment 581 #
2018/2044(INI)
Motion for a resolution
Recital DB a (new)
Recital DB a (new)
DB a. whereas the difference between victims of terrorism and other traumatized groups of victims is especially psychosocial; whereas victims of terrorism are at risk of secondary victimization affecting them not only in judicial proceedings, but also in the many interactions they have with other State and non-State entities;
Amendment 584 #
2018/2044(INI)
Motion for a resolution
Recital DB b (new)
Recital DB b (new)
DB b. whereas at European level there is not a defined legal statute for victims of terrorism for the purposes of access to community services or compensation rights;
Amendment 615 #
2018/2044(INI)
Motion for a resolution
Recital DH a (new)
Recital DH a (new)
DH a. whereas one of the basic principles of democracy and the rule of law is the freedom of conscience that includes ideological and religious freedom; whereas the Charter of Fundamental rights enshrines the mentioned rights in Article 10;
Amendment 642 #
2018/2044(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, at this stage, the EU and the Member States should improve cooperation through existing European agencies and bodies and Member States’ security and justice institutions;
Amendment 655 #
2018/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Council to retain the post of EU Counter-Terrorism Coordinator, a measure taken following the adoption of the declaration on combating terrorism on 25 March 2004;
Amendment 659 #
2018/2044(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to conduct impact assessments and local elected representative, local operator, citizen and expert stakeholder consultations of future counter- terrorism legislative proposals;
Amendment 662 #
2018/2044(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the jurisdiction of the European Public Prosecutor’s Office to be expanded to cover counter-terrorism within the framework of cross-border affairs and for its investigatory powers to be strengthened so that the European Public Prosecutor’s Office can open and conduct European investigations, in cooperation with Eurojust and Member States’ legal authorities;
Amendment 696 #
2018/2044(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to establish and maintain appropriate ‘civil defence’ measures for preparedness against CBRN attacks by recruiting qualified and regularly trained personnel incorporating both full-time and voluntary staff, as well as appropriate technical infrastructure including response resources such as specialised detection vehicles, care for victims, etc., and the sharing of best practice; emphasises that these measures must be in line with a multidisciplinary strategy that contains methods of coordination, notification procedures, standard protocols, evacuation planning, public alarm systems and incident reporting; calls on the Commission and the Member States to gradually harmonise these strategies;
Amendment 715 #
2018/2044(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that terrorists have been known to start off in petty crime; is concerned that certain Member States’ justice systems have low conviction rates, with inadequate sentences being issued for serious crime and radicalised individuals being released prematurely or on parole; Therefore eEncourages Member States to organise their justice systems such as to ensure effective intervention vis- à-vis habitual offenders and sufficient dissuasiveness for such offenders;
Amendment 742 #
2018/2044(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the creation of an EU ‘Centre of Excellence for Preventing Radicalisation (CoE PR)’, to be embedded in the Commission with adequate financial and human resources; believes its tasks should include coordination, including of funding, and facilitation of cooperation among Member States, policymakers, practitioners (by involving former RAN and ESCN structures), experts and researchers in the area of preventing and countering radicalisation, exchange of best practices, lighthouse projects and training of different professionals, including judges and prosecutors, also by partnering with key strategic third countries; considers that this centre should also establish methodologies to evaluate and measure the effectiveness of programmes and projects;
Amendment 748 #
2018/2044(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to mobilize the FRA in a more targeted way to support EU initiatives on prevention of radicalisation, integration and values, while upholding fundamental rights;
Amendment 749 #
2018/2044(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on EU ‘Centre of Excellence for Preventing Radicalisation (CoE PR)’ to carry out a follow-up of action plans against radicalisation in prisons and in post-prison transition;
Amendment 759 #
2018/2044(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to identify objective indicators that will enable local and regional authorities to map out the local specificities of violent radicalisation, including the identification of vulnerable groups, this will help tailor anti-radicalisation programmes to the specific situation in a particular area;
Amendment 768 #
2018/2044(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the creation of a European Simone Veil Resilience Prize, which would be awarded every year to the best social and cultural project at local level in the EU, promoting societal engagement, EU fundamental values, inclusiveness and democracy with the aim of building resilient societies that are immune to polarisation and radicalisation;
Amendment 772 #
2018/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission and the Member States to make a greater effort to build a framework from which to propose public policies of integration, in collaboration with local administrations, and assess their impact, mobilizing cross- cutting economic resources, technical and human resources, involving different Directorate-Generals (DGs), agencies and bodies, in order to avoid ghettos and the absence of law;
Amendment 784 #
2018/2044(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and tolerate only ‘practices of Islam’ that are in full accordance with EU valuedemocracy, rule of law and human rights; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities
Amendment 795 #
2018/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to conduct prior screenings of chaplains and to consistently blacklist any hate preachers; calls on the Commission to introduce an EU watch listMembers States to consistently and systematically upload that information to relevant existing national and European systems and data bases so as to better exchange information on radical chaplains;
Amendment 806 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU, with accrediting theological education programmes integrating EU valufully compatible with democracy, rule of law and human rights, with the neutrality and democratic laicism of European countries; invites the Commission and the Member States to develop and fundencourage a network of European religious scholars that can spread omote- and testify to - practices of Islam that are compliant with EU valuedemocracy, rule of law and human rights;
Amendment 817 #
2018/2044(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 824 #
2018/2044(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to implement the CT Directive under which incitement to commit a terrorist act is a criminal offence, in order to exclude hate preachers from public activity using all legal measures, including refusal of visas or expulsion from EU territory, and to start judicial proceedings against such preachers;
Amendment 835 #
2018/2044(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Member States to close without delay mosques and places of worship and ban associations that do not adhere to EU valuedemocracy, rule of law and human rights and incite to terrorist offences, hatred, discrimination or violence;
Amendment 847 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to examine how to ensure that places of worship, education, charities, cultural associations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up with all the appropriate guaranteesin accordance with the EU rule of law;
Amendment 858 #
2018/2044(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to ban and remove all religious literature within their territory that incites toexplicitly incites to carry out violent and terrorist acts; asks for such literature to be removed from online platforms and shops as part of the referrals by the Internet Referral Unit;
Amendment 867 #
2018/2044(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights that Member States have to ensure that all educational institutions provide education in accordance with the European Convention on Human Rights, through checks on curricula, regular inspections and sanctions for non- compliance;
Amendment 871 #
2018/2044(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to establish binding procedures for schools for tackling the challenge of radicalised pupils, and to offer training for teachers with regard to this; stresses the need for involvement of law enforcement and justice bodies in the process of addressing radicalisationpolicies for the prevention of violent radicalization, both specific (vulnerable groups) and non-specific (general), including the educational community;
Amendment 883 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Believes that gatherings in schools with victims and people who have overcome violent radicalization could be an effective tool for preventing counter- radicalisation;
Amendment 899 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and full removal of terrorist content; requestwelcomes the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to introduceing clear reporting obligations on the incidence of terrorist content and removal rates, as well as sanctions for non- compliance;
Amendment 908 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation of an online European platform that citizens can use in order to flag terrorist and extremist content onlineWelcomes the work done by the Europol’s European Union Internet Referral Unit (EU IRU) who track the content of "terrorist propaganda" or "violent extremism" on the Internet, and report them to the platforms for immediate suppression;
Amendment 925 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on Member States that have not yet done so to conclude a voluntary code of conduct with access providers undertaking to limit the number of users of any IP address and restrict the use of CGN technology and ensure as soon as possible the transition to the new generation Internet Protocol version offering an unlimited combination of IP addresses; asks the Commission, if necessary, to table a legislative proposal in this area;
Amendment 937 #
2018/2044(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on Member States to ensure safe and orderly prison conditions and to create specific procedures forand indicators to identify and deal with radicalised inmates, in order to prevent radicalisation of others, as well as to ensure targeted monitoring and targeted disengagement measures, and to train prison staff accordingly;
Amendment 968 #
2018/2044(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges Member States to implement, fully and on time, the existing legislation, and calls on the Commission to provide the necessary support; calls on the Commission to analyse the shortcomings in the transposition, implementation and application of the existing legislation, and to use its powers to initiate infringement proceedings when Member States fail to properly implement legislation;
Amendment 972 #
2018/2044(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges Member States to ensure that they have the necessary technical equipment (for example mobile devices allowing the police to check the biometrics of a person during on-the-spot checks), software, security systems and qualified staff to make full use of the existing information systems and cooperation mechanisms;
Amendment 980 #
2018/2044(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Deplores the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;(Does not affect the English version)
Amendment 991 #
2018/2044(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to respectcomply with their obligations under the CT Directive to exchange relevant information in connection with terrorist offences as soon as possible with the competent authorities of other Member States, not only on request but also spontaneously; competent law enforcement authorities should, without any prior request being necessary, provide to the competent law enforcement authorities of other Member States information and intelligence in cases where there are factual reasons to believe that this information and intelligence could assist in the detection, prevention or investigation of offences;
Amendment 993 #
2018/2044(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on Member States to ensure that information in connection with terrorist offences is consistently and systematically uploaded to European systems and platforms, particularly in the alert under Article 36 of the SIS II Regulation and synchronised where possible by implementing a consistent three-tier information sharing approach by making optimal and consistent use of SIS and Europol data that Europol processes for cross-checking and for analysis in the relevant analysis projects;
Amendment 1008 #
2018/2044(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls on the Commission to table a legislative proposal to extend the pilot project ADEP to all the Member States and Europol and to frame this project with a clear EU legal basis;
Amendment 1013 #
2018/2044(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Urges the Member States to systematically check all relevant databases and information systems and introduce all useful datadata that meet the quality requirements of the respective information systems in a timely manner;
Amendment 1025 #
2018/2044(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;
Amendment 1027 #
2018/2044(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;(Does not affect the English version)
Amendment 1028 #
2018/2044(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Welcomes the new type of alert: an "inquiry check" under Article 36 of the SIS and the new obligation for an immediate reply by the SIRENE Bureau in case of an alert linked to terrorism which complements the existing tools available to competent authorities for identifying and investigating on individuals related to terrorism;
Amendment 1033 #
2018/2044(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Welcomes the creation of the European travel information and authorisation system (ETIAS) which will be applied to visa-free nationals of third countries;
Amendment 1041 #
2018/2044(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for private planes, and charter flights and travel agencies to be covered by the EU PNR Directive and for air carriers to be obliged to collect PNR data;
Amendment 1047 #
2018/2044(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls on the Member States to interconnect their PIUs in order to facilitate the exchange of PNR, data and calls on the Commission to propose technological solutions to make the exchange of PNR data and their integration into different systems less time-consuming and demanding in terms of human resources by automating the processing of requests from one PIU to another; encourages, therefore, projects such as the ISF project led by the Netherlands to develop PIU.net based upon the established FIU.net; asks the Commission, together with Europol, to support the development of joint targeting rules and risk assessments to be applied by the Member States, in order to enable Europol to search national PNR data with central algorithms;
Amendment 1049 #
2018/2044(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Calls on the Commission to implement common standards for analysis of PNR data so as to identify suspicious persons or behaviours that would then be regarded as relevant for the purposes of Article 9 of the PNR Directive and thus sent to other Member States systematically and automatically;
Amendment 1068 #
2018/2044(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48 a. Calls on the Member States for the full implementation of the Prüm Convention and EU Council Decision 2008/615/JHA, and adhesion to the European Information Exchange Model and the Swedish Initiative;
Amendment 1073 #
2018/2044(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Welcomes the proposed regulations on interoperability, and calls for additional information systems, including decentralised European and national systems, to be included in the future; asks Member States to engage proactively in this process; is convinced that interoperability is vital for bringing all relevant and necessary information together, in particular identity data, while respecting access rights and purpose limitation;
Amendment 1077 #
2018/2044(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Calls for the delineation of harmonised minimum data quality standards for data input, to be established at EU level, according to the criteria of the new data protection package, and applied across IT systems in order to ensure consistent quality of the data therein; urges eu-LISA to elaborate common indicators and checks and to develop a central monitoring capacity for data quality for all systems under its competence; calls for the implementation of automated data quality control mechanisms as proposed by the Commission; further recommends that when eu-LISA notes irregularities in its quality reports to the Member States, the Member State concerned should be obliged to correct the data or justify the lack of correction;
Amendment 1086 #
2018/2044(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Calls to optimize the collaboration and coordination system defined by the Counter Terrorism Group (CTG) in order to reinforce the preventive function;
Amendment 1087 #
2018/2044(INI)
Motion for a resolution
Paragraph 53 b (new)
Paragraph 53 b (new)
53 b. Calls to optimize the work of the EU Intelligence and Situation Centre (EU INTCEN) to increase its effectiveness in the fight against terrorism;
Amendment 1092 #
2018/2044(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Calls on the Member States to explore new approaches to intensifying cooperation and exchange of information between law enforcement and intelligence services at national level, e.g. through secure, pseudonymised hit/no hit search solutions, which preserve the necessary separation between law enforcement and intelligence work and the required principles of information ownership and source protection;
Amendment 1099 #
2018/2044(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
Amendment 1106 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to support the CTJLT, including special funding; advises the Member States to set up a European Intelligence Academy in order to coordinate intelligence services within the Member States and to enhance interaction between them by developing good practices and training programmes, the ultimate aim being to create a truly European network;
Amendment 1120 #
2018/2044(INI)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57 a. Calls on the Commission to determine, with the active participation and agreement of experts from the Member States, good practices in terms of follow-up procedures for hits on persons involved in terrorism or terrorism-related activities under Article 36 and to incorporate these into the SIS/SIRENE Best Practices Catalogue and amend the SIRENE Manual, if necessary;
Amendment 1122 #
2018/2044(INI)
Motion for a resolution
Paragraph 57 b (new)
Paragraph 57 b (new)
57 b. Calls on the Commission to implement a "post-hit" information exchange mechanism that would enable all or at least Member States concerned to be informed of the hits generated by the movements of persons involved in terrorism or terrorism-related activities; underlines the need for mapping of the travel movements of FTFs/returnees/ persons involved in terrorist activities based on SIS hits in order to gain a clear and comprehensive picture that can provide a basis for taking further measures;
Amendment 1129 #
2018/2044(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for Europol to become a veritable hub for information exchange and cooperation in the field of counter- terrorism in the EU, if necessary with a stronger mandate;
Amendment 1133 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Invites Europol to make full use of its current rights to access SIS, VIS and Eurodac with the purpose of enhancing interoperability, while respecting fundamental rights and data protection legislation;
Amendment 1134 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Calls on the Commission to strengthen Europol's mandate so it is given proper investigative powers within Europe, while also ensuring it has the legal capacity to conduct criminal proceedings;
Amendment 1135 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 b (new)
Paragraph 58 b (new)
58 b. Calls on Europol to ensure the timely availability of QUEST to Member States, with the purpose of enhancing interoperability;
Amendment 1140 #
2018/2044(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Urges Member States to ensure full flexibility for contacts between Europol and the relevant authorities when it comes to terrorist offences, considering that in the field of CT speed is often essential; encourages Member States to use ‘on-the- spot deployments’ of Europol specialists, as this increases trust and reduces administrative burdens; calls on the Member States to ensure direct access of Member States’ law enforcement CT services (beyond federal/central level) to Europol's services;
Amendment 1152 #
2018/2044(INI)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63 a. Welcomes the new provision in the future SIS II allowing Europol, unless legal or operational reasons require otherwise, to be informed of any new alert or any hit linked to terrorism in the SIS; notes this will allow cross-checks and, if deemed appropriate, operational and/or thematic analyses, in order to proceed with the mapping of travel patterns and/or to analyse the located individual(s)'s possible connections; calls on the Commission to quickly implement in an automatic way this new possibility;
Amendment 1154 #
2018/2044(INI)
Motion for a resolution
Paragraph 63 b (new)
Paragraph 63 b (new)
63 b. Calls on Europol to fully develop biometric capacity as soon as possible, as it would be important for Member States to increasingly share biometric information with Europol;
Amendment 1162 #
2018/2044(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64 a. Calls on the Member States and Europol's support and contribution to the watch list to be developed for ETIAS and for the VIS as well as cooperation between Europol and Member States for the purpose of an assessment of visitors’ applications prior to their arrival at the external borders crossing points;
Amendment 1165 #
2018/2044(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Calls on the Member States to systematically involve Eurojust in their counter terrorism investigations and prosecutions with a cross-border dimension and make efficient use of Eurojust’s coordination tools;
Amendment 1170 #
2018/2044(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Calls on Eurojust to continue enlarging its network of contact points in third countries, and encourages the posting to Eurojust of more liaison prosecutors, for example from the Western Balkans;(Does not affect the English version.)
Amendment 1171 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Call for more systematic cooperation among the JHA agencies working on CT to develop joint approaches and synergies given the increasing role of the agencies in counter- terrorism; believes that regular joint meetings of all the key agencies could further develop joint work on CT and increase synergies with their liaison officers in delegations;
Amendment 1174 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67 b. Calls on the Member States to increase the number of Seconded National Experts with CT background to agencies with a view to ensuring a representation of Member States needs and allowing the agencies to have the necessary expertise in the CT field, in the context of their mandates;
Amendment 1178 #
2018/2044(INI)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Invites CEPOL to continue developing training programmes for end- users of SIS, on the basis of the SIRENE Manual and Best Practices Catalogue, on the topic of persons involved in terrorism or terrorism-related activities, including foreign terrorist fighters, who are the subject of alerts in SIS.
Amendment 1201 #
2018/2044(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Urges the Member States to invest in up-to-standard ICT equipment at all border crossings to allow for proper checks using all relevant databases; asks the Commission to set a benchmark for technical standards of such ICT equipment, after consulting eu-LISA; considers that the work on the proposals for interoperability of information systems should be taken as an opportunity to improve and partially harmonise national IT systems and national infrastructure at border crossing points;
Amendment 1204 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 a (new)
Paragraph 73 a (new)
73 a. Ask the Commission to closely monitor the implementation of the new Regulation (EU) 2017/458 which provides for systematic checks on all persons crossing the external borders and in particular the use of the derogation on systematic checks;
Amendment 1205 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73 b. Calls on the Members States to further develop mutual cross-border police cooperation through joint threat assessment, risk analysis and patrols;
Amendment 1206 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 c (new)
Paragraph 73 c (new)
73 c. Calls on the Member States to bring their border management in line with the IBM concept; stresses the need to ensure the full implementation of the IBM strategy at the European and national levels and thus strengthen the management of the external borders;
Amendment 1215 #
2018/2044(INI)
Motion for a resolution
Paragraph 75 a (new)
Paragraph 75 a (new)
75 a. Welcomes the Commission proposal on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement;
Amendment 1232 #
2018/2044(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Calls on the Member States to make it compulsory for airport operato carriers to conduct conformity checks when passengers board a plane in order to make sure that the identity stated on the ticket matches the ID card or passport in the passenger’s possession;
Amendment 1245 #
2018/2044(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Notes that suspects whose personal data was previously processed by the EBCGA will disappear in the analytical system after 90 days and appear as unknown/new suspects; calls, therefore, for the extension of the retention period of personal data managed by the EBCGA related to suspects of cross-border crime and terrorism up to a period of 3 years, similarly to the retention period of Europol and Eurojust;
Amendment 1251 #
2018/2044(INI)
Motion for a resolution
Paragraph 83 a (new)
Paragraph 83 a (new)
83 a. Calls on the Member States and the EU bodies, such as Europol and INTCEN to regularly give to EBCA strategic information on CT related to the border dimension; believes this should also include feedback after second line security checks and information related to document fraud;
Amendment 1258 #
2018/2044(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85 a. Invites the European Border and Coast Guard Agency to develop training programmes and deliver training courses for border guards focusing on reinforcing checks against relevant databases at external borders and supporting the implementation of common risk indicators;
Amendment 1296 #
2018/2044(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Encourages Member States and third countries to implement the conclusions of the “No money for terror” conference held April 2018 in Paris, the FATF recommendations, as well as the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the so-called ‘revised FATF Recommendations’), without delay;
Amendment 1297 #
2018/2044(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Calls on those Member States which have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism to ratify and transpose it; calls on those Member States to properly implement the Regulation of the European Parliament and Council regarding the Mutual Recognition of Freezing and Confiscation Orders;
Amendment 1298 #
2018/2044(INI)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92 a. Calls on Member States who have not implemented the 4th AMLD to do so without delay; encourages Member States to take the necessary measures to make sure they transpose the 5th AMLD within the deadline, set for 10 January 2020; recalls that more transparency with respect to ultimate beneficial owners of corporate entities, trusts and similar arrangements, as requested by this directive, is an effective tool against money laundering and terrorist financing;
Amendment 1306 #
2018/2044(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. Calls on the Member States to regulate hawala, making it mandatory to declare to the authorities every transaction made using the hawala system, and emphasising that the aim is not to crack down on traditional informal money transfers, but on trafficking involving organised crime, terrorism or industrial/commercial profits deriving from dirty money;
Amendment 1311 #
2018/2044(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94 a. Welcomes the proposal for a Regulation on the importation of cultural goods;
Amendment 1316 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96 a. Welcomes the adoption of new rules regarding the control of cash entering or leaving the European Union1a and calls for its swift implementation; calls on the Commission to evaluate whether other assets should be included within the scope of this Regulation, whether the disclosure procedure for unaccompanied cash fits the purpose and whether the threshold for unaccompanied cash should be reviewed in the future; __________________ 1a Regulation of the European Parliament and of the Council on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005
Amendment 1330 #
2018/2044(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Calls for the establishment of a European Union Terrorist Financing Tracking System (TFTS) for transactions by individuals with links to terrorism and its financing made within the Single Euro Payments Area, which would be complementary to the Terrorist Financing Tracking Program (TFTP) in the US and would ensure a balance is struck between security and individual freedoms; points out that European data protection standards would apply to this intra- European system;
Amendment 1336 #
2018/2044(INI)
Motion for a resolution
Paragraph 99
Paragraph 99
99. UCalls on the Member States to make better use of the informal network of European Financial Information Units (FIU.net), by implementing the 5th Anti- Money Laundering Directive and by adopting regulatory measures to address other issues stemming from the divergent status and competences of financial intelligence units, in particular to facilitate coordination and exchange of information; urges the further development and capabilities of FIU.net by Europol so that it can be used to its full potential and in order to facilitate the manual processing of bilateral requests;
Amendment 1341 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Urges Member States to ensure FIUs exchange any information that may be relevant for the processing or analysis of information by the FIU related to money laundering or terrorist financing and the natural or legal person involved; calls for greater harmonisation of the status and functioning of European FIUs;
Amendment 1342 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Reiterates the position of the European Parliament on AMLD 5 regarding the creation of a European FIU in order to overcome the current cooperation difficulties which exist between national FIUs; believes an EU FIU should be set up in order to coordinate, assist and support Member Sates FIUs in cross-border cases;
Amendment 1353 #
2018/2044(INI)
Motion for a resolution
Paragraph 100 a (new)
Paragraph 100 a (new)
100 a. Welcomes the Commission's Action Plan to support the protection of public spaces and encourages the Member States to exchange best practices and establish collaborative networks between public and private sector actors if necessary;
Amendment 1357 #
2018/2044(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Calls on Member States to establish national multidisciplinary crisis response centres for coordination and emergency response in case of an attack or incident; calls for these centres to make use of the EU Integrated Political Crisis Response (IPCR) arrangements to give coordinated responses to three key instruments: the central IPCR 24/7 contact point, the IPCR web platform, and the Integrated Situational Awareness and Analysis (ISAA) report;
Amendment 1359 #
2018/2044(INI)
Motion for a resolution
Paragraph 105 a (new)
Paragraph 105 a (new)
105 a. Encourages the Commission to publish guidances for Member States with the aim of increasing the protection of public spaces;
Amendment 1360 #
2018/2044(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cybersecurity; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation for enterprises and public agencies to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business continuity plans in the case of an incident or attack;
Amendment 1362 #
2018/2044(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cyberdigital security; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business continuity plans in the case of an incident or attack;
Amendment 1367 #
2018/2044(INI)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Underlines the need to put in place effective response strategies including clear lines of communication in the case of an attackby the immediate reaction teams, in order to reduce casualty rates and minimise the impacimprove the management onf the publicsituation; urges the Member States to step up their engagement with the mechanisms that have already been put in place on European level;
Amendment 1369 #
2018/2044(INI)
Motion for a resolution
Paragraph 109 a (new)
Paragraph 109 a (new)
109 a. Welcomes the creation inside the European Counter Terrorism Centre (ECTC) of a knowledge hub on the topic of CBRNE, which will be alongside the European Nuclear Security Training Centre (EUSECTRA); asks for a standard procedure in which every Member State effectively shares information with the knowledge gathering Centre;
Amendment 1374 #
2018/2044(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Believes that a systemthere must be set up for car rental agencies to check the identity of clian evaluation for the creation of a system to allow police authorities to receive information from car rentsal against police databases, showing only a red or green flagencies when investigating and following a person under suspicion;
Amendment 1382 #
2018/2044(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111 a. Encourages to foster preparation and drills, such as the one that took place the 29th of June between Belgium and the Netherlands, to ensure an Integrated Political Crisis Response (IPCR); believes that the EU can offer a supporting framework to that cooperation, notably in topics like the medical care (European Medical Corps), public safety (Health Security Committee), or decontaminating protocols, as well as coordinating special intervention units from the national police and civil protection forces;
Amendment 1385 #
2018/2044(INI)
Motion for a resolution
Paragraph 113
Paragraph 113
113. Calls for the establishment of a European system of licences for specialised buyers, different from the general public, which obliges economic operators to be registered in order to be allowed to legally manufacture, distribute or sell substances listed in the Annexes, or involving mixtures or substances containing them; calls on Member States to set up inspection systems to identify non- compliance with the regulation by economic operators;
Amendment 1386 #
2018/2044(INI)
Motion for a resolution
Paragraph 113 a (new)
Paragraph 113 a (new)
113 a. Welcomes the impact assessment of Regulation 98/2013 on explosive precursors, which will be followed by a revision of the efficiency, coherence and added value to add the required new measures to strengthen restriction and control on the use and possession of explosive precursors; encourages to evaluate the mandatory information exchange process established by this Regulation;
Amendment 1402 #
2018/2044(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Reminds that the European Commission has adopted a report on the evaluation of Regulation 258/2012 that establishes rules for authorised export, import and transit for non-military firearms, reaching the conclusion that the Regulation continues to be necessary but that its' effectiveness is limited by the lack of precision of some dispositions and the complex interaction with other legislation instruments of the EU.
Amendment 1431 #
2018/2044(INI)
Motion for a resolution
Paragraph 125
Paragraph 125
125. Calls on the Commission to strengthen support to third countries, especially neighbouring countries, in their efforts to tackle crime and trafficking as a source of terrorist financing; asks to strengthen the relations with them to accelerate the freezing of assets coming from illegal trafficking;
Amendment 1434 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls for enhanced cooperation and identification of synergies between Common Security and Defence Policy (CSDP) missions and operations and Justice and Home Affairs Council (JHA) actions;
Amendment 1436 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls on the Member States to make full use of intelligence analysis on CT from the European Union Intelligence and Situation Centre (EU INTCEN);
Amendment 1439 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 b (new)
Paragraph 125 b (new)
125 b. Calls on the Commission to give a clear mandate for IntCen to reach out directly to analysts within EU delegations in order to increase the flow of relevant information to the EU’s central intelligence system;
Amendment 1440 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 b (new)
Paragraph 125 b (new)
125 b. Asks to increase the relevance of the European Day of Remembrance of Victims of Terrorism, the 11th of March;
Amendment 1449 #
2018/2044(INI)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Calls on the Commission to establish an EU Coordination Centre for victims of terrorism (CCVT), which should provide timely and adequate crisis support in cases of mass attacks in one or severalto Member States; considers that amongst others, the role of the CCVT wouldshall be to ensure the provision of expertise at EU level by promoting exchange of knowledge, protocols and best practices;
Amendment 1450 #
2018/2044(INI)
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Asks the CCVT to consecrate itself to the collection of data as well as to the investigation and promotion of practical proposals, such as the creation of protocols in order to: 1) guarantee the first emotional attention to the victims of terrorism; 2) bring forward the subsequent psychological and emotional support for victims of terrorism; 3) avoid a second victimisation during the judicial process or bureaucratic interactions; 4) guarantee the effective access to justice, especially in attacks involving transnational victims; 5) foster good practices for the media in sensible topics for victims of terrorism and their families;
Amendment 1461 #
2018/2044(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Calls on the Commission to put forward a legislative proposal on the victims of terrorism, including a clearommon definition of their specific status and status of victim of terrorism and their rights, and a standardised form to claim compensation; considers that there should be a simplified procedure at national level for granting automatic compensation to victims of terrorism directly after an attack and for sanctioning fraudsters, and that the question of further compensation should be reviewed at regular intervals on the basis of an assessment of the victim’s situation;
Amendment 1470 #
2018/2044(INI)
Motion for a resolution
Paragraph 130
Paragraph 130
130. Stresses that notification to victim’s families should be delivered by specifically trained professionals in a dignified, humane and appropriate way, ensuring that the media do not reveal their identities without their prior consent, and that priority should be given to handlingthe respect for minors;
Amendment 1473 #
2018/2044(INI)
Motion for a resolution
Paragraph 132
Paragraph 132
132. Calls on the Member States to ensure that the needed assistance is provided to victims of terrorism, and if needed, also encompasses measures such as first aid, psychological support, cash advances to help cover immediate expenses, certified childcare and home support, tax relief schemes and help with transport in the case of a temporary or permanent disability;
Amendment 1475 #
2018/2044(INI)
Motion for a resolution
Paragraph 133
Paragraph 133
133. Calls on the Member States, with the support of the Commission, to ensure that professionals of all relevant national services are adequately trained on the specific needs of victims of terrorism, and especially first responders; notes that the CCVT will help in the tasks of professional training, including for policemen, lawyers and other staff that deals with victims, and also with insurance companies or compensation authorities;
Amendment 1481 #
2018/2044(INI)
Motion for a resolution
Paragraph 134
Paragraph 134
Amendment 1484 #
2018/2044(INI)
Motion for a resolution
Paragraph 135
Paragraph 135
135. Calls on the Member States to ensure that all victims of terrorism are entitled to be a party in judicial proceedings relating to a terrorist attack concerning them and to take into account the specific situation of cross-border victims; asks Member States to guarantee that degrading or humiliating contacts between the victims and the aggressor or his entourage do not in criminal procedures;
Amendment 163 #
2018/2033(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that the fight against tax evasion and aggressive tax planning strategies is essential to ensure a level playing field as well as the fair treatment of taxpayers, safeguard public finances, preserve social cohesion and fight inequalities;
Amendment 175 #
2018/2033(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission recommendation to review the tax systems of a number of Member States which are exploited by multinationals engaged in aggressive tax planning; insists on the need to implement an ambitious pCBCR (public country-by-country reporting) and CCCTB (common consolidated corporate tax base); calls on Member States to implement the measures agreed upon on both EU and international level
Amendment 186 #
2018/2033(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the need to, without delay, implement the recommendations of the Panama Papers committee of inquiry;
Amendment 74 #
2018/0250(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) EnsuringWhile internal security, which is a competence of the Member States, guaranteeing it requires cooperation and coordination at Union level. This a shared endeavour to which the EU institutions, relevant Union agencies and Member States should jointly contribute. In the period 2015 to 2020, the Commission, the Council of the European Union and the European Parliament have defined common priorities as set out in the European Agenda on Security of April 201510, which were reaffirmed by the Council in the renewed Internal Security Strategy of June 201511 and by the European Parliament in its Resolution of July 201512. That shared strategy aimed at providing the strategic framework for the work at Union level in the area of internal security, and defined the main priorities for action to ensure an effective Union response to security threats for the period 2015-2020, namely tackling terrorism and preventing radicalisation, disrupting organised crime and fighting cybercrime. __________________ 10 COM(2015) 185 final of 28 April 2015. 11 Council Conclusions of 16 June 2015 on the renewed European Union Internal Security Strategy 2015-2020. 12 European Parliament resolution of 9 July 2015 on the European Agenda on Security (2015/2697(RSP)).
Amendment 78 #
2018/0250(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In the Rome Declaration signed on 25 SeptemberMarch 2017, leaders of 27 Member States affirmed their determination to a safe and secure Europe and to build a Union where all citizens feel safe and can move freely, where the external borders are secured, with an efficient, responsible and sustainable migration policy, respecting international norms, as well as a Europe determined to fight terrorism and organised crime.
Amendment 84 #
2018/0250(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve this objective, actions should be taken at Union level to protect people, critical infrastructure and goods from increasingly transnational threats and to support the work carried out by Member States’ competent authorities. Terrorism, serious and organised crime, itinerant crime, drug trafficking, corruption, cybercrime, trafficking in human beings and armincluding that of arms and drugs, corruption, money laundering, cybercrime, trafficking in human beings, sexual exploitation, including that of children, and hybrid threats as well as chemical, biological, radiological and nuclear threats, among others, continue to challenge the internal security of the Union.
Amendment 88 #
2018/0250(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action by Member States alone. In- line with Articles 84 and 87(2) of the TFEU, funding should support measures to promote and support the action of Member States in the field of crime prevention and police, joint training and police and judicial cooperation involving all the Member States’ competent authorities and Union agencies concerning especially information exchange, increased operational cooperation and supporting efforts to strengthen capabilities to combat and to prevent crime. The Fund should not support operating costs and activities related to the essential functions of the Member States concerning the maintenance of law and order and the safeguarding of internal and national security as referred to in Article 72 of the TFEU.
Amendment 89 #
2018/0250(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To preserve the Schengen acquis and to strengthen its functioning, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross-border cooperation. Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and freedoms and the rule of law, a strong attention to the global perspective and the necessary coherence with the external dimension of security should be key principles guiding the Union and Member States’ action towards the development of an effective and genuine security union.
Amendment 92 #
2018/0250(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Solidarity and cooperation among Member States, a clear division of tasks, respect for fundamental rights and freedoms and the rule of law, focused attention on the global perspective and the necessary coherence with the external dimension of security should be the key principles guiding the Union and the Member States towards the creation of a genuine, effective security union.
Amendment 94 #
2018/0250(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Fund should be implemented in full compliance with the values of the Union as set out in Article 2 of the Treaty on European Union (TEU), the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights.
Amendment 97 #
2018/0250(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In line with the shared priorities identified at Union level to ensure a high level of security in the Union, the Fund will support actions aimed at addressing the main security threats and in particular tackling terrorism and radicalisation, serious and organised crime and cybercrime and assisting and protecting victims of crime and protecting critical infrastructure. The Fund will ensure that the Union and its Member States are well equipped also to address evolving and emergnew threats such as online trafficking and hybrid threats, chemical, biological, radiological and nuclear threats, and evolving threats with a view to implementing a genuine security union. This should be pursued through financial assistance to support better information exchange, increase operational cooperation and improve national and collective capabilities.
Amendment 100 #
2018/0250(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Within the comprehensive framework of the Fund, the financial assistance provided through the Fund should in particular support information exchange and access to information as well as police and judicial cooperation and prevention in the fields of serious and organised crime, illicit arms trafficking, corruption, money laundering, drug trafficking, environmental crime, exchange of and access to information, terrorism, trafficking in human beings, exploitation of illegal immigration, child sexual exploitation, distribution of child abuse images and child pornography, and cybercrime. The Fund should also support the protection of people, public spaces and critical infrastructure against security- related incidents and the effective management of security-related risks and crises, including through joint training, the development of common policies (strategies, policy cycles, programmes and action plans), legislation and practical cooperation. The Fund should build on the results and investments of its predecessors:
Amendment 108 #
2018/0250(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Within the comprehensive framework of the Union’s anti-drugs strategy, which advocates a balanced approach based on a simultaneous reduction in supply and demand, the financial assistance provided under this Fund should support all actions aimed at preventing and combating trafficking in drugs (supply and demand reduction), and in particular measures targeting the production, manufacture, extraction, sale, transport, importation and, exportation and consumption of illegal drugs, including possession and purchase with a view to engaging in drug trafficking activities. The Fund should in particular cover the sensitisation and prevention aspects of the drugs policy. To bring further synergies and clarity in the drugs-related area, these elements of drugs-related objectives — which in 2014-2020 were covered by the Justice programme — should be incorporated into the Fund.
Amendment 110 #
2018/0250(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) With a view to ensuring that the Fund makes an effective contribution to a higher level of internal security throughout the European Union, to the development of a genuine security union, it should be used in a way that adds most European value to the action of the Member States.
Amendment 111 #
2018/0250(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To contribute to the achievement of the objectives of the Fund, Member States should ensure that the priorities of their programmes addresscontribute to achieving the specific objectives of the Fund, that the priorities chosen are in-line with the implementing measures as set out in Annex II and that the allocation of resources between objectives is proportional to the challenges and requirements and ensures that the overall policy objective can be met.
Amendment 114 #
2018/0250(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Fund should be coherent with and complementary to other Union financial programmes in the field of security. Synergies will be sought ensured in particular with the Asylum and Migration Fund, the Integrated Border Management Fund consisting of the border management and visa instrument established by Regulation (EU) X and the customs control equipment instrument established by Regulation (EU) X as well as the other Cohesion Policy Funds covered by Regulation (EU) X [CPR], the security research part of the Horizon Europe programme established by Regulation (EU) X, the Rights and Values programme established by Regulation X, the Justice programme established by Regulation EU X, the Digital Europe programme established by Regulation EU X and the InvestEU programme established by Regulation EU X. Synergies should be sought in particular on security of infrastructure and public spaces, cybersecurity, victim protection and the prevention of radicalisation. Effective coordination mechanisms are essential to maximise the effective achievement of policy objectives, exploit economies of scale and avoid overlaps between actions.
Amendment 118 #
2018/0250(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Measures in and in relation to third countries supported through the Fund should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign, the Union’s foreign policy and development aid policy related to the country or region in question. In relation to the external dimension, the Fund should enhance cooperation with third countries in areas of interest to the Union’s internal security, such as countering terrorism and radicalisation, cooperation with third country law enforcement authorities in the fight against terrorism (including detachments and joint investigation teams), trafficking, in particular of arms, drugs, endangered species and cultural goods, serious and organised crime and corruption, trafficking in human beings and migrant smuggling.
Amendment 121 #
2018/0250(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A Member State may be deemed not to be compliant with the relevant Union acquis as regards the use of operating support under this Fund if it has failed to fulfil its obligations under the Treaties in the area, of security if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on security or if an evaluation report under the Schengen evaluation and monitoring mechanism identified deficiencies in the relevant area.
Amendment 123 #
2018/0250(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The critical infrastructure which the Member States must protect should be taken into account when the available resources are distributed.
Amendment 125 #
2018/0250(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should be encouraged to use part of their programme allocation to fund actions listed in Annex IV benefiting from a higher Union contribution, primarily because of their significant European added value or their high importance for the Union.
Amendment 126 #
2018/0250(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To complement the implementation of its policy objective at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the Fund relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union. or among certain Member States. In this regard, Member States’ intelligence services should be approached to ensure a more effective fight against terrorism and serious and organised crime and to understand their cross-border nature; this will encourage their cooperation. The Fund should support Member States’ efforts to exchange best practice and to promote joint training in order to help develop a culture of cooperation and mutual trust between intelligence services.
Amendment 127 #
2018/0250(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure the necessary flexibility of action and respond to emerging needs, it should be made possible for decentralised agencies to be provided with the appropriate additional financial means to carry out certain emergency tasks. In instances where the task to be undertaken is of such urgent nature that an amendment of their budgets could not be finalised in time, decentralised agencies should be eligible as beneficiaries of emergency assistance, including in the form of grants, consistent with priorities and initiatives identified at Union level by the EU institutions. In order to contribute to action taken transnationally and to European added value, decentralised agencies should also be eligible as beneficiaries of resources available under Union action.
Amendment 131 #
2018/0250(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Regulation (EU) No X [CPR] establishes the framework for action by the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, Migration and MiIntegration Fund (AMIF), Internal Security Fund (ISF) and the instrument for border management and visa (BMVI), as a part of the Integrated Border Management Fund (IBMF), and it lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for EU funds implemented under shared management. Additionally it is necessary to specify the objectives of the Internal Security Fund in this Regulation, and to lay down specific provisions concerning the activities that may be financed with the support of this Fund.
Amendment 132 #
2018/0250(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council19, Council Regulation (Euratom, EC) No 2988/9520, Council Regulation (Euratom, EC) No 2185/9621 and Council Regulation (EU) 2017/193922, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrate investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Council Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council23. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States must cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. __________________ 19 Regulation (EU, Euratom ) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248 18.9.2013, p. 1). 20 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1). 21 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 22 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 23 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 149 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘exchange of and access to information’ means the secure collection, storage, processing, analysis and exchange of information relevant to the authorities referred to in Article 87 TFEU as well as to Europol and Eurojust in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross- border organised crime;
Amendment 152 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘police cooperation’ means the specific measures and types of cooperation involving all the Member States’ competent authorities as referred to in Article 87 TFEU.
Amendment 158 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to ensuring a high level of security in the Union by reinforcing cooperation, among other things, in particular by tackling terrorism and radicalisation, serious and organised crime and cybercrime and by assisting and protecting victims of crime.
Amendment 161 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to increase the exchange of information among and within the UnionMember States’ law enforcement, judicial and other competent authorities and other relevant Union bodiesMember State and Union bodies, in particular Europol and Eurojust, as well as with third countries and international organisations;
Amendment 163 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to intensify coordination and cooperation, including cross-border joint operations among and within the UnionMember States’ law enforcement and other competent authorities in relation to terrorism and serious and organised crime with a cross-border dimension; and
Amendment 168 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to support effort at strengthening theMember States’ capabilities in relation to combatting and preventing crime including terrorism and cybercrime, in particular through increased cooperation between public authorities, the Union agencies concerned, civil society and private partners across the Member States.
Amendment 169 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) to develop a common intelligence culture by supporting mutual contacts and trust, understanding and learning, sharing know-how and best practice among Member States’ intelligence services, particularly through joint training courses and exchanges of experts between Member States.
Amendment 171 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that the allocation of the resources allocated to them for the various objectives of the fund is proportional to the challenges and needs in order to ensure that the objectives can be achieved.
Amendment 175 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Actions funded shall be implemented in full respect for the values set out in Article 2 of the Treaty on European Union (TEU), fundamental rights and human dignity. In particular, actions shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In particular, wherever possible, special attention shall be given by Member States when implementing actions to the assistance and protection of vulnerable persons, in particular children and unaccompanied minors.
Amendment 192 #
2018/0250(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third country listed in the work programme under the conditions specified therein and on condition that the third country complies with the requirements concerning compliance with fundamental rights as set out in Article 3(4) of this regulation.
Amendment 199 #
2018/0250(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Legal entities established in a third country are exceptionally eligibleauthorised by the Commission to participate where this is necessary for the achievement of the objectives of a given action.
Amendment 203 #
2018/0250(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on bringing European added value to the objectives of this Regulation.
Amendment 204 #
2018/0250(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments, in particular action taken under other Union funds.
Amendment 212 #
2018/0250(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Funding from the thematic facility shall address priorities with a high added value to the Union or to be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II. The allocation of resources from the thematic facility among the various priorities must as far as possible be proportional to the challenges and needs in order to ensure that the objectives of the Fund can be achieved.
Amendment 224 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall ensure that their programmes include actions addressing all the specific objectives of the Fund referred to in Article 3(2) and that the allocation of resources among the objectives is proportionate to the challenges and needs and ensures that the objectives can be met. Member States shall allocate a minimum of 20% of the resources allocated to their programmes to each of the specific objectives mentioned in Article 3(2a), (2b) and (2c). Member States shall allocate a minimum of 5% of the resources allocated to their programmes to the specific objective mentioned in Article 3(2c).
Amendment 225 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Member States wishing to deviate from the provisions of paragraph 1(a) of this article shall inform the Commission accordingly and shall assess, together with the Commission, whether these minimum percentages should be amended because of particular circumstances affecting internal security. Any such amendments must be approved by the Commission.
Amendment 226 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 c (new)
Article 12 – paragraph 1 c (new)
1c. When evaluating Member State programmes, the Commission shall ensure that the action envisaged is not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of projects.
Amendment 231 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall ensure that the Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) are associated to the development of the programmes at an early stagefrom the start to the process of developing the programmes, as regards the areas of their competence. Specifically, Member Statesthe Commission shall consult Europol on the design of their actionsraft programmes, in particular when including EU policy cycle or EMPACT actions or actions coordinated by the Joint Cybercrime Action Taskforce (J-CAT) in their programmes. Prior to including training in their programmes, Member States shall coordinate with CEPOL in order to avoid overlaps.
Amendment 237 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. A maximum of 15 % of the allocation of a Member State programme may be used for the purchase of equipment, means of transport or the construction of security-relevant facilities. This ceiling may be exceeded only in duly justified cases and after approval by the Commission.
Amendment 241 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) Union priorities and acquis in the area of security, in particular information exchangecoordination and cooperation between law enforcement authorities as well as information exchange, quality of data, efficiency, supply of data and interoperability of IT systems;
Amendment 244 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Whenever a Member State decides to implement projects with or in a third country, with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the projectrequest the approval of the Commission prior to the start of the project. Before giving its approval, the Commission shall ensure the complementarity and coherence of the planned projects with other Union and Member State actions taken vis-à-vis the third country concerned. The Commission shall also verify the conformity of the planned projects with the requirements concerning fundamental rights set out in Article 3(4).
Amendment 248 #
2018/0250(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Specific actions are transnational or national projects delivering added value for the EU and in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes. Specific actions shall target in particular the strengthening of coordination and cooperation among Member States’ law enforcement authorities on the one hand and with the Union agencies concerned on the other.
Amendment 249 #
2018/0250(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States may, in addition to their allocation calculated in accordance with Article 10(1), receive funding for specific actions, provided that it is earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation, including covering newly emerging threats, in particular online trafficking and hybrid, chemical, biological, radiological and nuclear threats.
Amendment 251 #
2018/0250(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 253 #
2018/0250(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Decentralised bodies can also be eligible for financing available under Union actions to support transnational actions which deliver European added value.
Amendment 259 #
2018/0250(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The recipient of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results by providing coherent, effective and proportionate targeted information to multiple audiences, including media and the public, in the language concerned. To this end, recipients shall ensure that all communications to the media and the public mention explicitly the Union’s financial support and display the Union emblem prominently.
Amendment 262 #
2018/0250(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Commission shall, for the benefit of the public, implement information and communication actions relating to the Fund and its actions and results. Financial resources allocated to the Fund shall also contribute in particular to the corporate communication of the political priorities of the Union, as far as they are related to the objectives of this Regulation.
Amendment 274 #
2018/0250(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the timeline set out Article 40 of Regulation (EU) No [CPR]. These evaluations shall be submitted to the European Parliament forthwith.
Amendment 277 #
2018/0250(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) the complementarity and coherence between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries;
Amendment 279 #
2018/0250(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d a (new)
Article 26 – paragraph 2 – point d a (new)
(da) fulfilment of the fundamental rights requirements;
Amendment 292 #
2018/0250(COD)
Proposal for a regulation
Annex II – paragraph 3 a (new)
Annex II – paragraph 3 a (new)
The Fund shall contribute to the specific objective set out in Article 3(2)(c), by focusing on the following implementation measures: (a) improving cooperation and coordination among the Member States’ intelligence services; (b) contacts, networking, mutual confidence, understanding and learning, identification, exchange and dissemination of know-how, experience and best practice, with particular regard to support for police enquiries and threat assessment; (c) exchange, training and education of staff and experts.
Amendment 294 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 1
Annex III – indent 1
— IT systems and networks contributing to the achievement of the objectives of this Regulation, training on the use of such systems, testing and improving interoperability and input of data into databases and the data quality of such systems;
Amendment 299 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 3 a (new)
Annex III – indent 3 a (new)
– Support for decentralised agencies to facilitate cooperation in cross-border operations.
Amendment 300 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 4
Annex III – indent 4
– actions supporting an effective and coordinated response to crisis linking up existing sector-specific capabilities, expertise centres and situation awareness centres, including those for health, civil protection and, terrorism and cybercrime;
Amendment 302 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 5 a (new)
Annex III – indent 5 a (new)
– actions to boost research and the exchange of expertise on resisting new threats, including online trafficking and hybrid, chemical, biological, radiological and nuclear threats;
Amendment 304 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 6 a (new)
Annex III – indent 6 a (new)
– support for initiatives to network Member States’ intelligence services in order to promote a common intelligence culture and boost mutual trust, the exchange and spread of know-how, information, experience and good practice,
Amendment 311 #
2018/0250(COD)
Proposal for a regulation
Annex IV – title
Annex IV – title
Actions eligible for higher co-financing in- line with Articles 11(23) and 12(67)
Amendment 318 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2
Annex IV – indent 2
– Projects which aim at improving police and judicial cooperation and the interoperability of IT systems and communication networks41. __________________ 41 In line with the Commission Communication on stronger and smarter information systems for borders and security COM(2016) 205.
Amendment 320 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 a (new)
Annex IV – indent 2 a (new)
– Projects which aim at implementing the specific objective set out in Article 3(2c(a)).
Amendment 321 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 b (new)
Annex IV – indent 2 b (new)
– Project which aim at combating child sexual exploitation, particularly on line.
Amendment 322 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 c (new)
Annex IV – indent 2 c (new)
- Projects which aim to fight online trafficking.
Amendment 324 #
2018/0250(COD)
Proposal for a regulation
Annex V – part 2 – point 3 – paragraph 1
Annex V – part 2 – point 3 – paragraph 1
Value of illicit drug seizures achieved with involvement ofseizures of illicit drugs, arms, products which are the result of wildlife trafficking and trafficking of cultural goods achieved with cross-border cooperation between law enforcement agencies.
Amendment 327 #
2018/0250(COD)
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 a (new)
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 a (new)
12a Trafficking of cultural objects
Amendment 328 #
2018/0250(COD)
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 b (new)
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 b (new)
12b Trafficking of endangered species
Amendment 332 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 1 – point 1 – paragraph 1 – point a
Annex VIII – part 1 – point 1 – paragraph 1 – point a
(a) number of alerts signalled to, and searches performed in, the Schengen Information System (SIS);
Amendment 338 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 2 – point 4 – paragraph 1
Annex VIII – part 2 – point 4 – paragraph 1
Value of illicit drug seizures achieved with involvement ofseizures of illicit drugs, arms, products which are the result of wildlife trafficking and trafficking of cultural goods achieved with cross-border cooperation between law enforcement agencies.
Amendment 339 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 2 – point 4 – paragraph 2
Annex VIII – part 2 – point 4 – paragraph 2
data source: Europol, Member States, Union action grant beneficiaries
Amendment 340 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 – point 1 – paragraph 2
Annex VIII – part 3 – point 1 – paragraph 2
data source: Member States, Europol, Enisa
Amendment 348 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 – point 5 – paragraph 2
Annex VIII – part 3 – point 5 – paragraph 2
data source: RSR, Member States
Amendment 350 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 a (new)
Annex VIII – part 3 a (new)
Specific objective 3a: to develop a common intelligence culture (1) Number of exchanges set up between Member States in the field of intelligence. (2) Number of experts and law enforcement officials that completed training, exercises, mutual learning or specialised exchange programmes on cross-border related topics provided with the support of the Fund. Data source: Member States
Amendment 131 #
2018/0249(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) ToWith the goal of preserveing the integrity of the Schengen area and to strengthen its functioning, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross- border cooperation. However, it has proven necessary in to use targeted checks in place of systematic checks at a number of external border crossing in certain cases.
Amendment 134 #
2018/0249(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The Commission has also issued Recommendation (EU) 2017/1804 to Member States to make better use of police checks and cross-border cooperation. Notwithstanding this recommendation, a number of Member States continue to maintain internal border controls, which run the risk of undermining the basic principle of the Schengen Area.
Amendment 150 #
2018/0249(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The instrument should support measures linked to border control in the territory of the Schengen countries that are linked to border control as part of the development of a common integrated border management system, which strengthens the overall functioning of the Schengen area.
Amendment 158 #
2018/0249(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The instrument should support the implementation of the hotspot approach as outlined in the Commission’s Communication on A European Agenda on Migration and endorsed by the European Council of 25 and 26 June 201530 . The hotspot approach provides operational support to Member States affected by disproportionate migratory pressure at the Union’s external borders. It offers integrated, comprehensive and targeted assistance in a spirit of solidarity and shared responsibility, allowing the arrival of large numbers of persons at the Union's external borders to be handled humanely and efficiently, as well as with a view to safeguarding the integrity of the Schengen area. _________________ 30 EUCO 22/15 CO EUR 8 CONCL 3. EUCO 22/15 CO EUR 8 CONCL 3.
Amendment 161 #
2018/0249(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To contribute to the achievement of the policy objective of the instrument, Member States should ensure that their programmes address the specific objectives of the instrument, that the priorities chosen are in line with the agreed EU priorities and the implementing measures as set out in Annex II and that the allocation of resources between objectives and actions is proportionate to the challenges and needs they are faced with. In that regard, it is important to achieve a transparent distribution of resources among the specific objectives of this instrument.
Amendment 168 #
2018/0249(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the Union’s migration policy and Union’s security objectives. Any measures funded in and in relation to third countries should be subject to appropriate safeguards.
Amendment 177 #
2018/0249(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of new large-scale IT systems and the setting-up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes.
Amendment 178 #
2018/0249(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to strengthen the Union’s capacity to immediately address unforeseen, urgent or disproportionate migratory pressurepressure, including in the event of an emergency situation at its external borders, in particular at those border sections where the impact level has been identified in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council38 as such that it jeopardises the functioning of the Schengen area as a whole, as well as pressure on the visa sections of Member States’ consulates or risks to border security, it should be possible tothis instrument should exceptionally provide emergency assistance in accordance with the framework set out in this Regulation. _________________ 38 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
Amendment 195 #
2018/0249(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring strong and effective European integrated border management at the external borders while safeguarding the free movement of persons within it, in full compliance with the Union’s commitments on fundamental rights, thereby contributing to guaranteeing a high level of security in the Union, in full compliance with the Union’s acquis and obligations of the Union and its member states arising from international instruments to which they are signatory.
Amendment 199 #
2018/0249(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas, to facilitate legitimate travel and prevent migratory andaddress security risks.
Amendment 215 #
2018/0249(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action, and where this is in full accordance with the Union's acquis and Charter of Fundamental Rights.
Amendment 234 #
2018/0249(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission shall adopt implementing acts in order to set out financing decisions as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions contained shall set out, where applicable, the overall amount reserved for blending operations.
Amendment 237 #
2018/0249(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Following the adoption of a financing decisionn implementing act as referred to in paragraph 3, the Commission may amend the programmes implemented under shared management accordingly.
Amendment 266 #
2018/0249(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. InFollowing a mid-term review, to be presented by April 2024, the Commission shall allocate to the programmes of Member States concerned the additional amount referred to in Article 10(1)(b) in accordance with the criteria referred to in paragraph 1(c) of and in paragraphs 2 to 11 of Annex I. The allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1(c) and in paragraphs 2 to 11 of Annex I. Funding shall be effective for the period as of the calendar year 2025.
Amendment 292 #
2018/0249(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other duly substantiated situation of an urgent and exceptional pressnature, within the scope of this Regulation that requires immediate action.
Amendment 47 #
2018/0233(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Given the increasing mobility of taxpayers, the number of cross-border transactions and the internationalisation of financial instruments, which go well beyond the Union borders, adaptations of or extensions of European electronic systems to third countries not associated to the Programme and international organisations could have an interest for the Union or the Member States. In particular, they would avoid the administrative burden and the costs implied by developing and operating two similar electronic systems for, respectively, Union and international exchanges of information. Therefore, when duly justified by such an interest, adaptations of or extensions to European electronic systems for cooperation with third countries and international organisations should be eligible costs under the Programme. Provided priority actions have been funded, specific actions with least developed countries, especially on automatic information sharing, could also be encouraged under the Programme where appropriate.
Amendment 56 #
2018/0233(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Individual national anti-fraud initiatives could potentially shift the fraud to other, often neighbouring, Member States, and create disproportionate administrative burden on compliant businesses as well as a lack of legal certainty when trading internationally. It is therefore crucial that the Commission aligns national anti-fraud measures through coordination of national best practices at EU level.
Amendment 71 #
2018/0233(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Programme has the specific objective to support tax policy, tax cooperation and administrative capacity building, including human competency and the development and operation of the European electronic systems, as well as the progressive modernisation of reporting and auditing tools to be applied uniformly across Member States.
Amendment 76 #
2018/0233(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 270338 000 000 in current prices.
Amendment 80 #
2018/0233(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Provided priority actions have been funded, least developed countries can be encouraged to participate in accordance with the conditions laid down in a specific agreement covering their participation. Contrary to point c) of paragraph 1, their participation shall be cost-free for them and shall focus on achieving international tax objectives, such as automatic exchange of tax information. The specific agreement shall guarantee the rights of the Union to ensure sound financial management and to protect its financial interests.
Amendment 90 #
2018/0233(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. To ensure the programme is designed to effectively tackle fraud, the Commission is empowered to adopt delegated acts in accordance with Article 17 to review and update, where appropriate, the list of eligible actions.
Amendment 94 #
2018/0233(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the programme pursuant to Article 5, and, where relevant, representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.
Amendment 99 #
2018/0233(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point e a (new)
Article 11 – paragraph 2 – point e a (new)
(e a) the coordination of nationally applied anti-fraud measures through regulating national best practices at EU level;
Amendment 102 #
2018/0233(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States (including a mapping exercise, listing of the best practices) and the Commission in the implementation of the plan referred to in paragraph 1 and make that report publics well as the progress in achieving the programme’s objectives mentioned in Article 3. The report shall be public and published on a dedicated Commission webpage and serve as a basis for evaluation reports and future multiannual work programmes.
Amendment 106 #
2018/0233(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The delegations of power referred to in Article 7(4a) and Article 14(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 26 #
2018/0194(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In theContrary to standard procedure, a separate impact assessment of the Programme was not carried out. This can be partly explained by the fact that in 2017 the Commission carried out a mid- term evaluation of the Programme, supported by an independent report. Although the report is generally positive about the Programme, it expresses concerns about the limited number of competent authorities participating in the activities of the Programme and the quality of the key performance indicators used for measuring the results of the Programme. In its Communication to the European Parliament and to the Council on the mid-term evaluation of the Pericles 2020 Programme, the Commission came to the conclusion that the continuation of the Pericles 2020 programme beyond 2020 should be supported, given its EUnion added value, its long-term impact and the sustainability of its actions.
Amendment 35 #
2018/0194(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
To prevent and combat counterfeiting and related fraud of euro banknotes and coins, thus enhancing the competitiveness of the Union’s economy and, securing the sustainability of public finances as well as increasing citizens' trust in the euro currency.
Amendment 38 #
2018/0194(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Programme shall be implemented by the Commission in cooperation with the Member States, through regular consultations at different stages of the implementation of the Programme, taking into account relevant measures undertaken by other competent entities, in particular the European Central Bank and Europol. To this effect, when preparing the work programmes to be funded under the Programme, the Commission shall closely involve the ECB and Europol, thus developing an aligned strategy against euro counterfeiting and fraud.
Amendment 46 #
2018/0194(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016, as well as representatives from the ECB and Europol.
Amendment 48 #
2018/0194(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Commission shall provide annual information on the results of the Programme to the European Parliament and to the Council, the ECB and Europol, taking into account the quantitative and qualitative indicators set out in the Annex to this proposal.
Amendment 51 #
2018/0194(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the ECB and the European Central Bankol.
Amendment 32 #
2018/0165(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is relevant to acknowledge the inclusion in Regulation (EU) 2017/1129[1] of the EU Growth Prospectus, which applies to SMEs that issue capital on the markets. The EU Growth Prospectus is a condensed form of the full Prospectus, which includes essential information and documentation. The EU Growth Prospectus is shorter and therefore cheaper to produce, reducing costs for SMEs. SMEs may choose to use the EU Growth Prospectus. Moreover, in offers of securities up to EUR20 million any issuer may also choose to use the EU Growth Prospectus unless they are going for admission to trading to a regulated market. This covers issuers whose public offers might be admitted to trading on an SME Growth Market, as well as issuers that make public offers that will not be traded on an exchange. Alternatively, issuers may choose to draw up full Prospectus under the Regulation. [1] Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC Text with EEA relevance
Amendment 39 #
2018/0165(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The use of SME growth markets should be actively promoted. Many SMEs are still not aware of the existence of this new category trading venue. To solve this situation, the Commission, in close cooperation with the competent national authorities and organisations representing SMEs should conduct awareness-raising campaigns to inform the SMEs about the possibilities that the SMEs growth markets offer.
Amendment 41 #
2018/0165(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The current less stringent requirements for SME growth markets issuers to produce, in accordance with Article 18(6) of Regulation (EU) No 596/2014, an insider list only upon the request of the competent authority, is of limited practical effect, because those issuers are still subject to ongoing monitoring of the persons who qualify as insiders in the context of ongoing projects. The existing alleviation should therefore be replaced by the possibility for SME growth markets issuers to maintain only a list of permanent insiders, which should include persons who have regular access to inside information due to their function or position within the issuer. The listing alleviation rules should also be in the form of a list of selected criteria and voluntary best practices that all trading venues may follow. Calibration of each criterion should remain at local level under the responsibility of market operators together with their regulators.
Amendment 55 #
2018/0165(COD)
1. in the first subparagraph of paragraph 1, the following points d isand d a are added:
Amendment 56 #
2018/0165(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) No 2017/1129
Article 14 – paragraph 1 – subparagraph 1 – point d a (new)
Article 14 – paragraph 1 – subparagraph 1 – point d a (new)
(da) The listing alleviation rules shall be in the form of a list of selected criteria and voluntary best practices that all trading venues may follow. Calibration of each criterion shall remain at local level under the responsibility of market operators together with the competent regulatory authorities.
Amendment 58 #
2018/0165(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 20 #
2018/0164(CNS)
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
Having regard to the European Parliament legislative resolution of 3 October 2018 on the proposal for a Council directive amending Directive 2006/112/EC as regards harmonising and simplifying certain rules in the value added tax system and introducing the definitive system for the taxation of trade between Member States (COM(2017)0569 – C80363/2017 –2017/0251(CNS));
Amendment 21 #
2018/0164(CNS)
Proposal for a directive
Citation 5 b (new)
Citation 5 b (new)
Having regard to the European Parliament legislative resolution of 3 October 2018 on the proposal for a Council directive amending Directive 2006/112/EC as regards rates of value added tax (COM(2018)0020 –C8- 0023/2018 – 2018/0005(CNS));
Amendment 22 #
2018/0164(CNS)
Proposal for a directive
Citation 5 c (new)
Citation 5 c (new)
Having regard to the European Parliament legislative resolution of 3 July 2018 on the amended proposal for a Council regulation amending Regulation (EU) No 904/2010 as regards measures to strengthen administrative cooperation in the field of value-added tax (COM(2017)0706 – C8-0441/2017 – 2017/0248(CNS));
Amendment 25 #
2018/0164(CNS)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to guarantee an efficient cooperation between Member States, the Commission shall guarantee the transparency of the system, notably with the annual compulsory publication of frauds committed in each Member State. Transparency is also important in order to understand the scale of the fraud, to raise the awareness of the general public and to put pressure on Member States.
Amendment 29 #
2018/0164(CNS)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) A high level of non-compliance generates not only economic losses for compliant taxable persons but also threatens the cohesion and coherence of the fiscal system and creates a generalised feeling of unfairness through the distortion of competition. An efficient and understandable system is key to generating public revenues and to ownership by both citizens and companies.
Amendment 30 #
2018/0164(CNS)
Proposal for a directive
Recital 25 b (new)
Recital 25 b (new)
(25 b) As tax authorities in the Member States of consumption's reactions will be slower and their means of action more limited, given that most of the relevant data and auditing powers will be in the hands of the Member State of identification, a compensation mechanism shall be put in place in order to safeguard VAT revenues and incentivise Member States of identification to act.
Amendment 31 #
2018/0164(CNS)
Proposal for a directive
Recital 25 c (new)
Recital 25 c (new)
(25 c) In order to compensate for sudden shocks to VAT revenues across Member States arising from fiscal losses directly and solely caused by the switch to the new regime introduced by this Directive, the Commission shall establish a dedicated compensation mechanism, operational for two years after the entry into force of this Directive. The compensation mechanism shall be financed by the Member States of identification who fail to act on VAT fraud or who are not efficient at VAT collection.
Amendment 32 #
2018/0164(CNS)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) Statistics show that fraudsters take advantage of the weakness of the system and follow the development of the economy as well as the dynamic growth of demand for certain supplies. It is therefore necessary to set up a system dynamic enough to cope with harmful practices and to reduce the level of both voluntary (fraud) and involuntary non- compliance.
Amendment 33 #
2018/0164(CNS)
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
(26 b) With particular focus on the needs of SMEs engaging in intra-Community cross-border businesses and in order to facilitate trade and increase legal certainty in the single market, the Commission, in cooperation with Member States, should establish a comprehensive and publicly accessible Union VAT Web information portal for businesses. That multilingual portal should provide quick, up-to-date and accurate access to relevant information about the implementation of the VAT system in the different Member States and in particular about the correct VAT rates for different goods and services in the different Member States, as well as the conditions for zero-rate. Such a portal might also help to address the current VAT gap.
Amendment 34 #
2018/0164(CNS)
Proposal for a directive
Recital 26 c (new)
Recital 26 c (new)
(26 c) The One Stop Shop is the core of the new destination-based system without which complexity of the VAT system and the administrative burden would increase significantly. To ensure interoperability, ease of use and future fraud-proofing, OSS for businesses should operate with a harmonised cross-border IT system, based on common standards and allowing for automatic retrieval and input of data, for example, through the use of unified standard forms.
Amendment 40 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2006/112/EC
Article 13a – paragraph 2 a (new)
Article 13a – paragraph 2 a (new)
2 a. In order to ensure a harmonised interpretation in the granting of the certified taxable person status, the Commission shall adopt by means of an implementing act further guidance for Member States regarding the evaluation of those criteria, which shall be valid across the Union. The first implementing act shall be adopted no later than one month after the entry into force of this Directive.
Amendment 47 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2006/112//EC
Article 13a – paragraph 5
Article 13a – paragraph 5
5. Where the application is refused, the grounds for refusal shall be notified by the tax authorities to the applicant together with the decision. Member States shall ensure that the applicant is granted a right of appeal against any decision to refuse an application. An appeal procedure harmonised at the Union level shall be established by 1 June 2020 by means of an implementing act, and shall include the obligation for Member States to inform other Member States of that refusal and the reasons accompanying that decision through their tax authorities. The appeal procedure shall be initiated within a reasonable time of the announcement of the decision to the applicant, to be determined by the implementing act, and should take into account any implemented remedy procedure.
Amendment 52 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2006/112/EC
Article 13a – paragraph 6
Article 13a – paragraph 6
6. The taxable person who has been granted the status of certified taxable person shall inform the tax authorities without delay of any factor arising after the decision was taken, which may affect or influence the continuation of that status. The tax status shall be withdrawn by the tax authorities where the criteria set out in paragraph 2 are no longer met. Where the status of a certified taxable person is granted, that information shall be made available via the VIES system. Changes to that status shall be updated in the system without delay.
Amendment 62 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 50 a (new)
Article 1 – paragraph 1 – point 50 a (new)
Directive 2006/112/EC
Article 100 – paragraph 1 a (new)
Article 100 – paragraph 1 a (new)
(50 a) In Article 100, a new paragraph 1a is inserted: "The Commission is empowered to amend the scope of Annex IIIa by means of an implementing act, when necessary and provided there is evidence related to distortion of competition justifying the update of the list of supplies of goods and services."
Amendment 70 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 169 a (new)
Article 1 – paragraph 1 – point 169 a (new)
Directive 2006/112/EC
Article 404
Article 404
(169 a)Article 404 Every four years starting from the adoption of this Directive, the Commission shall, on the basis of information obtained from the Member States, present a reportis replaced by the following "Article 404 By two years after the date of entry into force of this Directive, and every three years thereafter, the Commission shall forward to the European Parliament and to the Council on the operation of the common system of VAT in the Member States and, in particular, on the operation of the transitional arrangements for taxing trade between Member States. That report shall be accompanied, where appropriate, by proposals concerning the definitive arrangements. a report on national practices as regards the imposition of administrative and criminal penalties on legal and natural persons found guilty of VAT fraud. The Commission shall work with the competent national and European authorities to follow up, if appropriate, the recommendations designed to bring about a minimum degree of harmonisation. Every three years, each Member State shall submit a report assessing the effectiveness of the VAT fraud monitoring system to the Commission, which shall forward it to OLAF." Or. en (https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006L0112)
Amendment 72 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 173 a (new)
Article 1 – paragraph 1 – point 173 a (new)
Directive 2006/112/EC
Article 411a
Article 411a
(173 a)The following new Article 411a is inserted: "Article 411a By 1 June 2020, the Commission, in cooperation with the Member States, shall establish a comprehensive, multilingual and publicly accessible Union VAT Web Information Portal on which businesses and consumers can quickly and effectively obtain accurate information on VAT rates – including which goods or services benefit from reduced rates or exemptions – and all relevant information on the implementation of the definitive VAT system in the different Member States. In complement to the Portal, an automated notification mechanism shall be set up. That mechanism shall ensure automatic notifications to tax payers on changes and updates to the VAT rates of Member States. Such automatic notifications shall be activated before the change becomes applicable and at the latest five days after the decision has been taken."
Amendment 73 #
2018/0164(CNS)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Regulation (EU) No 904/2010
Article 34
Article 34
Article 34 1. Member States shall participate in the Eurofisc working fields of their 1 a (new) Amendment to Regulation (EU) No 904/2010 Article 34 is replaced by the following: "Article 34 1. The Commission shall provide Eurofisc with the necessary techoniceal and may also decide to terminate their participation thereinlogistical support. The Commission shall have access to the information referred to in Article 1, which may be exchanged over Eurofisc, for the circumstances provided for in Article 55(2). 2. Member States shaving chosen to take partll participate in athe Eurofisc working fields and Member States shall actively participate in the multilateral exchange of targeted information between all participating Member Statesinformation. 3. Eurofisc working field coordinators may, on their own initiative or on request, forward relevant information on the most serious cross-border VAT offences to Europol and the European Anti-Fraud Office (‘OLAF’). 34. Information exchanged shall be confidential, as provided for in Article 55. Eurofisc working field coordinators may ask Europol and OLAF for relevant information. Eurofisc working field coordinators shall make the information received from Europol and OLAF available to the other participating Eurofisc liaison officials; this information shall be exchanged by electronic means." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32010R0904)
Amendment 74 #
2018/0164(CNS)
Proposal for a directive
Article 1 b (new)
Article 1 b (new)
Regulation (EU) No 904/2010
Article 49a
Article 49a
Article 1 b Amendment to Regulation (EU) No 904/2010 (2) The following new Article 49a is added: "Article 49a Member States and the Commission shall establish a common system of collecting statistics on intra-Community VAT fraud and involuntary non-compliance and shall publish on a yearly basis national estimates of VAT losses resulting from that fraud, as well as estimates for the Union as a whole. The Commission shall adopt, by means of implementing acts, the practical arrangements for such a statistical system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2)."
Amendment 75 #
2018/0164(CNS)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a Customs transit system Two years after the expiry of the transposition date of this Directive, the Commission shall submit a report to the European Parliament and the Council on the consequences of the introduction of the definitive system on the customs transit system in the European Union. The Commission shall propose, where appropriate, amendments to the relevant EU legislation, including this directive.
Amendment 15 #
2018/0076(COD)
Draft legislative resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the opinion of the European Central Bank (CON/2018/38) of 31 August 2018,
Amendment 19 #
2018/0076(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Cross-border payments in euro from non-euro area Member States however account for a very large part of all cross-border payments from non-euro area Member States. The charges for those specific cross-border payments remain high, even though payment service providers have access to the same efficient infrastructures, namely TARGET2 and STEP, to process those transactions at very low costs as payment service providers from the euro area.
Amendment 20 #
2018/0076(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) It is vital to ensure a level playing field for all payment service providers in the Union. Therefore, the authorities managing the TARGET2 and STEP systems, namely the ECB and the EBA, should facilitate the access to these platforms for payment services providers across the EU, regardless of whether that payment service provider is located in the Euro area or not.
Amendment 40 #
2018/0076(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Transparency in currency conversion charges requires adapting current payment infrastructures and processes, in particular for payments made online, at the point of sale or for ATM cash withdrawals. To that end, market players should be given sufficient time to adapt their infrastructure and processes in relation to those provisions that relate to currency conversion charges in order to comply with regulatory technical standards to be adopted by the Commission.
Amendment 48 #
2018/0076(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 56 #
2018/0076(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 77 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 1
Article 3 a – paragraph 1
1. From [OP please insert date 3612 months after the entry into force of this Regulation], payment service providers shall inform payment service users of the full cost of currency conversion services, and where applicable, those of alternative currency conversion services, prior to the initiation of a payment transaction, in orderaccordance with Article 59 of Directive(EU) 2015/2366, in order to ensure that payment service users can compare alternative currency conversion options and their corresponding costs. To that effect, payment service providers shall disclose to payment service users the exchange rate applied, the foreign exchange reference rate used and the total amount of all charges applicable to the conversion of the payment transaction. Where feasible, such disclosure shall be in the form of advance notification from the payment service provider to the payment service user through transparent and clear communication, which may be in the form of digital communication or notifications. Where the payment service provider is a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013, the payment service provider shall inform payment service users in a timely manner of any changes in applicable charges, and where it deems appropriate, of any strong fluctuations of the foreign exchange reference rate.
Amendment 87 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3a – paragraph 2
Article 3a – paragraph 2
Amendment 104 #
2018/0076(COD)
Amendment 112 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 924/2009
Article 15
Article 15
By 31 OctoDecember 20221, the Commission shall present to the European Parliament, the Council, the European Economic and Social Committee and the European Central Bank a report on the application and impact of this Regulation, accompanied, if appropriate, by a proposal. That reportwhich shall cover, in particular, the appropriateness of amending Article 1(2) to ensure that this Regulationof this Regulation to ensure that it covers all currencies of Member States of the Union and the mechanisms that payment service providers have put in place to provide further transparency to payment service users. If necessary, the Commission may present a proposal to amend this Regulation in light of the findings of the report.
Amendment 107 #
2018/0073(CNS)
Proposal for a directive
Recital 29
Recital 29
(29) Where the users with respect of a given taxable service are located in different Member States or non-Union jurisdictions, the relevant taxable revenues obtained from that service should be allocated to each Member State in a proportional way on the basis of certain specific allocation keys. Such keys should be set out depending on the nature of each taxable service and the distinctive elements triggering the receipt of revenues for the provider of such a service. Where the allocation key results in an imbalanced apportionment that fails to reflect the real economic activity, a dispute resolution mechanism could remedy such a situation. In light of the foregoing, the Commission should assess the possible establishment of a dispute resolution mechanism in order to ensure the proper resolution of disputes when different Member States are involved.
Amendment 109 #
2018/0073(CNS)
Proposal for a directive
Recital 34
Recital 34
(34) Any processing of personal data carried out in the context of DST should be conducted in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council31 , including that which may be necessary in relation to Internet Protocol (IP) addresses or other means of geolocation, without allowing for identification of users. The Member States' tax authority shall be informed of the method used to determine the location of users . In particular, regard should be given to the need to provide appropriate technical and organisational measures to comply with the rules relating to the lawfulness and security of processing activities, the provision of information and the rights of data subjects. Whenever possible, personal data should be rendered anonymous. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 119 #
2018/0073(CNS)
Proposal for a directive
Recital 37
Recital 37
(37) Member States should be able to lay down accounting, record-keeping or other obligations aimed at ensuring that the DST due is effectively paid, as well as other measures, including penalties and sanctions, to prevent tax evasion, avoidance and abuse.
Amendment 156 #
2018/0073(CNS)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. The Commission shall analyse whether the establishment of a dispute resolution mechanism would further increase the effectiveness and efficiency of the settlement of disagreements between Member States. The Commission shall submit a report thereon to the European Parliament and the Council, including, if appropriate, a legislative proposal.
Amendment 170 #
2018/0073(CNS)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States may adopt measures, including penalties and sanctions, to prevent tax evasion, avoidance and abuse with respect to DST.
Amendment 173 #
2018/0073(CNS)
Proposal for a directive
Chapter 4 – title
Chapter 4 – title
ADMINISTRATIVE COOPERATION AND MANDATORY EXCHANGE OF INFORMATION
Amendment 174 #
2018/0073(CNS)
Proposal for a directive
Article -20 (new)
Article -20 (new)
Article -20 Automatic and mandatory exchange of information In order for tax authorities to assess tax due properly and to ensure the proper and uniform implementation of this Directive, the exchange of information on tax matters shall be automatic and mandatory, as laid down by Council directive 2011/16/EU. Member States shall allocate adequate staff, expertise and budget resources to their national tax administrations as well as resources for the training of tax administration staff focusing on cross-border tax cooperation and on the automatic exchange of information in order to ensure full implementation of this Directive.
Amendment 176 #
2018/0073(CNS)
Proposal for a directive
Article 24 a (new)
Article 24 a (new)
Article 24a Review clause (Three years after...[the date of entry into force of this Directive], the Commission shall make an assessment of the application of this Directive and present a report to the European Parliament and the Council, accompanied, where appropriate, by proposals for its review in accordance with the principles of fair taxation of the digital sector. In its report the Commission should assess, notably, - the impact of DST on Member States’ revenues; - the impact on the internal market as a whole, with particular regard to possible distortion of competition between companies subject to the new rules laid down in this Directive; - the need to increase the scope to cover more digital activities and the rate of the DST; - the potential tax planning practices that were applied by entities to avoid paying the DST.
Amendment 42 #
2018/0072(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) A key objective of this Directive is to improve the resilience of the internal market as a whole in order to address the challenges of taxation of the digitalised economy, while respecting the principle of tax neutrality but also the free movement of services in the European Single Market. This objective cannot be sufficiently achieved by the Member States acting individually because digital businesses are able to operate cross-border without having any physical presence in a jurisdiction and rules are therefore needed to ensure that they pay taxes in the jurisdictions where they make profits. Given this cross-border dimension an initiative at Union level adds value in comparison with what a multitude of national measures could attain. A common initiative across the internal market is required to ensure a harmonised application of the rules on a significant digital presence within the Union. Unilateral and divergent approaches by each Member State could be ineffective and fragment the Single Market by creating national policy clashes, distortions and tax obstacles for businesses in the Union. Since the objectives of this Directive can 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. This directive does not imply a harmonisation of corporate tax rates in the EU and, therefore, it does not restrict Member States' capability set the corporate tax rates applicable to digital services' revenues on their own territory.
Amendment 49 #
2018/0072(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) It is necessary that any processing of personal data carried out in the context of this Directive, should be conducted in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council17 , including obligations to provide appropriate technical and organisational measures to comply with the obligations imposed by that Regulation, in particular those relating to the lawfulness of the processing, the security of the processing activities, the provision of information and the rights of data subjects, data protection by design and by default. Whenever possible, personal data should be rendered anonymous. The data that may be collected from the users for the purposes of applying this Directive should be strictly limited to data indicating the Member State in which the users are located, without allowing for identification of the user. _________________ 17 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p.1).
Amendment 52 #
2018/0072(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) The Commission should evaluate the implementation of this Directive fivthree years after its entry into force and report to the Council thereon. Memberand the European Parliament thereon. That implementation report should include at least the following points: the impact of the system of taxation provided for in this Directive on Member States’ revenues, the impact of this Directive on companies and in particular, on small and medium-sized enterprises, the impact on users' personal data and the impact on the internal market as a whole, with particular regard to possible distortion of competition between companies subject to the new rules laid down in this Directive. States should communicate to the Commission all information necessary for this evaluation. An advisory DigiTax Committee should be established to examine questions on the application of the Directive.
Amendment 81 #
2018/0072(CNS)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Member State where a user's device is used shall be determined by reference to the Internet Protocol (IP) address of the device or, if more accurately, any other method of geolocation. , without allowing for identification of the user, in accordance with Regulation (EU) No 2016/679 on data protection. The Member States' tax authority shall be informed of the method used to determine the location of users.
Amendment 85 #
2018/0072(CNS)
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. A taxpayer shall be required to disclose to the tax authorities all information relevant to the determination of the significant digital presence in accordance with this Article.
Amendment 95 #
2018/0072(CNS)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Member States shall allocate adequate staff, expertise and budget resources to their national tax administrations as well as resources for the training of staff to be able to attribute profits to the permanent establishment and to reflect the digital activities in that Member State.
Amendment 97 #
2018/0072(CNS)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Administrative cooperation In order to guarantee a uniform application of the Directive in the European Union, the exchange of information on tax matters shall be automatic and mandatory, as laid down by Council Directive 2011/16/EU.
Amendment 98 #
Amendment 99 #
2018/0072(CNS)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall evaluate the implementation of this Directive fivthree years after its entry into force and report to the Council thereonand the European Parliament thereon. That implementation report should include at least the following points: the impact of the system of taxation provided for in this Directive on Member States’ revenues, the impact of this Directive on companies and in particular, on small and medium-sized enterprises, the impact on a fair tax collection between Member States, the impact on the internal market as a whole, with particular regard to possible distortion of competition between companies subject to the new rules laid down in this Directive.
Amendment 51 #
2017/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotWelcomes the effectiveness of the measures taken at the external borders and the creation of the European Border and Coast Guard Agency; notes the efforts of the Agency in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressure; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises; emphasises the concerted efforts and cooperation between agencies and other stakeholders in organising the ‘Hotspot’ approach;
Amendment 55 #
2017/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NotWelcomes the steps taken through the amendment of the Schengen Borders Code and introduction of mandatory systematic register checks at entry and exit points for third-country nationals and for EU nationals, while remaining vigilant about the effects these requirements have on the border crossings of EU nationals;
Amendment 82 #
2017/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the ongoing reform of the SIS and the establishment of other large-scale information systems, such as SEA, ECRIS-TCN and ETIAS, as well as the objective of improving their interoperability while preserving the necessary safeguards, namely with regard to data protection and privacy;
Amendment 85 #
2017/2256(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the work on proposals for interoperablity of information systems should be taken as an opportunity to improve and partially harmonise national IT systems and national infrastructure at border crossing points;
Amendment 90 #
2017/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotWelcomes the work done in the field of cross-border police and judicial cooperation and cooperation between law enforcement cooperationagencies, and the work of Eurojust and EUROPOL, in particular the European Counter Terrorism Centre (ECTC) and the European Migrant Smuggling Centre, to counter organised crime, trafficking in human beings and terrorism through intelligence, information exchange and joint investigations;
Amendment 99 #
2017/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s efforts to elaborate the European Integrated Border Management (IBM) concept and strategy on the basis of the provisions in the European Border and Coast Guard Regulation;
Amendment 146 #
2017/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses concern about the lack of implementation in some areas of the regulation governing certain fields of external border control, such as the systematic consultation of databases during border checks and the thorough checking of the required entry conditions; is also concerned about the occasional unavailability of certain databases such as the SIS and the VIS at certain border crossing points; notes that clear non- compliance in establishing National Coordination Centres in accordance with the European Border Surveillance System Regulation (EUROSUR) is prevalent in many Member States;
Amendment 194 #
2017/2256(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the need to improve the security of identity cards provided by the Member States to EU citizens; calls on the Commission to propose standards for the security and biometric features incorporated in identity cards, as is already the case with passports;
Amendment 202 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures, under humane and dignified conditions, once a return decision has been issued; calls on the Member States to use the opportunity offered by Directive 2001/40/EC to acknowledge and implement a return decision taken by another Member State rather than making a new return decision or sending an irregular migrant back to the first issuing Member State; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to detention;
Amendment 238 #
2017/2256(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to adopt a legislative proposal to include, in a common European repository, documents for long-stay visas, residence permits and permits allowing passage to a border in order to facilitate controls at external borders and improve the authentication of documents;
Amendment 240 #
2017/2256(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Welcomes the implementation of the ADEP pilot project, which aims to establish a system with an index enabling the user to know if an individual appears in the police register in one or more Member States, and calls on the Commission to adopt a legislative proposal to set up a European Police Record Index System;
Amendment 243 #
2017/2256(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of reforming and adapting the SIS to face new challenges swiftly, namely regarding the protection of missing children who are at risk or missing, the immediate, obligatory exchange of information on terrorism and the mandatory exchange of information on return decisions; highlights the anticipated substantial increase in the activity of the Supplementary Information Request at the National Entry (SIRENE) Bureau and calls on Member States to reinforce the means at its disposal by ensuring that it has adequate financial and human resources to carry out its new functions;
Amendment 6 #
2017/2253(INI)
Motion for a resolution
Recital B
Recital B
B. whereas equivalence, and passporting rights and mutual recognition are distinctly different concepts, providing different rights to and obligations for financial institutions and market participants;
Amendment 38 #
2017/2253(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas it is necessary for the purposes of the Union's financial stability to fully consider the interconnectedness between third country markets and the EU's single market;
Amendment 56 #
2017/2253(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. NoteRecalls that the Member States may not always entirely support international cooperkey objective of EU legislation owing to concerns about the protection of national interests anhe area of financial services is to safeguard the finherent incentive to shift risks to other jurisdictancial stability of the Unions;
Amendment 68 #
2017/2253(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that, in many cases, the granting of equivalence is a unilateral and discretionary decision taken by the EU and is not applied in a reciprocal manner by third countries; considers that international cooperation could be better advanced by dint of international agreements negotiated between the EU and third countries; notes that, unlike equivalence, international agreements can provide mutual access between the EU and third countries for financial institutions and for the mutual recognition of rules;
Amendment 78 #
2017/2253(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. emphasises that the EU should encourage other jurisdictions to grant access to their financial markets to EU market participants;
Amendment 100 #
2017/2253(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises that one of the key objectives for equivalence is to promote regulatory convergence on the basis of international standards, while maintaining the ability to safeguard the stability of EU financial markets;
Amendment 105 #
2017/2253(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that, as it stands, the EU’s process for granting equivalence lacks certainty and sufficient transparency, and requires a structured and practical framework outlining clear procedurin some cases clarity, with regards to procedures underlying the recognition of third countries supervisory frameworks; takes the view that guiding principles should underline the EU's equivalence regimes, whereby the process would be more transparent and provide greater clarity for third countries;
Amendment 114 #
2017/2253(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that equivalence decisions and international agreements should be objective, proportionate, risk- sensitive and be taken in the best interests of the Union and its citizens;
Amendment 129 #
2017/2253(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 140 #
2017/2253(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the Commission has the right to withdraw equivalence decisions, and believes that Parliament should be consulted in a timely manner bethe Commission should explain in detail to Parliament the reasons fore such a withdrawal decision isbeing taken; calls for the introduction of clear procedures and timelines governing the adoption, withdrawal or suspension of equivalence decisions;
Amendment 149 #
2017/2253(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that there is no consistent framework for ongoing supervision of an equivalent third country’s regime; considers that the European Supervisory Authorities (ESAs) should be equipped with the power to monitor regulatory developments in third countries assess the effect such developments may have based on, inter alia, the interconnectedness of the third countries' financial system with that of the Union, and demands that Parliament should be kept informed of ongoing regulatory developments and monitoring thereof in third countries;
Amendment 160 #
2017/2253(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to adopt at least a set of guiding principles, and if appropriate, a legislative act establishing a clear frameworkapproach for a transparent, coherent and consistent application of equivalence procedures which introduces a standardised process for the determination of equivalence;
Amendment 170 #
2017/2253(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for equivalence decisions to be reviewed at least once every three years by the relevant ESA and for such reviews to be made public; highlights that such reviews should be based on, at least, the relevant legislation and its implementation, as well as the relevant supervisory practices in the third country concerned;
Amendment 173 #
2017/2253(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls furthermore on the Commission to make ad hoc assessments of equivalence provisions based on reasoned requests from the Parliament, Council, ESAs, and where relevant the ECB, NCAs and the ESRB;
Amendment 198 #
2017/2253(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls the importance of National Competent Authorities (NCAs) in the authorisation process for financial institutions that wish to delegate part of their portfolio management or risk management to service providers in third countries where the regulatory regime is comparableat the ESAs must have an ever more important role in the analysis of third country supervisory frameworks as the EU continues to build towards the completion of Capital Markets Union; calls, in this respect, for the relevant ESAs to that ofve the EU; considers that NCAs have sufficient technical knowledge and expertise to properly assess delegation approval requests; encourages the ESAs to develop further cooperation between capacity and powers to collect, collate and analyse data; recalls the importance of close cooperation between ESAs and National Competent Authorities (NCAs) in order to share best practice concerning regulatory cooperation and activities with third countries;
Amendment 6 #
2017/2179(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of EASO's ongoing efforts to address deficiencies with regard to high staff turnover; Points out that the high turnover of EASO national experts staff can put at risk threatening the quality of EASO’s worke achievement of objectives set in EASO’s annual and multi-annual work programmes;
Amendment 9 #
2017/2179(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges that EASO, eu- LISA and to a much lesser extend EMCDDA did not fully comply with public procurement principles and rules laid down by the Financial Regulation; notes that for EUunderstands that in the case of eu-LISA decisions had to be taken to ensure the stability and continuity of the border management of external borders of the Schengen area; notes that for eu-LISA, Frontex and EMCDDA the Court also identified weaknesses in monitoring contract implementations; highlights also the very significant weaknesses of EASO Internal Controls; welcomes however the commitment of these three Agencies to improve themselves and take the necessary corrective measures;
Amendment 11 #
2017/2179(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that eu-LISA and EASO are the only JHA agencies for which there are no obligations to conduct regular external audits in their founding regulations; requests these Agencies and the Commissioncalls on the co-legislators to evaluate options to address this important issue when revising their founding regulations;
Amendment 13 #
2017/2179(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges in particular Eurojust, CEPOL, EASO and eu-LISA to step up their efforts for adopting in due time and for effectively implementingthe Commission to ensure the swift adoption of its guidelines on whistleblowing that will consequently be immediately adopted and effectively implemented by Union Agencies, including Eurojust, CEPOL, EASO and eu-LISA, in the form of clear internal rules on the protection of whistle-blowers;
Amendment 4 #
2017/2178(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Is concernedNotes that the public procurement procedure launched for the further development and maintenance of the VIS system (EUR 1924 million for a six -year contract) without precisely defining the services requested, as per the system's legal base, required tenderers to have access to the Biometric Matching Service technology developed by one single company with no obligations to provide commercial access to tenderers; calls on the Agency to, whenever possible, avoid being locked- in to any vendors as this would be detrimental to its long term financial interests, damaging the cost- effectiveness of procurement procedures and limiting competition; urges the Agency to, whenever possible, conclude agreements with multiple suppliers and to define the services required precisely;
Amendment 7 #
2017/2178(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the Court of Auditors' conclusions that the annual accounts of the European Agency for the Operational Management of Large-scale IT Systems in the Area of Freedom, Security and Justice (“the Agency”) present fairly its financial position on 31 December 2016 and that its transactions are legal and regular;
Amendment 9 #
2017/2178(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Agency amended the construction contract for its premises in Strasbourg (EUR 21.2 million) to proceed with advance payments in order to increase its budget consumption; notes that such a change was linked to the financial cycle imposed by the Financial Regulation for non-differentiated appropriations; points out that by November 2016, the Agency had paid the full contract amount alin full, even though less than half of the work had been completed; notes that the risk was partly offset by financial and performance guarantees as stipulated in the contract; requests the Agency to better assess the necessity of taking such financial risks as the use of financial guarantees does not cover all financial riskin future projects;
Amendment 11 #
2017/2178(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. RegretNotes that, in 2016, the Agency received and accepted supplies amounting to EUR 2.8 million without having budget and contracts in place for it; understands that such a move was made to ensure the stability and continuity of the border management of external borders of the Schengen area; requests the Agency to better adhere to public procurement procedures;
Amendment 18 #
2017/2178(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the internal whistleblowing procedure has not yet been implemented yet; calls on the Agency for an immediateEuropean Commission to ensure the swift adoption of its guidelines on whistleblowing that will consequently be immediately adopted and effectively implementation of the internal whistleblowing procedured by EU Agencies, including the Agency; understands that, as an interim measure, the Agency has been pro-active by including general whistleblowing principles in its code of conduct, which is easily accessible on the Agency's website;
Amendment 23 #
2017/2178(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with concern that there is no specific legal requirement in the Regulation (EU) 1077/2011, establishing the Agency;, on publication of the individual statements of commitment, including the declarations of interests of the members of the Management Board and of the Advisory Group; urges the Agencyco- legislators to adopt, and consequently for the Agency to effectively implement, legal requirements and guidelines for a coherent policy on the prevention and management of conflicts of interest, as well as to develop a clear and transparent policy on these matters; welcomes that, in the absence of any legal requirement, the Agency has published individual statements of commitment of the members of the Management Board;
Amendment 24 #
2017/2178(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses with concern that the first annual monitoring report on the implementation of the Agency’s anti-fraud strategy (April 2016) showed a low level of implementation close to 60%, while the next monitoring report (MarchNovember 2017) showsed a level of quantitative implementation of at least 80%; notes the progress made in this regard; calls on the Agency to constantly improve the implementation of its anti-fraud strategy;
Amendment 2 #
2017/2177(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that in order to cover its support to Member States of first entry, in particular for the registration and interviewing of asylum applicants and for the relocation scheme, the budgetWelcomes the Court of Auditors' conclusions that the annual accounts of the European Asylum Support Office (‘the Office’) incpreased by 273 %; underlines the fact that the Office’s staff increased by only 34 % and that far fewer experts from Member States have been deployed to Member States of first entry than actually needednt fairly its financial position on 31 December 2016; notes, however, that the Court of Auditors issued a qualified opinion on the payments underlying the Office's accounts;
Amendment 5 #
2017/2177(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that, in order to cover its support to Member States of first entry, in particular for the registration and interviewing of asylum applicants and for the relocation scheme, the budget of the European Asylum Support Office (‘the Office’) increased by 273 %; notes that the Office’s staff increased by 34 % and that fewer experts from Member States have been deployed to Member States of first entry than actually needed;
Amendment 12 #
2017/2177(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Requests the Office to improve its budgetary management asNotes that the level of committed appropriations for Title II (administrative expenditure) carried over was high at EUR 2,5 million (43,9 %) and corresponds to contracts signed towards the end of 2016 or for which invoices were only issued in 2017; requests therefore that the Office improve its budgetary management;
Amendment 13 #
2017/2177(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets theat the Court of Auditors issued a qualified opinion on the payments underlying the Office's accounts due to fact that two of the five procurement procedures that audited payments (representing 2.9% of the total expenditures) were irregular due to relatehad irregular public procurement procedures; notes also the signature of an irregular additional framework contract for which no payments were made; requests the Office to cancel all related contractscognises that the Office agreed to the contract due to the extreme pressures it was facing at the time; highlights, nevertheless, that such irregular procurement procedures are unacceptable and asks the Office to ensure that they are not repeated;
Amendment 3 #
2017/2169(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the relatively high level of carry-overs of committed appropriations for Title II (administrative expenditure) at EUR 4,23,5 million, i.e. 41 39%; acknowledges that it is due to the nature of the administrative arrangements between Europol and its host state regarding building works; notes that Europol received an Internal Security Fund emergency assistance grant of EUR 1,5 million in 2016 with a view to deploying experts (guest officers) to hotspots to conduct secondary security checks, with this expenditure being audited and deemed as being eligible;
Amendment 8 #
2017/2169(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the 102 % staff and 8,3 % budget increases of Europol in 2016 following the decision to entrust Europol with new tasks; notes the high implementation rates for commitment (99,8 %) and payment appropriations (91,0 %);
Amendment 11 #
2017/2169(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the commitment ofsteps taken by Europol to address in a timely fashion the single critical recommendation and the majority of the twenty-six very important recommendations identified as part of the internal audits conducted on operational support provided by the European Cybercrime Centre to Member States as well as on the implementation by Europol of internal control standards; calls on Europol to take the necessary action to address the remaining five recommendations that are still pending;
Amendment 14 #
2017/2169(DEC)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 18 #
2017/2169(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights that Europol’s new legal framework provides for additional measures in terms of providing the discharge authority with dedicated information about its work, including sensitive operational matters; regrets, however, thatwelcomes the publication of declarations of interest ofby the members of Europol’'s mManagement boarBoard on Europol's website; welcomes Europol's updated version of its code of conduct and its still pending;whistleblowing arrangements, which provide additional safeguards to Europol's operation.
Amendment 3 #
2017/2164(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the mandate of Frontex was considerably extended with a budget increase of 75 % versus 18 % for its staff; notes in this context,Welcomes the Court of Auditors' conclusions that the annual accounts of the Agency fairly presentFrontex present fairly its financial position on 31 December 2016 and that its transactions are legal and regular; highlights that the mandate of Frontex was considerably extended with a budget increase of 75% and a staff increase of 18%;
Amendment 4 #
2017/2164(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, as a result of the migration crisis, Frontex faced problems in absorbing additional Union funds granted throughout 2016, leading to considerable difficulties in complying with budgetary and financial rules; stresses the high level of cancelled carry-overs from 2015 for Title III (16 %) %); notes in this regard the overall budget utilisation rate of 95,3% for the 2015 appropriations; underlines that it originally allocated EUR 20 million from its 2016 budget for expenditure dedicated to ‘hotspots’ but; notes that the Agency has in the meantime alreadyso committed almost EUR 35 million for that purpose; p and the linked joints out that the Agency performed illicit “national returns” until October 2016, which resulted in irregular paymentsperational activities; acknowledges the Agency's 2016/36 Decision adopted by its Executive Director, which provided that it would be possible for joint return operations carried out by one single Member State facing disproportionate pressure to be financed from the Agency's budget; requests the Agency to significantlyalways improve its financial planning and budget management capabilities;
Amendment 9 #
2017/2164(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Criticises the irregular recruitment of 14 temporary staff at high AST grades; requests the Agency to strictly adhere to the Staff Regulations at all timenotes, however, the efforts made by the Agency to balance the geographical distribution of its recruitment of qualified candidates, keeping in mind the difficulties faced to recruit the right candidates for certain profiles; requests the Agency to strictly adhere to the Staff Regulations at all times; notes in this regard that the Staff Regulations offer the necessary flexibility for labour market conditions prevailing in the Union to be taken into account when recruiting officials in order to address the specific needs of the institutions; stresses that the Agency’s staff will more than double from 2016 to 2020; regrets, however, that the increase iwas not based on a thorough analysis in the legislative financial statement prepared by the Commission; requests the Agency to better justify its needs in the future based on accurate and verifiable information;
Amendment 4 #
2017/2163(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the high staff turnover of CEPOL after its relocation from the United Kingdom to Hungary; notrecognises that ithis is due to the difference in salary correction coefficients and the low recruitment grades; encourage takingnotes in this regard that the Staff Regulations offer the necessary flexibility for labour market conditions prevailing in the Union to be taken into account when recruiting officials in order to address the specific needs of the institutions; encourages CEPOL to take long term actions to stabilise staff turnover especially in the ICT area;
Amendment 5 #
2017/2163(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the outreach of CEPOL has significantly increased in 2016 with athe number of participants reaching 18, 009 compared to 12, 992 in 2015 (+38,6%); highlights the quality of CEPOL products, with 95% of participants being very satisfied or satisfied; welcomes that the certification of CEPOL according tois in accordance with the Quality Management System Standard ISO 9001:2015;
Amendment 7 #
2017/2163(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Agrees with theCEPOL's Management Board that CEPOLthe Agency has effectively delivered the expected products and services in accordance with its 2016 Work Programme;
Amendment 2 #
2017/2155(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the recommendation of the Court of Auditors of 2011 regarding re-the redefinition of respectivthe roles and responsibilities betweenof the Administrative Director and the College, to avoid the overlaps of responsibilities; regrets that no corrective measuracknowledges thas been taken by Eurojust since 2011 since the newt the Eurojust Regulation was still under considerationbeing negotiated by the co-legislator end of 2016s in 2016, thus no corrective measures could have been taken to solve this matter;
Amendment 8 #
2017/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges Eurojust toCalls on the European Commission to ensure the swift adoption of its guidelines on whistleblowing that will consequently be immediately adopted and effectively implemented by Union Agencies, including Eurojust; urges the Agency in the interim to further step up its efforts for finalisingto ensure clear internal rules onfor the protection of whistleblowers;.
Amendment 4 #
2017/2150(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 11 #
2017/2150(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. EncouragWelcomes the commitment of the Centre to provide improved access to its data to interested third parties; expects that such a commitment has to result in actions taken in this regard.
Amendment 2 #
2017/2149(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Court of Auditors identified that formal delegations and sub- delegations from authorising officers were not always consistent with the corresponding authorisation rights for transactions in the Agency’s financial systems; notes the immediate correction of the error by the Agency but requests that it also put in place mechanisms to detect and fix such errors much more quickly; reminds the Agency to establish the necessary internal mechanisms to ensure that this does not happen again in the future;
Amendment 4 #
2017/2149(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, as in 2015, carry-overs of committed appropriations were high for Title III (operating expenditure) at EUR 5,2 million, i.e. 68 %; acknowledges that this year, as in the previous year, this simply reflects the multi-annual nature of the Agency’s activities;
Amendment 8 #
2017/2149(DEC)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 8 #
2017/2144(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes efforts of the EDPS to help move forward the global debate on data protection and privacy; hHighlights the quality of the advisesce given to EU policy makers in relation to the adoption of the Umbrella agreement and the Privacy Shield as well as in relation to the preparation of the adoption of new rules for the EU institutions and for e-Privacy in 2017; acknowledges the EDPS efforts to prepare itself for ensuring the Secretariat of the new European Data Protection Board (EDPB) as part of the General Data Protection Regulation (GDPR); notes with interest the launch of the Ethics Advisory Group;
Amendment 2 #
2017/2136(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the opinion of the European Court of Auditors on the 2016 accounts of the Union; highlights especially the further reduction of payment errors in 2016 to the all-time low of 3.1 % and notes that this is the first time that the Court issues a qualified opinion on payments since 1994; regrets howevernotes that the payment error rate for Heading 3 (Security and Citizenship) was not calculated by the Court as only 15 transactions have been auditeddue to the small sample size of audited transactions;
Amendment 5 #
2017/2136(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the overall amount mobilised for migration and asylumthe refugee and migration crisis was not reported by the Commission in 2016 and is difficult to estimate; encourages therefore the Commission to develop a coherent and comprehensivespecific reporting structure for that purpose; recalls its call on the Commission to split up budget lines in order to enhance transparencyis purpose;
Amendment 9 #
2017/2136(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Reminds that special instruments were used extensively in 2015, 2016 and 20176 to respond notably to the humanitarian situation faced by asylum- seekers in the EU and that there is therefore a risk that the amounts left until the end of the current MFF may not be sufficient to respond to unexpected events that may occur before 2020; requests the Commission to solve this structural issue in the next MFF;
Amendment 12 #
2017/2131(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU) and whereas those values, which are common to the Member States and are values to which all Member States have freely subscribed, constitute the foundation of the rights enjoyed by those living in the Union;
Amendment 13 #
2017/2131(INL)
Motion for a resolution
Recital B
Recital B
B. whereas any clear risk of a serious breach by a Member State of the values enshrined in Article 2 TEU does not concern solely the individual Member State where the risk materialises but has an impact on the other Member States, mutual trust between them and on the very nature of the Union and its citizens’ rights;
Amendment 16 #
2017/2131(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Article 7 , paragraph 1, TEU constitutes a preventive phase endowing the Union with the capacity to intervene in the event of a clear risk of a serious breach of common values; whereas such preventive action provides for a dialogue with the Member State concerned and is intended to avoid possible sanctions;
Amendment 34 #
2017/2131(INL)
Motion for a resolution
Annex I – point 1 a (new)
Annex I – point 1 a (new)
(1a) According to Article 49 TEU, accession to the Union requires respect for and the promotion of the values referred to in Article 2. The accession of Hungary was a voluntary act based on national sovereignty, with a broad consensus across the Hungarian political spectrum.
Amendment 36 #
2017/2131(INL)
Motion for a resolution
Annex I – point 4
Annex I – point 4
(4) In its resolution of 17 May 2017 on the situation in Hungary, the European Parliament stated that the current situation in Hungary represents a clear risk of a serious breach of the values referred to in Article 2 TEU. and justified the triggering of the procedure provided for in Article 7, paragraph 1, TEU;
Amendment 37 #
2017/2131(INL)
Motion for a resolution
Annex I – point 5
Annex I – point 5
(5) A wide range of actors at the national, European and international level, have repeatedly expressed their deep concerns about the situation of democracy, the rule of law and fundamental rights in Hungary, includingIn its 2003 Communication on Article 7 of the Treaty on European Union1 a, the Commission cites the reports of international organisations and NGOs as sources of information enabling respect for common values to be monitored. In this regard, the Commission cites the United Nations Commission on Human Rights, the Council of Europe Commissioner for Human Rights, the OSCE and the NGOs Amnesty International, Human Rights Watch and the International Federation for Human Rights. These bodies and NGOs and also the EU institutions and bodies of the Union, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE), the United Nations (UN), as well as numerous civil society organisations.are among the players at the national, European and international level which have repeatedly expressed their deep concerns about the situation of democracy, the rule of law and fundamental rights in Hungary. __________________ 1a COM(2003) 606
Amendment 59 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
(10) In recent years the Hungarian Government has extensively used national consultations, including one on migration and terrorism launched in May 2015. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultations.
Amendment 93 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 a (new)
Annex I – point 20 a (new)
(20a) According to the anti-corruption report published by the Commission in 20141 b, corruption is perceived as widespread (89%) in Hungary. According to the 2017 Corruption Perceptions Index published by Transparency International, Hungary has lost 10 points in six years, making it one of the lowest ranked states in the European Union. Hungary is one of the greatest recipients of EU funds and more than half of public investment comes from EU funds. Hungary, however, has refused to participate in the European Public Prosecutor's Office set up to combat infringements affecting the Union budget. __________________ 1b COM(2014) 38
Amendment 33 #
2017/2124(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ECB has missed its 2 % inflation targetinflation in the Eurozone has been significantly below 2 % in each of the four years since 2013 and forecasts that it will not reach this target beforestay below 2 % until 2020;
Amendment 45 #
2017/2124(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in 2016, the ECB’s net profit stood at EUR 1.19 mbillion compared with EUR 1.08 mbillion in 2015;
Amendment 69 #
2017/2124(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the federal naturindependence of the ECB, which in its ruoles out national vetoes, enabling it to act decisively in addressing the crisis as the euro area´s monetary authority;
Amendment 81 #
2017/2124(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Gives a positive assessment of the monetary policy pursued by the ECB in the period 2012-2016 in terms of its contribution to economic recovery by preventing deflation, preserving favourable financing conditions and maintaining financial stability and the proper functioning of the payment systems but stresses its concern regarding the potential consequences of a negative interest rate policy for individual savers and the financial equilibrium of pension schemes as well as about the build up of asset bubbles due to quantitative easing;
Amendment 114 #
2017/2124(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned that the ECB will likely not reach its inflation target for at least six consecutive years and will remain below the medium-term target level ofNotes that the inflation in the Eurozone is expected to remain below 2 % until at least 2020 despite pursuing a verya accommodative monetary policy, which indicates that the economy is not operating at full capacity by the ECB;
Amendment 120 #
2017/2124(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 138 #
2017/2124(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Agrees with the ECB that in order to reach the inflation target, supportive fiscal policies and socially balanced productivity-enhancinga balanced mixed between fiscal policies and growth enhancing structural reforms are required;
Amendment 147 #
2017/2124(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 167 #
2017/2124(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 191 #
2017/2124(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that GDP growth in the Eurozone has been stable but modest, standing at 2 % in 2015 and 1.8 % in 2016, and that the Commission’s Spring 2017 Economic Forecast predicts that GDP growth will remain below 2 % until at least 2019;
Amendment 214 #
2017/2124(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the positive effect of the ECB monetary policy on growth, employment and the financing costs of Member States, non-financial companies and households but stresses that monetary policy will fall short if not complemented by growth-enhancing structural reforms;
Amendment 221 #
2017/2124(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that according to the ECB, economic recovery in the Eurozone has relied on the fall in oil prices and the ECB’s monetary policy, which will add a cumulative 1.7 % to growth in the period 2016-2019, with no sizable positive contribution from fiscal policy so far;been affected by the fall in oil prices
Amendment 230 #
2017/2124(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the single monetary policy alone is not sufficient to achieve a sustainable and more even and inclusive economic recovery, and that public and private investments should therefore be encouraged in the context of a moderately positive fiscal stance in the Eurozone as proposed by the Commission;cannot stimulate aggregate demand unless it is complemented by sound fiscal policies and ambitious growth enhancing structural reform programmes at Member State level; recalls that the main benefit of monetary policy is to safeguard price stability in order to guarantee a stable environment for investment; considers that monetary policy is not the appropriate tool to solve the structural problems of the European economy
Amendment 248 #
2017/2124(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Agrees with the ECB that all Eurozone countries would benefit from intensifying efforts towards achieving a more growth-friendly composition of public finances;
Amendment 252 #
2017/2124(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that while unemployment has decreased, aggregate demand in the euro area remains subdued, largely as a result of the rise in poor quality, temporary, low-paid jobs; calls on the ECB to evaluate how this phenomenon is slowing the recovery and explore ways to stimulate demand in spite of wage stagnationmany Eurozone continues to suffer from a high level of unemployment and more should be done to tackle youth unemployment and to create high quality jobs;
Amendment 263 #
2017/2124(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes with concern that the Eurozone continues face a low level of productivity growth following a lack of investment since the beginning of the crises;is concerned that the still high level of public debt and large numbers of non- performing loans in the banking sector in some Member States are still fragmenting the financial markets, thus reducing room to manoeuvre to support the most fragile economies
Amendment 280 #
2017/2124(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the MIP foresees actions if excessive current account surpluses in some Member States must be corrected through appropriate fiscal policieare detrimental to others;
Amendment 292 #
2017/2124(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 298 #
2017/2124(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 321 #
2017/2124(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Agrees with the ECB that a bank’s profitability depends on its business model, low interest rates notwithstanding; and that the European banking sector is characterized by diversity, not least as a result of national specificities, but because it contributes to the stability of the financial system
Amendment 337 #
2017/2124(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Acknowledges that the current policy of low interest rates has a positive effect on the level of nonperforming loans (NPLs); calls for a European strategy involving a secondary market for NPLs in order to alleviate the burden of NPLs in some Member States which would include strict conditionality on progress in Member States regarding insolvency law or banks' governance;
Amendment 358 #
2017/2124(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls the ECB’s attention to the need for the sufficiently wide coverage of recent stress tests vis-à-vis the resolution or liquidation of certain banks; calls the ECB as overseer of financial market infrastructures to assess constantly the resilience of the individual cyber security systems, the network as a whole but also its own system;
Amendment 391 #
2017/2124(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. EncouragesTakes note of the possibility for the ECB to take steps to align its CSPP purchases with the EU’s commitment to tackling climate change;
Amendment 405 #
2017/2124(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Agrees that a well-functioning, diversified and integrated capital market would support the transmission of the single monetary policy; is of the opinion that the CMU plays a key role in expanding the pool of capital in the EU; calls for the full and timely completion and implementation of the capital markets union and the banking union;
Amendment 416 #
2017/2124(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the positive opinion of the ECB on the quickConsiders that establishment of the European deposit insurance scheme (EDIS) as the third pillar of a fully-fledged banking union; stresses that the EDIS willcould further help to enhance and safeguard financial stability; underlines the importance of risk reduction measures preceding further risk sharing
Amendment 422 #
2017/2124(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 443 #
2017/2124(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Agrees with the ECB on the importance of physical money as the only legal tender, and reminds all Eurozone countries that euro coins and banknotes must not be rejected in transactions;
Amendment 469 #
2017/2124(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. UrgeAsks the ECB to support Greece, for example through ensuring the eligibility of Greek companies for the CSPP and the inclusion of Greek sovereign bonds in the APPcontinue providing the necessary support with any Member State of the Eurozone or to the area as a whole in accordance with the Treaty;
Amendment 494 #
2017/2124(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Believes that ECB profits from seigniorage revenue shcould be considered an EU budgetary resource, since they are directly linked to a fully developed, sui generis European policy;
Amendment 513 #
2017/2124(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Considers that the ECB’s growing number of responsibilities and tasks necessitate greater ECB transparency and accountability towards Parliamentgoes hand in hand with a growing accountability towards Parliament in association with the CJEU, the European Ombudsman, the European Court of Auditors, the OLAF and the European Data Protection Supervisor;
Amendment 213 #
2017/2114(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes that difficulties in access to finance faced by companies across the EU, in particular by small and medium- sized enterprises, represents an obstacle to the overall competitiveness of the euro area;considers the implementation of measures to improve access to finance a key priority for the improvement of competitiveness in the euro area;
Amendment 219 #
2017/2114(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Considers the deepening of the single market to be a major contributor to the economic development of the euro area;notes that administrative, legal and financial obstacles remain to cross-border economic activity, which represent a particular burden to small and medium- size enterprises;considers that steps should be taken for the harmonisation of administrative, legal and financial requirements for cross-border economic activity;
Amendment 223 #
2017/2114(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Emphasises that excessive and inefficient government bureaucracy represents an obstacle to business across the EU, being particularly burdensome to small and medium-sized enterprises, and could represent a barrier to entry;considers that measures need to be implemented to streamline government bureaucracy and make it more efficient;stresses that digitalisation of such bureaucracy would be a welcomed step forward;
Amendment 246 #
2017/2114(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that reforms removing investment bottlenecks would allow for immediate support for economic activity and at the same time set the conditions for long-term growth; stresses that the completion of the Capital Markets Union is a crucial factor to attract and to increase investment, and improve the financing of growth and jobs;
Amendment 250 #
2017/2114(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers research, technology and education to be of vital importance to the long-term economic development of the Euro area;stresses the vast disparities between member states in investment in these areas;notes that investment in these areas can contribute to the development of innovation in the EU;considers that member states should take active measures to meet their target gross domestic expenditure on research and development in the context of the Europe 2020 Strategy;
Amendment 14 #
2017/2068(INI)
— having regard to the Budapest Convention on Cybercrime of 23 November 20012 and the Additional Protocol thereto, _________________ 2 Council of Europe, European treaty Series, No 185, 23.11.2001.
Amendment 18 #
2017/2068(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to the European Strategy for a Better Internet for Children (COM(2012) 196) and the Commission report of 6 June 2016 entitled 'Final evaluation of the multi-annual EU programme on protecting children using the Internet and other communication technologies (Safer Internet)' (COM(2016) 364),
Amendment 20 #
2017/2068(INI)
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
— having regard to the Council conclusions of 9 June 2016 establishing the European Judicial Cybercrime Network,
Amendment 59 #
2017/2068(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, given the cross-border nature of cybercrime, cooperation between Member States and, in particular, between their police and judicial authorities is essential for conducting effective investigations in cyberspace and obtaining electronic evidence;
Amendment 60 #
2017/2068(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas there is a need to enhance existing exchange between judicial authorities and experts in the field of cybercrime and investigations in cyberspace expressed most recently by practitioners in the context of the Illegal Trade on Online Marketplaces (ITOM) Project, as highlighted in the Council conclusions of 9 June 2016;
Amendment 63 #
2017/2068(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the TELE2 judgment of the CJEU, while confirming that data retention is an essential tool in the fight against serious crime and terrorism, imposes stringent limits on police and judicial access to the data of cybercrime suspects;
Amendment 68 #
2017/2068(INI)
Motion for a resolution
Recital G
Recital G
G. whereas children are using the internet at an increasingly early age and are particularly vulnerable to online grooming and other forms of sexual exploitation online, misuse of personal data, hate messages, online harassment and other forms of abuse and therefore require special protection;
Amendment 102 #
2017/2068(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the fight against cybercrime is a priority under the European Agenda on Security of 28 April 2015;
Amendment 150 #
2017/2068(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to step up their efforts in relation to victim identification and victim-centred services and to continue to support Europol's Victim Identification Task Force;
Amendment 183 #
2017/2068(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to step up information exchanges via Europol and Eurojust on the challenges they face in the fight against cybercrime, as well as on solutions to address them;
Amendment 202 #
2017/2068(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Insists on the need for action in the area of online content and conduct harmful to children in order to protect them from the risks inherent in cyberspace; calls for efforts to be pursued in the context of the European strategy for a Better Internet for Kids (BIK strategy 2012);
Amendment 207 #
2017/2068(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Insists on the need for Member States which have not yet done so to criminalise not only online grooming but also cyberstalking and luring children online, i.e. where adults communicate online with a minor or a person they believe to be a minor for the purpose of subsequently committing a crime against that person, whether or not such contacts lead to a proposal to meet; in this connection, calls on the Commission to bring forward a legislative proposal to criminalise cyberstalking;
Amendment 245 #
2017/2068(INI)
17a. Expresses concern at the use by internet service providers of carrier-grade network address translation technologies (NAT CGN) which make it possible for several users to share a single IP address at the same time, jeopardising online security and liability; calls on the Member States to encourage internet service providers and network operators to take the steps needed to limit the number of users per IP address, phase out the use of CGN technologies and make the investment required to introduce as a matter of urgency the next generation of internet protocol addresses (version 6 - IPv6); calls on the Commission to monitor the progress made in this area and, if necessary, propose legislative measures;
Amendment 270 #
2017/2068(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to work together with the Member States and the third countries concerned and with the private sector to draw up a common framework for cooperation with service providers in connection with requests to obtain specific categories of data, in particular subscriber data, where this is authorised by the laws of a third country or where another comparable solution is available which makes for the prompt, lawful disclosure of the data in question; this framework should seek to prevent inconsistent interpretations and conflicts between existing sets of rules and tackle the question of the non-disclosure of data requests; it should also lay down common necessity and proportionality criteria for requests made to service providers, so that lawful access to this data can be obtained;
Amendment 297 #
2017/2068(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on service providers to make provision for clear types of referral and set up a properly defined back office infrastructure which makes it possible to act quickly and appropriately on referrals;
Amendment 299 #
2017/2068(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls on service providers to step up their efforts to raise awareness of the risks inherent in going online, in particular for children, by developing interactive tools and information materials;
Amendment 300 #
2017/2068(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished; deplores the fact that the use by internet servive providers of technologies such as NAT CGN seriously hampers investigations by making it technically impossible to identify who exactly is using an IP address and thus who is responsible for online crimes; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperative for reasons of security and justice;
Amendment 308 #
2017/2068(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Member States to step up and improve their cooperation in the fight against cybercrime, and emphasises the need to optimise the use of existing 24/7 contact points and make more frequent use of joint investigation teams, in order to facilitate information sharing and speed up mutual legal assistance procedures;
Amendment 339 #
2017/2068(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Emphasises the need to develop the practical basis for a common EU approach to the issue of jurisdiction in cyberspace, as pointed out at the informal meeting of justice and home affairs ministers held on 26 January 2016;
Amendment 342 #
2017/2068(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Calls on those Member States which have not yet done so to ratify and apply in full the Convention on Cybercrime of 23 November 2001 and its additional protocols;
Amendment 352 #
2017/2068(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines the need to find ways of seizing and obtaining e-evidence more quickly and the importance of close cooperation between law enforcement authorities and the private sec, third countries and service providers active on European territory on the issue of access to e-evidence; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from responding to foreign law enforcement requests;
Amendment 368 #
2017/2068(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to work closely with the Member States, Eurojust and third countries to consider and draw up recommendations on ways of adapting, if necessary, the existing standardised forms and procedures used in making requests to seize and obtain e-evidence;
Amendment 369 #
2017/2068(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Calls on the Commission to develop a secure online portal for electronic requests and replies concerning e-evidence and the corresponding procedures and guidelines and training modules on the effective use of the existing frameworks used when seizing and obtaining e-evidence, including guidelines to clarify when, under the existing rules, the use of mutual legal assistance or mutual recognition instruments is not necessary;
Amendment 8 #
2017/0810(COD)
Proposal for a decision
Citation 1 a (new)
Citation 1 a (new)
Bank Having regard to the Treaty on European Union, and in particular Article 51 thereof,
Amendment 29 #
2017/0810(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
Bank (8a) The new powers of the ECB regarding clearing systems for financial instruments under Article 22 of the Statute of the ESCB should be exercised alongside, and should not encroach on the regulatory competence of, other Union institutions, agencies and bodies on the basis of provisions relating to the establishment or functioning of the internal market provided for in Part III of the TFEU, including those contained in acts adopted by the Commission or by the Council pursuant to the powers conferred upon them. Therefore, in order to ensure that the respective powers of each entity are respected and to prevent conflicting rules and inconsistencies between the decisions taken by different Union institutions and agencies, the powers conferred under Article 22 of the Statute of the ESCB should only be exercised in a manner which fully recognises the general framework for the internal market established by the co-legislators and relevant Union institutions.
Amendment 44 #
2017/0810(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Statute of the European System of Central Banks and of the European Central Bank
Article 22
Article 22
Bank The ECB and national central banks may provide facilities, and the ECB may make regulations, to ensure efficient and sound clearing and payment systems, and clearing systems for financial instruments, within the Union and with other countries. In order to achieve the objectives of the ESCB and perform its tasks, the ECB may make regulations concerning clearing systems for financial instruments within the Union and with third countries, provided that it does so in a manner that fully recognises the legislative acts adopted by the European Parliament and the Council in this area as well as measures adopted under such acts.
Amendment 39 #
2017/0226(COD)
(7) Common definitions in this area are important to ensure a consistent approach in Member States’ application of this Directive and facilitate information exchange and cooperation between competent authorities. The definitions need to cover new types of payment instruments, such as electronic money and virtual currencies.
Amendment 42 #
2017/0226(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Effective and efficient criminal law measures are essential to protect non-cash means of payment against fraud and counterfeiting. In particular, a common criminal law approach is needed to the constituent elements of criminal conduct that contribute to or prepare the way for the actual fraudulent use of means of payment. Behaviour such as the collection and possession of payment instruments with the intention to commit fraud, through, for instance, phishing or skimming, and their distribution, for example by selling credit card information on the internet, should thus be made a criminal offence in its own right without being directly linked to the actual fraudulent use of means of payment. So such criminal conduct should also cover circumstances where possession, procurement or distribution does not necessarily lead to fraudulent use of such payment instruments, if the offender is aware of such a possibility (dolus eventualis). The intentional nature of the offence may be inferred from objective, factual circumstances. This Directive does not sanction the legitimate use of a payment instrument, including and in relation to the provision of innovative payment services, such as services commonly developed by fintech companies.
Amendment 45 #
2017/0226(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The sanctions and penalties for fraud and counterfeiting of non-cash means of payment should be effective, proportionate and dissuasive throughout the Union. This Directive does not prevent Member States from applying stricter rules and sanctions with regard to fraud and counterfeiting of non-cash means of payment.
Amendment 52 #
2017/0226(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Jurisdictional rules should ensure that the offences laid down in this Directive are prosecuted effectively. In general, offences are best dealt with by the criminal justice system of the country in which they occur. Member States should therefore establish their jurisdiction over offences committed on their territory, over offences committed by their nationals and over offences that cause damage in their territory. When an offence falls within the jurisdiction of more than one Member State, the Member States concerned should cooperate in order to decide which of them are to investigate the case. To this end, it should be possible for the Member States to have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their actions.
Amendment 57 #
2017/0226(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The cross-border nature of the offences laid down in this Directive requires a strong coordinated response and cooperation within and between Member States. To that end, an efficient use of the available tools and resources for cooperation should be made, such as mutual recognition and legal assistance in relation to the offences covered by this Directive, irrespective of the threshold for penalties foreseen for these offences in national law.
Amendment 63 #
2017/0226(COD)
Proposal for a directive
Recital 18
Recital 18
(18) A number of instruments and mechanisms exist at Union level to enable the exchange of information among national law enforcement authorities to investigate and prosecute crimes. To facilitate and speed up cooperation among national law enforcement authorities and make sure that those instruments and mechanisms are used to their fullest extent, this Directive should strengthen the importance of the operational points of contact introduced by Council Framework Decision 2001/413/JHA. Member States may decide to make use of the existing network of operational points of contact, such as that set up in Directive 2013/40/EU of the European Parliament and of the Council48 . They should provide effective assistance, for example facilitating the exchange of relevant information and the provision of technical advice or legal information. To ensure the network runs smoothly, each point of contact should be able to communicate quickly with the point of contact of another Member State. Given the significant trans-border dimension of this area of crime and in particular the volatile nature of the electronic evidence, Member States should be able to promptly deal with urgent requests from this network of points of contact and provide feedback within eighttwo hours. _________________ 48 Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ L 218, 14.8.2013, p. 8).
Amendment 64 #
2017/0226(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Reporting crime without undue delay to public authorities is of great importance in combating fraud and counterfeiting of non-cash means of payment, as it is often the starting point of the criminal investigation. Measures should be taken to encourage reporting by natural and legal persons, in particular financial institutions to law enforcement and judicial authorities and should include the establishment of an effective and secure national online fraud-reporting system. The use of standardised reporting templates at Union level would allow for better analysis of threats and would facilitate the work and cooperation of national competent authorities. These measures can be based on various types of action, including legislative ones, such as obligations to report suspected fraud, or non-legislative ones, such as setting up or supporting organisations or mechanisms favouring the exchange of information, or awareness raising. Any such measure that involves processing of the personal data of natural persons should be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council49 . In particular, any transmission of information regarding preventing and combating offences relating to fraud and counterfeiting of non-cash means of payment should comply with the requirements laid down in Regulation (EU) 2016/679, notably the lawful grounds for processing. _________________ 49 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 79 #
2017/0226(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Fraudulent use of non-cash payment instruments (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout)
Amendment 89 #
2017/0226(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) possession, procurement for useoneself or another, import, export, sale, transport, distribution or otherwise making available of a stolen or otherwise unlawfully appropriated, or of a counterfeited or falsified payment instrument in order for it to be used fraudulently.
Amendment 108 #
2017/0226(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3, 4 and 5 are punishable by a maximum term of imprisonment of at least threefour years.
Amendment 109 #
2017/0226(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take the necessary measures to ensure that the offences referred to in Article 6 are punishable by a maximum term of imprisonment of at least twohree years.
Amendment 137 #
2017/0226(COD)
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Where an offence referred to in Articles 3 to 7 falls within the jurisdiction of more than one Member State, the Member States concerned shall cooperate in order to decide which of them will prosecute the offender with the aim of centralising proceedings in a single Member State. Member States may have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their actions.
Amendment 143 #
2017/0226(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in countering organised crime or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 to 7.
Amendment 149 #
2017/0226(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. For the purpose of exchanging information relating to the offences referred to in Articles 3 to 7, Member States shall ensure that they have an operational national point of contact available 24 hours a day and seven days a week. Member States shall also ensure that they have procedures in place so that urgent requests for assistance are promptly dealt with and the competent authority replies within eighttwo hours of receipt, at least indicating whether the request will be answered, and the form and estimated time of such an answer. Member States may decide to make use of the existing networks of operational points of contact.
Amendment 155 #
2017/0226(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall take the necessary measures to ensure that appropriate reporting channels, including via a secure national online fraud- reporting system, are made available in order to facilitate reporting of the offences referred to in Articles 3 to 7 to law enforcement and other competent national authorities without undue delay.
Amendment 156 #
2017/0226(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. In order to harmonise reporting practices within the Union, the Commission shall develop a standardised Union reporting template that shall serve as a basis for Member States.
Amendment 161 #
2017/0226(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that natural and legal persons who have suffered a prejudice from offences referred to in Articles 3 to 7, committed by misusing personal data, are offered specific information and advice on how to protect themselves against the negative consequences of the offences, such as reputational damage, and about their rights, including the possible financial compensation they are entitled to.
Amendment 177 #
2017/0226(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [124 months after entry into force]. They shall immediately inform the Commission thereof.
Amendment 22 #
2017/0225(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The use of network and information systems by citizens, businesses and governments across the Union is now pervasive. Digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the Internet of Things (IoT) millions, if not billions, of connected digital devices are expected to be deployed across the EU during the next decade. While an increasing number of devices are connected to the Internet, security and resilience are not sufficiently built in by design, leading to insufficient cybersecurity. In this context, the limited and fragmented use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ICT products and services, undermining trust in digital solutions.
Amendment 43 #
2017/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations. The Agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents, and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience. The Agency should furthermore organise, in cooperation with the Member States and the Union institutions, bodies, offices and agencies regular outreach and public education campaigns directed to end-users, aiming at promoting cybersecurity education, safer individual online behaviour and raising awareness of potential threats in cyberspace, including cybercrimes such as phishing attacks, botnets, financial and banking fraud, as well as promoting basic authentication and data protection advice. The Agency should play a central role in accelerating end-user awareness on security of devices.
Amendment 46 #
2017/0225(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that it fully achieves its objectives, the Agency should liaise with relevant institutions, agencies and bodies, including CERT-EU, European Cybercrime Centre (EC3) at Europol, European Defence Agency (EDA), European Agency for the operational management of large-scale IT systems (eu- LISA), European Aviation Safety Agency (EASA) and any other EU Agency that is involved in cybersecurity. It should also liaise with European and national authorities dealing with data protection in order to exchange know-how and best practices and provide advice on cybersecurity aspects that might have an impact on their work. Representatives of national and Union law enforcement and data protection authorities should be eligible to be represented in the Agency’s Permanent Stakeholders Group. In liaising with law enforcement bodies regarding network and information security aspects that might have an impact on their work, the Agency should respect existing channels of information and established networks.
Amendment 53 #
2017/0225(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In view of the above, it is necessary to establish a harmonised European cybersecurity certification framework laying down the main horizontal requirements for European cybersecurity certification schemes to be developed and allowing certificates for ICT products and services to be recognised and used in all Member States. The European framework should have a twofold purpose: on the one hand, it should help increase trust in ICT products and services that have been certified according to such schemes. On the other hand, it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market. The schemes should be non-discriminatory and based on international and / or Union standards, unless those standards are ineffective or inappropriate to fulfil the EU’s legitimate objectives in that regard.
Amendment 55 #
2017/0225(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) ENISA should develop a certification scheme with a global perspective in order to prevent future trade barriers. In the process of developing the criteria for the certification scheme ENISA should engage in dialogue with relevant partners in the sector to ensure market feasibility.
Amendment 69 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Agency shall increase cybersecurity capabilities at Union level in order to complement and support the action of Member States in preventing and responding to cyber threats, notably in the event of cross- border incidents.
Amendment 80 #
2017/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) and cooperate with national data protection supervisory authorities, where necessary
Amendment 87 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) raise awareness of the public about cybersecurity risks, disseminate adequate measures for prevention of incidents, and provide guidance on good practices for individual users aimed at citizens and organisations;
Amendment 128 #
2017/0136(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In view of the global nature of financial markets and of the need to address inconsistencies in the supervision of Union and third-country CCPs, ESMA’s ability to promote convergence in the supervision of CCPs should be enhanced. In order to confer new roles and responsibilities on ESMA, Regulation (EU) No 1095/2010 of the European Parliament and of the Council establishing a European Supervisory Authority (ESMA)53 should be amended. __________________ 53Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establa new Supervisory Committee should be set up within the exishting a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p.84ESMA structure.
Amendment 131 #
2017/0136(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 137 #
2017/0136(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure a coherent supervisory approach and to reflect the mandates relevant authorities involved in the supervision of CCPs, the CCP Executive SessionSupervisory Committee should be composed of permanent and CCP-specific members. Permanent members should include the Head of the CCP Executive Session and two independent Directors, who, with a board composed of two permanent and independent Vice Chairs and one permanent and independent Chair. The Chair of the CCP Supervisory Committee and the two Vice Chairs should act independently and objectively in the interest of the Union as a whole. The Commission and the ECB should also appoint permanent members. Members specific to each CCP should include a representative of the competent national authorities of the Member States where the CCP is established, designated in accordance with Regulation (EU) No 648/2012, and a representative of the relevant central bank(s) of issue. The HeadChair of the CCP Executive SessionSupervisory Committee should be able to invite members of the supervisory college, as well as representatives of authorities of third- country CCPs recognised by ESMA as observers to ensure that the views of the other relevant authorities are taken into account by the CCP Executive SessionSupervisory Committee. While the permanent members should participate in all meetings of the CCP Executive SessionSupervisory Committee, CCP specific members and observers should participate only where necessary and appropriate for CCPs under their supervision. The presence of independent permanent members and CCP-specific members should ensure that decisions made in the CCP Executive SessionSupervisory Committee are consistent, appropriate and proportionate across the Union and that the relevant national competent authorities, central banks of issue and observers are involved in the decision-making on issues concerning a CCP established in a Member State.
Amendment 154 #
2017/0136(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To provide for an appropriate level of expertise and accountability, the HeadChair and the two DirectoVice Chairs of the CCP Executive SessionSupervisory Committee should be appointed on the basis of merit, skills, knowledge of clearing, post-trading and financial matters, as well as experience relevant to the supervision and regulation of CCPs. They should be chosen on the basis of an open selection procedure. The Commission should submit a proposal for the appointment of candidates to the European Parliament for approval. Following the European Parliament’s approval of that proposal, the Council should adopt an implementing decision.
Amendment 160 #
2017/0136(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to promote consistency in the supervision of Union and third-country CCPs across the Union, the HeadChair of the CCP Executive SessionSupervisory Committee should chair and manage colleges, and the Vice Chairs and permanent members of the CCP Executive SessionSupervisory Committee should attend them. The ECB should, where relevant and in accordance with Council Regulation (EU) No 1024/2013, also join the colleges to be able to exercise its mandate in accordance with Article 127 of the TFEU.
Amendment 179 #
2017/0136(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
Amendment 191 #
2017/0136(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure the proper involvement of the central bank(s) of issue, the systemically important third-country CCP should also fulfil any additionrelevant requirements that the central bank(s) of issue consider necessary. Such requirements could relate to stress testing, reporting requirements, liquidity or collateral requirements, thate right for the central bank(s) of issue consider necessaryto participate in on- site inspections and the requirement for the CCP to open a cash account at a central bank before ESMA’s decision to recognize that CCP or, where this is not possible, a commitment to do so within a set timeframe following the recognition of that CCP. The central bank(s) of issue should provide ESMA with confirmation whether or not the CCP complies with anythose additional requirements as quickly as possible and in any case 180 days fromin due time before the deadline for ESMA to reply to the CCP’s application to ESMA.
Amendment 202 #
2017/0136(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The degree of risk posed by a systemically-important CCP to the financial system and stability of the Union varies. The requirements for systemically- important CCPs should therefore be applied in a manner proportionate to the risks that the CCP may present to the Union. Where ESMA and the relevant central bank(s) of issue conclude that a third-country CCP is of such systemic importance that additional requirements will not ensure the financial stability of the Union, ESMA should be able to recommend to the Commission that that CCP should not be recognised. TOn the basis of that recommendation, the Commission should be able to adopt an implementing act declaring that one or more clearing services of the third- country CCP should be established in the Union and authorised as such to provide clearing services in the Union.
Amendment 217 #
2017/0136(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 293 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EU) No 648/2012
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the permanent members of the CCP Executive SessionSupervisory Committee referred to in Article 44a of Regulation (EU) No 1095/201022a;
Amendment 308 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
Regulation (EU) No 648/2012
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to the role of the college, the competent authorities referred to in Article 22, in close cooperation with ESMA, shall review the arrangements, strategies, processes and mechanisms implemented by CCPs to comply with this Regulation and evaluate the risks, which include, at least, financial, operational and cyber risks, to which CCPs are, or might be, exposed.
Amendment 309 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point b
Article 2 – paragraph 1 – point 6 – point b
Regulation (EU) No 648/2012
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
ESMA shall establish the frequency and depth of the review and evaluation referred to in paragraph 1 having regard to the size, systemic importance, nature, scale and, complexity of the activities and interconnectedness with other financial market infrastructures of the CCPs concerned. The review and evaluation shall be updated at least on an annual basis.
Amendment 311 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point b
Article 2 – paragraph 1 – point 6 – point b
Regulation (EU) No 648/2012
Article 21 – paragraph 3 – subparagraph 1 a (new)
Article 21 – paragraph 3 – subparagraph 1 a (new)
ESMA shall assess CCPs through regular stress-testing and crisis simulation exercises with respect to potential system- wide stress events. In exercising this role, ESMA shall ensure consistency with the assessments of the resilience of individual CCPs carried out pursuant to Chapter XII of Commission Delegated Regulation (EU) No 153/2013 with regard to the frequency and design of the tests and shall cooperate closely with the colleges established in accordance with Article 18 of this Regulation, the ESRB and competent authorities designated under Article 4 of Directive 2013/36/EU, including the ECB in carrying out its tasks within a single supervisory mechanism under Regulation (EU) No 1024/2013 and any national competent authorities tasked with the supervision of CCPs.
Amendment 312 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point b
Article 2 – paragraph 1 – point 6 – point b
Regulation (EU) No 648/2012
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
The CCPs shall be subject to on-site inspections. ESMA staff shall be invited to participate in these on-site inspections, unless ESMA decides otherwise.
Amendment 395 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EU) No 648/2012
Article 22 a (new)
Article 22 a (new)
Amendment 411 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
Regulation (EU) No 648/2012
Article 22 b (new)
Article 22 b (new)
7b. The following Article 22b is inserted: Article 22b Where the CCP Supervisory Committee submits draft decisions to the Board of Supervisors, those draft decisions shall be deemed adopted by ESMA unless the Board of Supervisors decides on the basis of a simple majority to reject the draft decision within five working days of its transmission. In cases of particular urgency, the aforementioned period shall not exceed 24 hours. Where the Board of Supervisors rejects a draft decision, it shall state the reasons for doing so in writing.
Amendment 428 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – introductory part
Article 25 – paragraph 2 a – subparagraph 1 – introductory part
ESMA shall determine whether a CPP, or one or more clearing services, activities or financial instruments thereof, is systemically important or likely to become systemically important for the financial stability of the Union or for one or more of its Member States (Tier 2 CCP) by taking into account all of the following criteria:
Amendment 434 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – point a a (new)
Article 25 – paragraph 2 a – subparagraph 1 – point a a (new)
(aa) the risk profile of the CCP, including in terms of financial, operational and cyber risks;
Amendment 435 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – point b
Article 25 – paragraph 2 a – subparagraph 1 – point b
(b) the effect that the failure of or a disruption to the CCP would have on financial markets, financial institutions, or the broader financial system, or on the financial stability of the Union or for one or more of its Member States and the availability and applicability of a recovery and resolution plan in the spirit of the Regulation (EU) No xxxx/xxxx on a Framework for the Recovery and Resolution of Central Counterparties;
Amendment 442 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – point c
Article 25 – paragraph 2 a – subparagraph 1 – point c
(c) the CCP's clearing membership structure as well as the structure of its network of clients and indirect clients;
Amendment 457 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 b – introductory part
Article 25 – paragraph 2 b – introductory part
2b. Where ESMA determines a CCP, or one or more clearing services, activities or financial instruments thereof, to be systemically important or likely to become systemically important (Tier 2 CCP) in accordance with paragraph 2a, it may only recognise that CCP, or one or more of the relevant clearing services, activities or financial instruments thereof, where, in addition to the conditions referred to in Article 25(2)(a), (b), (c) and (d), the following conditions are fulfilled:
Amendment 465 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 b – point b
Article 25 – paragraph 2 b – point b
(b) following the consultation referred to in point (f) of paragraph 3, the central banks of issue referred to therein have provided ESMA with written confirmation, within 180 days of the submission of an applicationthe deadline to respond to the consultation referred to in point (f) of paragraph 3, that the CCP complies with relevanyt requirements imposed by those central banks of issue in the carrying out of their monetary policy tasks. Such requirements may relate to stress testing, reporting, liquidity or collateral, the right of the central bank of issue to participate in on-site inspections, and the opening, or commitment to opening, by the CCP of a cash account at a central bank. Where the relevant central bank of issue has not provided a written response to ESMA within the deadline, ESMA may consider thise requirements under this point to be fulfilled;
Amendment 477 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 c – subparagraph 1
Article 25 – paragraph 2 c – subparagraph 1
ESMA, in agreement withafter obtaining consent of the relevant central banks of issue and commensurate with the degree of systemic importance of the CCP in accordance with paragraph 2aafter consulting the ESRB, may conclude that a CCP is of such substantial systemic importance that compliance with the conditions set out in paragraph 2b does not sufficiently ensure the financial stability of the Union or of one or more of its Member States and should not therefore be recognised. In such a case, ESMA shall recommend that the Commission adopt an implementing act confirming that that CCP should not be recognised in accordance with paragraph 2b. . In such a case, and on the basis of its analysis which has determined that systemic risk will be reduced as a result of such a decision, ESMA shall recommend that the Commission adopt an implementing act prohibiting the CCP concerned from being recognised in accordance with paragraph 2 and requiring the CCP to obtain authorisation in accordance with Article 14 in order to provide the clearing services concerned in the Union. ESMA may, in its analysis, identify specific clearing services or activities for which it considers that recognition shall not be granted or extended. The recommendation shall be accompanied by an analysis of all of the following elements: (a) the elements referred to in points (a) to (d) of Article 25 (2a); (b) the characteristics of the clearing services provided by the CCP, in particular the liquidity needs associated with such services and the related likelihood of need for liquidity support in distressed situations, as well as the substitutability of the clearing services provided by the CCP; (c) the potential consequences of including the outstanding cleared contracts within the scope of the implementing act; (d) the potential consequences on EU clearing members’ own funds requirements under Regulation (EU) No 575/2013 in the event of a requirement under the implementing act for the CCP to immediately apply for authorization in accordance with Article 14; (e) the potential consequences, in terms of costs and benefits, of the requirement for the CCP to apply for authorisation in the Union on the Union clearing members, their clients, linked and operable FMIs and Union markets as a whole, in particular as regards the impact of the decision on the level playing field between Union clients and members and clients and members from other jurisdictions; (f) the potential impact consequences of the requirement for the CCP to apply for authorisation in the Union for the financial stability of the Union or of one or more of its Member States; (g) the existence and nature of liquidity support mechanisms available to the CCP in its home country and the existence of any market mechanisms allowing to spread the risk caused by the CCP.
Amendment 487 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 c – subparagraph 2
Article 25 – paragraph 2 c – subparagraph 2
Amendment 492 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b a (new)
Article 2 – paragraph 1 – point 9 – point b a (new)
Regulation (EU) No 648/2012
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
(ba) paragraph 3 is amended as follows: "3. When assessing whether the conditions referred to in paragraph 2 or paragraph 2a are met, ESMA shall consult: Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32012R0648)
Amendment 495 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b b (new)
Article 2 – paragraph 1 – point 9 – point b b (new)
Regulation (EU) No 648/2012
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
(bb) the following paragraph 3a is inserted: "3a. In close cooperation with the concerned CCP, third country authority, central banks of issue and ESRB, ESMA may at any time and in the framework of this article assess CCPs through stress- testing and crisis simulation exercises with respect to potential system-wide stress events in order, inter alia, to evaluate the risk profile of the CCP."
Amendment 545 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 b – paragraph 3
Article 25 b – paragraph 3
3. ESMA shall carry out assessments of the resilience of recognised CCPs to adverse market developments in accordance with Article 32(2) of Regulation (EU) No 1095/2010. In close cooperation with third country authorities, central banks of issue and the ESRB, ESMA may at any time and within the framework of this article assess CCPs through stress-testing and crisis simulation exercises with respect to potential system-wide stress events in order to, inter alia, evaluate the risk profile of the CCP which includes at least financial, operational and cyber risks.
Amendment 550 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 b – paragraph 3 a (new)
Article 25 b – paragraph 3 a (new)
3a. Where, further to the review referred to in the paragraph 3a, ESMA determines that a Tier 1 CCP has become significant for the financial stability of the Union or for one or more of its Member States, and is therefore a Tier 2 CCP, Articles 25b to 25f shall start to apply to that CCP within one year following the notification to that CCP by ESMA that it will be reclassified as a Tier 2 CCP. Where, following the review referred to in paragraph 4, ESMA assesses that a Tier 2 CCP is no longer significant for the financial stability of the Union or for one or more of its Member States, and is therefore a Tier 1 CCP, Articles 25b to 25f shall cease to apply to that CCP.
Amendment 592 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 m – paragraph 1 – subparagraph 3 a (new)
Article 25 m – paragraph 1 – subparagraph 3 a (new)
The withdrawal of the recognition shall not apply to financial instruments and transactions that have been cleared before the date of entry into effect of the decision to withdraw the recognition, as well as to contractual obligations arising from financial instruments and transactions that have been cleared before the date of entry into effect of the decision to withdraw the recognition.
Amendment 600 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 – point b a (new)
Article 2 – paragraph 1 – point 11 – point b a (new)
Regulation (EU) No 648/2012
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
(ba) the following paragraph 3a is inserted: "3a. In close cooperation with CCPs, competent authorities, central banks of issue and the ESRB, ESMA may at any time, within the framework of this EU regulation and/or of the EU regulation on a framework for the recovery and resolution of central counterparties, assess CCPs through stress-testing and crisis simulation exercises with respect to potential system-wide stress events."
Amendment 603 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
Regulation (EU) No 648/2012
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
11a. In Article 84, the following paragraph 3a is added: "3a. Competent authorities, ESMA, Central bank of issues and ESRB shall exchange relevant information regarding stress-testing and crisis simulation exercises."
Amendment 605 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 89 – paragraph 3 a
Article 89 – paragraph 3 a
3a. ESMA shall not exercise its powers pursuant to paragraph 2a, 2b and 2c of Article 25 until [insert date of entry into force of the delegated act referred to in the second subparagraph of paragraph 32a of that Article]
Amendment 609 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 89 – paragraph 3 b
Article 89 – paragraph 3 b
3b. ESMA shall review the recognition decisions adopted pursuant to Article 25(1) before [entry into force of this Regulation] within 128 months from the entry into force of the delegated act referred to in the second subparagraph of Article 25(2a), in accordance with Article 25(5).
Amendment 51 #
2017/0090(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Intragroup transactions involving non-financial counterparties represent a relatively small fraction of all OTC derivative transactions and are used primarily for internal hedging within groups. Those transactions therefore do not significantly contribute to systemic risk and interconnectedness, yet the obligation to report those transactions imposes important costs and burdens on non- financial counterparties. Intragroup transactions where at least one of the counterparties is a non-financial counterparty should therefore be exempted from the reporting obligation, regardless of the place of establishment of a non- financial counterparty.
Amendment 62 #
2017/0090(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Post trade risk reduction services can serve to reduce counterparty exposures as well as to reduce operational and counterparty risks from a build-up of market participants' gross outstanding positions. In order to ensure that these benefits may be fully realised, it is appropriate to exempt certain post trade risk reduction services from the clearing obligation, which would also align the provisions under this Regulation with those under Regulation (EU) No 600/20141a. _________________ 1aRegulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173 12.6.2014, p. 84).
Amendment 64 #
2017/0090(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) In order to avoid international regulatory divergence and limit the build- up of systemic risk, and bearing in mind the particular nature of such derivatives' trades, the mandatory exchange of variation margins on physically settled foreign exchange forwards and physically settled foreign exchange swaps should only apply to transactions between the most systemic counterparties
Amendment 71 #
2017/0090(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Regulation (EU) No 648/2012 establishes that the clearing obligation should not apply to pension scheme arrangements (PSAs) until a suitable technical solution is developed by CCPs for the transfer of non-cash collateral as variation margins. As no viable solution facilitating PSAs to centrally clear has been developed so far, that temporary derogation should be extended to apply for a further three years. Central clearing should however remain the ultimate aim considering that current regulatory and market developments enable market participants to develop suitable technical solutions within that time period. With the assistance of ESMA, EBA, the European Insurance and Occupational Pensions Authority (‘EIOPA’) and ESRB, the Commission should monitor the progress made by CCPs, clearing members and PSAs towards viable solutions facilitating the participation of PSAs in central clearing and prepare a report on that progress. That report should also cover the solutions and the related costs for PSAs, thereby taking into account regulatory and market developments such as changes to the type of financial counterparty that is subject to the clearing obligation. In order to cater for developments not foreseen at the time of adoption of The Commission should be empowered to extend that derogation for additional two years, if it considers that a solution is withisn regulation, the Commission should be empowered to extend that derogation for additional two years, after having carefully assessed the need for such an extensionach of the stakeholders. The exemption should be continuous from the date of entry into force of Regulation (EU) No 648/2012 and should also apply retrospectively to all OTC derivative contracts executed after 16 August 2018 and before the date of entry into force of this Regulation, if later.
Amendment 78 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU) No 648/2012
Article 1 – paragraph 4
Article 1 – paragraph 4
(-1) In Article 1, paragraph 4 is replaced by the following: "4. This Regulation shall not apply to: (a)the members of the ESCB and other central banks and Member States’' bodies performing similar functions and other Union public bodies charged with or intervening in the management of the public debt; (b) the Bank for International Settlements.; (c) the centralmultilateral development banks, and public bodies charged with or intervening in the management of the public debt in the following countries: (i) Japan; (ii) United States of America; (iii) Australia; (iv) Canada; (v) Hong Kong; (vi) Mexico; (vii) Singapore; (viii) Switzerland. s listed in Article 117(2) of Regulation (EU) No 575/2013." Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32012R0648)
Amendment 83 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 648/2012
Article 2 – point 8
Article 2 – point 8
(1) In Article 2, point (8) is replaced by the following: ‘(8) “financial counterparty” means an investment firm authorised in accordance with Directive 2014/65/EC of the European Parliament and of the Council31 , a credit institution authorised in accordance with Regulation (EU) No 575/2013, an insurance of reinsurance undertaking authorised in accordance with Directive 2009/138/EC of the European Parliament and of the Council32 , a UCITS authorised in accordance with Directive 2009/65/EC, an institution for occupational retirement provision within the meaning of Article 6(a) of Directive 2003/41/EC, an AIF as defined in Article 4(1)(a) of directive 2011/61/EU, and a central securities depository authorised in accordance with Regulation (EU) No 909/2014 of the European Parliament and of the Council33 and a securitisation special purpose entity as defined in Article 4(1)(66) of Regulation (EU) No 575/2013 of the European Parliament and of the Council34;’. _________________ 31 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173 12.6.2014, p. 349). 32 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 33 Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257 28.8.2014, p. 1). 34Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms (OJ L 176, 27.6.2013, p. 1).
Amendment 85 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 648/2012
Article 2 – point 8 a (new)
Article 2 – point 8 a (new)
(1a) In Article 2, after point 8 the following point is inserted: ‘(8a) “portfolio compression” means portfolio compression as defined in Article 2(1) of Regulation (EU) 600/2014;’.
Amendment 87 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point -a (new)
Article 1 – paragraph 1 – point 2 – point -a (new)
Regulation (EU) No 648/2012
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Amendment 89 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 648/2012
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
‘(b) they are entered into or novated either: (i) on, or after, the date from which the clearing obligation takes effect; or (ii) on, or after, the date from which both counterparties meet the criteria set out in paragraph (a).’;
Amendment 123 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) No 648/2012
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(4a) In Article 5 after paragraph 2, the following paragraph is inserted: 2a. In the draft regulatory technical standards referred to in paragraph 2, ESMA may submit to the Commission for endorsement an exemption from the clearing obligation for a period of three years following the entry into force of those regulatory technical standards for intragroup transactions with a counterparty established in a third country jurisdiction for which the Commission has not yet adopted an implementing act as referred to in Article 13(2) in respect of that third country, or for which the Commission has adopted an implementing act confirming partial equivalence which does not cover those OTC derivatives which will become subject to the clearing obligation or that otherwise does not address certain types of counterparty.
Amendment 124 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) No 648/2012
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
(4b) In Article 5 after paragraph 2, the following paragraph is inserted: 2b. By [2 years following the date of entry into force of the regulatory technical standards referred to in paragraph 2a (new)], ESMA shall carry out a public consultation in order to assess whether an absence of a clearing obligation for intragroup transactions for which no implementing act on equivalence exists is detrimental to the financial stability of the Union; If ESMA determines that the benefits of an absence of the clearing obligation for these transactions significantly outweighs the impact on financial stability, ESMA may submit to the Commission for endorsement draft regulatory technical standards extending the three-year period referred to in paragraph 2a once by three years and once by two years.
Amendment 138 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 648/2012
Article 6b – paragraph 1 a (new)
Article 6b – paragraph 1 a (new)
1a. Under the conditions laid down in paragraph 1, competent authorities may request that ESMA submits a suspension request to the Commission. Where competent authorities request that ESMA submits a suspension request, they shall provide reasons and submit evidence that at least one of the conditions laid down in the first subparagraph of paragraph 1 is fulfilled. ESMA shall, within 48 hours of the request referred to in the first subparagraph and based on the reasons and evidence provided by the competent authority, either request that the Commission suspend the clearing obligation referred to in Article 4(1), or reject the request. Where ESMA rejects the request, it shall provide reasons in writing to the competent authority concerned and maintain a record of the request.
Amendment 140 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 648/2012
Article 6b – paragraph 2
Article 6b – paragraph 2
2. The requests referred to in paragraph 1 and paragraph 1a shall not be made public.
Amendment 143 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 648/2012
Article 6b – paragraph 3
Article 6b – paragraph 3
3. The Commission shall, within 48 hours of the request referred to in paragraph 1 and based on the reasons and evidence provided by ESMA, either suspend the clearing obligation for the specific class of OTC derivative or for the specific type of counterparty referred to in paragraph 1, or reject the requested suspension. Where the Commission rejects the request made by ESMA, it shall provide reasons in writing and maintain a record of the request.
Amendment 197 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 11 – paragraph 15 – subparagraph 2 – first sentence
Article 11 – paragraph 15 – subparagraph 2 – first sentence
The ESAs shall submit those common draft regulatory technical standards to the Commission by [PO please insert the date 912 months after the entry into force of this Regulation].;
Amendment 198 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) No 648/2012
Article 11 – paragraph 15 a (new)
Article 11 – paragraph 15 a (new)
(9a) In Article 11, after paragraph 4 the following paragraph is inserted: 15a. By ... [two years following the entry into force of the regulatory technical standards referred to in Article 11(15)], the ESAs shall carry out a public consultation in order to assess the impact on financial stability within the Union of applying the obligations referred to in Article 36(2) of Commission Delegated Regulation 2016/2251 to intragroup transactions for which no implementing act on equivalence exists. If the ESAs determine that the benefits of an absence of the clearing obligation for these transactions significantly outweigh the impact on financial stability, the ESAs may submit to the Commission for endorsement draft regulatory technical standards extending the three-year period referred to in Article 36(2) of Commission Delegated Regulation 2016/2251 once by three years and once by two years.
Amendment 215 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Regulation (EU) No 648/2012
Article 56 – paragraph 3 – subparagraph 2
Article 56 – paragraph 3 – subparagraph 2
ESMA shall submit those draft regulatory technical standards to the Commission by [PO please insert the date 912 months after the entry into force of this Regulation].
Amendment 232 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) No 648/2012
Article 78 – paragraph 10 – subparagraph 2
Article 78 – paragraph 10 – subparagraph 2
ESMA shall submit those draft regulatory technical standards to the Commission by [PO please insert the date 912 months after the entry into force of this Regulation].
Amendment 235 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Regulation (EU) No 648/2012
Article 81 – paragraph 5 – subparagraph 2
Article 81 – paragraph 5 – subparagraph 2
ESMA shall submit those draft regulatory technical standards to the Commission by [PO please insert the date 912 months after the entry into force of this Regulation].
Amendment 241 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) No 648/2012
Article 85 – paragraph 2 – subparagraph 1
Article 85 – paragraph 2 – subparagraph 1
By [PO please add date of entry into force + 2 years... [one year following the date of entry into force of this amending Regulation] and every year thereafter until ... [three years following the date of entry into force of this amending Regulation], the Commission shall prepare a report assessing whether viable technical solutions have been developed for the transfer by PSAs of cash and non-cash collateral as variation margins and the need for any measures to facilitate those technical solutions.
Amendment 246 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) No 648/2012
Article 85 – paragraph 2 – subparagraph 2 – introductory part
Article 85 – paragraph 2 – subparagraph 2 – introductory part
ESMA shall, by [PO please add date of entry into force + 18 months... [six months following the date of entry into force of this amending Regulation], and every year thereafter until ... [three years following the date of entry into force of this amending Regulation], in cooperation with EIOPA, EBA and the ESRB, submit a report to the Commission, assessing the following:
Amendment 248 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) No 648/2012
Article 85 – paragraph 2 – subparagraph 3
Article 85 – paragraph 2 – subparagraph 3
Amendment 252 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b a (new)
Article 1 – paragraph 1 – point 19 – point b a (new)
Regulation (EU) No 648/2012
Article 85 – paragraph 2a (new)
Article 85 – paragraph 2a (new)
(ba) paragraph 2a is inserted: 2 a. ESMA shall by [date of entry into force of this amending Regulation+ 12 months] submit a report to the Commission which assesses whether the list of financial instruments that are considered highly liquid with minimal credit and market risk, in accordance with Article 47, could be extended and whether this list could include money market funds as defined in Regulation (EU) 2017/1131.
Amendment 255 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 648/2012
Article 85 – paragraph 3
Article 85 – paragraph 3
3. By [PO please add 6 months before the date referred to in paragraph 1] ESMA shall report to the Commission on the following: (a) whether viable technical solutions have been developed that facilitate the participaAfter the three-year period referred to in Article 89(1) the Commission shall: (a) submit a proposal for a binding solution oif PSAs in central clearing and the impact of those solutions on the level of central clearing by PSAs, taking into account the report referred to in paragraph 2; (b) the impact of this Regulation on the level of clearing by non-financial counterparties and the distribution of clearing within the non-financial counterparty class, especially with regard to the appropriateness of the clearing thresholds referred to in Article 10(4); (c) the impact of this Regulation on the level of clearing by financial counterparties other thit considers that no solution has been found by stakeholders; (b) adopt a delegated act in accordance with Article 82 to extend the three-year period referred to in Article 89(1) once, by two years, if it considers that a solution is within reach of the stakeholders and those subject to Article 4a(2) and the distribution of clearing within that financial counterparty class, especially with regard to the appropriateness of the clearing thresholds referred to in Article 10(4); (d) transaction data reported to trade repositories, the accessibility of those data and the quality of the information received from trade repositories in accordance with Article 81; (e) counterparties.;at additional time is needed for its finalization; (c) let the exemption lapse, while encouraging stakeholders to implement their solution beforehand if it considers that a solution has been found. the improvement of the quality of the accessibility of clearing by
Amendment 269 #
2017/0090(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This Regulation shall apply from [3 months following the entry into force of this amending Regulation].
Amendment 271 #
2017/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Notwithstanding the subparagraph 1a, the following shall apply: Article 1(3), Article 1(7)(d), and paragraphs 8, 10, and 11 of Article 1 shall apply from [PO please add the date 6 months after the entry into force] and Article 1(2)(c), Article 1(7)(e), Article 1(9), points (b) and (c) of Article 1(12) and Article 1(16) shall apply from [PO please add the date 18 months after the entry into force].
Amendment 272 #
2017/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
If this Regulation enters into force after 16 August 2018, then Article 89(1) shall apply retrospectively to all OTC derivative contracts executed by PSAs after 16 August 2018 and before the date of entry into force of this Regulation.
Amendment 73 #
2017/0063(COD)
Proposal for a directive
Recital 15
Recital 15
(15) To ensure the independence of NCAs, their staff and members of the decision-making body should act with integrity and refrain from any action which is incompatible with the performance of their duties. The need to prevent the independent assessment of staff or members of the decision-making body being jeopardised entailsis means that that during their employment and term of office and for a reasonable period thereafter, they should refrain from any incompatible occupation, whether gainful or not that may give rise to a conflict of interests in a specific case. Furthermore, this also entails that in exercising their functions during their employment and their term of office, they should not have an interest in any businesses or organisations which have dealings with a NCAare subject to proceedings for the enforcement of Articles 101 or 102 TFEU in which they take part to the extent that this has the potential to compromise their independence in the handling of the case concerned. The staff and the members of the decision-making body should declare any interest or asset which might create a conflict of interests in the performance of their duties. They should be required to inform the decision-making body, the other members thereof or, in the case of NCAs in whichabstain from any involvement in the decision- making power rests with only one person, their appointing authority, if, in the performance of their duties, they are called upon to deciderocess on a matter in which they have an interest which might impair their impartiality.
Amendment 92 #
2017/0063(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Where in the course of proceedings which may lead to an agreement or a practice being prohibited, undertakings or associations of undertakings offer NCAs commitments which meet their concerns, these authorities should be able to adopt decisions which make these commitments binding on, and enforceable against, the undertakings concerned. Such commitment decisions are not suited for secret cartels, for which NCAs should impose a fine. Commitment decisions should find that there are no longer grounds for action by the NCAs without concluding as to whether or not there has been an infringement of Article 101 TFEU or Article 102 TFEU. Commitment decisions are without prejudice to the powers of competition authorities and courts of the Member States to make such a finding of an infringement and decide upon a case.
Amendment 105 #
2017/0063(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The deterrent effect of fines differs widely across Europe and in some Member States the maximum amount of the fine that can be set is very low. To ensure NCAs can set deterrent fines, the maximum amount of the fine should be set at a level of not less thanleast at 10% of the total worldwide turnover of the undertaking concerned. This should not prevent Member States from maintaining or introducing a higher maximum amount of the fine.
Amendment 125 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) The director, staff and the members of the decision-making body of national administrative competition authorities can perform their duties and exercise their powers for the application of Articles 101 and 102 TFEU independently from political and other external influence;
Amendment 127 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) The director, staff and the members of the decision-making body of national administrative competition authorities neither seek nor take any instructions from any government or other public or private entity when carrying out their duties and exercising their powers for the application of Articles 101 and 102 TFEU;
Amendment 128 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) The director, the staff and the members of the decision-making body of national administrative competition authorities refrain from any action which is incompatible with the performance of their duties and exercise of their powers for the application of Articles 101 and 102 TFEU;
Amendment 129 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) TheAppointments to the management and board of the decision-making body of national administrative competition authorities should be made on merit, backed by clear and transparent appointment procedures. The director, members of the decision- making body of national administrative competition authorities may be dismissed only if they no longer fulfil the conditions required for the performance of their duties or have been guilty of serious misconduct under national law. The grounds for dismissal should be laid down in advance in national law. They shall not be dismissed for reasons related to the proper performance of their duties and exercise of their powers in the application of Articles 101 and 102 TFEU as defined in Article 5(2);
Amendment 146 #
2017/0063(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that national competition authorities have thadequate and stable human, financial and technical resources, including premises and infrastructures that are necessary for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2. Member States shall ensure that national competition authorities have a separate annual budget and have autonomy in using their resources.
Amendment 214 #
2017/0063(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where an infringement by an association of undertakings relates to the activities of its members, the maximum amount of the fine shall not be set at a level belowleast at 10 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. However, the financial liability of each undertaking in respect of the payment of the fine shall not exceed the maximum amount set in accordance with paragraph 1.
Amendment 249 #
2017/0063(COD)
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The requested authority shall not be obliged to enforce decisions pursuant to paragraph 1 ifunless it is able to demonstrate reasonable grounds to the applicant authority showing how this would be manifestly contrary to public policy in the Member State in which enforcement is sought.
Amendment 250 #
2017/0063(COD)
Proposal for a directive
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. Where an applicant authority disagrees with the refusal of the requested authority to enforce a decision in accordance with paragraph 5, the Commission may, upon the request of the Member State of the applicant authority, issue a binding decision, within three months of the refusal, determining whether the refusal is justified on public policy grounds. If the Commission finds the requested authority's refusal to be unjustified, the requested authority shall enforce the decision pursuant to paragraph 1.
Amendment 251 #
2017/0063(COD)
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26a Cost sharing between national competition authorities Member States shall ensure that the national administrative competition authorities requesting assistance shall, upon the request of the requested authority: (a) in relation to action taken pursuant to Articles 23 and 24, bear all reasonable additional costs, including translation and administrative costs; (b) in relation to action taken pursuant to Article 25, allow the requested authority to recover all reasonable administrative costs from a collected fine or penalty payment.
Amendment 253 #
2017/0063(COD)
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The Commission shall ensure that the notification of the start of a formal investigative measure received from a national competition authority under Article 11(3) of Regulation 1/2003 is made available to the national competition authorities of the other Member States within the European Competition Network System.
Amendment 263 #
2017/0063(COD)
Proposal for a directive
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. Paragraph1 shall be without prejudice to the requirements of national criminal law.
Amendment 286 #
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 beforehave the possibility of objecting to their personal data arebeing 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.
Amendment 289 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consendo not object to their data being included in such directories, they should be able to determine on a consentmake an objection on basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should informprovide accessible information to the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consenobject 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 533 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user especially in order to secure the integrity, security and access of the information society service, to enhance user experience or for measures to protect against unauthorised use or access to the information society services in agreement with the terms of use for making available the service to the end-user; or
Amendment 551 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.ement, including measurement with the purposes of determining collective rights, remuneration or other payment systems or
Amendment 611 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7Article 7 (1), (2), and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 625 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet or by the continued use of the information society service after having been provided with accessible and comprehensive information about this action of the end-user.
Amendment 656 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting.Such software shall ensure that a consent given by an end user under Article 8 (1) point (b) prevails over the privacy settings chosen at the installation of the software.
Amendment 662 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software shall not block data processing wich is legally allowed to Art. 8 (1) a), c) or d) or (2) a), irrespective of the browser settings.
Amendment 700 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consent ofoperators of electronic communication shall provide the option to end- users who are natural persons to includeobject to their personal data being included in the directory and, consequently, shall obtain consent from these end-users forprovide to these end-users the option to object to the inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 708 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall informprovide accessible and intelligible information to end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enablingprovide the end-users' the option to disable such search functions related to their own data.
Amendment 714 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publiclyoperators of electronic communication services available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. ProvideThe operators shall give such end-users that are legal persons the means to verify, correct and delete such data. Natural persons who act for a commercial or economic purpose, such as freelancers, one-man businesses and individual professionals shall be considered legal persons
Amendment 785 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall alsoEach member state shall determine which relevant supervisory authority should be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-users.
Amendment 2 #
2016/2328(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted on 29 November 1985,
Amendment 4 #
2016/2328(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims,
Amendment 6 #
2016/2328(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters,
Amendment 10 #
2016/2328(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the European Parliament study of September 2017 entitled 'How can the EU and the Member States better help victims of terrorism?'
Amendment 106 #
2016/2328(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Member States to clarify their national provisions on extraterritoriality so as to guarantee the right of victims of crimes committed in a Member State other than that in which they reside to lodge complaints with the competent authorities of the Member State of residence;
Amendment 132 #
2016/2328(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minors and of child victims of human traffickingany form of crime, and stresses the need to deal with children and young victims in a way that takes proper account of their vulnerability;
Amendment 146 #
2016/2328(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victimsprovide victims with information about their rights and the services which they can access and to empower them, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 157 #
2016/2328(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Member States to guarantee access for victims of crimes committed in another Member State to information concerning their rights and to the support services and compensation schemes available in the Member State in which the crime was committed; calls, in this regard, on the Member States to take appropriate action to facilitate cooperation between their competent authorities or entities providing specialist support to ensure that victims have effective access to such information and services;
Amendment 163 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law; stresses that such awareness-raising campaigns should also be organised in schools to inform children of their rights and also provide them with tools to detect all forms of crime they have suffered or witnessed;
Amendment 173 #
2016/2328(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a Reminds the Member States that particular attention should be paid to the risk of intimidation and retaliation and to the need to protect the dignity and physical integrity of victims, including during questioning and when testifying, in order to determine whether and to what extent they should receive protection measures during the criminal proceedings;
Amendment 216 #
2016/2328(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Member States to establish coordinated mechanisms to collect information on victims of a terrorist attack taking place in their territory, and to provide victims, through the creation and development of a one-stop shop, a web portal and an emergency telephone line, with specific information relevant to their needs, including psychological first aid and referral possibilities in the immediate aftermath of the attack and during any criminal proceedings;a confidential, free of charge and easily accessible support service1 a. This support service must be able to provide assistance and support to victims of terrorism in accordance with their specific needs, such as emotional and psychological support, advice and information on any legal, practical or financial matters in the immediate aftermath of the attack and during any criminal proceedings, and assistance in national compensation claim procedures; _________________ 1a Support service as provided for in Article 24 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism.
Amendment 223 #
2016/2328(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to establish coordination mechanisms to ensure effective transition of support for victims from immediate care in the aftermath of a crime to assistance as needed in the longer term; stresses that such mechanisms should, in particular, ensure the referral of victims to long-term services whereby different organisations provide support during different phases, noting that these mechanisms should also have a cross-border functionality in order to provide victim support services, and guarantee the victim’s right to be informed, assisted and compensated in their place of residence when the crime has taken place in a Member State other than the one in which the victim resides;
Amendment 232 #
2016/2328(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to establish a permanent dedicated website on which all public information on support services established following a terrorist attack that has taken place in that Member State can be accessed;
Amendment 235 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the Commission to begin a dialogue with the Member States in order to reduce the strong disparities2 a in national financial compensation granted by each Member State to victims of terrorist attacks; _________________ 2aNational financial compensation ranges from the symbolic amount of one euro in some Member States up to EUR 250 000 or more in others.
Amendment 18 #
2016/2247(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 12 April 2016 on the EU role in the framework of international financial, monetary and regulatory institutions and bodies (2015/2060(INI)),
Amendment 131 #
2016/2247(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that there are risks associated with sovereign debt; notes, however, that government bonds play a critical role as a source of high-quality, liquid collateral and that modifying its prudential treatment could have a significant effect on both the financial and the public sector, which calls for caution in reform efforts; awaits with interest theconsiders that, in the end, a better resgults of theatory framework, be it European or international, work on this issueill be needed; considers that, in the end, a better regulatory framework, be it European or international, will be neededEuropean framework should enable market discipline in delivering sustainable policies and providing safe assets for the financial sector and safe liabilities for governments;
Amendment 146 #
2016/2247(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it essential to ensure the comparability of risk-weighted assets across institutions in order to allow for effective supervision; welcomes the work done internationally to streamline the resort to internal models and to re-establish the credibility of internal models, as well as the introduction of a leverage ratio to act as a backstop; recalls, however, that the regulatory changes planned should not result in significantunjustified increases in capital requirements, nor harm the ability of banks to finance the real economy, in particular SMEs;
Amendment 175 #
2016/2247(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. SNotes that there are very different banking models within the Banking Union but stresses that national options and discretions are hindering the creation of a level playing field between Member States and the comparability of the financial reporting by banks to the public; welcomes the ECB guidance and regulation harmonising the exercise of some of these within the Banking Union; looks forward to the upcoming amendments to the CRR as a means of closing the most significant oneto keep only the ones strictly necessary because of the diversity of banking models;
Amendment 182 #
2016/2247(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that there has been a natural learning phenomenon for all the members of the Supervisory Board since the creation of the SSM to deal with a variety of different business models and entities of different sizes, which needs to be supported and accelerated;
Amendment 199 #
2016/2247(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the ‘'too-big-to-fail’' issue still needs to be addressedis being addressed; recalls the words of Mark Carney, Chair of the Financial Stability Board, that agreement on proposals for a common international standard on total loss-absorbing capacity for G-SIBs is a watershed in ending "too big to fail" banks; stresses that these agreements, once implemented, will play important roles in enabling globally systemic banks to be resolved without recourse to public subsidy and without disruption to the wider financial system; notes that TLAC will complement EMIR's mandatory requirement to centrally clear and the capital surcharge for G-SIBs;
Amendment 220 #
2016/2247(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that the creation of the SSM has been accompanied by an increase of influence for the European Union on the international stage compared to the pre-existing situation;
Amendment 230 #
2016/2247(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls the need to find, in the exercise of supervision, a balance between the need for proportionality and the need for a consistent approach; invites the SSM to reduce as much as possible the supervisory fees; points out that all banks should be subject to an appropriate level of supervision; reminds that an appropriate supervision is key to monitor all risks whatever the size of the banks;
Amendment 236 #
2016/2247(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that the safety and soundness of a bank cannot be captured by a point-in-time assessment of its balance sheet alone, as they are ensured through dynamic interactions between the bank and the markets, and affected by various elements in the entire economy; underlines therefore that a sound framework for financial stability and growth should be comprehensive and balanced to cover dynamic supervisory practices and not focus merely on static regulation with mainly quantitative aspects;
Amendment 298 #
2016/2247(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note of the differences between the FSB TLAC standard and the MREL; stresses, however, that both standards share the same objective: to make sure that banks have enough regulatory capital and loss-absorbing liabilities to make bail-in an effective instrument in resolution (without causing financial instability and without needing public money); concludes therefore that a holistic approach to loss-absorption can be reached by combining the two; highlights that due consideration should be given to retaining the two criteria of size and risk- weighted assets;
Amendment 320 #
2016/2247(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that it is crucial to harmonise the hierarchy of claims in bank insolvency across Member States in order to make the implementation of the BRRD more consistent and effective; welcomes the Commission's proposal on this subject;
Amendment 341 #
2016/2247(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. reminds that bail-in instruments should only be sold to appropriate investors in the first place which can absorb potential losses without being threatened in their own sound financial standing and considers it fundamental to address the mis-selling of bail-in instruments to retail investors; asks the Commission to carefully assess the EU Investor Protection Framework and to present proposals if necessary;
Amendment 350 #
2016/2247(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets that the Commission did not allow for more time to assess the implementation of the DGSD before proposing the EDIS and did not conduct a proper impact assessment of the proposal; stands ready, however, to seize the opportunity generated by the proposal to discuss the DGSD and address some of the options and discretions it includes; takes note of the Commission services' non- paper of a supplementary analytical report on the effect of the proposal;
Amendment 26 #
2016/2243(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas investments in the application of Fintech represent billions of Euros and keep increasing every year;
Amendment 46 #
2016/2243(INI)
Motion for a resolution
Recital E
Recital E
E. whereas FinTech can lead to considerable benefits, such as faster, cheaper, more transparent, more tailor- made and better financial services for consumers and businesses, and open up many new business opportunities for European entrepreneurs;
Amendment 55 #
2016/2243(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas FinTech can contribute to risk reduction in the financial system by decentralisation and de-concentration of risks, faster clearing and settlement of cash payments and securities trades, and better collateral management and capital optimisation;
Amendment 56 #
2016/2243(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas creating a level-playing field for financial services in the EU is a prerequisite for boosting Fintech in Europe;
Amendment 90 #
2016/2243(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the ESAs have started identifying the potential risks and benefits of those technologies; whereas national competent authorities are monitoring these technological developments and have come up with different approaches;
Amendment 166 #
2016/2243(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the importance of supervisors having sufficient technical expertise to adequately scrutinise increasingly complex FinTech services; recognises the necessity of breaking down supervisory silos across sectors to accommodate better manage risks concerning cyber-security and privacy; urges the ESAs as well as the national competent authorities to increase their cooperation with other relevant competent authorities across sectors;
Amendment 184 #
2016/2243(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and the ESAs to monitor and avoid overlaps of regulation, new barriers to entry on the market and national barriers to those services; calls on the Commission to prevent barriers between Member States due to inconsistencies between national regimes;
Amendment 201 #
2016/2243(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Emphasizes the need for clear rules on data ownership, access and transfer; highlights that increasing amounts of data are generated by machines or processes based on emerging technologies, such as machine learning; stresses that the General Data Protection Regulation provides a clear legal framework on personal data but that more legal certainty is needed regarding other categories of data; believes, in this regard, that a clear distinction should be made between raw data and data resulting from further processing;
Amendment 208 #
2016/2243(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that there are no clear, comprehensive European guidelines for outsourcing data to the cloud with regard to the financial sector; stresses the need for the development of such guidelines; Highlights the benefits that cloud computing can have for consumers and providers of financial services, in terms of cost efficiency, decreased time to market and a better use of ICT resources; notes that there are no clear, comprehensive European guidelines for outsourcing data to the cloud with regard to the financial sector; stresses the need for the development of such guidelines; stresses that such guidelines are necessary to bring agility and speed to cloud adoption; underlines that high standards of data security and consumer protection should be a part of these guidelines; calls on the Commission and the ESAs to study different possibilities in this regard, such as pre-approved contracts between cloud service providers and financial institutions;
Amendment 214 #
2016/2243(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes the necessity of creating more awareness among consumers as regards the value of their personal data; acknowledges that consumers can sell their personal data through re-sharing; underlines that this may lead to economic benefits but can also be used in a discriminatory way; calls on the Commission to investigate the possibility of a European data re-sharing strategy with the aim of putting consumers in control of their data; believes that a clear, consumer-centric approach will increase trust in cloud-based services and stimulate new innovative services offered by diverse actors in the financial value chain, e.g. by using API's or facilitating direct access to data for electronic payments services; asks the Commission to investigate the future potential of Personal Information Management Systems (PIMS) as technical tools for consumers to manage their personal data;
Amendment 257 #
2016/2243(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned by the increased use of unpermissioned blockchain applications, in particular Bitcoin, for criminal activities, tax evasion, tax avoidance and money laundering; calls on the Commission to investigate the role of bitcoin mixers in this process; invites the Commission to organise an annual multi-stakeholder conference on this subject;
Amendment 272 #
2016/2243(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Asks the ESAs to identify in which cases targeted- or risk-based authentication can be an alternative to strong authentication; further asks the Commission to investigate whether the strong authentication processes can also be executed by other entities than banks;
Amendment 282 #
2016/2243(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the ESAs to develop technology-neutral standards and licences for both know-your-customer techniques and remote identification methods, for example based on biometric criteria;
Amendment 295 #
2016/2243(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the ESAs to partner with private sector players in developing and evaluate innovative technologies that have the potential to safeguard financial stability and increase consumer protection, for instance by mitigating bias in algorithms or by increasing consumer awareness of cyber threats;
Amendment 301 #
2016/2243(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Notes that the increasing use of big data and artificial intelligence presents benefits to consumers but also entails questions concerning consumer protection; stresses that errors or biases that can lead to discrimination and exclusion in these algorithms can potentially cause systemic risk and harm consumers and investors; notes that insurance is a prominent example of a sector where these technologies are increasingly used, e.g. for risk assessment; asks the Commission and the European Supervisory Authorities (ESAs) to investigate discriminatory effects;
Amendment 315 #
2016/2243(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises that financial education is a prerequisite for raising awareness in society and equipping citizens with the knowledge that is necessary to make sound decisions concerning financial products and services;
Amendment 17 #
2016/2206(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the commitment of all JHA Agencies to continue to further fine- tune budgetary procedures but stresses, however, that their priority should be to improve operational efficiency on the ground and to address the rather structural issues identified by the Court of Auditors and the IAS; requests that FRONTEXrontex streamline its financial management procedures by obtaining rights of using “simplified cost options” for the reimbursement of Member States’ expenditure and by using “other funding mechanisms” in addition to grants; requests that EUeu-LISA bettcontinues to develop its internal control system to further address the risks involved within the implementation of high cost infrastructure projects by fully adopting the financial regulation of the Union; requests that EUROJUSTurojust avoid sub-optimal budget management due to uncertainties as to the availability of funds in order to implement its on-going projects and to procure its essential services;
Amendment 4 #
2016/2193(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the agency outsourced procurement of training services to a third party without ensuring that it acted in compliance with the financial regulation of the Union under this subcontract; regrets that a call for expression of interest for participation in a negotiated procedure took place without a formal delegation by the authorising officer; regrets that the agency engaged in contractual agreements or negotiations with a single contractor without precisely defining the services requested; acknowledges that the agency acted in compliance with its own financial regulation; requests however that given the very high financial amounts involved with the development and maintenance of JHA systems and the associated risks, the agency fullycontinues to develop its internal control system in order to ensure compliances with the financial regulation of the Union;
Amendment 1072 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 136
Rule 136
Amendment 9 #
2016/2047(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the commitments of the EC to provide the necessary resources to protect the external borders of the EU, to reinforce security inside and outside the Union, to provide MS support for the reception of people in need for international protection and to address the root causes of migration flows in the countries of origin and transitincrease of 5.4% in commitment appropriations and 25.1% in payment appropriations under Heading III of the Union budget compared to 2016; welcomes the emphasis in the 2017 budget of allocating sufficient resources to effectively respond to the migration crisis; points out however that the EUR 5.2 billion programmed in 2017 for Heading III and IV to address challenges posed by the refugee and migration crisis represent less than 3,5% of the total Union budget, which is little considering existential stakes involved for the EU; considers that the Union should show solidarity with those in real need and; supports the commitment of the EC to provide necessary resources to protect the external borders of the EU, to reinforce security inside and outside the Union, to provide support to MS for the preservaception of the European democratic values, when they are under threat by terrorism and intolerance aimed at destroypeople in need for international protection and to address the root causes of migration flows ing the Europecountries of origin and toleranceransit;
Amendment 11 #
2016/2047(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for an upward revision of the MFFceilings for Heading III and IV in the Commission's mid-term MFF review, in order to deliver a more powerful and sustainable response to the current crisis in 2017 and; emphasizes the need for further flexibility in the Union's budgets in order to respond to unforeseen events, such as the migration crisis; requests simplification of the financial regulation and procedures, as well as the verification of how European funds are spent;
Amendment 15 #
2016/2047(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for a revision of the MFF to deliver a more powerful and sustainable response to the current crisis infrom 2017 and requests simplification of the financial regulation and procedures, as well as the verification of how European funds are spent;
Amendment 22 #
2016/2047(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the use of the flexibility instrument and the contingency margin under Heading 3 for an amount of EUR 1.7 billion but notesis concerned that further flexibility is no longer possible in 2017; regrets that actions under Heading 4 are only partially financed by the Union budget, which is a concern for their implementation;
Amendment 28 #
2016/2047(BUD)
4. Welcomes funding of AMIF (EUR 1.6 billion) and ISF (EUR 0.7 billion); considers that this increase adds to the need to ensure a fair and transparent distribution of annual funding between the different programs and objectives of the funds; supports the total funding (EUR 3 billion) for setting up the European Border and Coast Guard agency, the new Entry-Exit System, the new Common European Asylum System and for creating the instrument providing fast and efficient emergency humanitarian assistance within the EU;
Amendment 39 #
2016/2047(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the budget increase of the efficient JHA agencies involved with migration and security; highlights that the relevant agencies must be sufficiently resourced and staffed when their mandates are increased; requests to further justify the dramatic 92%, EUR 73 million increase of the budget of EU-LISA for the Entry Exit System and the revision of Dublin legislation as well as to explain break-down of appropriations between EU- LISA budget and the ISF;
Amendment 40 #
2016/2047(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the budget increase of the efficient JHA agencies involved with migration and security; requests to further justify the dramatic 92%, EUR 73 million increase of the budget of EU-LISA for the Entry Exit System, the revision of Eurodac regulation, the interoperability of Information Systems and the revision of Dublin legislation as well as to explain break-down of appropriations between EU- LISA budget and the ISF;
Amendment 17 #
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 justicefairness for citizens and fair competition between companies;
Amendment 30 #
2016/2038(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas within a budgetary framework of mutual control it is unacceptable for resources to be generated by taxes due in a Member State to actually be generated in another Member State through unfair and aggressive tax planning;
Amendment 56 #
2016/2038(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Parliament insisted on introducing measures to safeguard tax revenues in the « 2-pack » (article 9 of regulation EU No 472/2013 of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability);
Amendment 268 #
2016/2038(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to come up as soon as possible with a common Union list of uncooperative jurisdictions (i.e. a ‘'blacklist of tax havens’'), based on sound and objective criteria, including full implementation of OECD recommendations, BEPS actions and Automatic Exchange of Information standards, and welcomes the Commission’'s intention to reach an agreement on such a list within the next six months; calls on the Member States to endorse that agreement by the end of 2016; considers that this assessment should also include the countries which are OECD members;
Amendment 362 #
2016/2038(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the importance of clear separation between legal, tax advising services and auditing services within accountancy firms; asks the Commission to study the possibility of revising the Accounting Directive and Regulation to this effect;
Amendment 392 #
2016/2038(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges the Commission to propose as soon as possible a clear legal framework to guarantee the effective protection of whistleblowers, as well as of journalists and other persons connected with the press who aid and facilitate them; calls on the Member States to revise their current legislation with a view to preventing prosecution in such cases; considers that a credible and efficient framework should also prevent cases of unduly and detrimentally using whistleblowing as a strategy to deliberately damage the credibility of a company;
Amendment 423 #
2016/2038(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Uacknowledges that the Code of Conduct Group enabled some improvements towards a more fair EU tax competition but urges the Member States to reform, as soon as possible, the criteria and governance aspects of the Code of Conduct Group, in order to increase its transparency and accountability and ensure the strong involvement of Parliament;
Amendment 463 #
2016/2038(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Calls on the European Commission and the Member States to object to Third Countries' legislation having extraterritorial effects unless the EU has been offered to apply a similar mechanism in these jurisdictions;
Amendment 482 #
2016/2038(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls on the OECD to start work on an ambitious BEPS II, to be based primarily on minimum standards and concrete objectives for implementation; considers that monitoring implementation is the new challenge ahead; stresses that the coordination between the Commission and the Member States which are members of the Financial Action Task Force (FATF) should be improved in order for the EU to make its voice heard;
Amendment 1 #
2016/2033(INI)
Draft opinion
Citation 5 a (new)
Citation 5 a (new)
– having regard to Article 325 of the Treaty on the Functioning of the European Union;
Amendment 2 #
2016/2033(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regards to the Report on the future of VAT (2011/2082(INI)),
Amendment 3 #
2016/2033(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
– having regard to the proposal for a directive on the fight against fraud to the Union's financial interests by means of criminal law (COM(2012)0363),
Amendment 4 #
2016/2033(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Single Market, established on 1 January 1993, has abolished border controls for intra- community trade and whereas, under Articles 402-404 of the current VAT Directive, the European Union VAT arrangements in place since 1993 are of a provisional and transitional nature only;
Amendment 10 #
2016/2033(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it essential that Member States acknowledge the importance of a speedy and frequent exchange of information between them in order to effectively close the so-called VAT gap; considers that setting up national risk analysis tools could improve the efficiency of these exchanges of information;
Amendment 12 #
2016/2033(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, according to a COM study 1a , MTIC fraud (Missing Trader Intra-Community fraud, commonly called carousel fraud) alone is responsible for a VAT revenue loss of approximately €45 billion to €53 billion annually; __________________ 1a http://ec.europa.eu/taxation_customs/reso urces/documents/common/publications/st udies/ey_study_destination_principle.pdf
Amendment 14 #
2016/2033(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines the important role of the European Commission in collaboration with the Member States according to Article 325 TFEU;
Amendment 15 #
2016/2033(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas according to Europol estimates, between EUR 40 billion and EUR 60 billion of the annual VAT revenue losses of Member States are caused by organised crime groups, and 2 % of those groups are behind 80 % of missing trader intra-Community fraud;
Amendment 17 #
2016/2033(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas several Member States under the coordination of Eurojust and Europol have recently conducted three successful and consecutive Vertigo Operations which uncovered in total a 320 million EUR carousel fraud scheme;
Amendment 19 #
2016/2033(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the high administrative costs incurred under the present VAT system, especially with regard to cross- border transactions, could be significantly reduced for small and medium-sized enterprises in particular through the necessary reformsimplification measures;
Amendment 30 #
2016/2033(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, although unanimity in the European Council is required for the definitive VAT system to be established, 23 years after the introduction of the VAT Directive, the so called ‘standstill derogations’ are outdated, in particular with regards to the modern digital economy;
Amendment 58 #
2016/2033(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that it is essential for the Member States to adopt a coordinated tax policy and improve the speed and frequency of their exchange information concerning intra community trade in order to combat tax evasion and tax avoidance more effectively and finally close the existing ‘VAT gap’;
Amendment 67 #
2016/2033(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that cooperation between the Member State tax authorities has been inadequate in the past and the activities of Eurofisc have to date failed achieve any satisfactory results; is of the view that the information exchanged through Eurofisc should be better targeted to fraud;
Amendment 72 #
2016/2033(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the data provided to Eurofisc by national authorities is not filtered in a way which transfers solely suspect cases and thus hinders the optimal functioning of the group; supports the initiative of several Member States that argue for the setting up of national risk analysis tools which would permit filtering of data and allow Eurofisc to quickly react against cross-border VAT fraud;
Amendment 76 #
2016/2033(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that MS largely depend on information received from other MS concerning intra EU trade in order to be able to collect VAT in their territory; Calls on the authorities responsible to exchange VAT and excise information in particular and to use all available technical meansreliable and user-friendly IT means, such as electronic standard forms, to record cross-border deliveries of goods and services to end- users;
Amendment 80 #
2016/2033(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the lack of comparable data and of adequate relevant indicators to measure Member States' performance affects the effectiveness of the EU system to tackle intra EU VAT fraud and thus calls on tax authorities to establish, in coordination with the COM, a common system to estimate the size of intra EU fraud and then set targets to reduce it, as this would enable the evaluation of MS's performances in tackling this issue;
Amendment 175 #
2016/2033(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes that an application of the reverse charge mechanism only in selected business sectors has not proved to be a viable solution, as studies on the increasing VAT gap demonstrate, and agrees that in order to avoid fraudsters moving from one business sector or one MS to another, the introduction of the general reverse charge seems more appropriate; 1b __________________ 1b http://ec.europa.eu/taxation_customs/reso urces/documents/common/publications/st udies/vat_gap2013.pdf
Amendment 186 #
2016/2033(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to quickly conduct pilot projects to test out a general reverse charge procedure in terms of cost,benefits, compliance cost, potential implementation problems and long-term advantages, as some Member States have offered to carry out or have called for;
Amendment 196 #
2016/2033(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Takes the view that the Commission should closely monitor the performance of national tax authorities;
Amendment 197 #
2016/2033(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Welcomes the Commission announcement to expand the mini-one- stop-shop into a fully-fledged one-stop- shop; notes the paramount importance for it to be user-friendly and equally efficient in all 28 Member States; notes that creating a one-stop-shop would alleviate administrative burdens preventing companies from operating across borders and reduce costs for SMEs1c; __________________ 1c COM(2016) 0148 final
Amendment 204 #
2016/2033(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes the Court of Justice of the European Union ruling in C-97/09[ASE1] ; takes note of the 28 different thresholds for exemption from VAT tax; takes note of the ensuing financial difficulties faced by SMEs and micro-businesses which would be exempted under their national systems; calls on the Commission to conduct further studies on establishing a threshold for the exemption to pay VAT for micro-businesses;
Amendment 210 #
2016/2033(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the Commission's announcement that it will submit an SME package for VAT in 2017; recommends however that the implementation of the new framework should be gradual as it will trigger additional administrative costs (IT infrastructure, VAT processes);
Amendment 213 #
2016/2033(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes the complex filing system that imposes a high burden on SMEs and thus discourages cross-border trade; calls on the Commission to include in its SME package the proposal of a unified VAT filing, harmonised reporting requirements and deadlines;
Amendment 220 #
2016/2033(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls in the short term for a comprehensive internet portal for companies and end-users to find, clearly and easily, information on the VAT rates applicable to individual products and services in the Member States; further calls on the Commission to provide guidelines to national tax authorities on the classification of transactions with respect to the applied VAT rate in order to reduce compliance costs and legal disputes;
Amendment 23 #
2016/2007(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) dramatically lowering transaction costs for payments and transfer of funds worldwide, quite possibly to well below 1%, compared to 2% - 4% for traditional online payment systems21 , and to more than 7 % on average for the cross-border transfer of remittances22, thencerefore, in the most optimistic estimate, potentially reducing global total costs for remittances by up to EUR 20 billion; __________________ 21 https://www.eba.europa.eu/documents/101 80/657547/EBA-Op-2014- 08+Opinion+on+Virtual+Currencies.pdf 22 https://remittanceprices.worldbank.org/site s/default/files/rpw_report_december_2015. pdf
Amendment 64 #
2016/2007(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges the potential of DLT in assisting governments to reduce money laundering, fraud and corruption;
Amendment 66 #
2016/2007(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Further notes that DLT could be used to increase data sharing, transparency and trust not only between government and citizens, but also between private sector actors and clients;
Amendment 67 #
2016/2007(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the potential of DLT well beyond the financial sector, including the potential of smart contracts, digital signatures and heightened data protection;
Amendment 81 #
2016/2007(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for a proportionate regulatory approach so as not to stifle innovationnor add superfluous costs to innovation and development at an early stage, while taking seriously the regulatory challenges that the widespread use of VCs and DLT might pose;
Amendment 92 #
2016/2007(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission’s suggestions for including VC exchange platforms in the AMLD; recommends further extending the scope to custodian wallet providers if and when the use of the VC(s) in question were to become so prevalent that users would no longer routinely need to exchange their VCs into legal tender; highlights that amendments to the AMLD should be targeted and justified based on a full analysis of the risks of VCs, such the potential of financing terrorist activities;
Amendment 97 #
2016/2007(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends a review ofn analysis of whether any amendments should be made to the EU legislation on payments, including PSD and EMD, in light of the new possibilities afforded by new technological developments including VCs and DLT, with a view to further enhancing competition and lowering transaction costs, including by means of enhanced interoperability and possibly also via the promotion of a universal and non- proprietary electronic wallet;
Amendment 106 #
2016/2007(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the creation of a hHorizontal Task Force DLT (TF DLT) under the leadership of the Commission, in order to provide the necessary technical and regulatory expertise to support the relevant public actors, at both EU and Member State level, in their efforts to ensure a timely and well-informed response to the new opportunities and challenges arising with the introduction of DLT applications; observes that the potential of DLT use and the present investment dynamics justify TF DLT being equipped with a proper budget and being staffed with regulators and external technical experts dedicated cross- sectorally to the monitoring of DLT-based applications, identifying standards for best practice, and, where appropriate, recommending regulatory measures and addressing potentially arising consumer protection issues and systemic challenges;, led by the Commission and staffed with regulators and technical experts from business and academia; This TF DLT should have the following mandate:
Amendment 107 #
2016/2007(INI)
Motion for a resolution
Paragraph 13 – point i (new)
Paragraph 13 – point i (new)
(i) to support relevant public actors, at both EU and Member State level, in their efforts to ensure a timely and well- informed response to the new opportunities and challenges arising with the introduction of DLT applications;
Amendment 108 #
2016/2007(INI)
Motion for a resolution
Paragraph 13 – point ii (new)
Paragraph 13 – point ii (new)
(ii) to closely monitor the development and usage of DLT systems in the EU and to follow developments worldwide;
Amendment 109 #
2016/2007(INI)
Motion for a resolution
Paragraph 13 – point iii (new)
Paragraph 13 – point iii (new)
(iii) to assess current European regulation which may need to be updated to reflect the development of DLT;
Amendment 110 #
2016/2007(INI)
Motion for a resolution
Paragraph 13 – point iv (new)
Paragraph 13 – point iv (new)
(iv) to propose a roadmap for future steps to be taken on a European level, and recommendations for action on a national level;
Amendment 111 #
2016/2007(INI)
Motion for a resolution
Paragraph 13 – point v (new)
Paragraph 13 – point v (new)
(v) to fully analyse the benefits and risks of the use of DLT to tackle money laundering, terrorism financing and fraud;
Amendment 112 #
2016/2007(INI)
Motion for a resolution
Paragraph 13 – point vi (new)
Paragraph 13 – point vi (new)
(vi) to consider how DLT may affect consumer and data protection;
Amendment 121 #
2016/2007(INI)
Motion for a resolution
Paragraph 14 – introductory part
Paragraph 14 – introductory part
14. Asks the Commission, on the basis of the findings and proposed roadmap of TF DLT, to explore the need for a legislative proposal requiring VCs and other DLT scheme actors which do not yet have to comply with suitable standards based on existing regulation to demonstrate whether their scheme:
Amendment 126 #
2016/2007(INI)
Motion for a resolution
Paragraph 14 – point 1
Paragraph 14 – point 1
1. if it is used on a large scale, is designed so as to avoid harmingmaximise the benefits to consumers and users;
Amendment 49 #
2016/0414(COD)
Proposal for a directive
Recital 8
Recital 8
(8) WhereMember States should ensure that certain types of money laundering activities are also punishable when committed by the perpetrator of the criminal activity that generated that property (so-called self-laundering) when committed with the intention to hide the illegal origin of the property. Where, in such cases, money laundering activity does not simply amount to the mere possession or use, but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence, such as damaging the integrity of the financial system, that activity should be punished separately. Member States should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property (so-called self- laundering)able.
Amendment 55 #
2016/0414(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order for measures countering money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime thatestablish precisely the circumstances relating to the predicate offence which generated the property, let alone require a prior or simultaneous conviction for that crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third countrdomestically. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed there.
Amendment 60 #
2016/0414(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive aims to criminalise money laundering when committed intentionally and with the knowledge that the property had been derived from criminal activity. Intention and knowledge may be inferred from objective, factual circumstances. As this Directive provides for minimum rules, Member States are free to adopt or maintain more stringent criminal law rules for money laundering. Member States may, for example, provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence.
Amendment 66 #
2016/0414(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay down minimum types and levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA37 8 or where the perpetrator abused their professional position to enable money laundering, or where the money or the property being laundered is derived from terrorist activities as defined in Directive 2017/541; or where the offender is a Politically Exposed person as defined by Directive 2015/849, Member States should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42)
Amendment 71 #
2016/0414(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) To ensure the success of investigations and the prosecution of money laundering offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools such as those which are used in combating organised crime or other serious crimes. The use of such tools, in accordance with national law, should be targeted and take into account the principle of proportionality and the nature and seriousness of the offences under investigation and should respect the right to the protection of personal data.
Amendment 74 #
2016/0414(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Furthermore, the cross-border nature of money laundering activities requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the competent Union agencies and bodies to counter money laundering, including Eurojust and Europol. To that end, efficient use of the available tools and resources for cooperation should be made, such as joint investigation teams and coordination meetings facilitated by Eurojust. The global character of money laundering necessitates international action, requiring the Union and its Member States to strengthen cooperation with relevant third countries.
Amendment 86 #
2016/0414(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive respects the principles recognised by Article 2 TEU, respects fundamental rights and freedoms and observes the principles recognised, in particular, by the Charter, which encompass, inter alia, the principles 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. This Directive has to be implemented in accordance with those rights and principles taking also into account the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and other human rights obligations under international law.
Amendment 97 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point u a (new)
Article 2 – paragraph 1 – point 1 – point u a (new)
(ua) tax crimes relating to direct taxes and indirect taxes as defined in the national law of the Member States;
Amendment 100 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point v
Article 2 – paragraph 1 – point 1 – point v
(v) all offences, including tax crimes relating to direct taxes and indirect taxes as defined in the national law of the Member States, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;
Amendment 125 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) whether the criminal activity that generated the property was carried out in the territory of another Member State or in that of a third country, when the relevant conduct is a criminal offence under the national law of the Member State or the third country where the conduct was committed and would bewould constitute a criminal activity had it occurred domestically. Member States may further require that the predicate offence constitutes a criminal offence under the national law of the other Member State implementing or applyor that of a third country, expect when the third country is mentioned ing this Article had it been committed theree list of countries at high risk of money laundering as referred to in Directive 2015/849;
Amendment 141 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 shall be punishable by a maximum term of imprisonment of at least four years, at least in serious cases.
Amendment 160 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) The offender is a politically exposed person in the sense of Directive 2015/849;
Amendment 163 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(bb) The property being laundered is derived from terrorist activities as defined in Directive 2017/541;
Amendment 175 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the offence is committed in whole or in part in its territory or;
Amendment 177 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the offender is one of its nationals. or habitual resident or;
Amendment 178 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) the offence is committed for the benefit of a legal person established in its territory.
Amendment 182 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 184 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. When an offence falls within the jurisdiction of more than one Member State and when any of the Member States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States may have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their action. Account shall be taken of the following factors: (a) the Member State shall be that in the territory of which the offence was committed; (b) the Member State shall be that of which the offender is a national or resident; (c) the Member State shall be that in the territory of which the offender was found.
Amendment 191 #
Amendment 196 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that their competent authorities freeze or confiscate, as appropriate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council, the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of any of the offences referred to in this Directive.
Amendment 202 #
2016/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [124 months after adoption] at the latest. They shall immediately communicate the text of those provisions to the Commission.
Amendment 207 #
2016/0414(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission shall, by [124 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.
Amendment 89 #
2016/0413(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This Regulation does not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the TEU and in the Charter of Fundamental Rights of the European Union (hereinafter ‘the Charter’).
Amendment 90 #
2016/0413(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to ensure their uniform application by competent authorities, controls should be based primarily on risk analysis, with the purpose of identifying and evaluating the risks and developing the necessary counter-measures, and should be performed within a common risk management framework, as defined in Regulation 952/2013, which shall take into account the analysis carried out under articles 6 and 7 of Directive 2015/849. The Commission should be empowered to adopt, by means of delegated acts, the definition of the criteria of this common risk management framework. The establishment of a risk management framework common to all Member States should not prevent them from carrying out controls by random checks.
Amendment 160 #
Amendment 161 #
2016/0413(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the declarant, including full name, contact details (including address), date and place of birth, and nationality and ID number;
Amendment 162 #
2016/0413(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the owner of the cash, including full name, contact details (including address), date and place of birth, and nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 163 #
2016/0413(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) the intended recipient of the cash, including full name, contact details (including address), date and place of birth, and nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 164 #
2016/0413(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) the amount andor value as well as nature of the cash;
Amendment 166 #
2016/0413(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Disclosure obligation for unaccompanied cash
Amendment 168 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where unaccompanied cash of a value of EUR 10 000 or more is entering or leaving the Union, the sender or its representative shall declare that cash to the competent authorities of the Member States through which the cash is entering or leaving may, following a risk analysis, require the sender or, and join its declaration to the shipment. Where the competent authorities carrying out the controls laid down in article 5 detect that the obligation to declare the cash was not fulfilled and are not able to contact the sender, they may require the recipient or theirits representative to make a disclosure declaration, within a set deadline which may not be longer than 30 days. The competent authorities retain cash until the recipient or its representative make the disclosure or, if no disclosure is made, until the deadline expires. The obligation to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete or the cash is not made available for control.
Amendment 171 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the declarant, including full name, contact details (including address), date and place of birth, and nationality and ID number;
Amendment 172 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the owner of the cash, including the full name, contact details (including address), date and place of birth and nationality, nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 173 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the sender of the cash, including the full name, contact details (including address), date and place of birth and nationality, nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 174 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the recipient or intended recipient of the cash, including the full name, contact details (including address), date and place of birth and nationality, nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 175 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) the amount andor value as well as nature of the cash;
Amendment 178 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The obligation laid down in paragraph 1 shall not apply to credit and financial institutions as defined in article 3 paragraph 2 and 3 of the Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC.
Amendment 179 #
2016/0413(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. If the obligation under Article 3 or the disclosure obligation under Article 4 has not been fulfilled, the competent authorities shall establish in writing or in an electronic form an ex officio declaration which shall contain to the extent possible the details listed in Article 3(2) or Article 4(2), as the case may be.
Amendment 182 #
2016/0413(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The controls, other than random checks, shall be based primarily on risk analysis, with the purpose of identifying and evaluating the risks and developing the necessary counter- measures, and shall be performed within a common risk management framework in accordance with the criteria laid down pursuant to Article 15(b)as defined in Regulation 952/2013. This framework shall take into account the risk assessment analysis carried out under article 6 and 7 of Directive 2015/849.
Amendment 184 #
2016/0413(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The powers conferred on the competent authorities in this article shall also extend to article 6.
Amendment 190 #
2016/0413(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The competent authorities may seize and temporarily retain cash by an administrative decision in accordance with the conditions laid down in national legislation where:
Amendment 201 #
2016/0413(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The information referred to in paragraph 1 shall be communicated as soon as possible, and no later than one monthfive working days after the date on which it was collected.
Amendment 202 #
2016/0413(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Commission shall assess, and if found appropriate, present a legislative proposal for the creation of a Union Financial Intelligence Unit by 1 January 2019.
Amendment 207 #
2016/0413(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the Union, the information referred to in paragraph 1 shall also be transmitted to the Commission and to the European Public Prosecutor.
Amendment 212 #
2016/0413(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The information referred to in paragraphs 1 and 2 shall be communicated as soon as possible, and no later than one monthfive working days after the date on which it was collected.
Amendment 214 #
2016/0413(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall notify the Commission of any communication of information pursuant to paragraph 1 and the Commission shall on a regular basis present a report on the information communicated.
Amendment 226 #
2016/0413(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Each Member State shall introduce significant penalties to apply in the event of failure to comply with the obligation to declare laid down in Articles 3 and 4. Such penalties shall be effective, proportionate and dissuasive.
Amendment 238 #
2016/0413(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 249 #
2016/0413(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation fivthree years after its entry into force and every fivthree years thereafter.
Amendment 173 #
2016/0409(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) SIS includes a central system (Central SIS) and national systems withhich may contain a full or partial copy of the SIS database. Considering that SIS is the most important information exchange instrument in Europe, it is necessary to ensure its uninterrupted operation at central as well as at national level. Therefore each Member State should establish a partial or full copy of the SIS database and should set uplarge investments are needed to bolster and improve the central system and its backup system(s).
Amendment 174 #
2016/0409(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts (SIRENE manual). National authorities in each Member State (the SIRENE Bureaux), should ensure the quick and efficient exchange of this information.
Amendment 177 #
2016/0409(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to maintain theguarantee the quick and efficient exchange of supplementary information concerning the action to be taken specified in the alerts, it is appropriate to reinforce the functioning of the SIRENE Bureaux by specifying the requirements concerning the available resources, user training and the response time to the inquiries received from other SIRENE Bureaux.
Amendment 179 #
2016/0409(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Without prejudice to the responsibility of Member States for the accuracy of data entered into SIS, the Agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool, and for providing reports at regular intervals to Member States. With a view to improving the quality and processing of data by end users, the eu-LISA agency must also be responsible for organising, particularly for Sirene staff, training on how to use SIS II, in accordance with Article 3 of its Regulation. (Regulation (EU) No 1077/2011)
Amendment 180 #
2016/0409(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) With a view to ensuring the security of SIS data processing carried out by end users, the Member States must make sure that staff who have access to SIS receive regular training on the security and data protection rules and on the processes related to data processing set out in the SIRENE manual.
Amendment 181 #
2016/0409(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow better monitoring of the use of SIS to analyse trends concerning criminal offences, the Agency should be able to develop a state-of-the-art capability for statistical reporting to the Member States, the European Parliament, the Commission, Europol and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. Any statistic produced should not contain personal data.
Amendment 185 #
2016/0409(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographscopic data, photographs and facial images for identification purposes. The use of dactyloscopic data and facial images for identification purposes in SIS should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images. Searching with dactylographscopic data should be mandatory if there is any doubt concerning the identity of a person. A consultation with the help of fingerprints may be carried out before the entry of a new alert in order to check whether the person is already the subject of an alert in SIS under another identity or another alert. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 193 #
2016/0409(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Fingerprints and palm prints found at a crime scene should be allowed to be checked against the fingerprintsdactylographic data stored in SIS if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA47 and ‘terrorist offence’ should be offences under national law referred to in Council Framework Decision 2002/475/JHA48 . _________________ 47Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1). 48Council Framework Decision 2002/475/JHA of 13 June 2002Directive (EU) of 15 March 2017 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 196 #
2016/0409(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Any processing of photographs, facial images, DNA profiles and dactyloscopic data must not go beyond what is necessary to achieve the general objective being pursued and must be subject to the appropriate guarantees. Any use of photographs, facial images, DNA profiles or dactyloscopic data must be authorised under EU law or the law of the Member States. Any processing of photographs, facial images, DNA profiles or dactyloscopic data within the framework of SIS, including retention and use for identification purposes, must comply with the applicable provisions on data protection provided for in the SIS legal instruments, Regulation (EU) 2016/679 and the provisions in Directive 2016/680. The provisions in the legal instruments shall apply to the processing of photographs, facial images, DNA profiles and the dactyloscopic data of third-country nationals and EU citizens. In accordance with the principle of specifying the purpose, the method of use and the purpose for photographs, DNA profiles, facial images and dactyloscopic data in the SIS must be clearly defined. To that end, the Commission must be authorised to adopt an implementing act in accordance with Article 55(2).
Amendment 197 #
2016/0409(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Any processing of photographs, facial images or dactyloscopic data of minors should be carried out in full observance of the child’s best interest as laid down in Article 3 of the 1989 United Nations Convention on the Rights of the Child.
Amendment 203 #
2016/0409(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing, at the request of the competent judiciary authority, an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appand for minors in danger (as may be the case when there is a genuine and manifest risk that the child will imminently be removed from the Member State for the purpose of forced marriage, genital mutilation or activities linked to a terropriate safeguardsst offence as referred to in Titles II and III of Directive 2017/541). In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 217 #
2016/0409(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) A new action should be included for cases of suspected terrorism and serious crime, allowing for a person who is suspected to have committed a serious crime or where there is a reason to believe that he or she will commit a serious crime, to be stopped and questioned in order to supply the most detailed information to the issuing Member State (investigation check). This new action should not amount either to searching the person or to his or her arrest. It should supply, however, sufficient information to decide about further actions. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA.
Amendment 218 #
2016/0409(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes, it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes. Moreover, Member States regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period. Therefore, tThe retention period for alerts on persons should be a maximum of fivthree years. Under the general principle, alerts on persons should be automatically deleted from SIS after a period of fivthree years, except those entered for the purpose of a discreet, specific or investigative check, which must be deleted after a year. Alerts on objects for the purpose of discreet, investigative or specific checks should be automatically deleted from SIS after a year, as they are still linked to persons. Alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from SIS after a period of five years, as after such a period the likelihood of finding them is very low and their economic value is significantly diminished. Alerts on issued and blank identification documents should be kept for 10 years, as the validity period of documents is 10 years at the time of issuance. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 222 #
2016/0409(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Entering and extending the expiry date of a SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to insert an alert in SIS. Offences pursuant to Articles 1, 2, 3Titles II and 4III of Council Framework Decision 2002/475/JHADirective 2017/541 on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society, and these offences are extremely difficult to prevent, detect and investigate in an area without internal border controls where potential offenders circulate freely. Where a person or object is sought or monitored as part of criminal proceedings in relation to these offences, it is always necessary to create the corresponding alert in SIS on persons sought for a criminal judicial procedure, on persons or objects subject to a discreet, inquiry and specific check as well as on objects for seizure, as no other means would be as effective in relation to that purpose. The term ‘criminal proceedings’ is understood to cover all stages of the proceedings, from the moment a person is suspected or accused of having committed a criminal offence until the decision on the final determination of whether that person committed the criminal offence concerned has become definitive. In exceptional circumstances, the Member States should be able to derogate from that obligation only if entering an alert risks jeopardising an ongoing investigation or the safety of an individual, or when it would be contrary to the essential security interests of the Member State concerned. _________________ 50 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002 p.3).
Amendment 226 #
2016/0409(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The integrity of SIS data is of primary importance. Therefore, appropriate safeguards should be provided to process SIS data at central as well as at national level to ensure the end-to-end security of data. The authorities involved in data processing should be bound by the security requirements of this Regulation and, given the correct training on data processing, be subject to a uniform incident reporting procedure and informed of potential criminal offences and penalties in this field.
Amendment 228 #
2016/0409(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Data processed in SIS and the related supplementary information exchanged in application of this Regulation should not be transferred or made available to third countries or to international organisations. However, it is appropriate to strengthen cooperation between the European Union and Interpol by promoting an efficient exchange of passport data. Where personal data is transferred from SIS to Interpol, these personal data should be subject to an adequate level of protection, guaranteed by an agreement, providing strict safeguards and conditions.
Amendment 234 #
2016/0409(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States in relation to this Regulation, including the subsequent exchange and processing of supplementary information. The rights of data subjects for access, rectification and, removal, erasure of their personal data stored in SIS and of indemnity, and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out. Therefore, it is appropriate to require annual statistics from Member States a standard statistical system for annual reporting through a cooperation mechanism between the national supervising authorities and the European data protection supervisor.
Amendment 238 #
2016/0409(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. The extension of Europol's access rights to the SIS alerts on missing persons should further improve Europol's capacity to provide national law enforcement authorities with comprehensive operational and analytical products concerning trafficking in human beings and child sexual exploitation, including online. This would contribute to better prevention of these criminal offences, the protection of potential victims and to the investigation of perpetrators. Europol's European Cybercrime Centre would also benefit from new Europol access to SIS alerts on missing persons, including in cases of travelling sex offenders and child sexual abuse online, where perpetrators often claim that they have access to children or can get access to children who might have been registered as missing. Furthermore, since Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry or stay within the territory of a Member State either on the basis of restrictive measures or on criminal grounds or because of non-compliance with visa and stay conditions.
Amendment 240 #
2016/0409(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to bridge the gap in information sharing on terrorism, in particular on foreign terrorist fighters – where monitoring of their movement is crucial – Member States should share information on terrorism-related activity with Europol in parallel to introducing an alert in SIS, as well as hits and, related information and information when action to be taken is not carried out. This should allow Europol's European Counter Terrorism Centre to verify if there is any additional contextual information available in Europol's databases and to deliver high quality analysis contributing to disrupting terrorism networks and, where possible, preventing their attacks.
Amendment 255 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – introductory part
Article 3 – paragraph 1 – point b – introductory part
(b) ‘supplementary information’ means information not forming part of the alert data stored in SIS , but connected to SIS alerts, which is to be exchanged by the SIRENE Bureaux:
Amendment 256 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'confirmed identity' (identity established) means an identity that has been confirmed on the basis of genuine ID documents, by passport or by statement from the competent authorities;
Amendment 257 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(eb) 'non-confirmed identity' means that there is not sufficient proof of the identity;
Amendment 258 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e c (new)
Article 3 – paragraph 1 – point e c (new)
(ec) 'identity theft' (surname, first name, date of birth) is when a person, identified in the SIS, is using the identity of another person;
Amendment 259 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e d (new)
Article 3 – paragraph 1 – point e d (new)
Amendment 268 #
2016/0409(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Each Member State shall designate the 24/7 fully operational national authority which shall ensure the exchange and availability of all supplementary information (the SIRENE Bureau) in accordance with the provisions of the SIRENE Manual, as referred to in Article 8. The SIRENE Bureau shall serve as the sole point of contact to Member States for the exchange of supplementary information on alerts and to make it possible for the appropriate measures to be adopted when persons and objects have been registered in SIS II and are found following a hit.
Amendment 269 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Supplementary information shall be exchanged by the SIRENE Bureaux in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure provided for in Article 4(1)(c). Member States shall provide the necessary technical and personal resources to ensure the continuous availability and rapid and efficient exchange of supplementary information. In the event that the Communication Infrastructure is unavailable, Member States may use other adequately secured technical means to exchange supplementary information. In cases where the supplementary information concerns a serious crime or terrorist offence, Europol’s secure information exchange network SIENA should be the favoured technical backup method.
Amendment 272 #
2016/0409(COD)
3. The SIRENE Bureaux shall carry out their task in a quick and efficient manner, in particular by replying to a request for supplementary information as soon as possible but not later than 126 hours after the receipt of the request.
Amendment 276 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) Requests for supplementary information to be dealt with as a priority by the requested Sirene Bureau may be marked ‘URGENT’ in the Sirene form and followed by the reason for the urgency.
Amendment 277 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
(3b) In the case of requests for supplementary information regarding a person involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism, the SIRENE Bureaux must carry out their task immediately.
Amendment 278 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measuresThe Commission is authorised to adopt a delegated act in accordance with the procedure referred to in Article xxx regarding the instruction manual which describes in detail the rules and procedures governing the bilateral or multilateral exchange of supplementary ‘SIRENE manual’ information. Certain rules of a technical nature with a direct impact on the work of users in the Member States, particularly the SIRENE Bureaux, should be included in the SIRENE Manual. Appendices to this Manual shall set out, inter alia, rules on transliteration, code tables, forms for communication of supplementary information and other technical implementing measures for data processing. The Commission is authorised to adopt a delegated act in accordance with the examination procedure referred to in Article 72 55(2) in the form of a manual called the ‘SIRENE Manual’. to establish those rules.
Amendment 281 #
2016/0409(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing material and facilities used for processing personal data (facilities accessmaterial, access control and facility entry control);
Amendment 282 #
2016/0409(COD)
(ba) prevent the unauthorised processing of data in SIS and any unauthorised modification or erasure of data processed in SIS (control of data entry);
Amendment 283 #
2016/0409(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point k a (new)
Article 10 – paragraph 1 – point k a (new)
(ka) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 284 #
2016/0409(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point k b (new)
Article 10 – paragraph 1 – point k b (new)
(kb) ensure that the functions of SIS II perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 289 #
2016/0409(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
(6a) The Commission is authorised to adopt a delegated act, in accordance with Article XXX regarding the retention period for logs, in order to ensure that the rights of citizens are upheld when it comes to verifying the legality of data processing, and to achieve greater harmonisation of the retention period between Member States and differentiation between the retention period for logs on systematic consultations, particularly at border posts, and other consultations, particularly on the basis of police checks.
Amendment 290 #
2016/0409(COD)
Proposal for a regulation
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
(6b) The Commission is authorised to adopt an implementing act in accordance with Article 72(2) on the methods of communication and the format of logs for recording information.
Amendment 293 #
2016/0409(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data security, data protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties. 2. National standards for training users on data quality principles and practice should be established in cooperation with the national SIRENE Bureau. Member States may call upon the staff of the Sirene Bureaux to be involved in the training of all authorities entering alerts, stressing data quality and maximisation of the use of SIS II. 3. Member States are encouraged to take appropriate measures to avoid loss of qualification and experience caused by staff turnover. 4. Common training courses shall be organised at least once a year, to enhance cooperation between SIRENE Bureaux by allowing staff to meet colleagues from other SIRENE Bureaux, share information on national working methods and create a consistent and equivalent level of knowledge. The delivery of training should be in compliance with the Sirene Trainers Manual. 5. As far as possible, Sirene Bureaux should also expect to set up staff exchanges with other Sirene Bureaux at least once a year. 6. The agency eu-LISA shall carry out the tasks related to training on the use of SIS II, particularly for Sirene staff, in accordance with Article 3 of Regulation (EU) No 1077/2011.
Amendment 297 #
2016/0409(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing material and facilities used for processing personal data (facilities accessmaterial, access control and facility entry control);
Amendment 298 #
2016/0409(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point k a (new)
Article 16 – paragraph 1 – point k a (new)
(ka) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 299 #
2016/0409(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point k b (new)
Article 16 – paragraph 1 – point k b (new)
(kb) ensure that the functions of SIS II perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 300 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmitted, the type of data used to perform searches, the reference to the type of data transmitted and the name of the competent authority and the person responsible for processing the data.
Amendment 305 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
(6a) The Commission is authorised to adopt a delegated act, in accordance with Article XXX regarding the retention period for logs, in order to ensure that the rights of citizens are upheld when it comes to verifying the legality of data processing, and to achieve greater harmonisation of the retention period between Member States and differentiation between the retention period for logs on systematic consultations, particularly at border posts, and other consultations, particularly on the basis of police checks.
Amendment 306 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
(6b) The Commission is authorised to adopt an implementing act in accordance with Article 72(2) on the methods of communication and the format of logs for recording information.
Amendment 308 #
2016/0409(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission, in cooperation with the national supervisory authorities and the European Data Protection Supervisor, shall regularly and at least once per year carry out campaigns informing the publicEU citizens and third-country nationals about the objectives of SIS, the data stored, the authorities having access to SIS and the rights of data subjects. Member States shall, in cooperation with their national supervisory authorities, devise and implement the necessary policies to inform their citizensresidents in their territory about SIS generally.
Amendment 311 #
Amendment 313 #
2016/0409(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point j
Article 20 – paragraph 3 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 1, 2 , 3Titles II and 4III of Council Framework Decision 2002/475/JHADirective (EU) 2017/541 on combating terrorism;
Amendment 323 #
2016/0409(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where a person or an object is sought or monitored by a Member State as part of a criminal proceeding in relation to an offence that falls under Articles 1 to 4 of Council Framework Decision 2002/475/JHATitles II and III of Directive 2017/541 on combating terrorism, the Member State shall, in all circumstances, create the corresponding alert under either Article 34, 36 or 38 as appropriate.
Amendment 325 #
2016/0409(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
(2a) In exceptional circumstances, paragraph 2 is not applicable where the sharing of information would jeopardise current investigations or the safety of an individual, nor when it would be contrary to essential interests of the security of the Member State concerned.
Amendment 339 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
Amendment 340 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
(2b) Any entry of photographs, facial images, DNA profiles and dactyloscopic data of minors should be carried out in full observance of the child’s best interest as laid down in Article 24 of the EU Charter of Fundamental Rights and Article 3 of the 1989 United Nations Convention on the Rights of the Child.
Amendment 341 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
(2c) Any entry of photographs, facial images, DNA profiles and dactylographic data must not go beyond what is necessary to achieve the general objective being pursued and must be subject to the appropriate guarantees. Any entry of photographs, facial images, DNA profiles and dactylographic data must be authorised under EU law or the law of the Member States. Any entry of photographs, facial images, DNA profiles and dactylographic data as part of SIS II, including conservation and use for identification purposes, must comply with the applicable provisions on data protection provided for in the SIS II legal instruments, Regulation (EU) 2016/679 and the provisions in Directive 2016/680. The provisions in the legal instruments shall apply to the processing of photographs, facial images, DNA profiles and the dactylographic data of third- country nationals and EU citizens. In accordance with the principle of specifying the purpose, the purpose and the method of use for photographs, facial images, DNA profiles and dactylographic data in SIS II must be clearly defined. To that end, the Commission is authorised to adopt an implementing act in accordance with Article 55(2).
Amendment 342 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2 d (new)
Article 22 – paragraph 2 d (new)
2d The Commission is authorised to adopt a delegated act which describes the rules and procedures in accordance with Article XXX to introduce an Automated Fingerprint Identification System (AFIS) into SIS.
Amendment 348 #
2016/0409(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to Article 22, where available, all other data listed in Article 20(3) shall also be entered.
Amendment 349 #
2016/0409(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Updating an alert if an issuing Member State has relevant additional or modified data as listed in Article 20(2), it shall complete or correct the alert in question without delay.
Amendment 350 #
2016/0409(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Compatibility of alerts 1. Before a new alert is entered, the Member State shall verify whether the individual is already the subject of an alert in SIS. 2. Only one alert per Member State may be entered in SIS II for any one person. Several Member States may enter an alert on the same person if the alerts are compatible. 3. If a person is already the subject of an alert in SIS, the Member State wishing to enter a new alert shall verify, in accordance with the compatibility table for alerts on persons provided for in the SIRENE manual, that there is no incompatibility between the alerts. If there is no incompatibility, the Member State shall enter the new alert. If the alerts are incompatible, consultations between the relevant SIRENE Bureaux shall take place by means of exchanges of supplementary information so that an agreement can be reached in accordance with the order of priority of alerts provided for in the SIRENE manual. Departures from that order of priority may be made after consultation between the SIRENE Bureaux if essential national interests are at stake.
Amendment 352 #
2016/0409(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Requirements for alerts concerning persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism; 1. If a Member State intends to enter an alert on a person who is involved in an activity covered by Directive 2017/541, it shall simultaneously share the information with Europol’s European Centre for Combating Terrorism. 2. In the event of a hit regarding a person involved in an activity covered by the preceding paragraph, the executing Member State shall immediately inform the Member State that initiated the alert and Europol’s European Centre for Combating Terrorism. 3. To that end, the Commission is authorised to adopt an implementing act in accordance with Article 72(2) in order to specify the methods of communication.
Amendment 355 #
2016/0409(COD)
Proposal for a regulation
Chapter 7 – title
Chapter 7 – title
ALERTS ON MISSING PERSONS OR AT-RISK MINORS
Amendment 357 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. The following categories of missing persons may be entered:
Amendment 364 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c a (new)
Article 32 – paragraph 2 – point c a (new)
(ca) at-risk minors in accordance with paragraph 4a.
Amendment 365 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c b (new)
Article 32 – paragraph 2 – point c b (new)
(cb) missing unaccompanied child migrants pursuant to Article XXX of Regulation 2018/XXX (Eurodac)
Amendment 369 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Paragraph 2(a) shall apply in particular to children and to persons who have to be interned following a decision by a competent judicial authority.
Amendment 377 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4a. An alert concerning a child referred to in paragraph 2(ca), shall be issued upon request by the Member State’s competent judicial authority where there is a real and obvious risk of the child imminently leaving the Member State where the competent judicial authority is based because of forced marriage, genital mutilation or terrorism- related activities as referred to in Titles II and III of Directive (EU) 2017/541.
Amendment 379 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 4 b (new)
Article 32 – paragraph 4 b (new)
4b. The child alerts issued in accordance with this Article and the corresponding procedures must serve the best interests of the child. In accordance with Article 24 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 381 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Member States shall ensure that the data entered in SIS indicate which of the categories referred to in paragraph 2 the missing or at-risk person falls into. Further, Member States shall also ensure that the data entered in SIS indicate which type of missing or vulnerableat-risk person case is involved. The rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 383 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. Where there is a clear indication that vehicles, boats or aircraft are connected with a person who is the subject of an alert pursuant to paragraph 2, alerts on those vehicles, boats and aircraft may be issued in order to locate the person. In those cases the alert on the missing or at- risk person and the alert on the object shall be linked in accordance with Article 60. The technical rules necessary for entering, updating, deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 389 #
2016/0409(COD)
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. The alert may be issued for the purposes of preventing, detecting, investigating and prosecuting criminal offences, executing a criminal sentence and for the prevention of threats to public security:
Amendment 429 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Photographs, facial images, dactylographic data and DNA profiles shall be retrieved from SIS to verifyconfirm the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 432 #
2016/0409(COD)
1a. An investigation using fingerprints may be carried out before a new alert is issued in order to verify whether the person is already in SIS under another identity or another alert.
Amendment 439 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. As soon as this becomes technically possible, and while ensuring a high degree of reliability of identification, photographs and facial images may be used to identify a person, within the framework of the objectives and conditions laid down in paragraph 3. Identification based on photographs or facial images shall only be used atin the context of regular border crossing points where self-service systems and automated border control systems are in use. , within the framework of the objectives and conditions laid out in paragraph 3. Before this functionality is set up in SIS, the Commission must present a report on the availability and development of the requisite technology. The European Parliament shall be consulted during the production of that report.
Amendment 441 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. Any handling of photographs, facial images, DNA profiles or dactylographic data must not go beyond what is necessary to achieve the objective of general interest pursued, and should be subject to appropriate safeguards. Any use of photographs, facial images, DNA profiles or dactylographic data must be authorised by EU or national law. Any handling of photographs, facial images, DNA profiles or dactylographic data under SIS II, including their retention and use for identification purposes, must be in line with the relevant data protection provisions established by the legal instruments of SIS II, with Regulation (EU) 2016/679 and with the provisions of Directive 2016//680. The provisions established by those legal instruments apply to the handling of the photographs, facial images, DNA profiles and dactylographic data of third-country nationals and EU citizens. In accordance with the purpose- specification principle, the purpose of and the method for using the photographs, facial images, DNA profiles and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be able to adopt an implementing act in accordance with Article 72(2).
Amendment 442 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4 b (new)
Article 42 – paragraph 4 b (new)
Amendment 443 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4 c (new)
Article 42 – paragraph 4 c (new)
4c. The Commission shall be able to adopt an implementing act in accordance with Article XXX to introduce an Automated Fingerprint Identification System (AFIS).
Amendment 459 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where a search of the system by Europol reveals the existence of an alert in SIS, Europol shall inform the issuing Member State through the exchange of supplementary information via communication channels and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the features designed for the exchange of supplementary information, it shall inform the issuing Member State via the channels defined by Regulation (EU) 2016/794.
Amendment 462 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The use of information obtained from a search in the SIS is subject to the consent of the issuing Member State concerned. If the Member State allows the use of such information, the handling thereof by Europol shall be governed by Regulation (EU) 2016/794. Europol may only communicate such information to third countries and third bodies with the consent of the issuing Member State concerned.
Amendment 464 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. Europol may request further information from the issuing Member State concerned in accordance with the provisions of Regulation (EU) 2016/794.
Amendment 466 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 7
Article 46 – paragraph 7
7. Any copies, as referred to in paragraph 6, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in the event of an emergency until the emergency comes to an end. Europol shall report any such extensions to the European Data Protection Supervisor. The content, retention period and rules and formats of the logs shall be defined in line with Article 12.
Amendment 481 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. TAuthorised personnel from the ETIAS Central Unit under the European Border and Coast Guard Agency shall, for the purpose of performing its tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), have the right to access and search data entered in SIS, in accordance with Articles 26, 32, 34, 36 and 38(2) (j) and (k).
Amendment 484 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where a verification by the European Border and Coast Guard AgencyTIAS Central Unit reveals the existence of an alert in SIS the procedures set out in Articles 20 and 22 of Regulation establishing a European Travel Information and Authorisation System (ETIAS) appliesy.
Amendment 487 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. Every instance of access and every search made by the European Border and Coast Guard Agency and separately by the ETIAS Central Unit shall be logged in accordance with the provisions of Article 12 and each use made of data accessed by them shall be registered.
Amendment 493 #
2016/0409(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it. Alerts issued for the purposes of Article 36 of this Regulation shall be kept for a maximum period of one year.
Amendment 496 #
2016/0409(COD)
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. Within the review period, the Member State issuing the alert may, following a comprehensive individual assessment, which shall be logged, decide to keep the alert longer, should this prove necessary for the purposes for which the alert was issued. In such a case paragraph 2 shall apply also to the extension. Any extension of an alert shall be communicated to CS-SIS. Extending the expiry date of an SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to extend the expiry date of an SIS alert
Amendment 497 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts for arrest for surrender or extradition purposes pursuant to Article 26 shall be deleted once the person has been surrendered or extradited to the competent authorities of the issuing Member State. They may also be deleted automatically when an alert expires in accordance with Article 51 or when a decision is adopted by the competent authority of the issuing Member State or where it is deemed necessary under the provisions on the compatibility of alerts set out in Article 23b, or where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law.
Amendment 500 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Amendment 501 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point a – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point a – indent 2
- automatically, the expiry of the alert in accordance with Article 51;
Amendment 503 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point b – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point b – indent 2
- automatically, the expiry of the alert in accordance with Article 51; or
Amendment 504 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point c – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point c – indent 2
- automatically, the expiry of the alert in accordance with Article 51; or
Amendment 505 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on persons sought for a judicial procedure shall be deleted in accordance with the following rules:
Amendment 506 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point b
Article 52 – paragraph 3 – subparagraph 1 – point b
(b) automatically, the expiry of the alert in accordance with Article 51; or
Amendment 508 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 4 – introductory part
Article 52 – paragraph 4 – introductory part
4. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on discreet, inquiry and specific checks shall be deleted in accordance with the following rules:
Amendment 512 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 5 – introductory part
Article 52 – paragraph 5 – introductory part
5. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on objects for seizure or use as evidence shall be deleted in accordance with the following rules:
Amendment 513 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on unknown wanted persons pursuant to Article 40 shall be deleted in accordance with the following rules:
Amendment 527 #
2016/0409(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Information in caf the alert cannot be executed, the following procedure shall apply: (a) the requested Member States shall directly inform the issuing Member States and shall state the reasons, in accordance with the provisions set of non-execution of alertut in the SIRENE Manual; (b) the Member States concerned may agree on the action to be taken in line with their own national laws and the SIS II legal instruments; (c) if the required action cannot be carried out on persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism, the requested Member State shall directly inform the European Counter Terrorism Centre under Europol;
Amendment 528 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
Amendment 532 #
2016/0409(COD)
3a. Where a Member State other than the issuing Member State has a photograph, facial image or dactyloscopic data of a person about whom another Member State has raised an alert in SIS, it must, in accordance with the provisions set out in Article 22, send them as soon as possible to the issuing Member State so that it can complete the alert in question.
Amendment 533 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Where the Member States are unable to reach agreement within two months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the national supervisory authorities concerned for a decisionand to the European Data Protection Supervisor for a decision, in line with the cooperation provided for in Article 69.
Amendment 537 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 543 #
2016/0409(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) where the cross-check reveals that the subject of the new alert and the person already in SIS are indeed one and the same, the SIRENE Bureau shall apply the procedure for entering multiple alerts as referred to in Article 56(623b(3). Where the outcome of the check is that there are in fact two different persons, the SIRENE Bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications.
Amendment 544 #
2016/0409(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Where confusion may arise between the person actually intended as the subject of an alert and a person whose identity has been misused, the issuing Member State shall, subject to that person's explicit consent, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification. Any person whose identity has been misused has the right to withdraw his consent for the information to be processed.
Amendment 554 #
2016/0409(COD)
Proposal for a regulation
Article 65 – title
Article 65 – title
Right of access, rectification of inaccurate data and erasure, erasure and restrictions on the processing of unlawfully stored data
Amendment 556 #
2016/0409(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The right of data subjects to have access to data relating to them entered in SIS and to have such data rectified or erasure shall be exercisedor to obtain processing restrictions or compensation shall be exercised pursuant to Regulation 2016/679 and Directive (EU) 2016/680, in accordance with the law of the Member State before which they invoke that right.
Amendment 558 #
2016/0409(COD)
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. The person concerned shall be informed as soon as possible and in any event not later than 630 days from the date on which he applies for access or sooner if national law so provides.
Amendment 559 #
2016/0409(COD)
Proposal for a regulation
Article 65 – paragraph 7
Article 65 – paragraph 7
7. The person concerned shall be informed about the follow-up given to the exercise of his rights of rectification and erasure, erasure and processing restrictions as soon as possible and in any event not later than three month60 days from the date on which he applies for rectification or erasure or sooner if national law so provides.
Amendment 561 #
2016/0409(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Any person may bring an action before the courts or the authority competent under the law of any Member State to access, rectify, erase or obtain information or, to obtain compensation and processing restrictions in connection with an alert relating to him.
Amendment 562 #
2016/0409(COD)
Proposal for a regulation
Article 66 – paragraph 3 – subparagraph 1 – point c
Article 66 – paragraph 3 – subparagraph 1 – point c
(c) the number of requests for the rectification of inaccurate data and the erasure or restrictions on the processing of unlawfully stored data to the data controller and the number of cases where the data were correctified or erasdeleted;
Amendment 563 #
2016/0409(COD)
Proposal for a regulation
Article 66 – paragraph 3 – subparagraph 1 – point d
Article 66 – paragraph 3 – subparagraph 1 – point d
(d) the number of requests for the rectification of inaccurate data and the erasure or restrictions on the processing of unlawfully stored data submitted to the national supervisory authority;
Amendment 564 #
2016/0409(COD)
(f) the number of cases where the court ruled in favour of the applicant in any aspect of the case and the number of cases where compensation was obtained;
Amendment 566 #
2016/0409(COD)
Proposal for a regulation
Article 67 – paragraph 1 a (new)
Article 67 – paragraph 1 a (new)
1a. Each Member State shall ensure that its national supervisory authority has access to advice from persons with sufficient knowledge of fingerprint data.
Amendment 569 #
2016/0409(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The European Data Protection Supervisor shall ensure that the personal data processing activities of the Agency are carried out in accordance with this Regulation and Regulation (EU) 2016/679. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.
Amendment 578 #
Amendment 579 #
2016/0409(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1a. Any person who, or Member State which, has suffered material or immaterial damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered. That State shall be exempted from its liability, in whole or in part, if it proves that it is not in any way responsible for the event giving rise to the damage. Claims for compensation against a Member States for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of the national law of the defendant Member States, in accordance with Regulation (EU) 2016/671 and Directive (EU) 2016/680.
Amendment 580 #
2016/0409(COD)
Proposal for a regulation
Article 70 – paragraph 1 b (new)
Article 70 – paragraph 1 b (new)
1b. Member States shall take the necessary measures to ensure that any processing of data entered in SIS or any exchange of supplementary information contrary to the provisions of this Regulation is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.
Amendment 582 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Agency shall produce, daily, monthly and annual statistics showing the number of records per category of alert, the annual number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, completing, updating or deleting an alert in total and for each Member State. The statistics produced shall not contain any personal data. The annual statistical report shall be published. The Agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to Article 26 of this Regulation temporarily non-searchable, in total and for each Member State, including any extensions to the retention period of 48 hours.
Amendment 585 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. The Agency shall provide the Member States, the Commission, the European Parliament, Europol, Eurojust and the European Border and Coast Guard Agency with any statistical reports that it produces. In order to monitor the implementation of legal acts of the Union, the Commission shall be able to request the Agency to provide additional specific statistical reports, either regular or ad hoc, on the performance or use of SIS and SIRENE communication.
Amendment 587 #
2016/0409(COD)
7. Two years after SIS is brought into operation and every two years thereafter, the Agency shall submit to the European Parliament and the Council a report on the technical functioning of Central SIS and the Communication Infrastructure, including the security thereof, the introduction of the Automated Fingerprint Identification System and the bilateral and multilateral exchange of supplementary information between Member States.
Amendment 589 #
2016/0409(COD)
8. Three years after SIS is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. That overall evaluation report shall also include the introduction of the Automated Fingerprint Identification System and the SIS information campaigns organised by the Commission in line with Article 19. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 591 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 8 a (new)
Article 71 – paragraph 8 a (new)
8a. One year after the entry into force of this Regulation, the Commission and the Agency shall develop the Automated Fingerprint Identification System (AFIS).
Amendment 592 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 8 b (new)
Article 71 – paragraph 8 b (new)
8b. Two years after the entry into force of this Regulation, the Member States must have begun the adaptations needed to introduce the Automated Fingerprint Identification System (AFIS).
Amendment 141 #
2016/0408(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) SIS includes a central system (Central SIS) and national systems withhich may contain a full or partial copy of the SIS database. Considering that SIS is the most important information exchange instrument in Europe, it is necessary to ensure its uninterrupted operation at central as well as at national level. Therefore each Member State should establish a partial or full copy of the SIS database and should set upconsiderable investments are needed to bolster and improve the central system and its backup system(s).
Amendment 142 #
2016/0408(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts (the SIRENE Manual). National authorities in each Member State (the SIRENE Bureaux), should ensure the exchange of this information in a fast and efficient manner.
Amendment 145 #
2016/0408(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to maintain theguarantee the fast and efficient exchange of supplementary information concerning the action to be taken specified in the alerts, it is appropriate to reinforce the functioning of the SIRENE Bureaux by specifying the requirements concerning available resources, user training and the response time to the inquiries received from other SIRENE Bureaux.
Amendment 148 #
2016/0408(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Without prejudice to the responsibility of Member States for the accuracy of data entered into SIS, the Agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool, and for providing reports at regular intervals to the Member States. To improve the quality and processing of data by end-users, the Agency should also be tasked with organising training sessions, in particular for SIRENE staff, on the use of SIS II, in accordance with Rule 3 (Regulation (EU) No 1077/2011).
Amendment 149 #
2016/0408(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) To be certain that the processing of SIS data by end-users is secure, Member States should ensure that staff with access to SIS receive regular training on data security and protection rules and procedures on data processing as set out in the SIRENE Manual.
Amendment 151 #
2016/0408(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow better monitoring of the use of SIS to analyse trends concerning migratory pressure and border management, the Agency should be able to develop a state-of-the-art capability for statistical reporting to the Member States, the European Parliament, the Commission, Europol and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. Any statistic produced should not contain personal data.
Amendment 155 #
2016/0408(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographscopic data , photographs and facial images for identification purposes. The use of dactyloscopic data and facial images for identification purposes in SIS should also help ensure consistency in border control procedures where identification and the verification of identity are required by the use of dactylographscopic data and facial images. Searching with dactylographscopic data should be mandatory if there is any doubt concerning the identity of a person. To verify whether the person already appears in SIS under another identity or alert, a fingerprint search can be carried out before a new alert is entered. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 160 #
2016/0408(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Introducing an automated fingerprint identification service within SIS complements the existing Prüm mechanism on mutual cross-border online access to some national DNA databases and automated fingerprint identification systems. The Prüm mechanism interconnects national fingerprint identification systems so that a Member State can launch a request to ascertain whether the perpetrator of a crime whose fingerprints have been found is known in any other Member State. The Prüm mechanism only verifies whether the owner of the fingerprints has been known at one point in time; therefore, if the perpetrator only becomes known in a Member State later on, he or she could pass through the net. The SIS fingerprint search enables usera to actively search for the perpetrator.
Amendment 163 #
2016/0408(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Fingerprints and palm prints found at a crime scene should be allowed to be checked against the dactylographic data stored in SIS if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA45 and ‘terrorist offence’ should be offences under national law referred to in Council Framework Decision 2002/475/JHA46. Directive (EU)2017/541 of 15 March 2017 on combating terrorism. _________________ 45 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1). 46Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 165 #
2016/0408(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Any processing of photographs, facial images or dactyloscopic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any use of photographs, facial images or dactyloscopic data must by authorised by Union or Member State law. Any processing of photographs, facial images or dactyloscopic images in the scope of SIS, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down by the SIS legal instruments, and with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the processing of photographs, facial images and dactyloscopic data of third-country nationals and Union citizens. In accordance with the purpose-specification principle, the purpose and method for using photographs, facial images and dactyloscopic data in SIS must be clearly defined. To this end, the Commission should be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 166 #
2016/0408(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Photographs, facial images and dactyloscopic data of minors must be processed with full regard for the best interest of the child as laid down in Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 172 #
2016/0408(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order to reduce the administrative burden on the authorities involved in processing data on individuals for different purposes, it is appropriate to align the maximum retention period of refusal of entry and stay alerts.distinguish entry ban alerts issued on the basis of the provisions of Article 11 of Directive 2008/115/CE for which the maximum retention period should be five years in accordance with the possible maximum length of entry bans issued in accordance with procedures respecting Directive 2008/115/EC Therefore, the retention period for alerts , from the other alerts which are part of this mechanism, for which the retention personsiod should be a maximum of fivremain three years. As a general principle, alerts on persons should be automatically deleted from SIS after a period of five yearsor three years, respectively. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 175 #
2016/0408(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Entering and extending the expiry date of a SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to insert an alert in SIS. In cases of offences pursuant Articles 1, 2, 3 and 4 of Council Framework Decision 2002/475/JHA on combating terrorism49to Directive (EU) 2017/541, an alert should always be created on third country nationals convicted for any crimes of that kind, for the purposes of refusal of entry and stay taking into account the high level of threat and overall negative impact such activity may result in. _________________ 49Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 176 #
2016/0408(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The integrity of SIS data is of primary importance. Therefore, appropriate safeguards should be provided to process SIS data at central as well as at national level to ensure the end-to-end security of data. The authorities involved in the data processing should be bound by the security requirements of this Regulation and, be appropriately trained for that purpose, be subject to a uniform incident reporting procedure and be informed of any offences and criminal penalties in this respect.
Amendment 177 #
2016/0408(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Data processed in SIS in application ofand the related supplementary information exchanged pursuant to this Regulation shouldall not be transferred or made available to third countries or to international organisations.
Amendment 182 #
2016/0408(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States in relation to this Regulation, including the exchange and further processing of supplementary information. The rights of data subjects for access, rectification and, deletion, erasure of their personal data stored in SIS and compensation, and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out. Therefore, it is appropriate to require annual statistics from Member StatesMember States to develop a standard statistical system for reporting annually by means of a cooperation mechanism between national supervisory authorities and the European Data Protection Supervisor.
Amendment 187 #
2016/0408(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the alert categories defined in this Regulation. Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry and stay within the territory of a Member State eitheron the basis of restrictive measures, on criminal grounds or because of non-compliance with entry and stay conditions.
Amendment 189 #
2016/0408(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to bridge the gap in information sharing on terrorism, in particular on foreign terrorist fighters – where monitoring of their movement is crucial – Member States should share information on terrorism-related activity with Europol in parallel to introducing an alert in SIS, as well as hits and, related information and information in case the action to be taken is not carried out. This should allow Europol's European Counter Terrorism Centre to verify if there is any additional contextual information available in Europol's databases and to deliver high quality analysis contributing to disrupting terrorism networks and, where possible, preventing their attacks.
Amendment 199 #
2016/0408(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In accordance with Regulation (EU) 2016/1624 the European Border and Coast Guard Agency shall prepare vulnerability assessments and risk analyses. These risk analyses shall cover all aspects relevant to European integrated border management, notably threats that may affect the functioning or security of the external borders. Alerts introduced in the SIS in accordance with this Regulation, notably the alerts on refusal of entry and stay,on refusal of entry and stay or restrictive measures intended to prevent entry into or transit through Member States entered in SIS in accordance with this Regulation are relevant information for assessing possible threats that may affect the external borders, and should thus be available in view of the risk analysis which must be prepared by the European Border and Coast Guard Agency. Fulfilling the tasks assigned to the European Border and Coast Guard Agency in relation to risk analysis, necessitates access to SIS. Furthermore, in accordance with Commission proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS)55, the ETIAS Central Unit of the European Border and Coast Guard Agency will perform verifications in SIS via ETIAS in order to perform the assessment of the applications for travel authorisation which require, inter alia, to ascertain if the third country national applying for a travel authorisation is subject of a SIS alert. To this end the ETIAS Central Unit within European Border and Coast Guard Agency should also have access to SIS to the extent necessary to carry out its mandate, namely to all alert categories on third country nationals in respect of whom an alert has been issued for the purposes of entry and stay, and those who are subject to restrictive measure intended to prevent entry or transit through Member States. _________________ 55 COM(2016) 731 final.
Amendment 208 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – introductory part
Article 3 – paragraph 1 – point b – introductory part
(b) ‘supplementary information’ means information not forming part of the alert data stored in SIS, but connected to SIS alerts, which is to be exchanged by the SIRENE Bureaux:
Amendment 209 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) ‘illegal stay’: the presence on the territory of a Member State of a third- country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State;
Amendment 210 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) ‘confirmed identity’ (established identity) means an identity that has been confirmed on the basis of genuine ID documents, by passport or by statement from competent authorities.
Amendment 211 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f b (new)
Article 3 – paragraph 1 – point f b (new)
(f b) ‘unconfirmed identity’ means an identity of which there is not sufficient proof;
Amendment 212 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f c (new)
Article 3 – paragraph 1 – point f c (new)
(f c) ‘misused identity’ (surname, first name, date of birth) is when a person who is in SIS uses another person’s identity;
Amendment 213 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f d (new)
Article 3 – paragraph 1 – point f d (new)
Amendment 215 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(1) ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC; the process of a third-country national going back — whether by voluntarily complying with an obligation to return, or being forced to return — to: - his or her country of origin, or - a country of transit in accordance with Community or bilateral readmission agreements or other arrangements, or - another third country, to which the third-country national concerned voluntarily decides to return and in which he or she will be accepted;
Amendment 216 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l a (new)
Article 3 – paragraph 1 – point l a (new)
(l a) ‘return decision’: an administrative or judicial decision or act, stating or declaring the stay of a third- country national to be illegal and imposing or stating an obligation to return;
Amendment 217 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘entry ban’ means entry ban as defined in point 6 of Article 3 of Directive 2008/115/ECany administrative or judicial decision or act forbidding the entry or stay of a third- country national in a Member State for a specified period, accompanied by a return decision;
Amendment 225 #
2016/0408(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph l
Article 7 – paragraph 2 – subparagraph l
Each Member State shall designate thea national authority which is operational 24 hours a day, 7 days a week and shall ensure the exchange and availability of all supplementary information (the SIRENE Bureau) in accordance with the provisions of the SIRENE Manual, as referred to in Article 8. The SIRENE Bureau shall serve as single contact point for Member States to exchange supplementary information regarding alerts and to enable appropriate measures to be taken when persons or objects have been entered in SIS II and are found following a hit.
Amendment 226 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Supplementary information shall be exchanged by the SIRENE Bureaux in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure set out in Article 4(1)(c). Member States shall provide the necessary technical and personal resources to ensure the continuous availability and quick and efficient exchange of supplementary information. In the event that the Communication Infrastructure is unavailable, Member States may use other adequately secured technical means to exchange supplementary information. Where supplementary information concerns a serious crime or a terrorist offence, Europol’s Secure Information Exchange Network Application (SIENA) shall be the preferred technical backup tool.
Amendment 230 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The SIRENE Bureaux shall carry out their task in a quick and efficient manner, in particular by replying to a request for supplementary information as soon as possible but not later than 126 hours after the receipt of the request.
Amendment 232 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) In the event of requests for supplementary information regarding a person involved in an activity referred to in Titles II and III of the Directive (UE) 2017/541 on combating terrorism, the SIRENE bureaux must carry out their task immediately.
Amendment 233 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
(3b) Requests for supplementary information to be dealt with by the requested Sirene Bureau with highest priority may be marked ‘URGENT’ in the Sirene form, followed by the reason for urgency.
Amendment 234 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measuresThe Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the adoption of a manual containing detailed rules for the bilateral or multilateral exchange of supplementary information (SIRENE Manual). Since some technical rules have a direct impact on the work of users in the Member States, including the SIRENE Bureaux, those rules should be included in the SIRENE Manual. Therefore annexes to the Manual shall set out, inter alia, rules on transliteration, code tables, forms for communication of supplementary information and other technical application measures for data processing. The Commission shall be empowered to adopt an implementing act in accordance with the examination procedure referred to in Article 55(2) in the form of a manual called the ‘SIRENE Manual’for establishing those rules.
Amendment 237 #
2016/0408(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing equipment and facilities used for processing personal data (equipment, access control and facilities accessentry control);
Amendment 238 #
2016/0408(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
Amendment 239 #
2016/0408(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point k a (new)
Article 10 – paragraph 1 – point k a (new)
(k a) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 240 #
2016/0408(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point k b (new)
Article 10 – paragraph 1 – point k b (new)
(k b) ensure that the functions of SIS II perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 245 #
2016/0408(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
(6a) To guarantee that citizens’ rights are upheld with regard to monitoring the lawfulness of data processing, to improve harmonisation between the retention periods in different Member States and to achieve differentiation between the retention period for logs on systematic searches, in particular at border posts, and other searches, for example, during police controls, the Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the retention period for logs.
Amendment 246 #
2016/0408(COD)
Proposal for a regulation
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
(6b) The Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) concerning the rules and formats for logs.
Amendment 248 #
2016/0408(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data-security, data-protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties. 2. National standards for training users on data quality principles and practice should be established in cooperation with the national SIRENE Bureau. Member States may call upon the staff of the Sirene Bureaux to be involved in the training of all authorities entering alerts, stressing data quality and maximisation of the use of SIS II. 3. Member States are encouraged to take appropriate measures to avoid loss of qualification and experience caused by staff turnover. 4. Common training courses shall be organised at least once a year, to enhance cooperation between SIRENE Bureaux by allowing staff to meet colleagues from other SIRENE Bureaux, share information on national working methods and create a consistent and equivalent level of knowledge. The delivery of training should be in compliance with the Sirene Trainers Manual. 5. To the extent possible, SIRENE Bureaux should also provide for staff exchanges with other SIRENE Bureaux at least once a year. 6. The Agency shall perform tasks related to training on the use of SIS II, in particular for SIRENE staff in accordance with Article 3 of Regulation (EU) No 1077/2011.
Amendment 251 #
2016/0408(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing equipment and facilities used for processing personal data (equipment, access control and facilities accessentry control);
Amendment 252 #
2016/0408(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point k a (new)
Article 16 – paragraph 1 – point k a (new)
(k a) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 253 #
2016/0408(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point k b (new)
Article 16 – paragraph 1 – point k b (new)
(k b) ensure that the functions of the system perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 254 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmitted, the type of data used to perform searches, the reference to the type of data transmitted and the name of the competent authority and of the person responsible for processing the data.
Amendment 259 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
(6a) To guarantee that citizens’ rights are upheld with regard to monitoring the lawfulness of data processing, to improve harmonisation between the retention periods in different Member States and to achieve differentiation between the retention period for logs on systematic searches, in particular at border posts, and other searches, for example, during police controls, the Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the retention period for logs.
Amendment 260 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
(6b) The Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) concerning the rules and formats for logs.
Amendment 262 #
2016/0408(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission, in cooperation with the national supervisory authorities and the European Data Protection Supervisor, shall regularly, and at least once a year, carry out campaigns informing the publicUnion citizens and third-country nationals about the objectives of SIS, the data stored, the authorities having access to SIS and the rights of data subjects. Member States shall, in cooperation with their national supervisory authorities, devise and implement the necessary policies to inform their citizenspeople residing in their territory about SIS generally.
Amendment 263 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 8(1) or the provisions of this Regulation providing for the storage of additional data, SIS shall contain only those categories of data which are supplied by each of the Member States, as required for the purposes laid down in Articles 24 and 27.
Amendment 266 #
Amendment 267 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point j
Article 20 – paragraph 2 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 1, 2 , 3Titles II and 4III of Council Framework Decision 2002/475/JHADirective 2017/541 on combating terrorism;
Amendment 270 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point o
Article 20 – paragraph 2 – point o
(o) link(s) to other alerts issued in SIS pursuant to Article 438;
Amendment 271 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 1
Article 20 – paragraph 2 – point q – indent 1
- a previous conviction as referred to inthreat to public order or public security or to national security, which may constitute the presence of the third- country national in question in the territory of a Member State in accordance with Article 24(2)(a);.
Amendment 272 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 2
Article 20 – paragraph 2 – point q – indent 2
- a serious security threat as referred to inthreat to public order, public security or to national security, which may constitute the presence of the third- country national in question in the territory of a Member State in accordance with Article 24(2)(b);.
Amendment 273 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 2 a (new)
Article 20 – paragraph 2 – point q – indent 2 a (new)
- a threat to public order, public security or to national security which may constitute the presence in the territory of a Member State of a third-country national convicted of a terrorist offence in accordance with Article 24(2)(new).
Amendment 274 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 3
Article 20 – paragraph 2 – point q – indent 3
- an entry ban issued in line with procedures which comply with Directive 2008/115/EC as referred to in Article 24(3); or
Amendment 280 #
2016/0408(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In the application of Article 24(2) Member States shall, in all circumstances, create such an alert in relation to a third- country nationals if the offence falls under Articles 1 – 4 of Council Framework Decision 2002/475/JHA on combating terrorism71. _________________ 71Council Framework Decision 2002/475/JHA of 13 June 2002decision referred to in Article 24(1) concerns a third- country national who has been convicted of one of the offences referred to in Directive 2017/541 on combatting terrorism (OJ L 164, 22.6.2002 p.6)or a custodial sentence of less than 5 years.
Amendment 284 #
2016/0408(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
(2a) When a Member State has a photograph, facial image or dactylographic data of a person who has been entered in SIS by another Member State, the former must, without prejudice to paragraph 1, send the photograph, image or data as soon as possible to enable the latter to complete the alert.
Amendment 285 #
2016/0408(COD)
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
(2b) Photographs, facial images and dactylographic data of minors must be entered with full regard for the best interest of the child as laid down in Article 4 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 286 #
2016/0408(COD)
Proposal for a regulation
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
(2c) Any entry of photographs, facial images or dactylographic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any entry of photographs, facial images or dactylographic data must be authorised by Union or Member State law. Any entry of photographs, facial images or dactylographic data within the framework of SIS II, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down in the SIS II legal instruments, and with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the entry of photographs, facial images and dactylographic data of third-country nationals and Union citizens. In accordance with the purpose- specification principle, the purpose and method for entering photographs, facial images and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 287 #
2016/0408(COD)
Proposal for a regulation
Article 22 – paragraph 2 d (new)
Article 22 – paragraph 2 d (new)
(2d) The Commission shall be empowered to adopt a delegated act that describes in detail the rules and procedures in accordance with Article 54a (new) for entering an Automated Fingerprint Identification System (AFIS) in SIS.
Amendment 293 #
2016/0408(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to Article 22, where available, all other data listed in Article 20(2) shall also be entered.
Amendment 294 #
2016/0408(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Alert update when an issuing Member State has relevant additional or modified data as listed in Article 20(2), the Member State shall complete or correct the alert without delay.
Amendment 295 #
2016/0408(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23 b Compatibility of alerts 1. Before entering a new alert, the Member State shall check whether the person is already the subject of an alert in SIS. 2. Only one alert per Member State may be entered in SIS II for any one person. Several Member States may enter an alert on the same person if the alerts are compatible. 3. Where a person is already the subject of an alert in SIS, a Member State that wishes to enter a new alert shall check, in accordance with the compatibility table of alerts on persons referred to in the SIRENE Manual, that there is no incompatibility between the alerts. If there is no incompatibility, the Member State shall enter the new alert. If the alerts are incompatible, the SIRENE Bureaux concerned shall consult with each other by exchanging supplementary information in order to reach an agreement in line with the order of priority referred to in the SIRENE Manual. Departures from that order of priority may be made after consultation between the Member States if essential national interests are at stake.
Amendment 307 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
(2a) Under all circumstances, an alert shall be created if the decision referred to in paragraph 1 concerns a third-country national who has been convicted in a Member State of one of the offences referred to in Directive 2017/541 on combating terrorism.
Amendment 309 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
(2b) Under all circumstances, an alert shall be created if the decision referred to in paragraph 1 concerns a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least five years.
Amendment 312 #
2016/0408(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Conditions for alerts on refusal of entry concerning persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism; 1. Where a Member State issues an alert on refusal of entry or stay concerning a person involved in an activity referred to in Directive 2017/541, the Member State shall in parallel share this information with Europol’s European Counter Terrorism Centre. 2. In the event of a hit on an alert for refusal of entry and stay concerning a person involved in an activity referred to in the previous paragraph, the executing Member State shall immediately inform the issuing Member State and Europol’s European Counter Terrorism Centre. 3. To this end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) specifying the communication modalities.
Amendment 315 #
2016/0408(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27a Action to be taken regarding alerts 1. In the event of a hit concerning a third- country national about whom an alert has been issued in accordance with Articles 24 and 27, the competent authority should, without prejudice to Article (25(2) and the principles and provisions of the Geneva Convention of 1951 and in particular regarding the principle of non- refoulement: (a) refuse to issue the person with a visa or travel authorisation or; (b) refuse entry into the territory. In the case of a hit registered within the territory, the third-country national in question must be arrested, questioned and handed over to the competent authorities for them to decide on the action needed. 2. Supplementary detail concerning taking actions and the exchange of supplementary information is described in the SIRENE Manual.
Amendment 318 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Photographs, facial images and dactylographic data shall be retrieved from SIS to verifyconfirm the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 320 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
(1a) To check whether the person already appears in SIS under another identity or description, a fingerprint search can be carried out before a new alert is issued.
Amendment 327 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued under Article 24 and Article 27 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 330 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. As soon as this becomes technically possible, and while ensuring a high degree of reliability of identification, photographs and facial images may be used to identify a person and within the framework of the purposes and conditions referred to in paragraph 3. Identification based on photographs or facial images shall only be used in the context of regular border crossing points where self-service systems and automated border control systems are in use and within the framework of the purposes and conditions referred to in paragraph 3. Before that functionality is introduced in SIS, the Commission should present a report on the availability and level of development of the requisite technology. The Parliament shall be consulted for the production of that report.
Amendment 333 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
(4a) Any processing of photographs, facial images or dactylographic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any use of photographs, facial images or dactylographic data must be authorised by Union or Member State law. Any processing of photographs, facial images or dactylographic data in SIS II, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down by the SIS II legal instruments, as well as with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the processing of photographs, facial images and dactylographic data of third-country nationals and Union citizens. In accordance with the purpose- specification principle, the purpose and method for using photographs, facial images and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 334 #
2016/0408(COD)
(4b) Photographs, facial images and dactylographic data of minors must be processed with full regard for the best interest of the child as laid down in Article 24 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 335 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 4 c (new)
Article 28 – paragraph 4 c (new)
(4c) The Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) for introducing an Automated Fingerprint Identification System (AFIS) in SIS.
Amendment 338 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Where a search by Europol reveals the existence of an alert in SIS, Europol shall inform the issuing Member State through the exchange of supplementary information by means of the communication infrastructure and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the functionalities intended for the exchange of supplementary information, it shall inform issuing Member States via the channels defined by Regulation (EU) 2016/794.
Amendment 341 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The use of information obtained from a search in the SIS is subject to the consent of the issuing Member State concerned. If the Member State allows the use of such information, the handling thereof by Europol shall be governed by Regulation (EU) 2016/794. Europol may only communicate such information to third countries and third bodies with the consent of the issuing Member State concerned.
Amendment 342 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Europol may request further information from the issuing Member State concerned in accordance with the provisions of Regulation (EU) 2016/794.
Amendment 344 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 9
Article 30 – paragraph 9
9. For the purpose of verifying the lawfulness of data processing, self- monitoring and ensuring proper data security and integrity Europol should keep logs of every access to and search in SIS. Such logs and documentation shall not be considered to be the unlawful downloading or copying of any part of SIS. The content, retention period and rules and formats for the logs are defined in accordance with Article 12.
Amendment 353 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. TDuly authorised staff from the European Border and Coast Guard Agency shall, for the purpose of analysing the threats that may affect the functioning or security of the external bordersand assessing the vulnerability referred to in Articles 11 and 13 of Regulation (EU) 2016/1624, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.
Amendment 358 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. TDuly authorised staff from the ETIAS Central Unit of the European Border and Coast Guard Agency shall, for the purpose of performing its tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), have the right to access and verify data entered in SIS, in accordance with Articles 24 and 27.]
Amendment 361 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where a verification by the European Border and Coast Guard Agency for the purposes of paragraph 2TIAS Central Unit reveals the existence of an alert in SIS, the procedure set out in Articles 20 and 22 of Regulation establishing a European Travel Information and Authorisation System (ETIAS) shall appliesy.
Amendment 363 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. Every instance of access and every search made by the European Border and Coast Guard Agency and the ETIAS Central Unit shall be logged in accordance with the provisions of Article 12 and every use made of data accessed by the European Border and Coast Guard Agency shall be registered.
Amendment 366 #
2016/0408(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it, except for alerts concerning an entry ban issued in accordance with Article 24(3) for which the review period is five years.
Amendment 371 #
2016/0408(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Within the review period, the Member State issuing the alert may, following a comprehensive individual assessment, which shall be recorded, decide to keep the alert longer, should this prove necessary for the purposes for which the alert was issued. In such a case, paragraph 2 shall apply also to the extension. Any extension of an alert shall be communicated to CS-SIS. Extensions to the expiry date of a SIS alert shall be subject to the proportionality requirement, and it shall be examined whether a specific case is appropriate, relevant and important enough to extend an alert in SIS.
Amendment 373 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Alerts on refusal of entry and stay pursuant to Article 24 shall be deleted whenas soon as the decision on which the alert was entered has been withdrawn by the competent authority, where applicable following the consultation procedure referred to in Article 26.
Amendment 375 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Alerts relating to third-country nationals who are the subject of a restrictive measure as referred to in Article 27 shall be deleted whenas soon as the measure implementing the travel ban has been terminated, suspended or annulled.
Amendment 376 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
(2a) Alerts issued in accordance with Articles 24 and 27 shall automatically be deleted as soon as the alert expires in accordance with Article 34.
Amendment 377 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 2 b (new)
Article 35 – paragraph 2 b (new)
(2b) Alerts issued in accordance with Articles 24 and 27 shall be deleted when necessary in accordance with the provisions regarding the compatibility of alerts set out in Article 23b.
Amendment 385 #
2016/0408(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
If a requested action cannot be performed, the following procedure applies: (a) The requested Member State shall immediately inform the issuing Member State issuing the alert. via its SIRENE Bureau stating why not, in accordance with the provisions set out in the SIRENE Manual. (b) the Member States concerned may agree on the action to be taken in line with their own national laws and the SIS II legal instruments. (c) If a requested action to be taken cannot be carried out with regard to persons involved in an activity referred to in Titles II and II of Directive (EU) 2017/541 on combating terrorism, the requested Member State shall immediately inform Europol’s European Counter Terrorism Centre;
Amendment 386 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
(2a) In accordance with Article 23a, when an issuing Member State has relevant additional or modified data as listed in Article 20(2), the Member State shall complete or correct the alert without delay.
Amendment 389 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
(3a) Where a Member State other than the issuing Member State has a photograph, facial image or dactyloscopic data of a person who has been entered in SIS by another Member State, the former must, in compliance with the provisions set out in Article 22, send the data as soon as possible to the issuing Member State to enable it to complete the alert in question.
Amendment 390 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Where the Member States are unable to reach agreement within two months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the national supervisory authorities concerned for a decisionand to the European Data Protection Supervisor for a decision, following the cooperation provisions set out in Article 52.
Amendment 393 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
Amendment 398 #
2016/0408(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) (b) where the cross-check reveals that the subject of the new alert and the person already in SIS are indeed one and the same, the SIRENE Bureau shall apply the procedure for entering multiple alerts as referred to in Article 39(623b(3). Where the outcome of the check is that there are in fact two different persons, the SIRENE Bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications.
Amendment 399 #
2016/0408(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where confusion may arise between the person actually intended as the subject of an alert and a person whose identity has been misused, the issuing Member State shall, subject to that person's explicit consent, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification. Any person whose identity has been misused has the right to withdraw his consent for the information to be processed.
Amendment 408 #
2016/0408(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
Right of access, rectification of inaccurate data and erasure and restriction of the processing of unlawfully stored data
Amendment 410 #
2016/0408(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The right of data subjects to have access to data relating to them entered in SIS and to have such data rectified or erased shall be exercisedor to obtain compensation or a processing restriction shall be exercised in compliance with Regulation 2016/679 and Directive (EU) 2016/680, in accordance with the law of the Member State before which they invoke that right.
Amendment 414 #
2016/0408(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The person concerned shall be informed as soon as possible and in any event not later than 630 days from the date on which he applies for access or sooner if national law so provides.
Amendment 416 #
2016/0408(COD)
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. The person concerned shall be informed about the follow-up given to the exercise of his rights of rectification and erasure, erasure and processing restriction as soon as possible and in any event not later than three month60 days from the date on which he applies for rectification or erasure or sooner if national law so provides.
Amendment 418 #
2016/0408(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Third-country nationals who are the subject of an alert issued in accordance with this Regulation shall be informed by the issuing Member State as soon as possible and in any event no later than 30 days after the creation of the alert concerning them, in accordance with Articles 103 and 114 of Regulation (EU) 2016/679 or Articles 12 and 13 of Directive 95/46/EC(EU) 2016/680. This information shall be provided in writing, together with a copy of or a reference to the national decision giving rise to the alert, as referred to in Article 24(1).
Amendment 421 #
2016/0408(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Any person may bring an action before the courts or the authority competent under the law of any Member State to access, rectify, delete or erase information or to obtain a processing restriction and compensation in connection with an alert relating to him.
Amendment 423 #
2016/0408(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point c
Article 49 – paragraph 3 – subparagraph 1 – point c
(c) the number of requests for the rectification of inaccurate data and the erasure or restriction of the processing of unlawfully stored data to the data controller and the number of cases where the data were corrected or deleted;
Amendment 424 #
2016/0408(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point d
Article 49 – paragraph 3 – subparagraph 1 – point d
(d) the number of requests for the rectification of inaccurate data and the erasure or restriction of the processing of unlawfully stored data submitted to the national supervisory authority;
Amendment 425 #
2016/0408(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point f
Article 49 – paragraph 3 – subparagraph 1 – point f
(f) the number of cases where the court ruled in favour of the applicant in any aspect of the case and the number of cases where compensation was obtained;
Amendment 427 #
2016/0408(COD)
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
(1a) Each Member State shall ensure that its national supervisory authority has access to advice from persons with sufficient knowledge of fingerprint data.
Amendment 428 #
2016/0408(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The European Data Protection Supervisor shall ensure that the personal data processing activities of the Agency are carried out in accordance with this Regulation and with Regulation 2016/679. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.
Amendment 435 #
Amendment 436 #
2016/0408(COD)
Proposal for a regulation
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
(1a) Any person who, or Member State which, has suffered material or immaterial damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered. The Member State shall be partially or fully relieved of that liability if it proves that the harmful event cannot be attributed to it. Claims for compensation brought against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State, in accordance with Regulation (EU) 2016/671 and Directive (EU) 2016/680.
Amendment 437 #
2016/0408(COD)
Proposal for a regulation
Article 53 – paragraph 1 b (new)
Article 53 – paragraph 1 b (new)
Amendment 438 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The Agency shall produce, daily, monthly and annual statistics showing the number of records per category of alert, the annual number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, completing, updating or deleting an alert in total and for each Member State, including statistics on the consultation procedure referred to in Article 26. The statistics produced shall not contain any personal data. The annual statistical report shall be published.
Amendment 440 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. The Agency shall provide the Member States, the Commission, the European Parliament, Europol and the European Border and Coast Guard Agency with any statistical reports that it produces. In order to monitor the implementation of legal acts of the Union, the Commission shall be able to request the Agency to provide additional specific statistical reports, either regular or ad-hoc, on the performance or use of SIS and SIRENE communication.
Amendment 442 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. Two years after SIS is brought into operation and every two years thereafter, the Agency shall submit to the European Parliament and the Council a report on the technical functioning of Central SIS and the Communication Infrastructure, including the security thereof, and on the introduction of the automated fingerprint identification system, and the bilateral and multilateral exchange of supplementary information between Member States.
Amendment 445 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 8
Article 54 – paragraph 8
8. Three years after SIS is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. The overall evaluation report shall also include the creation of an automated fingerprint file function and SIS information campaigns organised by the Commission in accordance with Article 19. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 447 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 8 a (new)
Article 54 – paragraph 8 a (new)
(8a) One year after the Regulation has entered into force, the Commission and the Agency shall develop the Automated Fingerprint Identification System (AFIS) function.
Amendment 448 #
2016/0408(COD)
(8b) Within two years after the Regulation has entered into force, Member States should have started with the adjustments needed to introduce an Automated Fingerprint Identification System (AFIS).
Amendment 37 #
2016/0407(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Member States should take all necessary measures – while fully upholding fundamental rights, and in particular the principle of non- refoulement – to return illegally staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/EC.
Amendment 48 #
2016/0407(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure the effectiveness of return and increase the added value of alerts on return, Member States should enter alerts in SIS in relation to all return decisions they issued to illegally staying third- country nationals in accordance with provisions respecting Directive 2008/115/EC. For this purpose, Member States should enter an alert in SIS also when decisions imposing or stating an obligation to return are issued in the situations described in Article 2(2) of that Directive, notably to third-country nationals who are subject to a refusal of entry in accordance with the Schengen Borders Code, or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or a right to stay in that Member State, and to third-country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction, according to national law, or who are the subject of extradition procedures. In order to reduce the administrative burden for Member States and the number of less useful SIS entries, Member States may refrain from entering an alert if the return decision does not set a deadline for voluntary departure and the third-country national is placed in detention prior to removal.
Amendment 51 #
2016/0407(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Where enforcement of a return decision issued in accordance with provisions respecting Directive 2008/115/EC is suspended or postponed, the issuing Member State should mark the alert on return with a suspension indicator to ensure that it is only accessible to SIRENE bureaux, that it is not searchable by end-users, and that the action called for is not enforced.
Amendment 58 #
2016/0407(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Each Member State should designate an national authority responsible for the exchange of supplementary information in connection to alerts on returnthat is fully operational 24 hours a day, 7 days a week, and responsible for the exchange of supplementary information on third- country nationals who are the subject of a return decision (‘Migration Office’) in order to ensure efficient and swift cooperation among the Member States.
Amendment 61 #
2016/0407(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Where a third-country national who is subject of an alert on return is identified by a competent authority and it has been ascertained by the same authority that the obligation to return has not been complied with, that authority should immediately consult the issuing Member State through the exchange of supplementary information in order to determine the action to be taken. That action should be carried out in accordance with the EU return acquis and other provisions of national and EU legislation applicable to the case concerned. The Member States should nevertheless prioritise the recognition of the return decision of the issuing Member State pursuant to Directive 2001/40/EC.
Amendment 62 #
2016/0407(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Entering information on voluntary departure deadlines into the SIS should allow illegally staying third-country nationals, when checked, to say why they should be allowed to remain in a Member State.
Amendment 63 #
2016/0407(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Alerts on return should be automatically deleted as soon as the alert expires, in accordance with the examination procedure. They should also be deleted as soon as the Member State or competent authority that issued the return decision in accordance with provisions respecting Directive 2008/115/EC has been informed that the return has taken place. Where a return decision is accompanied by an entry ban, the latter should be entered in SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks]. In such cases Member States should take all necessary measures to ensure that no time-gap exist betwee, or, where necessary, in accordance with the provisions on the mcoment in which the third-country national leaves the Schengen area and the activation of the alert on the entry ban in SISpatibility of alerts.
Amendment 66 #
2016/0407(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Where a return decision is accompanied by an entry ban, the latter should be entered in the SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks].In such cases, Member States must take all necessary measures to ensure that there is no delay between the time the third-country national leaves the Schengen area and the time the alert on the entry ban is activated in the SIS.
Amendment 69 #
2016/0407(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) SIS should contain a mechanism for notifying the Member States about the non- compliance of third-country nationals with an obligation to return within a given period of voluntary departure. The mechanism should support the Member States in fulfilling their obligations in accordance with Article 8(1) and Article 11 of Directive 2008/115/EC with regard to third-country nationals who have not complied with an obligation to return.
Amendment 71 #
2016/0407(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Alerts should be kept in SIS only for the time required to fulfil the purposes for which they were entered. In accordance with Article 34 of Regulation (EU) 2018/xxx [border checks] the review period for alerts on the return of third- country nationals is five years.
Amendment 78 #
2016/0407(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) National authorities responsible for return may differ significantly among Member States, and such authorities may also vary within a Member State depending on the reasons for illegal stay. Judicial authorities may also issue return decisions in accordance with provisions respecting Directive 2008/115/EC, for instance as result of appeals against a refusal of granting an authorisation or right to stay, or as a criminal sanction. All national authorities in charge of issuing and enforcing return decisions in accordance with Directive 2008/115/EC should be entitled to access SIS in order to enter, update, delete and search alerts on return.
Amendment 94 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ‘entry ban’ means any administrative or judicial decision or act prohibiting entry into and stay on the territory of Member States for a fixed period.
Amendment 95 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d b (new)
Article 2 – paragraph 1 – point d b (new)
(db) ‘illegal stay’ means an illegal stay as defined in point 3 of Article 3 of Directive 2008/115/EC;
Amendment 96 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d c (new)
Article 2 – paragraph 1 – point d c (new)
(dc) ‘removal’ means removal as defined in point 5 of Article 3 of Directive 2008/115/EC;
Amendment 97 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘suspension indicator’ means a marker that an issuing Member State may add to an alert on return where enforcement of a return decision is suspended or postponed.
Amendment 98 #
2016/0407(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Data on third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be entered immediately in SIS for the purpose of verifying that the obligation to return has been complied with and for supporting the enforcement of the decision. An alert shall be entered in SIS without delay when the return decision is issued in accordance with provisions respecting Directive 2008/115/EC, and in accordance with the provisions on the compatibility of alerts laid down in Article 23b of Regulation (EU) 2018/xxx.
Amendment 101 #
2016/0407(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States may refrain from entering an alert if the return decision does not set a deadline for voluntary departure and the third-country national is placed in detention prior to removal.
Amendment 103 #
2016/0407(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The suspension and the postponement of the enforcement of the return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be immediately recorded in the alert, and a suspension indicator shall be added to the alert. Where a suspension indicator has been added, the alert shall only be accessible to SIRENE bureaux; it shall not be searchable by end-users; and the action called for shall not be enforced.
Amendment 107 #
Amendment 125 #
2016/0407(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Each Member State shall designate an national authority that is fully operational 24 hours a day, 7 days a week, and is responsible for the exchange of supplementary information on third- country nationals who are the subject tof a return decision (‘Migration Office’) in accordance with the provisions of the SIRENE Manual laid down in Article 8 of Regulation (EU) 2018/xxx [Bborder checks]. The Migration Office shall be the Member States’ single contact point for the exchange of supplementary information on return alerts and shall make it possible for the appropriate measures to be taken when a third- country national has been registered in the SIS for that purpose and is found following a hit on a return alert.
Amendment 126 #
2016/0407(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Where a third-country national who is the subject of an alert on return is identified when exiting through the external borders of a Member State, the Member State that identified the third-country national concerned shall communicate the following information immediately to the issuing Member State through the exchange of supplementary information:
Amendment 128 #
2016/0407(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Where a third-country national, who is the subject of an alert on return, exits through the external border of the issuing Member State, the confirmation of return shall be communicated immediately to the competent authority in accordance with national law.
Amendment 133 #
2016/0407(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. CS-SIS shall automatically notify the Member States about their alerts on return for which the period for voluntary departure has expired.
Amendment 137 #
2016/0407(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The action called for must be carried out in accordance with the EU return acquis and other provisions of national and EU legislation applicable to the individual case, which include: (a) issuing a return decision in accordance with provisions respecting Directive 2008/115/EC; (b) passing the third-country national back to the issuing Member State under an existing bilateral agreement or arrangement in accordance with Article 6(3) of Directive 2008/115/EC; or (c) recognising the return decision of the issuing Member State pursuant to Directive 2001/40/EC. In applying this Regulation, the Member States shall prioritise the recognition of the return decision of the issuing Member State pursuant to Directive 2001/40/EC.
Amendment 152 #
2016/0407(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Articles 6 and 8, alerts on return shall be deleted whenas soon as the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted when the third- country national concerned can demonstrate that they havehas left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 153 #
2016/0407(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Alerts on return shall be deleted automatically as soon as they expire, in accordance with Article 34 of Regulation 2018/xxx [border checks] relating to the consideration period.
Amendment 154 #
2016/0407(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Alerts on return shall be deleted where necessary in accordance with the provisions on the compatibility of alerts laid down in Article 23b of Regulation 2018/xxx [border checks].
Amendment 158 #
2016/0407(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Data processed in SIS and the related supplementary information pursuant to this Regulation may be transferred or made available to a third- country in accordance with Chapter V of Regulation (EU) 2016/679 with the authorisation of the issuing Member State, only for the purpose of identification of and issuance of an identification or travel document to an illegally staying-third country national in view of return and only where the following conditions are met: (a) the third country explicitly agrees to use the data only for the purpose for which they were provided, to respect that which is lawful and necessary for the purposes set out in paragraph 1, and to delete the data concerned when their retention can no longer be justified; (b) the third-country national concerned has been informed that his or her personal data may be shared with the authorities of a third country; (c) no information regarding the fact that an illegally staying third-country national has made an application for international protection in a Member State shall be disclosed to a third country, particularly where that country is also the applicant’s country of origin. Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation shall not be made available to a third country where the return decision has temporarily been suspended or postponed in line with Article 3(3).
Amendment 168 #
2016/0407(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
As far as not established in this Regulation, the provisions on responsibilities of the Member States and the Agency, the entry and, processing, updating and compatibility of alerts, the conditions to access and retention of alerts, data processing, data protection, liability and monitoring and statistics laid down in Articles 6 to 19, Article 20(3)-(4) as well as in Articles 21, 22, 28, 29(4) and 33 to 54 of Regulation (EU) 2018/ xxx [Border checks] shall apply to data entered and processed in SIS in accordance with this Regulation.
Amendment 110 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 1
Article 21b – paragraph 1
1. Subject to paragraph 1a, Member States shall require that two or more institutions in the Union, which are part of the same third country group, have an intermediate EU parent undertaking that is established in the Union.
Amendment 116 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 1 a (new)
Article 21b – paragraph 1 a (new)
1 a. Competent authorities may allow the institutions referred to in paragraph 1 to have two intermediate EU parent undertakings where the competent authorities is certain that a single intermediate EU parent undertaking would be incompatible with a mandatory requirement for separation of activities in accordance with the rules of the third country where the ultimate parent undertaking of the third country group has its head office or where it will facilitate the effective resolution of the institution.
Amendment 122 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 2
Article 21b – paragraph 2
2. Member States shall require an intermediate EU parent undertaking in the Union to obtain authorisation as an institution in accordance with Article 8, or as a financial holdingAn intermediate parent undertaking shall be a credit institution authorized in accordance with Article 8, or a financial holding company or mixed financial holding company in accordance with Article 21a. By way of derogation from the first subparagraph, where none of the institutions referred to in paragraph 1 is a credit institution or the second intermediate EU parent undertaking must be set up in connection with investment activities to comply with a mandatory requirement as referred to in paragraph 1a, the intermediate EU parent company or mixethe second financial holding company in accordance with Article 21atermediate EU parent company, respectively, may be an investment firm authorised in accordance with Article 5(1) of Directive 2014/65/EU.
Amendment 129 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 3
Article 21b – paragraph 3
3. Paragraphs 1, 1a and 2 shall not apply where the total value of assets in the Union of the third country group is lower than EUR 350 billion, unless the third country group is a non-EU G-SII.
Amendment 135 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – introductory part
Article 21b – paragraph 4 – introductory part
4. For the purposes of this Article, the total value of assets in the Union of the third country group shall includebe the sum of the following:
Amendment 136 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – point a
Article 21b – paragraph 4 – point a
(a) the amount of total assets of each institution in the Union of the third country group, as resulting from their consolidated balance sheet or as resulting from their individual balance sheet, where an institution's balance sheet is not consolidated; and
Amendment 137 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – point b
Article 21b – paragraph 4 – point b
Amendment 139 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – point b
Article 21b – paragraph 4 – point b
(b) the amount of total assets of each branch of the third country group authorised to operate in the Union in accordance with Article 47.
Amendment 151 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 – subparagraph 2
Article 21b – paragraph 6 – subparagraph 2
Competent authorities shall ensure that there is a single intermediate EU parent undertaking for all institutions that areeach institution under their jurisdiction that is part of a third country group meets one of the following conditions: (a) it has an intermediate EU parent undertaking; (b) it is an intermediate EU parent undertaking; (c) it is the only institution in the Union of the third country group; or (d) it is part of the samea third country group. whose total value of assets in the Union is below EUR 30 billion.
Amendment 158 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 a (new)
Article 21b – paragraph 6 a (new)
6 a. By way of derogation from paragraph 1, groups operating through more than one institution in the Union and with total value of assets exceeding EUR 30 billion on [date of entry into force of this directive] shall have an intermediate EU parent undertaking or, in the case referred to in paragraph 1a, two intermediate EU parent undertakings by [date of application of Directive + three years].".
Amendment 215 #
2016/0360A(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) The main purpose of this regulation is promoting prudential behaviour of financial institutions. Before granting lower risk weights to green or social liabilities the European Commission should carry out an impact assessment that shows that lower risk weighting is justified by an overestimation of the risk over an entire economic cycle under the standard approach.
Amendment 77 #
2016/0337(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions owing to the existence and interaction of 28 disparate corporate tax systems. Furthermore, tax planning structures have become ever-more sophisticated over time, as they develop across various jurisdictions and effectively take advantage of the technicalities of a tax system or of mismatches between two or more tax systems for the purpose of reducing the tax liability of companies. Although those situations highlight shortcomings that are completely different in nature, they both create obstacles which impede the proper functioning of the internal market. Action to rectify those problems should therefore address both types of market deficiencies while respecting the principle of tax neutrality but also the free movement of services in the European single market.
Amendment 117 #
2016/0337(CNS)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) This directive is not about harmonisation of the corporate tax rates of the Member States and thus, should not affect the discretion of Member States with regards to their national corporate taxation rates.
Amendment 124 #
2016/0337(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Many aggressive tax planning structures tend to feature in a cross-border context, which implies that the participating groups of companies possess a minimum of resources. On this premise, for reasons of proportionality, the rules on a common base should be mandatory only for companies which belong to a group of a substantial size. For that purpose, a size- related threshold should be fixed on the basis of the total consolidated revenue of a group which files consolidated financial statements. In addition, to ensure coherence between the two steps of the CCCTB initiative, the rules on a common base should be mandatory for companies which would be considered as a group should the full initiative materialise. In order to better serve the aim of facilitating trade and investment in the internal market, the rules on a common corporate tax base should also be available, as an option, to companies which do not meet those criteria. When evaluating the impact of this directive, five years after its implementation, the Commission should examine whether the new rules should also be made mandatory for SME.
Amendment 135 #
2016/0337(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) One of the main shortcomings of the current international tax rules is that the taxing right of a jurisdiction only arises when the business has a physical presence in that jurisdiction. It is necessary to redefine the concept of a permanent establishment situated in the Union and belonging to a taxpayer who is resident for tax purposes within the Union to also include a digital presence, without hampering the potential of the digital sector. The aim would be to ensure that all concerned taxpayers share a common understanding and to exclude the possibility of a mismatch due to divergent definitions. On the contrary, it should not be seen as essential to have a common definition of permanent establishments situated in a third country, or in the Union but belonging to a taxpayer who is resident for tax purposes in a third country. This dimension should better be left to bilateral tax treaties and national law due to its complicated interaction with international agreements.
Amendment 153 #
2016/0337(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) Recent developments in international taxation have highlighted that, in an effort to reduce their global tax liability, multinational groups of companies have increasingly engaged in tax avoidance arrangements leading to base erosion and profit shifting, through excessive interest payments. It is therefore necessary to limit the deductibility of interest (and other financial) costs, in order to discourage such practices. In that context, the deductibility of interest (and other financial) costs should only be allowed without restrictions to the extent that those costs can be offset against taxable interest (and other financial) revenues. Any surplus of interest costs should however be subject to deductibility restrictions, to be determined by reference to a taxpayer’s taxable earnings before interest, tax, depreciation and amortisation (‘EBITDA’). Member States could further restrict the amount of the deductibility of interest (and other financial) costs to ensure a higher level of protection.
Amendment 171 #
2016/0337(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) It is crucial to provide for appropriate anti-tax avoidance measures in order to reinforce the resilience of the rules on a common base against aggressive tax planning practices. Specifically, the system should include a strong and effective general anti-abuse rule (‘GAAR’), supplemented by measures designed to curb specific types of avoidance. Given that GAARs have the function of tackling abusive tax practices that have not yet been dealt with through specifically targeted provisions, they fill in gaps, which should not affect the applicability of specific anti- avoidance rules. Within the Union, GAARs should be applied to arrangements that are not genuine. It is furthermore important to ensure that the GAAR apply in a uniform manner to domestic situations, cross-border situations within the Union and cross- border situations involving companies established in third countries, so that their scope and results of application do not differ.
Amendment 180 #
2016/0337(CNS)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Since consolidation is only part of the second phase of the new approach to CCCTB, there will be a need for effective dispute resolution mechanisms. Furthermore, taking into account the fact that not all companies will be within the mandatory scope of the upcoming CCCTB, it can be expected that even after the implementation of this directive, a number of double taxation disputes will continue to arise, for which the mechanisms laid down by the Council Directive on Double Taxation Dispute Resolution Mechanisms in the EU shall apply.
Amendment 190 #
2016/0337(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) TSince this directive contains an important change to corporate taxation rules, the Commission should be required to conduct a thorough assessment and review the application of the Directive five years after its entry into force and report to the Council on its operation. This assessment should include at least the following points: the optional character for SMEs and the impact on tax revenues of the Member States. Member States should be required to communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive,
Amendment 213 #
2016/0337(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. A company that meets the conditions of points (a) and (b) of paragraph 1, but does not meet the conditions of points (c) or (d) of that paragraph, may opt, including for its permanent establishments situated in other Member States, to apply the rules of this Directive for a period of five tax years. That period shall automatically be extended for successive terms of five tax years, unless there is a notice of termination as referred to in Article 65(3). The conditions under points (a) and (b) of paragraph 1 shall be met each time the extension takes place. The commission should develop a tool that mitigates the administrative burden and costs for SMEs that voluntary opt-in the new system.
Amendment 392 #
2016/0337(CNS)
Proposal for a directive
Article 66 a (new)
Article 66 a (new)
Article 66a Mandatory exchange of information on tax matters In order for tax authorities to assess tax due properly and to ensure the proper implementation of this Directive, the exchange of information on tax matters shall be automatic and mandatory, as laid down by Council directive 2011/16/EU. Member States shall allocate adequate staff, expertise and budget resources to their national tax administrations as well as resources for the training of tax administration staff focusing on cross- border tax cooperation and on the automatic exchange of information in order to ensure full implementation of this Directive.
Amendment 405 #
2016/0337(CNS)
Proposal for a directive
Article 69 – paragraph 3
Article 69 – paragraph 3
The Commission shall communicate its findings in a report to Member States and the European Parliament with the aim to take those findings into account for the design and implementation of national corporate tax systems. The report shall include an analysis of the following elements : The impact of this system on Member States tax revenues, the practicability and advantages and disadvantages of making the system mandatory for SMEs, the impact on a fair tax collection between member States and the impact on the internal market as a whole, with particular regard to possible distortion of competition between companies subject to the new rules laid down in this directive;
Amendment 26 #
2016/0209(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) It is therefore necessary to ensure the access by the tax authorities to the AML information, procedures, documents and mechanisms for the performance of their duties in monitoring the proper application of Directive 2011/16/EU and to include this information, when relevant, in the automatic exchanges between Member States, and with the Commission, on a confidential basis.
Amendment 44 #
2016/0209(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
The following article is inserted: “Article 8a The tax authorities of a Member State shall, within six months of their collection, automatically exchange the documents and information referred to in Article 22 of this Directive with any other Member State, and with the Commission on a confidential basis, if the beneficial owner of a firm, or, in the case of a trust, the settler, one of the trustees, the protector (where applicable), a beneficiary or any other person exercising genuine control over the trust, or, lastly, the holder of an account referred to in Article 32a of Directive (EU) 2015/849 is a taxpayer in that Member State.”
Amendment 8 #
2016/0208(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Policies and actions in other relevant areas of Union competence, for instance in international trade and development cooperation, should be utilised, where possible, to complement the work to fight money laundering and terrorist financing through the financial system. Those policies and actions should seek to complement and not undermine other policy goals of the Union.
Amendment 10 #
2016/0208(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In order for the Union's common framework to combat money laundering and terrorist financing through the financial system to be most effective in the long-term, a coordinated approach is also needed beyond the Union. Trade agreements should be used as a tool to expand that approach to third countries. Strengthening good governance clauses in bilateral agreements with third countries already benefitting from or negotiating a trade agreement with the Union is key. Increasing and strengthening structured dialogue on combating illicit financial flows and providing continued exchanges of expertise would benefit all sides to close current loopholes and gaps.
Amendment 17 #
2016/0208(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) To ensure anti-money laundering and counter terrorist financing rules are correctly implemented within third countries, monitoring of governance provisions of financial services should be strengthened in bilateral agreements and partnerships, even when these clauses are not binding.
Amendment 77 #
2016/0208(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The creation of a an European FIU assisting and supporting Member States’ FIU in their tasks would be an efficient and cost effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.
Amendment 154 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2015/849/EU
Article 3 – point 6 – point a – point i – subparagraph 2 a (new)
Article 3 – point 6 – point a – point i – subparagraph 2 a (new)
For the purposes of Article 13(1)(b) and Article 30 of this Directive, the indication of ownership or control set out in the second subparagraph is reduced to 10% whenever the legal entity is a Passive Non-Financial Entity as defined in Directive 2011/16/EU.;
Amendment 159 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2015/849/EU
Article 3 – point 6 – point a – point ii
Article 3 – point 6 – point a – point ii
(aa) in point (6) (a), point (ii) is replaced by the following: ""(ii) if, after having exhausted all possible means and, the entity fails to provided there are no grounds for suspicion, no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the identity of any natural person who meets the criteria set out in point (i), the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point (i). Where there is any doubt that the person(s) identified are the beneficial owner(s), a record of that doubt shall be made. In addition, obliged entities shall identify and verify the identity of the relevant natural person(s) who holds the position of senior managing official(s), the obliged , who shall be identitfies shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point;" d as the "senior manager" (and not as "beneficial owner"), and record details of all legal owners of the entity;";" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481016627325&uri=CELEX:32015L0849)
Amendment 216 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2015/849/EU
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(4a) in Article 13(1), the following point is inserted: (aa) screening the customer's and beneficial owner's names against the EU sanction list;
Amendment 218 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
(4a) The following Article 13a is inserted: Article 13a. By January 2018, the Commission shall set up a publicly accessible platform that interconnects UN, EU and Member State's, lists of persons, groups, and entities subject to sanctions.
Amendment 258 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 a (new)
Article 30 – paragraph 1 – subparagraph 2 a (new)
(-a) in paragraph 1, the following subparagraph is added: 'Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting.
Amendment 266 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
(9a) Paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current." over time. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis. Obliged entities shall report any discrepancy they find between the beneficial ownership information contained in the central registers and the beneficial ownership information collected when performing their due diligence procedures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 274 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2015/849/EU
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
(aa) the following paragraph 5a is inserted: '5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.'
Amendment 280 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2015/849/EU
Article 30 – paragraph 8 – subparagraph 1 a (new)
Article 30 – paragraph 8 – subparagraph 1 a (new)
(ba) in paragraph 8, the following subparagraph is added : "Before entering into a new customer relationship with a corporate or other legal entity subject to the registration of beneficial ownership information, the obliged entities shall collect proof of that registration"
Amendment 287 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1
Article 30 – paragraph 9 – subparagraph 1
In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 and paragraph 5a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions shall be reassessed at regular intervals not exceeding 12 months to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register.
Amendment 314 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be publicly accessible to any person or organisation that can demonstrate a legitimate interest. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.
Amendment 400 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Directive 2015/849/EU
Chapter VI – Section 3 – Subsection IV (new)
Chapter VI – Section 3 – Subsection IV (new)
(18a) in Section 3 of Chapter VI, the following subsection IV is added: Subsection IV Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that would coordinate, assist and support Member Sates FIUs. This European FIU shall lend support national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own case analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIU shall automatically exchange information with this European FIU when investigating on a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs powers and obstacles to cooperation in order to design a well-balanced and tailor made system of cooperation.
Amendment 401 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)
Article 1 – paragraph 1 – point 18 b (new)
Directive 2015/849/EU
Article 51 b (new)
Article 51 b (new)
(18b) the following Article 51b is inserted: Article 51b 1. Member States shall ensure their FIU can cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that their FIU is able to make inquiries on behalf of foreign counterparts where this could be relevant to an analysis of financial transactions. At a minimum, inquiries should include: – Searching its own databases, which would include information related to suspicious transaction reports. – Searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information
Amendment 412 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
(21a) in Section 3 of Chapter VI, the following subsection is inserted : Subsection IIIa International Cooperation Article 57a 1. Member State should ensure that their competent authorities supervising credit and financial institutions as well as their law enforcement authorities, provide the widest possible range of international cooperation with the competent authorities of third countries that constitute counterparts of the national competent authorities. 2. Member state shall ensure that there are effective gateways to facilitate the prompt and constructive exchange directly between counterparts, either spontaneously or upon request, of information relating to money laundering.
Amendment 450 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 3
Article 7 b – paragraph 3
3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2), in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.
Amendment 20 #
2016/0142(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Considering that it is essential that the criteria used to grant visa exemption continued to be fulfilled after the exemption is granted and over time , the European Commission shall closely monitor the third countries’ compliance with these benchmarks, in particular the respect of fundamental rights and regularly report to the Council and the European Parliament.
Amendment 33 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c
Article 1a – paragraph 2 – point c
(c) a substantial increase in the number of rejected readmission applications which are submitted by the Member State to that third country for its own nationals and which are rejected, go unanswered or lapse or, where a readmission agreement concluded between the Union or that Member State and that third country provides for such obligation, for third country nationals having transited through that third country.
Amendment 34 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c a (new)
Article 1a – paragraph 2 – point c a (new)
(ca) a substantial increase in the number of nationals of that third country who are found not to meet the conditions governing entry into the Schengen area as set out in Article 5 of Regulation (EC) No 562/2006 (Schengen Code).
Amendment 35 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c a (new)
Article 1a – paragraph 2 – point c a (new)
Amendment 38 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(cb) a substantial increase in the number of forged, false or invalid passports or identity or travel documents issued or supposedly issued by that third country.
Amendment 43 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – introductory part
Article 1a – paragraph 2 a – introductory part
« 2a. Where the Commission has concrete and reliable information of circumstances referred to in points (a), (b), (c) or (cd) of paragraph 2, or that the third country is not cooperating on readmission, in particular where a readmission agreement has been concluded between that third country and the Union, for instance:
Amendment 48 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – concluding part
Article 1a – paragraph 2 a – concluding part
the Commission may, on its own initiative,shall inform the European Parliament and the Council. This information shall be equivalent to a notification made pursuant to paragraph 2. Prior to this information process, the Commission may take into account the results of its monitoring of the continued compliance by the third country concerned with the criteria necessary to obtain visa liberalisation, in particular those related to fundamental rights.”
Amendment 60 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 539/2001
Article 1a – paragraph 4
Article 1a – paragraph 4
(5a) The following is added in the second subparagraph of paragraph 4: ‘A Member State which, in accordance with Article 4 of this Regulation, wishes to introduce new exceptions to the visa requirement for a category of nationals of the third country covered by the delegated act suspending the exemption from the visa requirement shall notify the Commission in advance.’
Amendment 134 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establish. Nevertheless, member states should maintaing the reference key for the distribuight to examine applications of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat dataindividuals seeking international protection in their respective territories. The Asylum Agency should assist member states with eventual re- examinations through the provision of information material, which would be developed in close cooperation with the relevant authorities of the Member States.
Amendment 150 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to prevent that applicants with inadmissible claims, or who are likely not to be in need of international protection, or who represent a security risk arefrom being transferred among the Member States, it is necessary to ensure that the Member State where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.
Amendment 234 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) When the allocation mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, determine that a different Member State should be responsible.
Amendment 243 #
2016/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Under the allocation mechanism, tThe costs of transfer of an applicant to thfrom one Member State of allocationto another should be reimbursed from the EU budget.
Amendment 255 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-for an indefinite period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanismanother Member State.
Amendment 281 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 881 #
Amendment 891 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may, at the end of the three-month period after the date of entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not take part in the corrective allocation mechanism set out in Chapter VII of this Regulation as a Member State of allocation and notify this to the Member States, the Commission and the European Union Agency for Asylum.
Amendment 900 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 909 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 916 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 61 #
2016/0132(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78 (2)(d) and (e), 79(2)(c), 87(2)(a) and 88(2)(a) thereof,
Amendment 63 #
2016/0132(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of applying Regulation (EU) No […/…] establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person24 and of Regulation XXX/XXX establishing a Union Resettlement Framework, it is necessary to establish the identity of applicants for international protection, of persons for whom Member States intend to launch a resettlement procedure and of persons apprehended in connection with the unlawful crossing of the external borders of the Union24 . It is also desirable, in order effectively to apply Regulation (EU) No […/…], and in particular Articles[..] and [..]) thereof, to allow each Member State to check whether a third- country national or stateless person found illegally staying on its territory has applied for international protection in another Member State. _________________ 24 See page 31 of this Official Journal.
Amendment 64 #
2016/0132(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is necessary, for the purposes of the implementation of Regulation XXX/XXX establishing a Union Resettlement Framework, for all Member States to register in Eurodac information on third-country nationals and stateless persons for whom they intend to conduct a resettlement procedure, in accordance with Article 10(2) of that Regulation.
Amendment 65 #
2016/0132(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The registration in Eurodac is designed to ensure that persons for whom a Member State intends to conduct a resettlement procedure enjoy the same level of protection and the same rights applicable to other applicants for, and beneficiaries of, international protection as regards the processing of their data. This should also enable Member States to verify whether or not a third-country national or stateless person has already been resettled in another Member State by virtue of Regulation XXX/XXX. If they have, then the Member State of resettlement can be established and any secondary movements monitored;
Amendment 69 #
2016/0132(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Agency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA) should conduct a study to ascertain whether the combinations of biometric identifiers in the EU’s various justice and home affairs databases need to be harmonised and, more specifically, whether Eurodac should limit its identification data to four fingerprints and a facial image, like the entry/exit system provided for in Regulation (EU) .../... of the European Parliament and of the Council.
Amendment 77 #
2016/0132(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including non- refoulement, refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential part of the comprehensive efforts to address migration and, in particular, to reduce and deter irregular migration. To increase the effectiveness of the Union system to return illegally staying third- country nationals is needed in order to maintain public trust in the Union migration and asylum system, and should go hand in hand with the efforts to protect those in need of protection. _________________ 26 Directive of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24,12,2008, p. 98.
Amendment 79 #
2016/0132(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) With a view to stepping up cooperation between Member States in managing irregular migration, illegally staying nationals should give the name of the removal measure taken by the Member State which entered the data in Eurodac instead of the asylum request number.
Amendment 84 #
2016/0132(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Member States could allow a reasonable deadline of 15 days after the end of authorised stays for fulfilling their obligations under Article 14 in respect of illegally staying third-country nationals who entered by legally crossing the external border of the Schengen area.
Amendment 94 #
2016/0132(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security28 highlights the need to improve the interoperability of information systems as a long-term objective, as also identified by the European Council and the Council. The Communication proposes to set up an Expert Group on Information Systems and Interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security. This group should assess the necessity and proportionality of establishing interoperability with the Schengen Information Systems (SIS), the Entry/Exit System and the Visa Information Systems (VIS), and examine if there is a need to revise the legal framework for law enforcement access to EURODAC. _________________ 28 COM(2016) 205 final
Amendment 103 #
2016/0132(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) With a view to ensuring equal treatment for all applicants and beneficiaries of international protection, as well as in order to ensure consistency with the current Union asylum acquis, in particular with Directive 2011/95/EU of the European Parliament and of the Council32 and with Regulation XXX/XXX establishing a Union Resettlement Framework and Regulation (EU) No […/…], this Regulation includes in its scope applicants for subsidiary protection and persons eligible for subsidiary protection in its scope , as well as persons granted international protection on the basis of resettlement under Regulation XXX/XXX. _________________ 32 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 104 #
2016/0132(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) It is also necessary to require the Member States promptly to take and transmit the fingerprintbiometric data of every applicant for international protection, of every third-country national or stateless person for whom they intend to conduct a resettlement procedure under Regulation XXX/XXX and of every third-country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a Member State or is found to be staying illegally in a Member State , if they are at least six years of age.
Amendment 109 #
2016/0132(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In view oforder to protect and identify children who are the victims of human trafficking, who have gone missing or who have been kidnapped, and with a view to strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families, it is also necessary to take fingerprints and a facial image for storage in the Central System to help establish the identity of a child and assist a Member State to trace any family or links they may have with another Member State. Establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually, the determination of a durable solution.
Amendment 120 #
2016/0132(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should refer toabide by the Commission'’s Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 ,– annexed hereto – which sets out a best practice approach to taking fingerprints of irregular third-country nationals. Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third-country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law. _________________ 34 COM(2015) 150 final, 27.5.2015 COM(2015) 150 final, 27.5.2015
Amendment 127 #
2016/0132(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The data on third country nationals and stateless persons resettled in a Member State by virtue of Regulation XXX/XXX should be kept for a period of 10 years. This is the period already applicable in the case of other applicants and beneficiaries of international protection.
Amendment 135 #
2016/0132(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) It is necessary to lay down clearly the respective responsibilities of the Commission and eu-LISA , in respect of the Central System and, the Communication Infrastructure and interoperability with other information systems, and of the Member States, as regards data processing, data security, access to, and correction of recorded data.
Amendment 140 #
2016/0132(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Transfers of personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System to any third country or international organisation or private entity established in or outside the Union should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection and third-country nationals and stateless persons for whom Member States intend to conduct a resettlement procedure under Regulation XXX/XXX from having their data disclosed to a third country. This implies that Member States should not transfer information obtained from the Central System concerning: the name(s); date of birth; nationality; the Member State(s) of origin or Member State of allocation or the Member State of resettlement; the details of the identity or travel document; ; the place and date of application for international protection or resettlement; the reference number used by the Member State of origin; the date on which the fingerprints were taken as well as the date on which the Member State(s) transmitted the data to Eurodac; the operator user ID; and any information relating to any transfer of the data subject under [Regulation (EU) No 604/2013]. That prohibition should be without prejudice to the right of Member States to transfer such data to third countries to which [Regulation (EU) No 604/2013] applies [ in accordance with Regulation (EU) No […/2016]respectively with the national rules adopted pursuant to Directive [2016/…/EU] ], in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation.
Amendment 143 #
2016/0132(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) It is appropriate to restrict the territorial scope of this Regulation so as to align it on the territorial scope of Regulation (EU) No […/…] , without prejudice to the provisions relating to the application of Regulation XXX/XXX;
Amendment 144 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) facilitate the implementation of Regulation XXX/XXX in accordance with the relevant provisions of that Regulation.
Amendment 160 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point nouveau c a (new)
Article 1 – paragraph 1 – point nouveau c a (new)
(ca) protect and identify children who are the victims of human trafficking or abuse, who have gone missing or have been kidnapped, and to establish children's identity and help Member States locate their family members or identify links that they may have with Member States in the best interests of such children.
Amendment 170 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States are obliged to take the fingerprints and facial image of persons referred to in Articles 10(1), 12(a), 13(1) and 14(1) for the purposes of Article 1(1)(a) and (b) of this Regulation and shall impose on the data-subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with Article 30 of this Regulation and in accordance with the provisions and guarantees laid down in the Annex to this Regulation.
Amendment 178 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and, child- sensitive and gender-sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed orally, in a language he/she understands, in an age- appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.
Amendment 195 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. The taking of fingerprints or a facial image shall be performed with full respect for human dignity. The procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the Member State concerned an, follow the common approach set out in Annex 1a to this Regulation and be conducted in accordance with the safeguards laid down in the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child.
Amendment 196 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) 'third-country national or stateless person for whom a Member State intends to conduct a resettlement procedure' means a third-country national or stateless person in respect of whom a Member State has initiated a resettlement procedure under Article 10(2) of Regulation XXX/XXX
Amendment 197 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i a (new)
Article 3 – paragraph 1 – point b – point i a (new)
(ia) in relation to a person covered by Article 12a, the Member State which transmits the personal data to the Central System and receives the results of the comparison;
Amendment 203 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) 'Eurodac data' means all data stored in the Central System in accordance with Article 12, Article 12a, Article 13(2) and Article 14(2) ;
Amendment 211 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point o a (new)
Article 3 – paragraph 1 – point o a (new)
(oa) 'stateless person' means a person who is not considered to be a national of any state under the operation of its law.
Amendment 217 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes, in accordance with the provisions of Regulation (EU)2016/679, in the following circumstances:
Amendment 219 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be rendered anonymous in such a way that the data-subject is no longer identifiable. Eu- Lisa shall ensure that the relevant guarantees are provided in respect of the accessing of data by external contractors, in accordance with the provisions of Articles 24 and 28 of Regulation (EU) 2016/679.
Amendment 222 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point c a (new)
Article 5 – paragraph 3 – point c a (new)
(ca) interoperability with other information systems.
Amendment 237 #
2016/0132(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the number of data sets transmitted on persons referred to in Articles 10(1), 12a, 13(1) and 14(1);
Amendment 272 #
2016/0132(COD)
Proposal for a regulation
Chapter 2 a (new)
Chapter 2 a (new)
Amendment 285 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point i a (new)
Article 13 – paragraph 2 – point i a (new)
(ia) return decision taken, or removal order issued, by the Member State of origin;
Amendment 299 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point i a (new)
Article 14 – paragraph 2 – point i a (new)
(ia) return decision taken, or removal order issued, by the Member State of origin;
Amendment 300 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States may waive the obligations laid down in paragraphs 1 and 2 of this Article in respect of illegally residing third-country nationals who entered by legally crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.
Amendment 304 #
2016/0132(COD)
Proposal for a regulation
Chapter 5 – title
Chapter 5 – title
PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION, THIRD-COUNTRY NATIONALS AND STATELESS PERSONS FOR WHOM A MEMBER STATE INTENDS TO CONDUCT A RESETTLEMENT PROCEDURE AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE
Amendment 310 #
2016/0132(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Fingerprint and facial image data transmitted by any Member State, with the exception of those transmitted in accordance with Article 11(b) and (c) , shall be compared automatically with the fingerprint data transmitted by other Member States and already stored in the Central System in accordance with Articles 10(1), 12a, 13(1) and 14(1) .
Amendment 314 #
2016/0132(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4) . Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) (3a) and (4) . Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.
Amendment 323 #
2016/0132(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
(3) Facial image data and data relating to the sex of the data-subject may be compared automatically with the facial image data and personal data relating to the sex of the data-subject transmitted by other Member States and already stored in the Central System in accordance with Articles 10(1), 12a, 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c).
Amendment 327 #
2016/0132(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
(5) The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 17(1) and (4). Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.
Amendment 332 #
2016/0132(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. For the purposes of Article 12a, each set of data concerning a person for whom a Member State intends to conduct a resettlement procedure shall be kept in the Central System for 10 years starting from the date on which the fingerprints were taken in the case of a positive decision on the resettlement of the person concerned.
Amendment 333 #
2016/0132(COD)
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1b. In the event of non-completion of a resettlement procedure, Member States shall delete from Eurodac the data they have registered in accordance with Article 10(2) of Regulation XXX/XXX.
Amendment 348 #
2016/0132(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) and (1a), (2) or (3) shall be erased from the Central System in accordance with Article 28(4) as soon as the Member State of origin becomes aware that the person concerned has acquired such citizenship.
Amendment 351 #
2016/0132(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Central System shall, as soon as possible and no later than after 72 hours, inform all Member States of origin of the erasure of data in accordance with paragraph 1 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Articles 10(1), 12a, 13(1) or 14(1) .
Amendment 358 #
2016/0132(COD)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. For the purposes laid down in Article 1(1)(a), the Member State of origin which issued a positive resettlement decision in respect of a third-country national or stateless person by virtue of Regulation XXX/XXX whose data were previously recorded in the Central System pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1a) for the purpose of transmission under Articles 15 and 16. The Central System shall, as soon as possible and no later than 72- hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 12a. Those Member States of origin shall also mark the corresponding data sets.
Amendment 359 #
2016/0132(COD)
Proposal for a regulation
Article 19 – paragraph 3 b (new)
Article 19 – paragraph 3 b (new)
Amendment 360 #
2016/0132(COD)
Proposal for a regulation
Article 19 – paragraph 3 c (new)
Article 19 – paragraph 3 c (new)
Amendment 361 #
2016/0132(COD)
Proposal for a regulation
Article 19 – paragraph 3 d (new)
Article 19 – paragraph 3 d (new)
3d. The Member State of origin shall unmark or unblock data concerning a third-country national or stateless person whose data were previously marked or blocked in accordance with paragraphs 3a or 4 of this Article if his or her status is revoked or ended or the renewal of his or her status is refused under [Articles 14 or 19 of Directive 2011/95/EU].
Amendment 370 #
2016/0132(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where all the conditions for requesting a comparison referred to in Articles 21 or 22 are fulfilled, the verifying authority shall transmit the request for comparison to the National Access Point which will process it to the Central System in accordance with Articles 15 and 16 for the purpose of comparison with the fingerprint and facial image data transmitted to the Central System pursuant to Articles 10(1), 12a, 13 (1) and 14(1) .
Amendment 384 #
2016/0132(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) fingerprint data and the other data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) are lawfully transmitted to the Central System;
Amendment 388 #
2016/0132(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall transmit the data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) electronically. The data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) shall be automatically recorded in the Central System. As far as necessary for the efficient operation of the Central System, eu-LISA shall establish the technical requirements to ensure that data can be properly electronically transmitted from the Member States to the Central System and vice versa.
Amendment 389 #
2016/0132(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The reference number referred to in Articles 12(i), 12a, 13(2)(i), 14 (2)(i) and 20(1) shall make it possible to relate data unambiguously to one particular person and to the Member State which is transmitting the data. In addition, it shall make it possible to tell whether such data relate to a person referred to in Articles 10(1), 12a, 13(1) or 14(1).
Amendment 391 #
2016/0132(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The reference number shall begin with the identification letter or letters by which the Member State transmitting the data is identified. The identification letter or letters shall be followed by the identification of the category of person or request. "1” refers to data relating to persons referred to in Article 10(1), "2" to persons referred to in Article 13(1), "3” to persons referred to in Article 14(1), "4" to requests referred to in Article 21, "5" to requests referred to in Article 22 and "9" to requests referred to in Article 30, and “6” to persons referred to in Article 12a.
Amendment 397 #
2016/0132(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The result of the comparison of fingerprint data carried out pursuant to Article 15 shall be immediately checked in the receiving Member State by a fingerprint expert as defined in accordance with its national rules, specifically trained in the types of fingerprint comparisons provided for in this Regulation. For the purposes laid down in Article 1(1)(a) (aa) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 400 #
2016/0132(COD)
The result of the comparison of facial image data carried out pursuant to Article 16 shall be immediately checked and verified in the receiving Member State. For the purposes laid down in Article 1(1)(a), (aa) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 401 #
2016/0132(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The authorities of Member States which, pursuant to paragraph 1 of this Article, have access to data recorded in the Central System shall be those designated by each Member State for the purposes laid down in Article 1(1)(a), (aa) and (b). That designation shall specify the exact unit responsible for carrying out tasks related to the application of this Regulation. Each Member State shall without delay communicate to the Commission and eu- LISA a list of those units and any amendments thereto. eu-LISA shall publish the consolidated list in the Official Journal of the European Union. Where there are amendments thereto, eu-LISA shall publish once a year an updated consolidated list online.
Amendment 403 #
2016/0132(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. For the purposes laid down in Article 1(1)(a), (aa) and (b), each Member State shall take the necessary measures in order to achieve the objectives set out in paragraphs 1 and 2 of this Article in relation to its national system. In addition, each Member State shall keep records of the staff duly authorised to enter or retrieve the data.
Amendment 404 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. A person covered by Articles 10(1), 12a, Article 13(1) or Article 14(1) shall be informed by the Member State of origin in writing, and where necessary, orally, in a language that he or she understands or is reasonably supposed to understand in a concise, transparent, intelligible and easily accessible form, using clear and plain language , of the following:
Amendment 406 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the purpose for which his or her data will be processed in Eurodac, including a description of the aims of Regulation (EU) No […/…] , in accordance with Article 6 thereof and, where applicable, of the aims of Regulation XXX/XXX and an explanation in intelligible form of the fact that Eurodac may be accessed by the Member States and Europol for law enforcement purposes;
Amendment 409 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
(d) in relation to a person covered by Articles 10(1) or, 12a, 13(1) or 14(1) , the obligation to have his or her fingerprints taken;
Amendment 414 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
In relation to a person covered by Articles 10(1) or, 12a, 13(1) and 14(1) , the information referred to in paragraph 1 of this Article shall be provided at the time when his or her fingerprints are taken.
Amendment 417 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Where a person covered by Article 10(1), 12a, Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner.
Amendment 421 #
2016/0132(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. For the purposes laid down in Article 1(1)(a), (aa) and (b) of this Regulation, the data subject's rights of access, rectification and erasure shall be exercised in accordance ,with Chapter III of Regulation (EU) No. […/2016] and applied as set out in this Article .
Amendment 423 #
2016/0132(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. each Member State shall provide that The supervisory authority or authorities of each Member State designated pursuant to Article 41 of Directive referred to in Article [46(1)] of Regulation (EU) […/2016] shall monitor the lawfulness of the processing of personal data by the Member State in question for the purposes laid out in Article 1(1)(a), (aa) and (b) , including their transmission to the Central System.
Amendment 427 #
2016/0132(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. This prohibition shall also apply if those data are further processed at national level or between Member States within the meaning of [Article […] of Directive [(EU) 2016/../EU] ] and Regulation 2016/679.
Amendment 434 #
2016/0132(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1) or Article 12a, particularly where that country is also the applicant's country of origin.
Amendment 445 #
2016/0132(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. Ultimate responsibility for the processing of personal data shall lie with the Member States, which are considered to be ‘controllers’ within the meaning of Regulation (EU) 2016/679.
Amendment 447 #
2016/0132(COD)
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. eu-LISA shall establish a secure communication channel between the EES Central System and the Eurodac Central System to enable interoperability between them. The two systems need to be connected in order for the biometric data of a third-country national registered in the EES to be transferred to Eurodac where registration of that biometric data is laid down in this Regulation.
Amendment 450 #
2016/0132(COD)
4a. In 2020 at the latest, eu-LISA shall conduct a study to ascertain whether the combinations of biometric identifiers in the EU’s various databases need to be harmonised and whether Eurodac should limit its identification data to four fingerprints and a facial image, like the entry/exit system provided for in Regulation (EU) .../... of the European Parliament and of the Council.
Amendment 453 #
2016/0132(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
The provisions of this Regulation shall not be applicable to any territory to which [Regulation (EU) No 604/2013 does not apply], without prejudice to the provisions of Regulation XXX/XXX.
Amendment 455 #
2016/0132(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 42 #
2016/0107(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Transparency is essential for ensuring the well-functioning of the Single Market. In recent years, the challenge posed by corporate income tax avoidance has increased considerably and has become a major focus of concern within the Union and globally. The European Council in its conclusions of 18 December 2014 acknowledged the urgent need to advance efforts in the fight against tax avoidance both at global and Union level. The Commission in its communications entitled ‘Commission Work Programme 2016 - No time for business as usual’16 and ‘Commission Work Programme 2015 - A New Start’17 identified as a priority the need to move to a system whereby the country in which profits are generated is also the country of taxation. The Commission also identified as a priority the need to respond to oEur soopean cietiezens’ call for fairness and tax transparency. transparency and therefore act as a reference model for other countries. It is essential that transparency take into account reciprocity with competitors. __________________ 16 COM(2015) 610 final of 27 October 2015. 17 COM(2014) 910 final of 16 December 2014.
Amendment 49 #
2016/0107(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The European Parliament in its resolution of 16 December 2015 on bringing transparency, coordination and convergence to corporate tax policies in the Union18 acknowledged that increased transparency in the area of corporate taxation can improve tax collection, make the work of tax authorities more efficient and, ensure increased public trust and confidence in tax systems and governments and improve investment decision-making based on more accurate risk profiles of companies. __________________ 18 2015/2010(INL)
Amendment 73 #
2016/0107(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Enhanced transparency and public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the Union is an essential element to further foster corporate responsibility, to contribute to the welfare through taxes, to promote fairer tax competition within the Union through a better informed public debate and to restore public trust in the fairness of the national tax systems. Such public scrutiny can be achieved by means of a report on income tax information, irrespective of where the ultimate parent undertaking of the multinational group is established.
Amendment 99 #
2016/0107(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that cases of non- compliance are disclosed to the public, statutory auditor(s) or audit firm(s) should check whether the report on income tax information has been submitted and presented in accordance with the requirements of this Directive and made accessible on the relevant undertaking’s website or on the website of an affiliated undertaking. Cases of infringements by undertakings and branches to the reporting on income tax information, giving rise to penalties by Member States, in conformity with Article 51 of Directive 2013/34/EU, should be reported in a public registry managed by the European Commission.
Amendment 125 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2
The report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the website of the undertaking on the date of its publication in at least one of the official languages of the Union. On the same date, the undertaking shall also file the report in a public registry managed by the European Commission.
Amendment 143 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 2
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 2
The report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the date of its publication on the website of the subsidiary undertaking or on the website of an affiliated undertaking in at least one of the official languages of the Union. On the same date, the undertaking shall also file the report in a public registry managed by the European Commission.
Amendment 150 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 2
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 2
The report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the date of its publication on the website of the branch or on the website of an affiliated undertaking in at least one of the official languages of the Union. On the same date, the undertaking shall also file the report in a public registry managed by the European Commission.
Amendment 171 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point a
Chapter 10 a – Article 48 c – paragraph 2 – point a
(a) names of undertakings, a brief description of the nature of the activities and geographical location;
Amendment 184 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b c (new)
Chapter 10 a – Article 48 c – paragraph 2 – point b c (new)
(bc) value of tangible assets other than cash or cash equivalents, and annual cost of maintaining those assets;
Amendment 194 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point f
Chapter 10 a – Article 48 c – paragraph 2 – point f
(f) the amount of income tax paid which is the amount of income tax paid during the relevant financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction; and
Amendment 195 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point f a (new)
Chapter 10 a – Article 48 c – paragraph 2 – point f a (new)
(fa) stated capital;
Amendment 234 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 5
Chapter 10 a – Article 48 c – paragraph 5
5. The report on income tax information shall be published in a common template available in an open data format and made accessible on the website in at least one of the official languages of the Union. On the same date, the undertaking shall also file the report in a public registry managed by the European Commission.
Amendment 265 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 i a (new)
Chapter 10 a – Article 48 i a (new)
Article 48ia Common template for the report The Commission shall, by means of implementing acts, lay down the common template to which Article 48b(1), (3), (4) and (6) and Article 48c(5) refer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 50(2).
Amendment 268 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2013/34/EU
Article 51 – paragraph 1
Article 51 – paragraph 1
Amendment 166 #
2016/0106(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In its communication of 6 April 2016 on 'Stronger and Smarter Information Systems for Borders and Security', the Commission presented a process aimed at achieving the interoperability of information systems in order to improve structurally the Union's data management architecture for border control and security.
Amendment 169 #
2016/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use, use and interoperability with other information systems and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and the protection of personal data.
Amendment 171 #
2016/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and, the protection of personal data and the right to privacy.
Amendment 178 #
2016/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to third country nationals admitted for a short stay to the Schengen area or, ultimately, for a stay on the basis of a touring visa. It should also apply to third country nationals whose entry for a short stay has been refused.
Amendment 183 #
2016/0106(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 184 #
2016/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The EES should have the objective of improving the management of external borders, pcrevenating irregular immigration and facilitating the management of migration flows. The EES should, in particular and when relevant, contribute to tha system which will calculate the authorised period of stay of each traveller, reducing waiting times during checks at borders and improving the quality of those checks for third country nationals, ensuring systematic and reliable identification of any persons who does not or no longer fulfils the conditions of duration of stay withhave overstayed, improving European policy on visa liberalisation by means of the analysis of statistics produced by the EES, increasing internal security and fighting the territory of the Member States. errorism and serious crime, providing an aid to the reliable identification of persons and supplying a travel history.
Amendment 202 #
2016/0106(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The EES should consist of a Central System, which will operate a computerised central database of biometric and alphanumeric data, a National Uniform Interface in each Member State, a Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System and between the EES Central System and the ETIAS Central System and the Communication Infrastructure between the Central System and the National Uniform Interfaces. Each Member State should connect its national border infrastructures to the National Uniform Interface. Member States’ national border infrastructures include as a minimum the Schengen Information System, Interpol’s SLTD database, Europol databases and the national databases of law enforcement authorities.
Amendment 210 #
2016/0106(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Interoperability should be established between the EES and Eurodac by way of a direct communication channel between the Central Systems to allow the automatic transfer from the EES to Eurodac, in accordance with Article 11a, of the data of persons having exceeded the authorised period of stay.
Amendment 212 #
2016/0106(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 213 #
2016/0106(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Interoperability should be ensured between the EES and the ETIAS information system by means of a direct communication channel between the central systems to enable border authorities using the EES to consult the ETIAS Central System, for the sole purpose of verifying that a visa-exempt third country national has valid travel authorisation as provided for in Regulation (EU) 2017/XXX establishing a European travel information and authorisation system. Interoperability should also enable the ETIAS Central System to access EES data for the purpose of checking, in accordance with Article 18(g) and (h) of Regulation (EU) 2017/XXX, whether a person requesting authorisation to travel is not, and has not been, reported as an overstayer or whether the person has been denied permission to enter the Schengen area.
Amendment 228 #
2016/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES may be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime, and the history of the travel concerned. Therefore, the data in the EES should be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p. 6). 24 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1)
Amendment 233 #
2016/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should, as for the VIS and SIS, also have direct access to the EES within the framework of its tasks and in accordance with Council Decision 2009/371/JHA25. _________________ 25 Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
Amendment 384 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the connection of the Central System to the national border infrastructures in Member States; Member States’ national border infrastructures shall include as a minimum the Schengen Information System, Interpol’s SLTD database and Europol databases and the national databases of law enforcement authorities;
Amendment 385 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) a Secure Communication Channel between the EES Central System and the Eurodac Central System;
Amendment 386 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) a Secure Communication Channel between the EES Central System and the ETIAS Central System;
Amendment 390 #
2016/0106(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Interoperability with Eurodac 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and the Eurodac Central System to enable interoperability between the EES and Eurodac. 2. In accordance with Article 11a, the interoperability requirement shall enable the automated transfer to the Eurodac system of a list generated by the EES and containing the data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay.
Amendment 391 #
2016/0106(COD)
Article 7b Interoperability with ETIAS. 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and the ETIAS Central System to enable interoperability between the EES and ETIAS. Direct consultation between the systems shall only be possible if both this Regulation and Regulation (EU) 2017/XXX (ETIAS) provide for it. 2. The interoperability requirement shall enable border authorities using the EES to consult the ETIAS Central System, in accordance with Article 41 of Regulation (EU) 2017/XXX (ETIAS), for the sole purpose of verifying that a visa exempt third country national has valid travel authorisation as provided for in Regulation 2017/XXX establishing a European travel information and authorisation system.
Amendment 405 #
2016/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) inform the competent authorities of the authorised length of stay on entry and whether the number of authorised entries of the single or doubmultiple entry visas have been previously used;
Amendment 419 #
2016/0106(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. In accordance with Article 31, Member States shall be automatically informed three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 421 #
2016/0106(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Automated transfer of data to Eurodac A list generated by the EES on the basis of information retrieved by the mechanism provided for in Article 11, and containing the data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay, shall be automatically forwarded to the Eurodac Central System.
Amendment 493 #
2016/0106(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
For the sole purpose of identifying any third country national who may have been registered previously in the EES or Eurodac under a different identity or who does not or no longer fulfils the conditions for entry to, for stay or for residence on the territory of the Member States, the competent authorities for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 or within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled shall have access to search with the biometric data of that third country national referred to in Articles 14(1)(f) and 15(1).
Amendment 498 #
2016/0106(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Access to data for the purpose of determining the Member State responsible for an asylum application For the sole purpose of determining the Member State responsible for a request for international protection, the competent authority as referred to in Article 35(1) of Regulation (EU) No 604/2013 shall be authorised to make searches in the EES with the aid of the data of that third country national referred to in Article 14(1) and Article 15(1)(a), (b) and (c). If the search performed with the aid of the data referred to in paragraph 1 indicates that the data of that third country national are recorded in the EES, the competent authority of the Member State concerned as referred to in Article 35(1) of Regulation (EU) No 604/2013 shall be authorised to access the data referred to in Article 14(1) and (2)(a) and (b) and Article 15(1)(a), (b) and (c) solely for the purposes referred to in paragraph 1.
Amendment 535 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 2
Article 29 – paragraph 2 – point b – paragraph 2
However, that prior search does not have to be conducted where there are reasonable grounds to believe that a comparison with the systems of the other Member States would not lead to the verification of the identity of the data subject or in exceptionally urgent cases where it is necessary to avert an imminent danger arising from a terrorist offence or other serious criminal offence. Those reasonable grounds shall be included in the electronic request for comparison with EES data sent by the designated authority to the central access point(s).
Amendment 555 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Access to the EES as a criminal identification tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the consultation, as a matter of priority, of the data stored in the databases which can technically and legally be accessed by Europol has not made it possible to verify the identity of the person concerned. Since fingerprint data of visa-holding third country nationals are only stored in the VIS, a request for consultation of the VIS on the same data subject may be submitted in parallel to a request for consultation of the EES in accordance with the conditions laid down in Decision 2008/633/JHA provided that the consultation, as a matter of priority, of the data stored in the databases which can technically and legally be accessed by Europol has not made it possible to verify the identity of the person concerned.
Amendment 556 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The conditions laid down in Article 29 (23) to (5) shall apply accordingly.
Amendment 573 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of five years following the last day of the authorised stay. TIn accordance with the information mechanism provided for in Article 11, the EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 581 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. By way of derogation to paragraphs (2) and (3), the entry/exit record(s) generated by third country nationals in their condition of family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, shall be stored in the EES for a maximum of one year after the last exit record. If there is no exit record, the data shall be stored for five years from the date of the last entry record.
Amendment 587 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Upon expiry of the retention period referred to in paragraphs 1, 2, 3 and 24 such data shall automatically be erased from the Central System
Amendment 607 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
eu-LISA shall be responsible for the development of the Central System, the National Uniform Interfaces, the Communication Infrastructure and the Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System. It shall also be responsible for the development of the web service referred to in Article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in Article 61(2).
Amendment 610 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System and, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System, as well as the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the VIS deriving from the establishment of interoperability with the EES as well as from the implementation of the amendments to Regulation (EC) No 767/2008 referred to in Article 55.
Amendment 611 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System, and the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the VIS deriving from the establishment of interoperability with the EES as well as from the implementation of the amendments to Regulation (EC) No 767/2008 referred to in Article 55.
Amendment 7 #
2016/0010(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) In recent years, the challenge posed by tax fraud, tax avoidance and tax evasion has increased considerably and has become a major focus of concern within the Union and at global level. The automatic exchange of information constitutes an important tool in this regard and the Commission in its Communication of 6 December 2012 containing an Action plan to strengthen the fight against tax fraud and tax evasion highlighted the need to promote vigorously the automatic exchange of information as the future European and international standard for transparency and exchange of information in tax matters. The European Council in its conclusions of 22 May 2013 requested the extension of automatic information exchange at Union and global levels with a view to combatting tax fraud, tax evasion and aggressive tax planning.
Amendment 14 #
2016/0010(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) As Multi National Enterprise (MNE) Groups are active in different countries, they have the possibility of engaging in aggressive tax planning practices that are not available for domestic companies. When MNEs do so, purely domestic companies, normusually small and medium- sized enterprises (SMEs) may be particularly affected as their tax burden is higher than that of MNE Groups. That in turn causes distortion of competition to the detriment of SMEs. On the other hand, all Member States may suffer revenue losses and there is the risk of unfair competition to attract MNE Groups by offering them further tax benefits. There is therefore a problem for the properSuch a race to the bottom hampers the proper functioning of the Internal Market. According to Article 3 of the Treaty on the Functioning of the European Union (TFEU), it is the Commission's role to establish the competition rules necessary for the functioning of the Iinternal Mmarket.
Amendment 19 #
2016/0010(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) Union tax authorities need comprehensive and relevant information on MNE Groups regarding their structure, transfer pricing policy and internal transactions in and outside the EU. That information will enable the tax authorities to react to harmful tax practices through changes in the legislation or adequate risk assessments and tax audits, and to identify whether companies have engaged in practices that have the effect of artificially shifting substantial amounts of income into tax-advantaged environments, thus reducing the tax base of other countries.
Amendment 36 #
2016/0010(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) In the country-by-country report, MNEs Groups should provide annually and for each tax jurisdiction in which they do business the amount of revenuewhich exceed two of three thresholds, namely, a turnover of EUR 40 million, total assets of EUR 20 million and 250 employees, should provide annually and for each tax jurisdiction (including jurisdictions in and outside the Union) in which they have an activity, the name of the company concerned, nature of activities and geographical location; the amount of revenue, the amount of public subsidies received, profit before income tax and income tax paid and accrued. MNE Groups should also report number of their employees, stated capital, retained earnings and tangible assets in each tax jurisdiction. Finally, MNE Groups should identify each entity within the group doing business in a particular tax jurisdiction and should provide an indication of the nature of the business activities each entity engages in.
Amendment 44 #
2016/0010(CNS)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to properly monitor the country-by-country reporting obligation and ensure that the internal market is not distorted, Member States should communicate the country-by-country report to the Commission on a confidential basis. The Commission should take all appropriate measures to protect that sensitive information.
Amendment 51 #
2016/0010(CNS)
Proposal for a directive
Recital 11
Recital 11
(11) As regards exchange of information between Member States, Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC already provides for the mandatory automatic exchange of information in a number of fields. Its scope should be enlarged to provide for the mandatory automatic exchange of country- by-country reports between Member States, and with the Commission, on a confidential basis.
Amendment 58 #
2016/0010(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) The mandatory automatic exchange of country-by-country reports between Member States should in each case include the communication of a defined set of basic information thatwhich should be based on uniform definitions and which would be accessible to those Member States in which, on the basis of the information in the country-by- country report, one or more entities of the MNE Group are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment of an MNE Group.
Amendment 93 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 2
Article 8aa – paragraph 2
2. The competent authority of a Member State where the Country-by-Country Report was received pursuant to paragraph 1 shall, by means of automatic exchange, as soon as possible and at the latest within one month of reception, communicate the report to any other Member State in which, on the basis of the information in the country-by-country report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment within the deadline laid down in paragraph 4.
Amendment 119 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/16/EU
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Member States shall communicate to the Commission a yearly assessment of the effectiveness of the automatic exchange of information referred to in Article 8, Article 8a and 8aa as well as the practical results achieved. The Commission shall then submit an annual consolidated report, based on the information received, to the European Parliament and to the Council. The Commission shall, by means of implementing acts, adopt the form and the conditions of communication of that yearly assessment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).
Amendment 121 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/16/EU
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. The Commission shall, on the basis of the information received, report on an annual basis to the European Parliament and to the Council on the outcome and output of the reporting procedure.
Amendment 122 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/16/EU
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. In the event that the Commission's impact assessment on the economic consequences of the public disclosure of the country-by-country reporting information does not identify a significant negative impact, including on global competitiveness and investment, the Commission shall consider making an appropriate legislative proposal for the amendment of this Directive to make that information available to the public.
Amendment 132 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2011/16/EU
Article 27 a (new)
Article 27 a (new)
(7a) The following Article is inserted: “Article 27a Review The Commission shall review the effectiveness of this Directive within three years after its entry into force.”
Amendment 2 #
2015/2340(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. Whereas illegal migration flows increase the risks of trafficking since irregular migrants - by virtue of their vulnerability and clandestinity - are particularly at risk of being trafficked; whereas, among these migrants, unaccompanied minors - who account for a large share of the migrants arriving in Europe - are a target group for trafficking networks; whereas, according to Europol, 10 000 of them have already disappeared;
Amendment 3 #
2015/2340(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. Whereas, according to Europol, the spread of internet access throughout the world allows trafficking to flourish more in the online environment; whereas this brings new forms of recruitment and exploitation of victims;
Amendment 4 #
2015/2340(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. Whereas there is a link between the trafficking in migrants and trafficking in human beings; whereas people-trafficking networks rely, inter alia, on the internet to advertise their services to potential migrants;
Amendment 5 #
2015/2340(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. Whereas cooperation between Member States, Europol and the countries of origin and transit of trafficking victims is an essential tool in the fight against trafficking networks;
Amendment 14 #
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 investigation and prosecution of trafficking in human beings (THB)particular the countries of origin and transit of the victims of trafficking in human beings (THB), in the investigation and prosecution of 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; stresses the importance of the systematic exchange of data by Member States and their input into Europol's databases Focal Point Phoenix and Focal Point Twins;
Amendment 25 #
2015/2340(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that trafficking victims from third countries must be detected at the earliest possible stage in the network and that greater efforts must therefore be made at the borders to detect victims as they enter the EU; Urges the Commission and the Member States to ensure that law enforcement personnel, including agencies such as Frontex, are provided with adequate training in THB, with an emphasis on the special needs of trafficked women, children and other vulnerable groups and on how to provide incentives and adequate protection for victims of THB and for others to report traffickers; emphasises in this regard the importance of exchanges of best practices between the authorities of Member States in particular regarding the conduct of interviews at borders in the context of both legal migration (customs officers) and irregular migration (hotspots in particular); stresses also the need for border guards and coastguards to have access to Europol's databases;
Amendment 35 #
2015/2340(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to assess the need to review the mandate of the future European Public Prosecutor’s Office to include powers, once established, to tackle human trafficking;
Amendment 59 #
2015/2340(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes the view that trafficking victims have an essential role to play as witnesses in dismantling networks; stresses the importance of ensuring the effective protection of victims so that they can testify safely;
Amendment 68 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that before concluding a visa liberalization agreement, the Commission assesses the risks posed by the third country concerned particularly with regard to illegal immigration; emphasises that the trafficking networks may also use legal channels for migration; asks the Commission therefore to include the effective cooperation of the relevant third countries with regard to trafficking among the criteria to be met for any visa liberalization agreement;
Amendment 77 #
2015/2340(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to evaluate the use of internet in the context of human trafficking, particularly as regards online sexual exploitation; requests that the fight against online trafficking be enhanced by Europol within the framework of the EU IRU (Internet Referral Unit) to detect, report and remove online material on trafficking;
Amendment 78 #
2015/2340(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Asks the Commission to adjust its cooperation with third countries to the new development of trafficking via the Internet; calls on the Commission and Europol to consider the possibilities of cooperation between the European anti- cybercrime bodies (especially in the framework of Europol) and those of third countries; requests also the Commission to consider all useful means of cooperation with Internet service providers to detect and combat trafficking-related online content; requests the Commission to keep Parliament duly informed;
Amendment 86 #
2015/2340(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Stresses that forced marriage can be seen as a form of trafficking in human beings if it contains an element of exploitation of the victim, and calls on all Member States to include this dimension; stresses that exploitation may be sexual (marital rape, forced prostitution and pornography) or economic (domestic work and forced begging), and that the ultimate aim of trafficking can be forced marriage (selling a victim as a spouse or entering a marriage under duress); recalls the potential transnational character of forced marriage; calls therefore on Member States to ensure that the national authorities in charge of migration are adequately trained in the issue of forced marriage in the context of trafficking; calls on the Commission also to strengthen the exchange of best practices in this regard;
Amendment 87 #
2015/2340(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e Commends the work of Europol, in particular through the Focal Point Twins to detect people travelling to third countries in order to commit child abuse; calls on Member States to cooperate with Europol by ensuring a systematic and rapid exchange of data;
Amendment 65 #
2015/2221(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the establishment of the SSM, which has been successful since its creation both from an operational point of view and in terms of supervisory quality, and considers it a remarkable achievement, taking into account the complexity of the project and the very short time frame available; calls for this high-quality work to continue;
Amendment 140 #
2015/2221(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the worldwide drive towards more and better quality bank capital is a necessary condition for a sound banking system capable of supporting the economy and for avoiding any repeat of the enormoussignificant bailouts witnessed during the crisis; underlines however that the development of regulatory, supervisory and other financial sector policies at global level (FSB, BCBS, etc.) must have defined aims, and must not be used as a guise to enable unfair competition, nor to negatively target a particular funding model used in one part of the world;
Amendment 163 #
2015/2221(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the development of a common methodology for the 2015 round of the Supervisory Review and Evaluation Process (SREP); takes note that, partly as a consequence of the swift start of the SSM, many aspects of this methodology were finalised while the SREP cycle was already underway, and considers that in order to improve robustness of results and consistency between banks’ risk profiles and capital levels, the process leading to the approval of the common risk assessment may benefit from further refinement; welcomes the SSM's willingness to work on banks' governance and in particular on risk management, risk appetite and cyber risk;
Amendment 169 #
2015/2221(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the homogenisation of supervisory practices and standards within the euro area is a key objective for the SSM in order to ensure a true level playing field; in this respect, welcomes the agreement on a single implementation of national options and discretion for the euro area; considers that such a single implementation requires a gradual approach and should aim to address all existing barriers and segmentations; stands ready to cooperate at the legislative level to further improve regulatory and supervisory harmonisation; urges the Commission to use regulations, applicable directly and to all throughout the EU, as the legislative tool to ensure harmonised implementation across the EU and the Banking Union rather than directives;
Amendment 214 #
2015/2221(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the efficient and open way in which the ECB has so far fulfilled its accountability obligations towards Parliament and calls upon the ECB to continue to fully engage in this regard and to further contribute to improving Parliament’s capacity to assess SSM policies and activities; views favourably the willingness of the ECB President to further cooperate with the European Parliament regarding the ECB's role in banking matters in the framework of global standards setting bodies, in particular the Financial Stability Board; is aware that this would require a renewed effort from the ECON committee to follow these issues;
Amendment 223 #
2015/2221(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the credibility of the SSM on the international stage; considers it fundamental that the SSM is properly involved in the design of global regulatory standards, in particular the orientations negotiated within the Financial Stability Board and the Basel Committee on Banking Supervision;
Amendment 344 #
2015/2221(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Welcomes the Commission’s announcement regarding the presentation of a legislative proposal for the first steps towards a European Deposit Insurance Scheme (EDIS) by establishing a reinsurance mechanism at EU level for the national deposit guarantee schemes, considers it vital to agree on a scheme that would not create any distortion between the different banking models; in parallel it is essential to work to reduce risks, including those linked to sovereign debt and banks' governance;
Amendment 355 #
2015/2221(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Recalls that the role of the Commission is to guarantee a level playing field across the European Union and that it should avoid any fragmentation within the internal market;
Amendment 3 #
2015/2205(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the importance of publishing the CVs and the declarations of interest of board members, management staff, and external and in-house experts; underlines that transparency is key to mitigating risks of conflicts of interest; urges the agencies to establish clear rules forregarding the protection of whistle-blowers and against "revolving doors";
Amendment 2 #
2015/2195(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets the high cancellation (22 %) of committed appropriations carried over in 2014 due to delays in IT projects provided by external suppliers; puts into question the utility of these IT projects, asacknowledges the Agency's clarification that theirse delays had no operational impacts according to the Agency; requests a full report; requests that the Agency clarify the nature onf their scope and added value for Union citizen projects;
Amendment 2 #
2015/2195(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its deep concern about the high cancellation ratio (26 %) of committed appropriations carried over in 2014; urges the Agency to improve its budgetary planning and human resources management; welcomes, therefore, the Agency's acknowledgement of the need to improve its budgetary management; emphasizes the need to reduce budgetary carry-over of commitments in the future;
Amendment 5 #
2015/2195(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the Agency published in 2014 a new Code of Conduct, with guidelines on management and prevention of conflict of interest and "revolving doors"; asks the Management Board to publish declarations of interest instead of declarations of absence of conflict of interest, leaving the assessment to a third party and to detail policies and rules againstregarding conflict of interest;
Amendment 6 #
2015/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges the adoption of a policy on the prevention and management of conflict of interest and urges the Agency to publish this policy along with CVs and declarations of interest in order to provide the discharge authority with a track record of cases of conflict of interest identified and adopt clear rules onregarding whistle- blowers and against "revolving doors";
Amendment 5 #
2015/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Agency to adopt a policy and a practical guide on management and prevention of conflict of interest; urges the Agency to publish CVs and declarations of interest of its management board and experts and asks for the establishment of severeclear rules againstregarding "revolving doors"; reminds the Agency that it must adopt internal binding rules on whistle-blowers, according to Article 22c of the EU Staff Regulations.
Amendment 5 #
2015/2180(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the adoption of CEPOL’s policy on prevention and management of conflict of interests in November 2014. Notes the publication of the CVs and Declarations of Interest of the Director and Deputy Director on CEPOL’s website; urges CEPOL to publish the CVs and Declarations of Interests of its experts and management, a comprehensive organigram; asks for the adoption of a clear whistleblowing strategy and rules againstregarding "revolving doors".
Amendment 2 #
2015/2172(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets that Eurojust has not adopted a policy and a practical guide on management and prevention of conflict of interest; asks Eurojust to provide the discharge authority with a track record of cases of conflict of interest identified and to establish severe and clear rules againstregarding "revolving doors";
Amendment 4 #
2015/2166(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with concern from the Court of Auditors Report that the Agency carried over 75 % (EUR 5 848 956) of its annual operational expenditure from 2014 to 2015; acknowledges that the amounts carried over under title II mainly relate to the planned purchase of IT goods and services for which payments were only due in 2015, and the carry-overs under title III mainly reflect the multi-annual nature of the Agency’s operational projects, where payments are made according to planned schedules; urAcknowledges the Agency to eliminate the ineffective budget planning and implement's response regarding the nature of the carry-overs and the low level of cancellation bys in its staff and to adopt adequate and transparent recruitment proceduresbudget; urges the Agency to improve budgetary planning and implementation;
Amendment 7 #
2015/2166(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that under the new Staff Regulations as amended in 2004 remuneration of officials and other servants recruited before 1 May 2004 should not be less than the one under previous Staff Regulations; regrets that the Agency did not comply with this requirement in 10 cases; calls into question the capacity of the Agency to manage human resources;
Amendment 11 #
2015/2166(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern that the Agency did not adopt any internal binding rules for the protectNotes that the Agency applies the Commission of whistle-blowers, even though the Agency is obliged to do so according to Article 22c of the EU Staff Regulations and despite the recommendation made by Parliamenting guidelines following an Executive Board decision in 20152; urges, therefore, the Agency to adopt bindingnew rules on the protection of whistle-blowers and to provide the discharge authority with a track record of whistle-blowing cases handled in accordance with those rulein accordance with Article 22c of the EU Staff Regulations;
Amendment 14 #
2015/2166(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges that the Agency adopted in 2014 a practical guide on management and prevention of conflict of interest for its staff; asks the Agency to provide the discharge authority with a track record of cases of conflict of interest identified, to continue publishing the CVs and declarations of interest of its experts and staffManagement Board, experts and management team and to establish severe and clear rules againstregarding "revolving doors".
Amendment 5 #
2015/2162(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that EDPS did not make available full information about its policy on conflict of interest,; urges the EDPS to continue to publish CVs and Declarations of Interest for all members and staff; urges the Agency to take corrective measures andEDPS to lay down severe and clear rules againstregarding "revolving doors";
Amendment 1 #
2015/2154(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Finds it unacceptable that the financial supervisory and control systems examined were, for the 21st year in a row, only partially effective in ensuring the legality and regularity of payments underlyingNotes that the Court of Auditors has determined that the Union accounts for 2014 present a true and fair view of the Union's financial results for the year, thereby giving a clean opinion on the reliability of the accounts;
Amendment 4 #
2015/2154(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is concerned, however, that payments underlying the accounts are affected by an error rate above the materiality threshold; reminds therefore of the need for careful budgetary management and calls for further efforts to reduce the error rate;
Amendment 59 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that a cross-border taxation system is needed to create a true European Single Market and to prevent the tax avoidance practices used by several digital platforms, as highlighted by recent inquiries; calls on the Commission to provide a clear definition of R&D investments and of permanent establishment in order to restore the link between taxation and economic substance, thus taking into account the specificities of the digital economy; calls on the Commission to support extending the public country-by- country reporting regime on taxes for multinational companies to all sectors; asks the Commission to take into account the result of its consultation conducted on this subject and, at a minimum, the OECD anti BEPS project latest recommendations on CBCR when drafting its proposal;
Amendment 18 #
2015/2132(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the proposed increase for Frontex as it allows for the extension of the Triton and Poseidon operations; proposurges the creation of a separate budget line forCommission to closely monitor the allocation of funds to thoese Frontex joint operations to increase theirensure maximum transparency;
Amendment 23 #
2015/2132(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the budgetary impact of the measures presented as part of the European Agenda on Security, in particular with regard to Europol and its related tasks in the fields of anti-terrorism, organised crime and cybercrime, should be further explained and detailed by the Commission, specifically with regards to the net budgetary impact of the new counter- terrorism centre; underlines the need to ensure an appropriate budget and level of staffing for Europol for 2016, to allow it to effectively fulfil its tasks.
Amendment 16 #
2015/2106(INI)
Motion for a resolution
Recital B
Recital B
B. whereas profound changes have occurred, and are still on-going, in all financial sectors, including banking, insurance, securities markets, investment funds and financial market infrastructure;
Amendment 51 #
2015/2106(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is of the opinion that such a Union should be embedded into a global supervisory and regulatory framework which should be transparent, made accountable and whose requirements must be enforceable;
Amendment 62 #
2015/2106(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned about the increased complexity, reflected in the greater amount, detail and number of layers of regulation and supervision with requirements at international, European and national level; stresses the need for international regulatory cooperation but recalls that the global framework for cooperation should be improved to better take into account the interests of all parts of the world and in order to increase accountability;
Amendment 77 #
2015/2106(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that a strong CMU should encourage the development of capital markets in all 28 Member States; calls on the Commission to support those Member States with developing capital markets sectors through its Structural Reform Support Service;
Amendment 225 #
2015/2106(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Acknowledges the traditional reliance of SMEs on bank funding due to their specific nature, different risk profiles and variety across Europe; calls on the Commission, in cooperation with the European Supervisory Authorities (ESAs) and the ECB, to analyse the obstacles to, and benefits of, the diversification of funding channels and how to enable banks to increase SME funding; reminds of the importance of tools like the ‘SME supporting factor’; suggests that the initiatives for improved SME funding should be expanded to mid-cap companies;
Amendment 227 #
2015/2106(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Acknowledges the traditional reliance of SMEs on bank funding due to their specific nature, different risk profiles and variety across Europe; calls on the Commission, in cooperation with the European Supervisory Authorities (ESAs) and the ECB, to analyse the obstacles to, and benefits of, the diversification of funding channels and how to enable banks to increase SME funding; calls in this respect to consider ‘SME benchmarks’ enabling banks to compare and price credit, instead of the less realistic SME credit registry; suggests that the initiatives for improved SME funding should be expanded to mid-cap companies;
Amendment 232 #
2015/2106(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Asks the Commission to embed the ‘Funding Escalator’ concept within CMU, addressing the diversity of companies’ financing needs throughout their stages of development;
Amendment 266 #
2015/2106(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Asks the Commission and supervisors to address the interaction between International Financial Reporting Standards (IFRS) and prudential requirements, and to review the impact of tax accounting on own fundsespecially for SMEs where EU accounting standards are incompatible with IFRS, and to review the impact of tax accounting on own funds; in response to its proposals in the recent Tax Action Plan (European Commission Communication on A Fair and Efficient Corporate Tax System in the European Union: 5 Key Areas for Action), requests the Commission to address the corporate debt equity bias in order to strengthen CMU; further calls on the Commission to review the structural bias against share holdings in the Solvency II framework;
Amendment 288 #
2015/2106(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Demands a stronger focus on the global competitiveness of the EU financial sectors when making policy, particularly with regards to ensuring EU businesses are not at a competitive disadvantage to firms elsewhere; Stresses the importance of alignment of global regulation through international fora such as the G20 in order to ensure a level playing field and to support the development of capital markets worldwide;
Amendment 296 #
2015/2106(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the importance of the international framework with respect to its scope, methodologies and implications on the EU framework; calls on the Commission and ESAs to coordinate more closely with Member States and international bodies promotingin order to avoid unnecessary adverse impacts on competitiveness of the EU finterestsancial sector;
Amendment 302 #
2015/2106(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points to the importance of equivalence decisions in addressing obstacles regarding market access and the respective regulatory frameworks, bearing in mindhighlights that equivalence with other jurisdictions has the potential to increase capital inflows and attract further investment into Europe, but cautions that such unilateral decisions must benefit European businesses and consumers;
Amendment 307 #
2015/2106(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Requests that the Commission propose a coherent framework for dealing with third countries; stresses that such a framework should extend beyond equivalence provisions and, where possible, incorporate international standards or agreements;
Amendment 325 #
2015/2106(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to ensure balanced participation in consultations by reflecting the diversity of stakeholders, as well as facilitating and providing better conditions for the participation of small stakeholders to participate;
Amendment 352 #
2015/2106(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to propose a coherent framework to enhance the quality and implementability of legislation, which should ensure greater and structural participation of ESAs during the level 1 phase and sufficient opportunity for ESAs to review as well as respond to unintended consequences that may arise during and following the implementation phase;
Amendment 357 #
2015/2106(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the need to respect the interplay, consistency and coherence between the basic acts and delegated and implementing acts; insists that the Commission and the ESAs, when drafting delegated and implementing acts and guidelines, stick to the empowerments laid down in the basic acts and respect the co- legislators’ agreement; recalls article 290 of the TFEU stating that delegated acts are meant ‘to supplement or amend certain non-essential elements of the legislative act’;
Amendment 366 #
2015/2106(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Emphasises that an early legal review by the Commission should not reduce the transparency of the process vis-à-vis Parliament; requests that during the drafting process the ESAs proactively provide Parliament with provisional drafts;
Amendment 399 #
2015/2106(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Is concerned by threats to cyber security and believes that it should be an integrated dimension of the EU strategy;
Amendment 403 #
2015/2106(INI)
Motion for a resolution
Paragraph 43 – introductory part
Paragraph 43 – introductory part
43. Calls on the Commission services to complete, as part of its REFIT agenda, the first assessment by the end of 2016 and to report on the overall impact and, in separate chapters, on the following:
Amendment 421 #
2015/2106(INI)
Motion for a resolution
Paragraph 43 – indent 8
Paragraph 43 – indent 8
– the effectiveness and appropriateness of the framework for retail investors, institutional investors and consumers, including the effect on access to finance for SMEs and mid-cap companies,
Amendment 427 #
2015/2106(INI)
Motion for a resolution
Paragraph 43 – indent 9 a (new)
Paragraph 43 – indent 9 a (new)
– the transparency of the legislative process, including consistency between the basic acts as adopted by the co- legislators and any associated level 2 measures,
Amendment 202 #
2015/2095(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
U a. whereas EASO disposes of a staff of 75 people, which is very limited with regards to the number of tasks it has to accomplish;
Amendment 278 #
2015/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that an effective guardianship and a child-sensitive protection systems are key to preventing abuse, neglect and exploitation of children deprived of parental care; stresses the importance of defining EU guidelines for an harmonized guardianship systems aimed at providing adequate support and protection and at granting that foreign and national children are treated equally;
Amendment 294 #
2015/2095(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines that efforts should be made to enhance the capacities of Member States to investigate and prosecute migrant smuggling networks notably through stronger coordination between law enforcement and judiciary structures in the European Union and the sharing of information between Member States and with EU Agencies;
Amendment 520 #
2015/2095(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls for an increased sharing of best practices within the field of reception conditions and asylum procedures and suggests in this context to make use especially of the experience within local and regional authorities;
Amendment 635 #
2015/2095(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that the asylum systems of some frontline Member States are already clearly overburdened and that the Temporary Protection Directive should – under its own logic – have been triggered; asks the Commission to consider to propose the activation of the directive even at this stage; calls, in any case, for a clear definition of ‘'mass influx’' to be established upon revision of this directive; understands that such a revision of the Temporary Protection Directive can form part of the review of the Dublin system;
Amendment 659 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Notes that an inclusive society should be built with the participation of all the actors involved in that society and therefore suggests that even though integration is a competence of the Member States the exchange of best practices in the field of integration is strengthened, inter alia through the creation of a network for the sharing of best practices and relevant data at the local level;
Amendment 660 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Calls on the European Commission to organise an annual Structured Dialogue on Integration together with the European Committee of the Regions with a view to draw up, review, and update guidelines for local and regional authorities across the continent in order to ensure smooth integration;
Amendment 661 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 c (new)
Paragraph 40 c (new)
40 c. Underlines that integration can be enhanced through reception policies for asylum-seekers which promote social inclusion, rather than isolation and separation from host communities; recalls the key role local and regional authorities play in this regard, and thus, calls on Member States to resource local and regional authorities appropriately according to their needs and to allow for their contribution to sharing best practices at EU level;
Amendment 662 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 d (new)
Paragraph 40 d (new)
40 d. Considers that language, accommodation and employment are vital for integration; Considers therefore that language training should be provided upon commencement of the asylum procedure, unless it is reasonably foreseen that the asylum-seeker will stay in the country for a period not exceeding a few weeks, as it facilitates the active participation of children in school, is important for accessing employment in the host country and may also be a valuable additional asset upon return home;
Amendment 663 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 e (new)
Paragraph 40 e (new)
40 e. Underlines the large number of minors among the migrants; insists on the importance of ensuring a maximum level of continuity in their schooling when arriving on the European territory; recalls that this constitutes a vital condition for their wellbeing and their integration in their new environment;
Amendment 746 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; in this regard, welcomes the EU action plan on returns;
Amendment 756 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system; Considers that in order to ensure a better execution of return decisions they should as far as possible be conducted at a European level with operational assistance provided by Frontex;
Amendment 762 #
2015/2095(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Considers that in order to increase the efficiency of readmissions, and in order to ensure the coherence of returns at a European level, it will be necessary to favour European readmission agreements over bilateral agreements between Member States and third countries; considers that the conclusion and implementation of those agreements will require high level political dialogues and conditional development funding to support the reintegration of returnees in their countries of origin;
Amendment 780 #
2015/2095(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Notes that there is no EU policy or legal framework protecting the basic rights of persons who are not removed; regrets that the safeguards set forth in article 14(1) of the Return Directive for non-removed persons do not cover all rights and apply only if removal is formally postponed; calls on EU institutions and Member States to address the situation of migrants in an irregular situation who have been given a return decision but who have not been removed and to provide for a mechanism to put an end to situations of legal limbo that derive from protracted situations of non- removability;
Amendment 803 #
2015/2095(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Acknowledges that the main purpose of the recent Commission proposal for a Union list of safe countries of origin, amending the Asylum Procedures Directive13 is to more efficiently distinguish migrants who are in clear need of international protection and therefore more likely to succeed in their asylum applications from those who are leaving their country for other reasons which do not fall under the right of asylum; observes that if such a Union list would become obligatory for Member States it could, in principle, be an important tool for facilitating the asylum process, including return; __________________ 13 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L180, 29.6.2013, p. 60).
Amendment 807 #
2015/2095(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Considers that for the establishment of a European list of safe countries of origin to effectively meets its objectives and arrive at a faster treatment of asylum requests, it would be appropriate to revise the asylum procedures directive in order to harmonise the procedural deadlines of the accelerated procedures between different Member States.
Amendment 819 #
2015/2095(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Considers that the establishment of a list of safe countries of origin of the Union should progressively put an end to national lists of safe countries of origin, except with regards to exceptional cases encountered by a Member State.
Amendment 871 #
2015/2095(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Understands thatWelcomes the recently proposed European Border and Coast Guard is intended to replace Frontex and which is meant 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; Underlines in that regard that Member States which have a frontline role and external border with third countries, but which are not part of the Schengen area, must also be able to participate and benefit from the establishment of the European Border and Coast Guard on equal footing with the Schengen area Member States;
Amendment 885 #
2015/2095(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Recalls that, since the establishment of the Schengen Area, the Union is an area without internal borders, that the Schengen Member States have developed a step-by- step common policy towards the Schengen external borders, and that the inherent logic of such a system has always been that the abolishment of internal border controls has to go hand in hand with compensatory measures strengthening the external borders of the Schengen Area and the mandatory and systematic sharing of information through the Schengen Information System (‘SIS’) including on return decisions;
Amendment 931 #
2015/2095(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Calls on the Commission to ensure an effective cooperation between these agencies; and ensure that they have concluded operational agreements enabling them to ensure effective, proportionate and justified exchange of data;
Amendment 934 #
2015/2095(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Points out, in that regard, that the Union agencies require the resources necessary to allow them to fulfil their assigned tasks; calls on the Commission to provide updated and consolidated information on the needs of the agencies; asks the Commission to propose a medium and long term strategy regarding the actions of the agencies in the field of justice and home affairs: objectives, tasks, coordination, Hotspots and financial resources; insists that the Union agencies and the Member States keep the Parliament fully informed of work undertaken at the hotspots;
Amendment 941 #
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 and fingerprinting 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;
Amendment 962 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the fundamental rights of all migrants in cooperation with the relevant agencies and national Human Rights institutions; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 1073 #
2015/2095(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Reaffirms that the Union must adopt a long-term strategy to help counteract the ‘push factors’ in third countries (persecution, conflict, generalised violence or extreme poverty), which force people into the hands of criminal smuggling networks, which they see as their only chance to reach the Union; Underlines that this work should be done with the inclusion of NGOs and civil society organisations working in the field;
Amendment 1094 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there; calls therefore on Member States to achieve the level of 0.7% of GNI in development assistance as soon as possible;
Amendment 1106 #
2015/2095(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
94. WelcomNotes the recently established Emergency Trust Fund for Africasetting-up of the Union Regional Trust Fund in Response to the Syrian Crisis and of the EUR 1.8 billion pledged to the fundmergency Trust Fund for Africa, which has added an additional element to third- country funding; calls onurges the Member States to continue contributing to the fundstand by their promises and contribute to these funds; reminds that the above funds were created in response to the lack of flexibility and funding in the EU budget;
Amendment 1110 #
2015/2095(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94a. Calls on each Member State to take on its share in the package of the EUR 3 billion Refugee Facility for Turkey; raises however the question of how the Union contribution should be made available within the respective ceilings of the Union budget for 2016 and 2017;
Amendment 1120 #
2015/2095(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Notes that the Union’s migration policy is implemented through different policy instruments, each having its own objectives, which are not necessarily interlinked, and that there is insufficient coordination of funding between the multiple actors involved; points out that the fragmentation of budget lines and responsibilities creates a management structure that could make it difficult to provide a comprehensive overview on how the different funds available are allocated and ultimately used; considers it essential to keep a close eye on the use made of all funding related to immigration, in particular with regard to contracting and subcontracting procedures, in view of a number of instances of fraud and mismanagement that have occurred in the Member States; points out, furthermore, that such fragmentation makes it harder to quantify how much the Union spends overall on migration policy;
Amendment 1126 #
2015/2095(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Is of the opinion that such a comprehensive overview of Union funding related to migration, both within and outside the Union must be provided, as the absence of such an overview is a clear obstacle to transparency and sound policymaking; notes, in that regard, that one possible option could be a website or an annual report comprising a database of all Union funded projects related to migration policy; underlines that the need for transparency also extends to budget lines in order to ensure adequate funding for all objectives of Union migration policy;
Amendment 1134 #
2015/2095(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Welcomes the additional funding made available in the Union’s budget for 2016 to start to deal with the current migration phenomenamobilisation of significant budgetary means spread over 2015 and 2016 to address the migration and refugee crisis; pPoints out that most of that new funding represents funding under the 2014-2020 Multiannual Financial Framework ('MFF), which has been brought forward, with the result that the Union is spending toda') and that the whole available envelop for the flexibility instrument in 2016 and the entirety of its 2014 and 2015 unused portions were mobilised for this purpose; highlights accordingly wthat was intended to be spent tomorrowlonger-term solutions should be sought, not only in the annual budgetary procedure, but also in the upcoming mid-term revision of the MFF;
Amendment 1135 #
2015/2095(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99a. Calls on the Commission to provide as accurate an assessment as possible of the appropriations needed for the AMIF over the period to 2020 and, on that basis, to present a proposal for an increase in the heading 3 appropriations and, if necessary, an adjusted allocation among the various implementing programmes in the context of the revision of the multiannual financial framework, due by the end of 2016; stresses also the need for such funding to have genuine European added value rather than simply supporting existing national programmes;
Amendment 1200 #
2015/2095(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111a. Underlines that the policy of the European Union in the area of legal economic migration should in no case be based on a brain drain from developing countries; recalls that such a phenomena would deprive these countries of the talents which are necessary for their development; is of the opinion that migratory flows can play a positive role for development and that it is necessary to promote circular migration in order to allow these persons to also be actors for development within their countries of origin;
Amendment 1212 #
2015/2095(INI)
Motion for a resolution
Paragraph 113 a (new)
Paragraph 113 a (new)
113a. Calls on the Commission, on the basis of an assessment report, to formulate recommendations to improve Eurosur;
Amendment 6 #
2015/2063(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Revised EU Strategy for Combating Radicalisation and Recruitment to Terrorism, adopted by the Justice and Home Affairs Council at its meeting on 19 May 2014 and approved by the Council of the European Union of 5 and 6 June 2014 (doc. 9956/14).
Amendment 8 #
2015/2063(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the JHA Council of 12 and 13 March 2015, (At this meeting, the Ministers decided to set up within Europol a European unit tasked with flagging content on the internet).
Amendment 9 #
2015/2063(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the additional protocol to the Council of Europe Convention on the Prevention of Terrorism and the Council of Europe’s action plan on the fight against violent extremism and radicalisation leading to terrorism adopted on 19 May 2015.
Amendment 12 #
2015/2063(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 11 February 2015 on anti-terrorism measures
Amendment 31 #
2015/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the terrorist attacks that have been taking place in Paris, Copenhagen and Tunis in early 2015ia, among others highlight the security threat which is posed by the presence and movement of these foreign fighters in Europe; whereas the European Union has condemned these attacks in the strongest terms and has committed itself to combat terrorism alongside the Member States in and outside the EU territory;
Amendment 53 #
2015/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas combating terrorism and preventing the radicalisation and recruitment of European citizens by terrorist organisations still falls essentially within the sphere of competence of the Member States, but whereas a concerted European approach is necessary to harmoniseand represents real added value, particularly with a view to coordinating the policies of the Member States on this matter, reinforcing the exchange of information, identifying good practices, developing new ideas and harmonising the legislation that applies in an area where European citizens are free to move;.
Amendment 109 #
2015/2063(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. Whereas the rise of terrorism and foreign fighters has increased the intolerance towards ethnic and religious communities in several countries in Europe; considering that a holistic approach to fight against discrimination, in general, and islamophobia and anti- Semitism, in particular, are complementary when working for specific prevention of terrorism extremism.
Amendment 119 #
2015/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish as quickly as possible a global strategy to prevent the radicalisation and recruitment of European citizens, taking into account all vectors of radicalisationn action plan to implement the EU strategy for combating radicalisation and recruitment to terrorism, on the basis of the exchange of best practice within the European Union and the evaluation of measures undertaken in the Member States; takes the view that the Commission should develop an intensive communication strategy on preventing the radicalisation and recruitment of European citizens by terrorist organisations; (The EU strategy for combating radicalisation and recruitment to terrorism was adopted by the Council of the European Union in 2005 and revised in 2008 and 2014)
Amendment 124 #
2015/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish as quickly as possible a global strategy to prevent the radicalisation and recruitment of European citizens as well as non-EU nationals living in Europe, taking into account all vectors of radicalisationthis process, on the basis of the exchange of best practice within the European Union and the evaluation of measures undertaken in the Member States; takes the view that the Commission should develop an intenspromote an effective participation of civil society organisations, as well as the consultation and exchange of good practices with organisations with experience on the field of terrorist radicalisation, and develop an effective communication strategy on preventing the radicalisation and recruitment of European citizens by terrorist organisations;
Amendment 132 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls upon the Member States to strengthen action aimed at preventing radicalisation and the recruitment of terrorists by updating national prevention policies and putting networks of practitioners in place on the basis of the ten priority areas for action as identified in the EU strategy for combating radicalisation and recruitment to terrorism (doc. 9956/14).
Amendment 134 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States to coordinate their strategies and share the information and experience at their disposal, to implement goods practices, at both a national and a European level, and to cooperate with a view to taking new steps in combating radicalisation and recruitment to terrorism.
Amendment 140 #
2015/2063(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. calls on the Commission to establish a common definition of ‘foreign fighters’ and to carry out an in-depth study of the process and the various influences which lead to radicalisation;Believes that the additional protocol to the Council of Europe Convention on the Prevention of Terrorism is the reference document that should be used by the Member States and the European institutions with a view to arriving at a common definition for the criminalisation of persons to be considered ‘foreign fighters’. Calls on the Commission to carry out an in-depth study of the process and the various influences which lead to radicalisation; (The additional protocol to the Council of Europe Convention on the Prevention of Terrorism defines five acts that it asks the Member States to establish as criminal offences with a view to responding to the threat posed by persons travelling abroad for the purpose of committing, contributing to or participating in terrorist offences, or the providing or receiving of training for terrorism in the territory of another State;)
Amendment 155 #
2015/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of making the fullest use of existing instruments to combat the radicalisation and recruitment of European citizens by terrorist organisations; recommends that more use should be made of European funds to that end; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in taking on this objective of stamping out the radicalisation of European citizens;the Commission and the Member States make use of available means, particularly under the Internal Security Fund (ISF), via the SIF Police instrument, in order to support projects and measures aimed at preventing radicalisation; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in taking on this objective of stamping out the radicalisation of European citizens; (The SIF Police instrument has a budget of just over EUR 1 billion for the period 2014-2020, EUR 662 million of which is channelled through shared management, EUR 342 million of which is channelled through direct management.)
Amendment 181 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publish guidelines on measures to be implemented in Europe's prisons aimed at preventing Europeans from becoming radicalised; recommends that the Member States segregate radicalised inmates within their prisons, whilst maintaining their rights and freedoms and not inciting hatred towards the system from the like-minded or yet hesitant sympathisers, in order to prevent radicalism from being imposed through intimidation on other inmates and to contain radicalisation in those institutions;
Amendment 187 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff in order to teach them to detect radical behaviour; stresses the importance of appropriately training and recruiting prison chaplains so that they can not only adequately meet prisoners' cultural needs in prisons, but also counter radical discourseto the entire prison staff, religious staff and NGO's personnel who interact with prisoners in order to teach them to detect, prevent and deal with behaviours which tend to terrorist extremism.;
Amendment 234 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giants with a view to legally preventing the online distribution of hate messages and to eradicating them swiftly, monitoring, tracking and swiftly eradicating hate messages and notifying the respective authorities about them;
Amendment 266 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they delete illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messagesto take measures to closely cooperate with Internet servers/providers and to act against companies not reacting when having acknowledgement of the distribution orf messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punishedremain online should be sanctioned if the agreed previous measures to withdraw this messages are not put in action;
Amendment 283 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however, that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giants to cooperate with the Member States and with organisations whose fields of expertise are terrorist deradicalisation or evaluation of hate speeches in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
Amendment 295 #
2015/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. States that the internet giants, through internet referencing, have the power to cooperate with Member States and their respective online counter-terrorism units to promote radicalisation prevention messages aimed at countering messages that praise terrorism; feels that it is thus their duty to highlight messages that oppose hate speech and praise for terrorism, thereby making online radicalisation more difficult;
Amendment 321 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units couldwelcomes the decision by the Council of Ministers of 12 and 13 March to create within Europol a European unit (EU IRU), tasked with flagging content on the internet, and encourages national bodies responsible for flagging and actors in the digital world to cooperate closely with a European uol for this purpose. (The terms of reference of the Unit aresponsible for dealing with flagging; set out in a note adopted by the Council of Ministers on 12 March 2015 (Doc 6606/15) They are: to coordinate the identification of terrorist and extremist content circulating on the Internet, in cooperation with the appropriate partners; support and deliver rapid and effective flagging, in close collaboration with the internet industry; support the work of the competent national authorities by providing them with strategic and operational analyses; act as a European centre of excellence for the activities set out above.
Amendment 323 #
2015/2063(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the establishment with effect from 1 January 2016 of the European Counter-Terrorism Centre (ECTC), of which the European unit tasked with flagging content will be a part. Stresses the need to provide the financial resources required to deliver the additional tasks conferred on Europol in connection with the establishment of the European Counter-Terrorism Centre. Calls for the European Parliament to be duly involved in the composition of the Centre, its terms of reference, tasks and finance.
Amendment 332 #
2015/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that online radicalisation cannot be stamped out without reinforcing the tools available to the EU to combat cybercrime; recommends that that the European Union strengthen the mandate of the European Cybercrime Centre (EC3) particularly by facilitating exchanges between Europol and private sector bodies so that it can play an effective role in better protecting European citizens against online threats and detecting the digital processes used by terrorist organisations; (Given the role played by the internet in radicalisation and as over 80% of ICT infrastructure belongs to the private sector, it would appear essential that Europol and the European Cybercrime Centre should be able to exchange information with the internet giants in order to be able to successfully deliver on their responsibilities.
Amendment 351 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that schools and education have an important role to play in preventing terrorist radicalisation; recalls the crucial role that schools play in helping to promote integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, educationinclusion of courses and academic programmes which encourage the understanding of the EU common values and the history onf religious issues in schoolsns, aiming to create a genuine European citizenship through a positive identity;
Amendment 375 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Union to carry out a communication campaign to raise the awareness of young people, as well as supervisory staff, as regards issues of radicalisation; calls on the Member States to introduce specialist training for teaching staff so that they can detect any suspicious changes in behaviour and properly supervise young people who are at risk of being recruited by terrorist organisations; suggests that school counsellors should provide necessary support for pupil targets of anti-Semitic and Islamophobic expressions, which may lead to their isolation from the majority of students, leaving them vulnerable to radical ideas and recruiters;
Amendment 430 #
2015/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Feels that those local actors have a crucial role to play in the development of projects adapted to their towns or organisations, in addition to their role as an integrating factor for those European citizens who feel at odds with society and tempted by terrorist radicalisation; feels that the Member States should support the establishment of structures facilitating, in particular, the supervision of young people, as well as exchanges with families, schools, hospitals, universities and so on; reminds that these measures can only be implemented through long- term social investment programmes; notes that such associations and organisations, which do not bear the mark of governments, sometimes achieve better results in reintegrating citizens who are on the path towards radicalisation into society;
Amendment 447 #
2015/2063(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights the importance of including the testimony of victims of islamist terrorism in public communication policies, as it would counter the impact of recruitment propaganda spread by terrorist organisations via the Internet.
Amendment 463 #
2015/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its desire to see the so-called ‘'EU PNR' directive swiftly adopted before the end of 2015 in order to enable the movements of European citizens likely to adopt a terrorist ideology to be trackedadopted in full compliance with fundamental rights and freedoms of European citizens and free from discriminatory practices or any ideological, religious or ethnic stigmatization; recalls, however, that the EU PNR will not be enough to prevent the recruitment of European citizens by terrorist organiszations;
Amendment 467 #
2015/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its desire to see the so-called ‘EU PNR’ directive swiftly adopted before the end of 2015 in order to enable the movements of European citizens likely to adopt a terrorist ideologysuspected of serious terrorist or transnational offences to be tracked; recalls, however, that the EU PNR will not be enough to prevent the recruitment of European citizens by terrorist organisations;
Amendment 478 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities inof the Member States, in particular by optimising the use of and contributions to the Schengen Information System and Europol's 'Focal Point Travellers' on European citizens who have been radicalised; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust; ('Focal Point Travellers' is a file for the collection and analysis of information on foreign terrorist fighters and related terrorist networks. Set up in May 2014 by EUROPOL's counter-terrorism unit, it collects information from all Member States and holds over 6,000 names of individuals associated with terrorism (facilitators, recruiters, funders, those likely to leave, fighters etc.))
Amendment 507 #
2015/2063(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that criminalising terrorist acts carried out by foreign fighters requiresHence invites the European Union to work on the set-up of judicial cooperation agreements with third countries to facilitate the collection of evidence in thirsaid countries to be possible; calls, therefore, on the European Union to work on establishing judicial cooperation agreements with third countries in order to facilitate such processeas long as the Fundamental Rights, especially those regarding effective due process, are ensured by all parts;
Amendment 516 #
2015/2063(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Asks of the Commission an analysis of the interpretative framing displayed by terrorist organizations such as Daesh so as to develop a strategic communication policy aimed at countering any attempt to establish a public accounting presenting the use of violence as something completely legitimate;
Amendment 518 #
2015/2063(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Asks for the promotion of style manuals by public media aimed at reflecting and avoiding the acceptance of the interpretative framing and keywords used by terrorist organizations in their aim of public manipulation;
Amendment 559 #
2015/2063(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates that making good use of existing instruments such as the SIS and VIS systems constitutes the first step in stepping up external border security in order to identify EU citizens who may be leaving for conflict zonesand foreigners living in the EU who may be leaving to engage in terrorist actions, terrorist training or to take part in any unconventional armed conflict as part of a terrorist organization;
Amendment 573 #
2015/2063(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses once more the vital importance of the European Union establishing close cooperation with non-EU countries, notably transit countries and those to which foreign fighters are headingand destination countries, insofar as this is possible, in order to be able to identify EU citizens leaving to fight for terrorist organisations or returning thereafter;
Amendment 581 #
2015/2063(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is convinced that for such enhanced cooperation to be established the Commission, and the European External Action Service (EEAS) in particular, need to make greater linguistic efforts in terms of Arabic- speaking staff and spokespersons so as to be understood by every community beyond the EU's borders, specially by Arabic communities; considers it essential that the EUʼs call to combat radicalisation can be heard beyond its own borders;
Amendment 594 #
2015/2063(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Welcomes the Commission's allocation in April 2015 of a budget of 10 million euro to finance a programme of assistance to partner countries to counter radicalisation in the Sahel-Maghreb and stem the flow of foreign fighters from North Africa, the Middle East and the Western Balkans. (A first tranche of 5 million euro to fund technical assistance to enhance the capacities of criminal justice officials to investigate, prosecute and adjudicate cases of foreign fighters or would-be foreign fighters. A second tranche of 5 million euro to finance countering radicalisation programmes in the Sahel and Maghreb region.)
Amendment 605 #
2015/2063(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. States that a comprehensive approach to preventing the radicalisation and recruitment of EU citizens by terrorist organisations can only be successfully put in place if accompanied by measures to deradicalise EU citizens beguiled by terrorist rhetoric; calls on the European Union therefore to facilitate the sharing by Member States of good practices in regard to putting in place deradicalisation structures to prevent EU citizens leaving the EU or to control their return thereto with every caution so as to avoid any possible deception towards administrative or judicial authorities;
Amendment 616 #
2015/2063(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Suggests that Member States examine the idea of including mentors or counselling assistants in the process to deradicalise EU citizens who have returned from fighting for terrorist organisations, to help support them in their reintegration into society;
Amendment 658 #
2015/2063(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Welcomes the recently adopted EU anti money laundering and terrorist financing rules and calls on EU Member States to swiftly implement them;
Amendment 7 #
2015/2062(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the conventions, recommendations and resolutions of the Council of Europe on prison matters,
Amendment 8 #
2015/2062(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the Council of Europe’s white paper on prison overcrowding of 28 September 2016,
Amendment 33 #
2015/2062(INI)
Motion for a resolution
Recital D
Recital D
D. whereas overcrowding in prisons is a recurrent problem in the Union, as demonstrated by reports such as the most recent edition of the Council of Europe Annual Penal Statistics (SPACE), published on 14 March 2017, and whereas the European Court of Human Rights has regarded it as a breach of Article 3 ECHR;
Amendment 40 #
2015/2062(INI)
Motion for a resolution
Recital E
Recital E
E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors, the elderly, pregnant women and people suffering from mental and psychiatric disturbances;
Amendment 61 #
2015/2062(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, according to Council of Europe figures for 20145, on average 2010.8% of prisoners in European prisons are foreigners – the corresponding figure in 2014 being 13.7% – and whereas they are most often remanded in custody because of the greater risk of absconding associated with them;
Amendment 85 #
2015/2062(INI)
Motion for a resolution
Recital L
Recital L
L. whereas radicalisation is occurring in many prisons in the European Union is particularly concerning;
Amendment 91 #
2015/2062(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the Union has made funding available under the European Agenda on Security in order to tackle radicalisation in prisons;
Amendment 114 #
2015/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also wi; highlights that according to the latest edition of the annual penal statistics of the Council of Europe of 14 March 2017, the number of detainees continues to exceed the number of available places in a third of European penitentiary institutions; further deplores that in many cases this overpopulation of prisons has a serious impact on the safety of prison staff and prisoners, medical care, re-education and monitoring of prisoners; calls on Member States to follow the regard to the activities made available, medical care and monitorcommendations of the white paper of the Council of Europe on prison overcrowding of 28 September 2016 and Recommendation R(99) 22 of the Committee of Ministers of the Council of Europe of 30 September 1999 concerning prison overcrowding ofand prisoners population inflation;
Amendment 142 #
2015/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that increasing prisons’ capacity is not the sole solution to overcrowding, as the prison population tends to rise at the same rate as prison capacity; calls nonetheless on Member States to allocate appropriate resources to refurbishment andfor the modernisation of prisons in order to protect the rights of prisoners, develop further educational capabilities and ensure a more secure environment for both prisoners and prison staff; recalls that the Commission recently mentioned the possibility of drawing onfor member states to draw from the Structural Funds of the European Union;
Amendment 149 #
2015/2062(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to consider recruiting volunteers, within the context of the delivery of sanctions, to support professional staff, with a view to creating links that will promote the reintegration of individuals into society; considers that the tasks of the volunteers should be clearly distinct from those carried out by professional staff, and should fall within the limits of their competences;
Amendment 167 #
2015/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages Member States to adevelopt non-custodial measures as an alternative to detention and calls on them to ensure that, in addition to the punitive aspect of imprisonment, attention is also devoted to mothe development of practical skills and re -educational and social aspect of prisoners, in order to enable punishment to be managed better, make a success of social reintegration and reduce recidivism; draws attention in this connection to the good practices which exist in the Scandinavian countries;
Amendment 177 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on Member States to combat lack of occupation in prisons, and to offer activities capable of encouraging prisoners to become active in determining their own futures;
Amendment 189 #
2015/2062(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to guarantee access to health care, within a reasonable period of time, in prison;
Amendment 204 #
2015/2062(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reaffirms the importance of ensuring that children in prison are treated in a manner that takes into account their best interests, including being kept separate from adults at all times, including during prison transfers, and having the right to maintain contact with their families; recalls that Directive (EU) 2016/800 on procedural safeguards for children includes a preference for alternative measures;
Amendment 233 #
2015/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to combat the growing phenomenon of radicalisation in prison through, inter alia, improving detection capabilities, developing educational measures and supporting inter-faith dialogue and communication;
Amendment 242 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that under the European Agenda on Security the European Union has made funding available in order to support vocational training for prison personnel with the aim of countering radicalisation in prisons. Calls on member states to make full use of the Radicalisation Awareness Network (RAN) Centre of Excellence, and specifically to further share expertise through the Prison and Probation Working Group therein;
Amendment 246 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Encourages specific training to be put in place to enable prison staff to prevent and identify radical behaviour, and to deal appropriately with radicalised prisoners;
Amendment 260 #
2015/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that consideration for and training of prison staff is essential in order to ensure goodsecure and appropriate detention conditions in prison, and encourages Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations to be convened;
Amendment 265 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on Member States to establish a guaranteed service within penal establishments;
Amendment 275 #
2015/2062(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to promote policies to reintegrate prisoners into civil life, in particular policies aiming at the removal of structural barriers preventing the re-integration of ex-prisoners into society, and to establish policies on monitoring and adjustment of penalties;
Amendment 34 #
2015/2058(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Asks those Member States with dependencies and territories, which are not part of the Union, to work with these states towards the adoption of the principles of tax transparency and to ensure that none serves as a tax haven;
Amendment 41 #
2015/2058(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to develop further initiatives to promote good governance in tax matters in third countries, to tackle aggressive tax planning and to address double (non-) taxation gaps; states that double (non-) taxation agreements between Member States and third countries must be based on common standards; insists that no double (non-) taxation agreements should be entered into with tax havens or non- corporative jurisdictions and invites the Commission therefore to add in every relevant legislative proposal a clause to ensure the objectives of the legislation are not circumvented via tax constructions;
Amendment 61 #
2015/2058(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EU and OECD BEPS members to ensure that the new OECD- developed "Global Standard on Automatic Information Exchange" includes a transition period for developing countries that cannot currently meet reciprocal automatic information exchange requirements due to a lack of administrative capacity;
Amendment 62 #
2015/2058(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for a review of existing double taxation agreements in order to allow for a 'fair share' of the tax base to be taxed in developing countries;
Amendment 69 #
2015/2058(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses the urgent need for a study on the impact of international tax treaties and spillover analyses of national tax policies and an impact assessment of their special purpose entities and similar legal constructions, as well as data showing the flow of investments through such entities in their countries in order to assess the impacts on developing countries;
Amendment 82 #
2015/2058(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that coordinated action in the EU level, also in the context of the Code of Conduct on Business Taxation, is necessary to pursue the application of standards of transparency in relation to third countries; calls on the Commission and the Member States to incorporate these standards in future trade agreements;
Amendment 92 #
2015/2058(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Calls for the recomWelcomes the swift implemendtations of the country-by-country (CbC) reports to be implementeding for banks as defined in the fourth amendment to the Capital Requirements Directive (CRD4); calls on the Commission to introduce as a next step mandatory CbC reporting for cross-border companies in all sectors and in all the countries. in which they operate, including non-cooperative jurisdictions and tax havens, through an immediate revision of the accounting directive, whilst ensuring that administrative burdens are minimised, in particular for SMEs;
Amendment 95 #
2015/2058(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls for a swift implementation of the Anti-Money Laundering Directive (AMLD) and the Transfer of Funds Regulation (ToFR); considers, however, that room for improvement remains and urges MSs to use the available flexibility, provided for in particular in the AMLD, towards the use of unrestricted public registers with access to beneficial ownership information for companies, trusts, foundations and other legal entities;
Amendment 97 #
2015/2058(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcome the fact that the Commission Transparency Package included a commitment to conducting an impact assessment of making country by country reporting public for all economic sectors; stresses the need to look at the costs of making country by country reporting public but also the benefits for European and developing societies; recalls that public transparency is a vital step towards fixing the current tax system and building public trust; strongly encourages the Commission to ensure that this information is publicly available;
Amendment 98 #
2015/2058(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the EU to promote increased participation of, and linkages with, developing countries and not to focus only on European countries and on issues of relevance for its member states; in this respect, recalls that the EP already called for the establishment of an intergovernmental tax body under the auspices of the United Nations with the aim of ensuring that developing countries can participate on an equal footing in the formulation and reform of global tax policies.
Amendment 76 #
2015/2012(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, to this end, the Secretary- General proposes the creation of 20 additional posts in order to reinforce the secretariats of the four parliamentary committees concerned (ECON, ENVI, ITRE and, TRAN and LIBE); considers that this reinforcement can be accepted only after the examination of the possibilities of internal redeployment;
Amendment 123 #
2015/0310(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The development and implementation of an integrated external border management system at Union level calls for the framing of a global European strategy for external border management which lays down the main guidelines, priorities and shared objectives. That global strategy should be drawn up by the Commission, subject to approval by the Council and Parliament.
Amendment 133 #
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 and assess 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 search and rescue operations, return operations and return interventions.
Amendment 182 #
2015/0310(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The European Border and Coast Guard Agency should carry out and assist Member States in search and rescue operations for persons in distress at sea and should fulfil this task in full compliance with fundamental rights, in particular the Charter of Fundamental Rights of the European Union, the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement, the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, and the International Convention on Maritime Search and Rescue.
Amendment 188 #
2015/0310(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents and, where appropriate, the issuing of European travel documents for the return journey. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of return.
Amendment 238 #
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 guaranteeing the proper functioning of the Schengen area, managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.
Amendment 266 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 276 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be coherent with the strategyies referred to in paragraph 2Article 3a.
Amendment 277 #
2015/0310(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a European integrated border management strategies 1. The Commission shall establish, with reference to the European Border and Coast Guard Agency recommendations, a European integrated border management strategy. The strategy shall set out general guidelines, the objectives to be met and the key actions to be taken in order to establish a fully functioning European integrated border management system. The European integrated border management strategy shall be revised whenever circumstances warrant and at least once every four years, and shall be submitted to the European Parliament and the Council for approval. 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.
Amendment 278 #
2015/0310(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
European integrated external border management
Amendment 293 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) search and rescue of persons in distress at sea;
Amendment 324 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategyies referred to in Article 3(2), and in close cooperation with the Agencya.
Amendment 352 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management; and the capacity to carry out vulnerability assessments including the assessment of the capacity of Member States to face threats and pressures at the external borders.
Amendment 353 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) ensure regular monitoring of the management of the external borders through liaison officers of the Agency in Member States;
Amendment 366 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) carry out and assist Member States in humanitarian emergency operations and in search and rescue operations of persons in distress at sea;
Amendment 379 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
Article 7 – paragraph 1 – point g a (new)
(ga) cooperate with national authorities and European agencies with responsibility for enforcement in action to prevent and detect cross-border crime and in investigations into such crime;
Amendment 389 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point m
Article 7 – paragraph 1 – point m
(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards and programmes;
Amendment 424 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States must provide the Agency with information on the budget and financial resources dedicated to border management at a national level.
Amendment 425 #
2015/0310(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 429 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows towards and within 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 and to carry out vulnerability assessments as referred Article 12.
Amendment 431 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. When developing a common integrated risk analysis model, the Agency shall draw on Europol cross-border crime risk analyses.
Amendment 433 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The AgencyRisk Analysis and Vulnerability Assessment Centre shall prepare general and tailored risk analyses and submit it to the Council and the Commission. For this purpose, it shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 440 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the AgencyCentre shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, 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, as well as the respect of fundamental rights.
Amendment 451 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the AgencyCentre with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the AgencyCentre provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 452 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible cross-border crime threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 495 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The AgencyRisk Analysis and Vulnerability Assessment Centre shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding 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 511 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the AgencyCentre, provide information as regards technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 516 #
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 AgencyCentre 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 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). The assessment also aims at evaluating the capacity of Member States to respect fundamental rights in such situations. That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 521 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the SuperAdvisory Board and the Management Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the AgencyCentre’s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 533 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director, in close coordination with the Advisory Board and the Management Board, shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken. The Executive Director notifies the Commission and the European Parliament. If the Member State does not take the measures within the time-limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18.
Amendment 535 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 537 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. The Management Board's decision shall be binding on the Member State. If the Member State does not take the measures within the time-limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18.
Amendment 558 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d a (new)
Article 13 – paragraph 2 – point d a (new)
(da) deploy and coordinate joint search and rescue operations for people in distress at sea;
Amendment 568 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall evaluate, approve and coordinate proposals for joint operations made by Member Statesand rapid border interventions made by Member States. The Executive Director shall simultaneously notify the Member States concerned and the Management Board in writing of the decision. Joint operations and rapid border interventions shall be preceded by a thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to set an order of priority for the proposed joint operations and rapid border interventions, taking into account the impact level to external border sections in accordance with Regulation (EU) No 1052/2013 and the availability of resources.
Amendment 570 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Member States may challenge any decision by the Executive Director not to launch a joint operation or a rapid border intervention by referring it to the Management Board.
Amendment 580 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Executive Director shall draw up an operational plan for joint operations at the external borders. The Executive Director and the host Member State, in consultation with the participating Member States, shall agree on the operational plan detailing the organisational aspects of the joint operation. A copy of the operational plan shall immediately be sent to the Management Board.
Amendment 599 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States and the Management Board.
Amendment 603 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision. A copy of the operational plan shall immediately be sent to the Management Board.
Amendment 604 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 8 a (new)
Article 16 – paragraph 8 a (new)
8a. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States and the Management Board.
Amendment 614 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States may challenge decisions taken by the Executive Director on requests they have submitted for operational and technical reinforcement by referring them to the Management Board.
Amendment 641 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management BoardExecutive Director referred to in Article 12(65) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act,shall immediately recommend to the Council to adopt, by simple majority, a decision establishing that no effective action has been taken and identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2)e Commission shall notify the European Parliament.
Amendment 660 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. In the event that the Council does not adopt the decision on the Commission recommendation and that failure to take appropriate action on the part of the Member State concerned persists or that disproportionate migratory pressure at the external border putting in jeopardy the functioning of the Schengen area persists, the Commission, after 1 month from its earlier recommendation, shall recommend to the Council to adopt the decision establishing that no effective action has been taken and identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The decision shall be deemed to be adopted by the Council unless it decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may ask for a Council meeting, within this deadline. The Commission shall notify the European Parliament.
Amendment 680 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Member State concerned shall comply with the Commissionuncil decision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.
Amendment 682 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. The Commission shall monitor the proper implementation of the measures identified in the Council decision and the actions taken, for that purpose, by the Agency in order to ensure a proper European border management.
Amendment 693 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 8 – subparagraph 2
Article 19 – paragraph 8 – subparagraph 2
Such secondments may be for 12 months or more butshall in any case it shallbe for not be less than three months. The seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards shall be considered as the home Member State.
Amendment 695 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed to the European Border and Coast Guard Teams and of the number of border guards actually made available, in accordance with this Article.
Amendment 710 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Executive Director shall terminate, after informing the Member State concerned and the Management Board, joint operations or rapid border interventions if the conditions to conduct those activities are no longer fulfilled.
Amendment 720 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. All the expenditure covered by the Agency under Article 23 of this Regulation shall continue to be borne by the Agency until the border guards and coast guards have actually returned to their Member States.
Amendment 721 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Any decision by the Executive Director to suspend or cease joint operations and rapid interventions at borders may be contested by the Member State concerned before the Management Board.
Amendment 738 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) coordinate the use of relevant IT systems and provide support on consular cooperation for the identification of third- country nationals and the acquisition of travel documents, initiate, organise and coordinate return operations and provide support to voluntary departure in cooperation with the Member States;
Amendment 742 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point f a (new)
Article 26 – paragraph 1 – point f a (new)
(fa) advise and support the Member States in their implementation of return procedures, in accordance with the 2008 Directive on common standards and procedures in Member States for returning illegally staying third-country nationals.
Amendment 754 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall at least on a monthly basis inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative, or at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on the modus operandi of the rolling operational plan.
Amendment 765 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Agency shall finance or co- finance return operations with grants from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member Statas many Member States as possible, or from hotspot areas.
Amendment 772 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile. A child protection profile must be included in the pool for any return operation or intervention involving children.
Amendment 779 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. A child protection profile must be included in the pool for any return operation or intervention involving children
Amendment 782 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Agency shall make available these escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in return operations and interventions.
Amendment 789 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. In circumstances where Member States are facing a heavy burden when implementing the obligation to return illegally staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon request of one or more Member States, provide the appropriate technical and operational assistance in the form of a return intervention. The Agency may propose on its own initiative to provide such technical and operational assistance to the Member States. Such intervention may consist in the deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. Member States shall regularly inform the Agency of their needs for technical and operational assistance, and the Agency shall draw up a rolling plan for return interventions on this basis.
Amendment 795 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Executive Director shall draw up an operational plan without delay, in agreement with the host Member States and the Member States willing to participate in a return intervention. A copy of the operational plan shall be immediately sent to the Management Board.
Amendment 808 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, relevant international law, including the Convention Relating to the Status of Refugees and the UN Convention on the Rights of the Child and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
Amendment 817 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, unaccompanied minors, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 1018 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 3 a (new)
Article 61 – paragraph 3 a (new)
3a. The Management Board shall decide by a majority of its members with voting rights on an appeal lodged by a Member State against a decision by the Executive Director concerning a request to launch a joint operation, rapid border intervention or return operation, to send migration management support teams and to suspend or halt the financing of a joint operation or rapid border intervention.
Amendment 1027 #
2015/0310(COD)
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. The Management Board may invite a representative of the European External Action Service or of any other body, agency or institution of the Union.
Amendment 1029 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, in particular on the implementation and monitoring of the overall European integrated border management strategy adopted by Parliament and the Council, the operational and technical strategy for European integrated border management drawn up by the Agency, the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency’s multiannual programming.
Amendment 1040 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 4 a (new)
Article 67 – paragraph 4 a (new)
4a. The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries, and shall present the annual report of the Agency.
Amendment 1041 #
2015/0310(COD)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Article 67a Independence 1. The Executive Director shall act in complete independence in the performance of his or her duties. 2. The Executive Director shall, in the performance of his or her duties, neither seek nor take instructions from anybody. 3. The Executive Director shall refrain from any action incompatible with his or her duties and shall not, during his or her term of office, engage in any other occupation, whether gainful or not. 4. The Executive Director shall, after his or her term of office, behave with integrity and discretion as regards the acceptance of appointments and benefits.
Amendment 1088 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 5
Article 70 – paragraph 5
5. The Consultative Forum shall have an effective access to all information concerning the respect for fundamental rights, including by carrying out on spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State.
Amendment 27 #
2015/0307(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Control at external borders remains one of the main safeguards of the Schengen area without controls at internal borders. It is carried out in the interest of all the Member States. One of the purposes of such controls is to which have abolished internal border controls. The purposes of such controls notably include helping to combat illegal immigration and trafficking in human beings, and preventing any threat to the Member States' internal security and public policpublic policy, public health, international relations and internal security, irrespectively of the origin of such threat.
Amendment 39 #
2015/0307(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) TAlthough minimal systematic checks based on a simple and quick examination of the validity of the travel document is currently the rule for persons enjoying the right of free movement under EU law, the phenomenon of foreign terrorist fighters, many of whom are Union citizens, and developments in organised crime demonstrates the necessity to strengthen the checks at external borders with regard to Union citizens.
Amendment 42 #
2015/0307(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The documents of persons enjoying the right of free movement under Union law should therefore be checked systematically against relevant databases related to stolen, misappropriated, lost and invalidated travel documents in order to avoid that persons hide their real identity. To that end, the Member States must ensure that there is an electronic connection to Interpol's Stolen and Lost Travel Documents (SLTD) database at external border crossing points.
Amendment 47 #
2015/0307(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border guards should for the same reason also systematically check persons enjoying the right of free movement under Union law against relevant national and European databases in order to ensure that they do not represent a threat to internal security or public policy. To that end, the Member States should ensure that their border guards have access to the relevant national and European data banks, including the Schengen Information System (SIS) and the Europol Information System (EIS).
Amendment 54 #
2015/0307(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Technological developments allow in principle to consult relevant databases without delaying the process of crossing the border, as the controls on documents and persons can be carried out in parallel. It is therefore possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest. To that end, the installation of smart borders with automatic control gates and the development of interoperability and interconnectivity of information systems are needed. Systematic checks should be carried out at all external borders. However, if systematic checks at land and sea borders were to have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk. Such risk assessment should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/20048 and be the subject of regular reporting both to the Commission and to the Agency. _________________ 8 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 59 #
2015/0307(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Where a Member State conducts targeted rather than systematic checks, it should make use of the common risk indicators for foreign terrorist fighters established by the Commission and the guidelines drawn up by Frontex.
Amendment 63 #
2015/0307(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Border checks should be carried out in such a way as to fully respect human dignity. Border control should be carried out in a professional and respectful manner and be proportionate to the objectives pursued.
Amendment 64 #
2015/0307(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) Many identity cards produced by the Member States do not, however, have any security features such as the facial image or fingerprints. In order to make it possible for this systematic verification to be carried out on travel documents other than passports, but also with internal security issues in mind, the Commission should take swift action to propose the establishment of common standards for the security features and biometrics that are to be included in identity cards issued by the Member States.
Amendment 79 #
2015/0307(COD)
(a) verification of the identity and the nationality of the person and the validity and authenticity of the travel document, by consulting the relevant databases, in particularwhich must include:
Amendment 87 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verification that a person enjoying the right of free movement under Union law is not considered to be a threat to the internal security, public policy, international relations of any of the Member States or to public health, including by consulting the relevant Union and national databases, in particularwhich must include the Schengen Information System.
Amendment 88 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where there is doubt on the authenticity of the travel document or on the identity of its holder, the checks shall include the verification of the biometric identifiers integrated in the passports and travel documents issued in accordance with Council Regulation (EC) No 2252/2004*. If possible, this verification of biometric identifiers shall also be carried out for other travel documents which are not covered by this Regulation, including identity cards.
Amendment 92 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
On entry or exit, when crossing an external border of the Schengen area which is shared between several Member States or Member State territories persons enjoying freedom of movement under EU law, in particular Directive 2004/38/EC, shall undergo a minimum check intended to establish their identity on the basis of the production or presentation of their travel documents.
Amendment 98 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Where, at external land and sea borders, the checks referred to in points a) and b) of the first subparagraph would have a disproportionate impact on the flow of traffic, Member States may carry out those checks on a targeted basis based on an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health. The duration and location of these checks must not go beyond what is strictly necessary for the purposes of risk assessment.
Amendment 99 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where, at external land and sea borders, the checks referred to in points a) and b) of the first subparagraph would have a disproportionate impact on the flow of traffic, Member States may carry out those checks on a targeted basis based on an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health. The minimum check intended to establish identity on the basis of production or presentation of travel documents shall still apply, however.
Amendment 105 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Each Member State shall transmit its risk assessment to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004 and report every three months to the Commission and to that Agency on the application of the checks carried out on a targeted basis. The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by means of Regulation (EC) No 2007/2004 shall take account of these reports when it carries out an assessment of the vulnerability of a Member State and may include among the corrective measures the Member State in question is required to take the reintroduction of systematic checks.
Amendment 107 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4 a (new)
Article 7 – paragraph 2 – subparagraph 4 a (new)
Amendment 117 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 562/2006
Article 7 – paragraph 3 – point b – point iii
Article 7 – paragraph 3 – point b – point iii
iii) verification that the third-country national concerned is not considered to be a threat to public policy, internal security or international relations of any of the Member States, including by consulting the relevant Union and national databases, in particularcluding, on a mandatory basis, the Schengen Information System;
Amendment 118 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
(1 a) The Commission shall publish an impact study on the impact of this Regulation on the flow of traffic on the entry and exit at Schengen external borders within one year after entry into force of this Regulation.
Amendment 105 #
2015/0281(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, Member States shall ensure that the service provider is not liable for the information transmitted, on condition that the provider does not initiate the transmission, does not select the receiver of the transmission, and does not select or modify the information contained in the transmission.
Amendment 248 #
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 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 the commission of a terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 264 #
2015/0281(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that soliciting another person to commit or contribute to the commission of one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 271 #
2015/0281(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that to wilfully receive instruction, from another person, including on obtaining knowledge or practical skills, in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, forwith the purpose of committing of orintent to commit or to contributinge to the commission of one of the offences listed in points (a) to (h) of Article 3(2) is punishable as a criminal offence when committed intentionally.
Amendment 285 #
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 the act of travelling to another country for the purpose of the commission of or contribut, if it can be demonstrated that the intended purpose of that travel is to commit or contribute to the commission tof a terrorist offence referred to in Article 3, theo participatione in the activities of a terrorist group referred to in Article 4 or theo providinge or receiving ofe training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 288 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall strengthen the timely exchange of any available relevant information concerning persons travelling abroad for the purpose of terrorism. For that purpose, each Member state shall designate a point of contact available on a 24/7 basis. A Member state can choose to designate an already existing point of contact. This point of contact shall have the capacity to carry out communications with the point of contact of another Member State on an expedited basis;
Amendment 293 #
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 any person providing or collecting funds, by any means, directly or indirectly, with the intention 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) referred to in Articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally.
Amendment 301 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
3. This offence shall apply, regardless of whether the person alleged to have committed the offence(s) is in the same country or a different country from the one in which the terrorist(s)/terrorist organisation(s) is located or the terrorist act(s) occurred or will occur.
Amendment 302 #
2015/0281(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in Article 3 and Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 307 #
2015/0281(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in Article 3 and Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 308 #
2015/0281(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Drawing up and using false administrative documents to committing a terrorist offence
Amendment 311 #
2015/0281(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that drawing up and using false administrative documents with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 and article 9 is punishable as a criminal offence when committed intentionally.
Amendment 322 #
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 355 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Each Member State shall take the measures required to establish its jurisdiction in respect of the offences referred to in Article 4 in cases where the perpetrator is present on its territory.
Amendment 356 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. When an offence falls within the jurisdiction of more than one Member State and when any of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States mayshall have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their action. Sequential account shall be taken of the following factors:
Amendment 364 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Amendment 365 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Exchanges of information and cooperation concerning terrorist offences 1. Member States shall systematically flag up in the Schengen Information System any person who is suspected of having committed or who has been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive. 2. Member States shall systematically forward to Europol details of any person who is suspected of having committed or who has been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive.
Amendment 368 #
2015/0281(COD)
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Amendment 369 #
2015/0281(COD)
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Article 21b PNR information exchanges Member States shall exchange all PNR data concerning persons who are suspected of having committed or who have been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive.
Amendment 370 #
2015/0281(COD)
Proposal for a directive
Article 21 c (new)
Article 21 c (new)
Article 21c Without prejudice to their own investigations or proceedings, the competent authorities of a Member State shall, without prior request, forward to the competent authority of another Member State information obtained within the framework of their own investigations, if the disclosure of such information can assist the Member State receiving the information in initiating or carrying out investigations or proceedings. The Member State providing the information may, pursuant to its national law, impose conditions on the use of such information by the Member State receiving the information. This Member State shall be bound by those conditions;
Amendment 373 #
2015/0281(COD)
Proposal for a directive
Article 21 d (new)
Article 21 d (new)
Article 21d The convicting Member State shall timely store criminal record information on convictions handed down on its territory, including fingerprints, against a national of another Member States, in the ECRIS database. Member State shall ensure the confidentiality and integrity of criminal record information transmitted to other Member States. Where appropriate, the Commission shall make a legislative proposal to amend this paragraph and align it with the future directive amending Council framework Decision 2009/315/JHA, as regards the ECRIS, and replacing Council Decision 2009/316/JHA.
Amendment 374 #
2015/0281(COD)
Proposal for a directive
Article 21 e (new)
Article 21 e (new)
Article 2e Member States shall make financial investigation an automatic component of all Counter-Terrorist investigations and share relevant financial intelligence information among all relevant actors.
Amendment 428 #
2015/0281(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall, by [24 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive. and of the effectiveness of the actions that member state have taken in terms of achieving the objective of this directive. On the basis of this evaluation, the Commission shall decide on the appropriate follow-up;
Amendment 432 #
2015/0281(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall, by [48 months after the deadline for implementation of this Directive], and every two years, submit a report to the European Parliament and to the Council, assessing the impact on fundamental rights, proportionality, the effectiveness and added value of this Directive on combating terrorism. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA.
Amendment 40 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 52 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 67 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 81 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a seriousparticular threats to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit. It is therefore appropriate to ensure adequate controls with regards to the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 94 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 111 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 117 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The definition of the term "firearm" should be clarified and the control of essential components enhanced by including in the definition any device which shares an essential component with a firearm. An essential component contained in any such device should be considered capable of being used in a firearm when the essential component can be transferred from that device to the firearm without substantial modification.
Amendment 123 #
2015/0269(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The definition of the term "firearm" under Directive 91/477/EEC should continue to exclude objects which expel a shot, bullet or projectile by the action of a non-combustible propellant, for example through the operation of compressed air or another gas, including so-called airsoft devices and airgun devices, as well as objects which merely have the appearance of a firearm (replicas, imitations), provided in both cases that such objects cannot be converted to a firearm or do not contain an essential component which is capable of being used in a firearm. Member States should be able to regulate such objects under their national law.
Amendment 136 #
2015/0269(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Essential components should be defined as those components which are necessary for the operation of a firearm and are constructed to withstand high pressure of firing. Accessories, such as devices designed or adapted to diminish the sound caused by firing a firearm, should not fall within the definition of an essential component, as the firearm can still be operated without them.
Amendment 138 #
2015/0269(COD)
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) It should be specified that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, provided that it affects the category of such a firearm or ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This will not prevent, where allowed by national law, private persons from preparing ammunition or from modifying non-essential components of firearms for personal use.
Amendment 142 #
2015/0269(COD)
Proposal for a directive
Recital 3 e (new)
Recital 3 e (new)
(3e) Member States should lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A. Such requirements could include, where appropriate, measures ensuring real-time monitoring, as well as requirements to maintain essential components and ammunition in safe storage separate from the firearms in which they can be used.
Amendment 152 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) are at least 18 years of age, except in relation to the acquisition other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;
Amendment 173 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 178 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In cases where Member States consider it necessary for public security purposes, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition.
Amendment 183 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 186 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, dDeactivated firearms should not be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to fire if they have been deactivated in accordance with Implementing Regulation (EU) 2015/2403 or in accordance with prior national standarmds of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of thoseand procedures recognised as resulting in the firearms being rendered permanently unfit for use, inoperable and incapable of being converted into functioning firearms.
Amendment 194 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only, except with respect to dealers and brokers and shall, be subject to the strict control of the Member States.
Amendment 197 #
2015/0269(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, there is good cause. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, various scientific, technical or testing activities, or self-defence and re-enactment of historical events, filmmaking or historical study can constitute good cause.
Amendment 205 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensurincrease the traceability of deactivated firearms, they should be registered in national registriesfirearms and essential components and to facilitate their free movement, the provisions of Directive 91/477/EEC should be clarified to ensure that both an assembled firearm and all essential components, whether included in an assembled firearm or not, are marked irremovably, without delay, at the time of their being manufactured or imported, unless the firearm has been deactivated in accordance with that Directive.
Amendment 231 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in There is a risk that any firearms converted to firing blanks, irritants, other absective substances of conversion to category "A", certain semi-automatic firearms may be very dangerous whenr pyrotechnic ammunition can be converted back in such a way as to make theirm capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian useble of firing live ammunition. Such firearms should therefore remain in the categories in which they were classified prior to their conversion.
Amendment 245 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 7
Annex I – part II – point A – Category A – point 7
Amendment 255 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point ii
Article 1 – paragraph 1 – point 13 – point a – point ii
Amendment 287 #
2015/0269(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Objects, that have the physical appearance of a firearm ("replica"), but are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combusted propellant, should not be covered by this Directive.
Amendment 304 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point -a a (new)
Article 1 – point 1 – point -a a (new)
Directive 91/477/EEC
Article 1 – paragraph 1a
Article 1 – paragraph 1a
(-a) Article 1(1a) is deleted.
Amendment 309 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, chamber, body, frame, or receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other locking and cartridge-head supporting mechanism for containing the pressure of discharge at the rear of the chamber of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 331 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer, his agents and representatives, whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms, their parts and ammunition.
Amendment 360 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1– paragraph 1h
Article 1– paragraph 1h
Amendment 388 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, including modification or conversion, trade, exchange, hiring out, or repair or conversion of parts of firearmf essential components;
Amendment 408 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forcesnational defence forces, encompassing all units and persons under their command or in their reserves, including the military, the police, or other public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 423 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any assembled firearm or part placed on the market has been markedessential component, when manufactured or imported, has been marked without delay with an irremovable mark and registered in compliance with this Directive, or that it has been deactivated in accordance with the provisions implementing Article 10b and registered in compliance with this Directive.
Amendment 447 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and each essential component, Member States shall, at the time of manufacture of each firearm or at the time of import and each essential component, or at the time of its being manufactured or imported into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 468 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed to the frame or receiver of the firearm.
Amendment 470 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
For the purposes referred to in the first subparagraph, Member States may choose to apply the provisions of the United Nations Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 476 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government. Firearms classified in category A must first have been deactivated in accordance with the provisions implementing Article 10b or converted to semi-automatic firearms, save in the case of transfers in accordance with authorisations granted pursuant to the first or the second subparagraph of Article 6.
Amendment 510 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 540 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1a (new)
Article 5 – paragraph 1a (new)
1a. Member States shall establish rules on appropriate storage of firearms, their essential components and ammunition, including when under transport, ensuring a level of security proportionate to the risk of unauthorised access and to the nature and category of the firearms concerned.
Amendment 581 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to Article 2(2), Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy or deactivate those firearms and ammunition held in violation of this provision and seized. A competent authority of a Member State may under strict conditions grant authorisation for such firearms and ammunition provided that there is a legitimate purpose and provided that such authorisation is not contrary to public security, public order or national defence.
Amendment 604 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired beforchoose to grant authorisations to legal or natural persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes and recognised as such by the Member State in whose territory they are for firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)at measures are in place to address any risks to public security or public order and that the firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 675 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 10
Article 10
(7a) Article 10 is replaced by the following: "The arrangements for the acquisition and possession of ammunition shall be the same as those for the possession of the firearms for which the ammunition is intended. The acquisition and possession of ammunition shall be permitted only for persons who are allowed to possess a firearm of a respective category."
Amendment 706 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purposes of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on theby electronic means via a data-exchange platform or interoperable data-exchange platforms to be operational by ... [insert date], including information on authorisations granted for the transfers of firearms to another Member State as well as information with regard to refusals to grant authorisations as defined in Article 7. The Member States shall, upon request by another Member State, exchange information relevant to an assessment of the criminal history, if any, of persons who apply for or who have been granted exceptions pursuant to Article 6 or authorisations pursuant to Article 7. That information shall include the entire text of the corresponding judicial decision or decision of a relevant public authority.
Amendment 717 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusalsor refused for the transfer of firearms to another Member State. The Commission shall adopt the first such delegated act by ... [insert date].
Amendment 749 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms and which can be reconverted into automatic firearms using conventional tools or simply by the modification or replacement of parts other than essential components, provided that the technical conversion procedure was not previously authorised by a relevant authority of a Member State and provided that the converted firearm in question was inspected and marked;
Amendment 774 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
7. Semi-automatic firearms for civilian use which resemble weapons withwhich have been converted into automatic mechanisfirearms;
Amendment 783 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
8. FAny firearms under points 1 to 3 and 6 to 7 after having been deactivatedconverted to firing blanks, irritants, other active substances or pyrotechnical ammunition.
Amendment 791 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 804 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm previously classified under points 1 to 7 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition."
Amendment 814 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alny firearm aund signal weapons, salute and acoustic weapons as well as replicaser points 1 to 4 after having been converted to firing blanks, irritants, other active substances or pyrotechnic ammunition;
Amendment 820 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/447/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 828 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii a (new)Directive 91/477/EEC
Article 1 – point 13 – point a – point iii a (new)Directive 91/477/EEC
Annex I – part II – point A – category D
Amendment 834 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
(a) point (a) is deleted; replaced by the following: "(a) have been rendered permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or modification in a way that would permit the firearm to be reactivated in any way, provided that such deactivation has been done: (i) in accordance with the provisions implementing Article 10b(1); or (ii) pursuant to prior national standards and procedures for deactivation recognised under Article 10b(2); or (iii) prior to 8 April 2016 such that a slot has been cut through the chamber wall of a minimum of 4mm width and into the barrel along at least 50% of the barrel length and the barrel has been securely pinned or welded to the receiver/frame, and conversion to expel a shot, bullet or projectile by the action of a combustible propellant is not possible; or (iv) prior to 8 April 2016 and the deactivated object is not transferred to another Member State or placed on the market by a dealer or broker";
Amendment 836 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point b
Article 1 – point 14 – point b
Directive 91/477/EEC
Annex I – part III – point b
Annex I – part III – point b
are designed for alarm, signalling, life- saving, animal slaughter or harpoon fishing or, for industrial or technical purposes provided that they can be used for the stated purpose only, or to only be capable of expelling a shot, bullet or projectile by the action of compressed air or other gas not generated by the action of a combusted propellant, or are designed as airsoft devices or airgun devices of any description from which only a small missile with limited energy can be discharged, provided that they can be used for the stated purpose only and are not capable of being converted in such a way as to render them capable of expelling a shot, bullet or projectile by the action of a combusted propellant;
Amendment 132 #
2015/0226(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is essential that competent authorities work closely together to ensure a common and consistent understanding of the STS requirements throughout the Union and to address potential interpretation issues. In the light of this objective, the three ESAs should, in the framework of the Joint Committee of the European Supervisory Authorities within which a new securitisation committee shall be set up, coordinate their work and that of the competent authorities to ensure cross- sectoral consistency and assess practical issues which may arise with regards to STS securitisations. In doing so, the views of market participants should also be requested and taken into account to the extent possible. The outcome of these discussions should be made public on the websites of the ESAs so as to help originators, sponsors, SSPEs and investors assess STS securitisations before issuing or investing in such positions. Such a coordination mechanism would be particularly important in the period leading to the implementation of this Regulation.
Amendment 146 #
2015/0226(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ability of investors to exercise due diligence and thus make an informed assessment of the creditworthiness of a given securitisation instrument depends on their access to information on those instruments.. Based on the existing acquis, it is important to create a comprehensive system under which investors will have access to all the relevant information over the entire life of the transactions and to reduce originators,’ and sponsors and SSPEs' reporting tasks and to facilitate investors' continuous; easy and free access to reliable information on securitisations.
Amendment 150 #
2015/0226(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Originators, and sponsors and SSPE's should make all materially relevant data on the credit quality and performance of underlying exposures available in the investor report, including data allowing investors to clearly identify delinquency and default of underlying debtors, debt restructuring, debt forgiveness, forbearance, repurchases, payment holidays, losses, charge offs, recoveries and other asset performance remedies in the pool of underlying exposures. Data on the cash flows generated by underlying exposures and by the liabilities of the securitisation issuance, including separate disclosure of the securitisation position’s income and disbursements, that is scheduled principal, scheduled interest, prepaid principal, past due interest and fees and charges and any data relating to the breach of any triggers implying changes in the priority of payments or replacement of any counterparties as well as data on the amount and form of credit enhancement available to each tranche should also be made available in the investor report. Although securitisations that are simple, transparent and standardised have in the past performed well, the satisfaction of any STS requirements does not mean that the securitisation position is free of risks, nor does it indicate anything about the credit quality underlying the securitisation. Instead, it should be understood to indicate that a prudent and diligent investor will be able to analyse the risks involved in the securitisation. There should be two types of STS requirements: one for long-term securitisations and one for short-term securitisations (ABCP), which should be subject to a large extent to similar requirements with specific adjustments to reflect the structural features of these two market segments. The functioning of these markets are different with ABCP programmes relying on a number of ABCP transactions consisting of short term exposures which need to be replaced once matured. In addition, STS criteria need also to reflect the specific role of the sponsor providing liquidity support to the ABCP conduits.
Amendment 154 #
2015/0226(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To ensure that investors perform robust due diligence and to facilitate the assessment of underlying risks, it is important that securitisation transactions are backed by pools of exposures that are homogenous in asset type, such as pools of residential loans, pools of commercial loans, leases and credit facilities to undertakings of the same category to finance capital expenditureproperty loans to individuals, property loans secured on commercial property, consumer loans made to individuals for personal, family or household consumption purposes, financial contracts for business operations, pools of auto loans and leases to borrowers or lessees or loans and pools of credit facilities to individuals for personal, family or household consumption purposthe purpose of financing the purchase of a motor vehicle (including loans, leases and hire purchase contracts), loans entered into with motor dealers to fund the purchase or retention of stock, loans to SMEs, loans to corporate entities (excluding SMEs), trade receivables and equipment leases (excluding leases of cars, vans, trucks and motorbikes).
Amendment 161 #
2015/0226(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Where a securitisation no longer meets the STS requirements, the originator, and sponsor and SSPE should immediately notify ESMA. Moreover, where a competent authority has imposed administrative sanctions or remedial measures with regard to a securitisation notified as being STS, that competent authority should immediately notify ESMA for its indication on the STS notifications list allowing investors to be informed about such sanctions and about the reliability of STS notifications. It is therefore in the interest of originators, and sponsors and SSPE's to make well-considered notifications due to reputational consequences.
Amendment 163 #
2015/0226(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Investors should perform their own due diligence on investments commensurate with the risks involved but they should be able to rely on the STS notifications and on the information provided by the originator, and sponsor and SSPE on STS compliance. They should not, however, solely and mechanistically rely on such a notification, nor on the information provided by the originator and sponsor.
Amendment 165 #
2015/0226(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The involvement of third parties in helping to check compliance of a securitisation with the STS requirements may be useful for investors, originators, sponsors and SSPE's and could contribute to increase confidence in the market for STS securitisations. Originators and sponsors should also use the services of a third party authorised in accordance with this Regulation to assess whether their securitisation complies with the STS criteria. Such bodies must be subject to regulatory oversight. The notification to ESMA and the subsequent publication on ESMA's website should mention that STS compliance was confirmed by an authorised third-party. However, it is essential that investors make their own assessment, take responsibility for their investment decisions and do not mechanistically rely on such third parties.
Amendment 176 #
2015/0226(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) For securitisation positions outstanding as of the date of entry into force of this Regulation, originators, sponsors and SSPEs may use the designation 'STS' provided that the securitisation complies with the STS requirements. Therefore, originators, sponsors and SSPEs should be able to submit an STS notification pursuant to Article 14 (1) of this Regulation to ESMA. Any subsequent modifications to the securitisation should be accepted provided that it meets all of the applicable STS requirements.
Amendment 185 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'Securitisation Special Purpose Entity' or 'SSPE' means a corporation, trust or other legal entity, other than an originator or sponsor, established for the purpose of carrying out one or more securitisations, the activities of which are limited to those appropriate to accomplishing that objective, the structure of which is intended to isolate the obligations of the SSPE from those of the originator, and in which the holders of the beneficial interests have the right to pledge or exchange those interests without restriction; An exposure that meets the criteria listed in points (a) to (c) of Article 147(8) of Regulation (EU) No 2013/575 and is used to operate physical assets shall not be considered an exposure to a securitisation.
Amendment 187 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b a (new)
Article 2 – paragraph 1 – point 3 – point b a (new)
(b a) By derogation from points (a) and (b), in the case of a fully-supported ABCP programme, institutional investors in the relevant commercial papers shall consider the features of the ABCP programme and the liquidity support by the sponsor
Amendment 188 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 're-securitisation' means securitisation where the risk associated with an underlying pool of exposures is tranched and at least one of the underlying exposures is a securitisation position;
Amendment 189 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'sponsor' means a credit institution or investment firm as defined in Article 4(1) points (1) and (2) of Article 4(1) of Regulation (EU) No 2013/575575/2013 or a third-country credit institution or a third country investment firm provided the third country applies prudential and supervisory requirements to that entity that are at least equivalent to those applied in the Union, other than an originator or original lender, that establishes and manages an asset-backed commercial paper programme or other securitisation transaction or scheme that purchases exposures from third-party entities;
Amendment 190 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'sponsor' means a credit institution or investment firm as defined in Article 4(1) points (1) and (2) of Regulation (EU) No 2013/575 other than an originator that establishes and manages an asset-backed commercial paper programme or other securitisation transaction or scheme that purchases exposures from third-party entities. For the purpose of this definition, a sponsor shall also be considered to manage a securitisation transaction or scheme where that transaction or scheme involves day-to-day active portfolio management which is delegated to an entity authorised to perform such activity in accordance with Directive 2014/65/EU, Directive 2011/61/EU or Directive 2009/65/EC;
Amendment 203 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) 'investor' means a person holding a securities resulting from a securitisasation position;
Amendment 206 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18 a) 'balance sheet securitisation' means a securitisation transaction structured by an institution to transfer the risk of exposures originated by the institution itself or one of its affiliates in the banking book off its balance sheet, where the transfer of risk is achieved by the use of credit derivatives or guarantees and the exposures being securitised remain exposures of the originator institution.
Amendment 208 #
2015/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18 a) 'securitisation position' means a credit-risk exposure to a securitisation;
Amendment 215 #
2015/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. An institutional investor shall verify before becoming exposed to a securitisation position that:
Amendment 222 #
2015/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the originator, sponsor and SSPE, where applicable, make available the information required by Article 5 of this Regulation in accordance with the frequency and modalities provided in that Article;
Amendment 224 #
2015/0226(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Before becoming exposed to a securitisation position, institutional investors shall also carry out a due diligence assessment commensurate with the risks involved including at least the following aspects:
Amendment 225 #
2015/0226(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(b a) By derogation from points (a) and (b), in the case of a fully-supported ABCP programme, institutional investors in the relevant commercial papers shall consider the features of the ABCP programme and the liquidity support by the sponsor
Amendment 228 #
2015/0226(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Institutional investors that are exposed to a securitisation position shall at least:
Amendment 232 #
2015/0226(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(b a) in the case of fully-supported ABCP transactions, regularly perform stress tests on the creditworthiness of the liquidity facility provider rather than on the securitised exposures;
Amendment 234 #
2015/0226(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Where an institutional investor has given another institutional investor authority to make investment management decisions that might expose it to a securitisation position, the institutional investor may instruct that managing party to fulfil its obligations under this Article in respect of any exposure to a securitisation arising from those decisions. Member States shall ensure that where an institutional investor is instructed under this paragraph to fulfil the obligations of another institutional investor and fails to do so, any sanction that may be imposed for the purposes of Article 17 and 18 of this Regulation can be imposed on the managing institutional investor and not the institutional investor who is exposed to the securitisation.
Amendment 241 #
2015/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The originator, sponsor or the original lender of a securitisation shall retain on an ongoing basis a material net economic interest in the securitisation of not less than 5 %, which shall be measured at the origination and shall be determined by the notional value for off-balance sheet items. Where the originator, sponsor or the original lender have not agreed between them who will retain the material net economic interest, the originator shall retain the material net economic interest. There shall be no multiple applications of the retention requirements for any given securitisation. The material net economic interest shall be measured at the origination and shall be determined by the notional value for off-balance sheet items. The material net economic interest shall not be split amongst different types of retainers and not be subject to any credit risk mitigation or hedging.
Amendment 280 #
2015/0226(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The originator, sponsor and SSPE of a securitisation shall, in accordance with paragraph 2, make at least the following information available to holders of a securitisation position and to the competent authorities referred to in Article 15 of this Regulation. In the case of ABCP, the information described in points (a), (c)(ii) and (e)(i) shall be made available in aggregate form to holders of securitisation position. In the case of a fully supported ABCP programme within the meaning of Article 2(21), no transaction documentation shall be disclosed to investors.
Amendment 281 #
2015/0226(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The originator, and sponsor and SSPE of a securitisation shall, in accordance with paragraph 2, make at least the following information available to holders of a securitisation position and to the competent authorities referred to in Article 15 of this Regulation.
Amendment 283 #
2015/0226(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) information on the exposures underlying the securitisation on a quarterly basis, or, in the case of ABCP, summary information on the underlying receivables or credit claims on a monthly basis;. Summary information on the underlying receivable or credit claims shall be general information at the program level regarding the types of exposures transferred to the ABCP conduit and other information relating to each category of exposures. It shall not be information relating to individual exposures. The originator, sponsor or SSPE may provide additional information beyond the requirements in this Article if they wish to do so, including in the case of ABCP.
Amendment 289 #
2015/0226(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e – point i
Article 5 – paragraph 1 – point e – point i
(i) all materially relevant data on the credit quality and performance of underlying exposures. In the case of ABCP this data may be general data by category of assets;
Amendment 295 #
2015/0226(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g – point v – paragraph 4 a (new)
Article 5 – paragraph 1 – point g – point v – paragraph 4 a (new)
Originators and sponsors should comply with the provisions in this article to the extent permissible under relevant national and Union law governing the processing of personal data and confidentiality of information.
Amendment 299 #
2015/0226(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The originator, and sponsor and SSPE of a securitisation shall designate amongst themselves one entity to fulfil the information requirements pursuant to paragraph 1. The originator, and sponsor and SSPE shall ensure that the information is available free of charge to the holder of a securitisation position and competent authorities, in a timely and clear manner. The entity designated to fulfil the requirements set out in paragraph 1 shall make the information available by means of a website which shall;
Amendment 301 #
2015/0226(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) the information that the originator, sponsor and SSPE shouldall provide in order to comply with their obligations under paragraph 1oints (a) and (de) of paragraph 1 and the format thereof by means of standardised templates taking into account the usefulness of information for the holder of the securitisation position, whether the securitisation position is of a short term nature and, in the case of an ABCP transaction, whether it is fully supported by a sponsor;
Amendment 303 #
2015/0226(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) the information that the originator, and sponsor and SSPE should provide to comply with their obligations under paragraph 1(a) and (d) and the format thereof by means of standardised templates;
Amendment 313 #
2015/0226(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Originators, and sponsors and SSPE's shall use the designation "STS" or a designation that refers directly or indirectly to these terms for their securitisation only where the securitisation meets all the requirements of Section 1 or Section 2 of this Regulation, and they have notified ESMA pursuant to Article 14 (1).
Amendment 320 #
2015/0226(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Securitisations, except ABCP securitisations, that meet the requirements in Article 7(a) or the requirements in Articles 8, 9 and 10 of this Regulation shall be considered 'STS'.
Amendment 324 #
2015/0226(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Securitisations, excluding ABCP programmes and transactions, sold to investors after 1 January 2011 and before the date of entry into force of this Regulation will, from the time they are the subject of a notification pursuant to Article 14(1), be considered "STS" provided that: (a) they met at the time of issuance, the requirements set out in Article 8(1) to (5) and (7) to (9) and Article 9(1) and (3); (b) they meet, from the time of the Article 14(1) notification, the requirements set out in Article 8(2), (6), Article 9(2), (4) to (8) and Article 10(1) to (4).
Amendment 325 #
2015/0226(COD)
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
(1) Upon notification by a national competent authority or ESMA to the relevant originator or sponsor of a securitisation that was the subject of notification in accordance with Article 14(1) that the notifying entity is not satisfied that such a securitisation continues to meet the STS requirements, the originator or sponsor shall have two months from the date of such a notification to remedy the situation to the satisfaction of the notifying authority and shall make investors aware of the notification. (2) During the two month period following a notification by a national competent authority or ESMA in accordance with Article 7(1b)(1) the securitisation that was the subject of such notification shall not lose its STS- compliant status. (3) If, within two months of the notification referred to in Article 7(1b) (1), the situation has been remedied to the satisfaction of the relevant competent authority, then such a securitisation shall continue to be deemed STS-compliant. (4) Notwithstanding the provisions in Article 7(1b) (2) and 7(1b) (3), if the competent authority deems that the retention of STS-compliant status would put at risk the integrity of the STS label, or financial stability, it is authorised to remove the STS status of the securitisation. (5) The provisions of this article shall not limit the rights to impose any sanctions envisaged in Articles 17 and 18.
Amendment 330 #
2015/0226(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The securitisation shall be backed by a pool of underlying exposures that are homogeneous in terms of asset type. Residential property loans to individuals, property loans secured on commercial property, consumer loans made to individuals for personal, family or household consumption purposes, financial contracts for the purpose of financing the purchase of a motor vehicle (including loans, leases and hire purchase contracts), loans entered into with motor dealers to fund the purchase or retention of stock, loans to SMEs, loans to corporate entities (excluding SMEs), trade receivables and equipment leases (excluding leases of cars, vans, trucks and motorbikes) should be understood as being homogeneous. A pool of underlying exposures shall only comprise one asset type. The underlying exposures shall be contractually binding and enforceable obligations with full recourse to debtors, with defined periodic payment streams relating to rental, principal, interest payments, or related to any other right to receive income from assets warranting such payments. The underlying exposures shall not include transferable securities, as defined in Directive 2014/65/EU.
Amendment 358 #
2015/0226(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The originator, and sponsor, and SSPE shall provide access to data on static and dynamic historical default and loss performance, such as delinquency and default data, for substantially similar exposures to those being securitised to the investor before investing. Those data shall cover a period no shorter than seven years for non-retail exposures and five years for retail exposures. The basis for claiming similarity shall be disclosed.
Amendment 361 #
2015/0226(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The originator or sponsor shall providmake available a liability cash flow model to investors, both before the pricing of the securitisation and on an ongoing basis.
Amendment 364 #
2015/0226(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The originator, and sponsor and SSPE shall be jointly responsible for compliance with Article 5 of this Regulation and shall makebe responsible for ensuring that all information required by Article 5(1) (a) is made available to potential investors before pricing. The originator, and sponsor and SSPE shall makeshall be responsible for ensuring that the information required by Article 5 (1) (b) to (e) is made available before pricing at least in draft or initial form, where permissible under Article 3 of Directive 2003/71/EC. The originator, and sponsor and SSPE shall makeshall be responsible for ensuring that the final documentation is made available to investors at the latest 15 days after closing of the transaction.
Amendment 370 #
2015/0226(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
An ABCP securititransactions shall be considered 'STS' where ithe ABCP programme complies with the transaction level requirements in Article 13 of this Regulation and all transactions within that ABCP programme fulfil2. An ABCP programme shall be considered STS where it complies with the requirements in Article 123.
Amendment 373 #
2015/0226(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A transaction within an ABCP programme shall meet the requirements of Section 1 of this Chapter, except for Articles 7, Article 8 (4) and (6), Article 9 (3), (4), (5), (6) and (8) and Article 10 (3)this Article to be considered STS. For the purposes of this Section, the terms "originator" and "original lender" under Article 8(7) shall be considered the seller.
Amendment 374 #
2015/0226(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The repayment of the holders of the securitisation positions shall not depend, predominantly, on the sale of assets securing the underlying exposures. This shall not apply to assets the value of which is guaranteed or fully mitigated by an effective commitment by the seller or another third party to repurchase or refinance the asset securing the underlying exposure at a fixed amount. This shall not prevent such assets from being subsequently rolled-over or refinanced.
Amendment 378 #
2015/0226(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Transactions within an ABCP programme shall be backed by a pool of underlying exposures that are homogeneous in terms of asset type and shall have a remaining weighted average life of no more than twohree years and none shall have a residual maturity of longer than threesix years. The underlying exposures shall not include loans secured by residential or commercial mortgages or fully guaranteed residential loans, as referred to in paragraph 1(e) of Article 129 of Regulation (EU) No 575/2013. The underlying exposures shall contain contractually binding and enforceable obligations with full recourse to debtors with defined payment streams relating to rental, principal, interest, or related to any other right to receive income from assets warranting such payments. The underlying exposures shall not include transferable securities, as defined in Directive 2014/65/EU.
Amendment 381 #
2015/0226(COD)
Proposal for a regulation
Article 12 – paragraph 6 – point c
Article 12 – paragraph 6 – point c
Amendment 382 #
2015/0226(COD)
Proposal for a regulation
Article 12 – paragraph 7 – point d – paragraph 1
Article 12 – paragraph 7 – point d – paragraph 1
The sponsor shall perform its own due diligence and verify that the seller meets sound underwriting standards, servicing capabilities and collection processes that meet the requirements specified in points (i) to (m) of Article 259 (3) of Regulation (EU) No 575/2013 or equivalent requirements in third countries.
Amendment 384 #
2015/0226(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a The originator, sponsor, and SSPE shall provide access to data on static and dynamic historical default and loss performance, such as delinquency and default data, for exposures substantially similar to those being securitised to the holders of the securitisation position. Where the sponsor does not have access to such data, it shall obtain from the seller access to data on a static or dynamic basis, historical performance, such as delinquency and default data, for exposures substantially similar to those being securitised. Those data shall cover a period no shorter than five years, except for trade receivables and other short term receivables for which the historical period shall be no shorter than a period of three years. The sources of the data and the basis for claiming similarity shall be disclosed.
Amendment 389 #
2015/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. All70 % of the ABCP transactions within an ABCP programme, as measured by the volume of securitised exposures, shall fulfil the requirements of Article 12 of this Rregulation.
Amendment 391 #
2015/0226(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The sSecurities issued by an ABCP programme sthall not include call options, extension clauses or other clauses at the discretion of the originator, sponsor or SSPE, that have an effect on their final maturity shall not be regarded STS.
Amendment 392 #
2015/0226(COD)
Proposal for a regulation
Article 13 – paragraph 7 – point a
Article 13 – paragraph 7 – point a
Amendment 394 #
2015/0226(COD)
Proposal for a regulation
Article 13 – paragraph 7 – point b
Article 13 – paragraph 7 – point b
Amendment 398 #
2015/0226(COD)
Proposal for a regulation
Article 13 – paragraph 7 – point e
Article 13 – paragraph 7 – point e
Amendment 403 #
2015/0226(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. The originator, and sponsor and SSPE shall be jointly responsible for compliance at ABCP programme level with Article 5 of this Regulation and shall makeensure that all information required by Article 5(1) (a) is made available to potential investors before pricing. The originator, and sponsor and SSPE shall makeshall ensure that the information required by Article 5 (1) (b) to (e) is made available before pricing at least in draft or initial form, where permissible under Article 3 of Directive 2003/71/EC. The originator, and sponsor and SSPE shall makeshall ensure that the final documentation is made available to investors at the latest 15 days after closing of the transaction
Amendment 410 #
2015/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Originators, and sponsors and SSPE's shall jointly notify ESMA by means of the template referred to in paragraph 5 of this Article that the securitisation meets the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation ('STS notification'). ESMA shall publish the STS notification on its official website pursuant to paragraph 4. They shall also inform their competent authority. The originator, and sponsor and SSPE of a securitisation shall designate amongst themselves one entity to be the first contact point for investors and competent authorities.
Amendment 414 #
2015/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The originator and sponsor shall use the service of a third party authorized in accordance with Article 14a to assess whether a securitisation complies with the criteria in Articles 7-10 or 11-13, the STS notification shall include a statement that the compliance with the STS criteria was confirmed by that third party. The notification shall include the name of the authorised third party, its place of establishment and the name of the competent authority that authorised it.
Amendment 418 #
2015/0226(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 421 #
2015/0226(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The originator, and sponsor and SSPE shall immediately notify ESMA and their competent authority when a securitisation no longer meets the requirements of either Articles 7 to 10 or Articles 11 to 13 of this Regulation.
Amendment 425 #
2015/0226(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. ESMA shall maintain a list of all securitisations for which the originators, and sponsors and SSPEs have notified that they meet the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation on its official website. ESMA shall update the list where the securitisations are no longer considered to be STS following a decision of competent authorities or a notification by the originator, or sponsor or SSPE. Where the competent authority has imposed administrative sanctions or remedial measures in accordance with Article 17, it shall immediately notify ESMA thereof. ESMA shall immediately indicate on the list that a competent authority has imposed administrative sanctions or remedial measures in relation to the securitisation concerned.
Amendment 427 #
2015/0226(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
ESMA, in close cooperation with EBA and EIOPA, shall develop draft regulatory technical standards that specify the information that the originator, and sponsor and SSPEmust provide to comply with their obligations under paragraph 1, and shall provide the format by means of standardised templates.
Amendment 429 #
2015/0226(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 433 #
2015/0226(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. For entities not covered by the Union legislative acts referred to in paragraph 3, Member States shall designate one or more competent authority to ensure compliance with Articles 4 to 14 of this Regulation. Member States shall inform the Commission, ESMA, EBA and EIOPA and the competent authorities of other Member States of the designation of competent authorities pursuant to this paragraph. This obligation shall not apply with regard to corporates selling exposures under an ABCP programme or another securitisation transaction or scheme.
Amendment 435 #
2015/0226(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The competent authority shall regularly review the arrangements, process and mechanisms implemented by originators, sponsors, SSPE's and original lenders to comply with this Regulation.
Amendment 437 #
2015/0226(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Competent authorities shall ensurequire that risks arising from securitisation transactions, including reputational risks, are evaluated and addressed through appropriate policies and procedures of originators, sponsors, SSPE's and original lenders.
Amendment 445 #
2015/0226(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) an originator, or sponsor and SSPE have failed to meet the requirements of Article 5;
Amendment 447 #
2015/0226(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1
Article 17 – paragraph 1 – point c – paragraph 1
an originator, or sponsor and SSPE have failed to meet the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation .
Amendment 448 #
2015/0226(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1 a (new)
Article 17 – paragraph 1 – point c – paragraph 1 a (new)
an originator or sponsor, in contravention of Article 6 of this Regulation, uses the designation 'STS' for their securitisation, other than while the securitisation meets all the requirements of either Articles 7 to 10 or Articles 11 to 13 of this Regulation;
Amendment 449 #
2015/0226(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1 b (new)
Article 17 – paragraph 1 – point c – paragraph 1 b (new)
an originator or sponsor makes a misleading notification pursuant to Article 14(1) of this Regulation.
Amendment 459 #
2015/0226(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. A specific Securitisation committee within the framework of the joint- committee of the European Supervisory Authorities shall be set up, within which competent authorities shall closely coordinate, in order to carry out their duties pursuant to Articles 16 to 19 of this Regulation.
Amendment 460 #
2015/0226(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Where a competent authority finds that this Regulation has been infringed or has reason to believe so, it shall inform the competent supervisorauthority of the originator, sponsor, original lender, SSPE or investor of its findings in a sufficient detailed manner. The competent authorities concerned shall closely coordinate their supervision andin order to ensure consistent decisions and the competent authority finding the infringement should notify ESMA.
Amendment 461 #
2015/0226(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where the infringement referred to in paragraph 3 concerns, in particular, an incorrect or misleading notification pursuant to Article 14 (1) of this Regulation, the competent authority finding that infringement shall also notify without delay ESMA, EBA and EIOPA of its findings.
Amendment 463 #
2015/0226(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. Upon reception of the information referred to in paragraph 3, the competent authority shall take any necessary action to address the infringement identified and notify the other competent authorities concerned, in particular those of the originator, the sponsor, SSPE and the competent authorities of the holder of a securitisation position, when known. In case of disagreement between the competent authorities, the matter may be referred to ESMA and the procedure of Article 19 and, where applicable, Article 20 of Regulation (EU) No 1095/2010 shall apply.
Amendment 469 #
2015/0226(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. In respect of securitisation positions outstanding as of ... [date of entry into force of this Regulation], originators, and sponsors and SSPEs may use the designation 'STS' or a designation that refers directly or indirectly to these terms only where the requirements set out in Article 6 of this Regulation are complied with.
Amendment 473 #
2015/0226(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. Until the moment that the regulatory technical standards to be adopted by the Commission pursuant to Article 5 (3) of this Regulation are of application, originators, and sponsors and SSPE's shall, for the purposes of the obligations set out in points (a) and (e) of Article 5 (1) of this Regulation, make the information mentioned by Annexes I to VIII of Commission Delegated Regulation (EU) No 2015/3 available to the website referred to in Article 5 (2).
Amendment 481 #
2015/0226(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
By [four... [three years after entry into force of this Regulation] the Commission shall present a report to the European Parliament and the Council on the functioning of this Regulation, accompanied, where appropriate, by a legislative proposal. The report shall take into consideration international developments in the area of securitisation, notably initiatives on simple, transparent and comparable securitisations, and assess whether an equivalence regime in the area of STS securitisations could be introduced for third country originators, sponsors and SSPEs.
Amendment 79 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 242 – paragraph 1 - point 20 (new)
Article 242 – paragraph 1 - point 20 (new)
(20) "Balance sheet securitisation" means balance sheet securitisation as defined in point 18a of Article 2 of Regulation (EU) .../... [Securitisation Regulation]
Amendment 86 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 paragraph 1 point aa (new)
Article 243 paragraph 1 point aa (new)
(aa) By derogation from point a, where the institution has been granted permission to use the Internal Assessment Approach in accordance with Article 265, the risk- weight that institution would assign to a liquidity facility that completely covers the ABCP issued under the programme is equal to or smaller than 100 %;
Amendment 90 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 1
Article 243 – paragraph 1 – point b – subparagraph 1
(b) the aggregate exposure value of all exposures to a single obligor at ABCP programme level does not exceed 1% of the aggregate exposure value of all exposures within the ABCP programme at the time the exposures were added to the ABCP programme. For the purposes of this calculation, loans or leases to a group of connected clients as referred to in Article 4(1) point (39), to the best knowledge of the sponsor, shall be considered as exposures to a single obligor.
Amendment 91 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 2
Article 243 – paragraph 1 – point b – subparagraph 2
In the case of trade receivables, point (b)the first subparagraph shall not apply where the credit risk of those trade receivables is fully covered by eligible credit protection in accordance with Chapter 4, provided that in that case the protection provider is an institution, an insurance undertaking or a reinsurance undertaking. For the purposes of this subparagraph, only the portion of the trade receivables remaining after taking into account the effect of any purchase price discount and overcollateralisation shall be used to determine whether they are fully covered and whether the concentration limit is met.
Amendment 92 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 2 a (new)
Article 243 – paragraph 1 – point b – subparagraph 2 a (new)
The same shall apply to securitised residual leasing values that are not exposed to refinancing or resell risk due to an effective undertaking by a third party to repurchase or refinance the exposure at a certain amount.
Amendment 96 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 2 – point b
Article 243 – paragraph 2 – point b
(b) at the time of inclusion in the securitisation, the aggregate exposure value of all exposures to a single obligor in the pool does not exceed 12 % of the exposure values of the aggregate outstanding exposure values of the pool of underlying exposures. For the purposes of this calculation, loans or leases to a group of connected clients, as referred to in point (39) of Article 4(1), shall be considered as exposures to a single obligor;
Amendment 97 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 2 – point c
Article 243 – paragraph 2 – point c
Amendment 106 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – introductory part
Article 244 – paragraph 2 – subparagraph 3 – introductory part
For the purposes of this paragraph 2, a position in amezzanine securitisation shall be considered a mezzanine securitisation position where it meetsposition means any position in the securitisation which meets all of the following requirements:
Amendment 107 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – point a
Article 244 – paragraph 2 – subparagraph 3 – point a
(a) it is subject to a risk weight lower than 1,250 % in accordance with this Section or, in the absence of a position with that risk weight, it is more senior than the first loss tranchesubsection 3 of section 3; and
Amendment 109 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – point b
Article 244 – paragraph 2 – subparagraph 3 – point b
(b) it is subordinated tomore junior than the senior securitisation position.
Amendment 138 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 254 – paragraph 3
Article 254 – paragraph 3
(3) By derogation from paragraph 2, point (b), institutions may use the SEC-SA instead of the SEC-ERBA in relation to all the posfor securitisation positions that fulfil all of the following conditions: (a) they hold in a securitisation whereare STS securitisation positions; (b) the securitisation position is neither the first loss tranche nor a mezzanine securitisation position as defined in Article 244(2), provided that, for those purposes, the requirement for a risk weight of 25 % or lower shall be calculated in accordance with the SEC- SA; (c) the risk-weighted exposure amounts resulting from the application of the SEC- ERBA in relation to that position is not commensurate to the credit risk embedded in the exposures underlying the securitisation. For the purpose of this point, "not commensurate" shall mean that the application of the SEC-ERBA leads to risk-weighted exposure amounts in excess of 25 % relative to SEC-SA. Where the institution has decided to apply the SEC-SA in accordance with this paragraph, it shall promptly notify the competent authority. Where an institution has applied the SEC- SA in accordance with this paragraph without undue delay. Upon receipt of the notification, the competent authority maycan require the institution to apply a different methodthe SEC-ERBA, in which case it shall notify its decision to the institution within three months of receipt of the notification.
Amendment 149 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 257 – paragraph 2
Article 257 – paragraph 2
Amendment 151 #
2015/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 257 – paragraph 4
Article 257 – paragraph 4
(4) Where an institution may become exposed to potential losses from the underlying exposures by virtue of contract, the institution shall determine the maturity of the securitisation position by taking into account the longestweighted–average maturity of such underlying exposures. FoThe same shall apply for securitisations of revolving exposures with an early amortisation trigger according to Article 12(6) of Regulation (EU) .../... (STS Regulation). For other revolving exposures, the longest contractually possible remaining maturity of the exposure that might be added during the revolving period shall apply.
Amendment 38 #
2015/0068(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) However, the efficient spontaneous exchange of information in respect of advance cross-border rulings and advance pricing arrangements is hindered by several important practical difficulties such as the discretion permitted to the issuing Member State to decide which other Member States should be informed and the weak monitoring system which makes it difficult for the Commission to identify any violation of the exchange information requirement.
Amendment 39 #
2015/0068(CNS)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Underlines that an efficient exchange and processing of tax information and the resulting peer pressure would have a strong deterrent effect against the introduction of harmful tax practices and would allow Member States and the Commission to have all the relevant information at their disposal in order to react against them.
Amendment 59 #
2015/0068(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) Member States should exchange the basic information to be communicated also with the Commission. This would enable the Commission at any point in time to monitor and evaluate the effective application of the automatic exchange of information on advance cross-border rulings and advance pricing arrangements and to ensure that rulings do not have a negative impact on the internal market. Such communication will not discharge a Member State from its obligations to notify any state aid to the Commission.
Amendment 73 #
2015/0068(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 86 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 14 – point a
Article 3 – point 14 – point a
(a) is given or published by, or on behalf of, the government or the tax authority of a Member State, or any territorial or administrative subdivisions thereof, to any personon which one or more person can rely;
Amendment 90 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 15 – subparagraph 1
Article 3 – point 15 – subparagraph 1
'advance pricing arrangement' means any agreement, communication or any other instrument or action with similar effects, including one issued in the context of a tax audit, given or published by, or on behalf of, the government or the tax authority of one or more Member States, including any territorial or administrative subdivision thereof, to any personon which one or more person can rely, that determines in advance of cross-border transactions between associated enterprises, an appropriate set of criteria for the determination of the transfer pricing for those transactions or determines the attribution of profits to a permanent establishment.
Amendment 116 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 2
Article 8a – paragraph 2
2. The competent authority of a Member State shall also communicate information to the competent authorities of all other Member States as well as to the European Commission on advance cross-border rulings and advance pricing arrangements issued within a period beginning ten years before the entry into force butthat are still valid on the date of entry into force of this Directive;
Amendment 117 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 2 a (new)
Article 8a – paragraph 2 a (new)
2a. Member State's tax administration shall publish anonymously the tax ruling and the advanced pricing agreement granted in their annual activity report. Other forms and more frequent publications are also possible.
Amendment 128 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point b a (new)
Article 8a – paragraph 5 – point b a (new)
(ba) the criteria used to determine the advance ruling or the advanced pricing arrangement, as well as the limitation in time of, if any, or the circumstances under which the decision can be revoked;
Amendment 141 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 9 a (new)
Article 8a – paragraph 9 a (new)
9a. Member States shall notify the Commission and other member states at an early stage about any relevant change in their tax ruling practice (application formalities, decision process, etc.);
Amendment 142 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 9 b (new)
Article 8a – paragraph 9 b (new)
9b. Member states' tax authorities shall notify the Commission and other member states about any relevant changes to their corporate taxation law (introduction of a new allowance, relief, exception, incentive or similar measure etc.) that could have an impact on their effective tax rates or on any other Member State's tax revenue;
Amendment 144 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8b – paragraph 1
Article 8b – paragraph 1
1. Before 1 October 2017, Member States shall provide the Commission on an annual basis with statistics on the volume of automatic exchanges under Articles 8 and 8a, the types of ruling granted, and, to the extent possible, with information on the administrative and other relevant costs and benefits relating to exchanges that have taken place and any potential changes, for both tax administrations and third parties.;
Amendment 163 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission shall develop a secure central directory where information to be communicated in the framework of Article 8a of this Directive may be recorded in order to satisfy the automatic exchange provided for in paragraphs 1 and 2 of Article 8a. The Commission and the Member States shall have access to the information recorded in this directory. The necessary practical arrangements shall be adopted by the Commission in accordance with the procedure referred to in Article 26(2)."
Amendment 77 #
2015/0009(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Fund for Strategic Investments and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013
Amendment 160 #
2015/0009(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The investment environment within the Union should be improved by removing barriers to investment, reinforcing the Single Market and by enhancing regulatory predictability, in particular by completing the opening of the digital, transport, energy and telecoms markets . The work of the EFSI, and investments across Europe generally, should benefit from this accompanying work.
Amendment 162 #
2015/0009(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The investment environment within the EUnion should be improved by removing barriers to investment, such as obstacles to PPPs that remain at national and EU level, by reinforcing the Single Market and by enhancing regulatory predictability. With the view to mobilising private companies and supporting the development of PPPs, it should be ensured that there is no discrimination depending on the management of the projects, be it private or public. The work of the EFSI, and investments across Europe generally, should benefit from this accompanying work.
Amendment 290 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should aim at financeing projects across the Union, including in the countries most affected by the financial criswhole of the Union by taking into account the criteria of additionality and high-risk-profile in its investment policies i.e. by ensuring that selected projects are projects which could not have found a financing on the market otherwise. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 310 #
2015/0009(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EFSI should target investments that are expected to be economically and technically viable, which may entail a high degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing.
Amendment 314 #
2015/0009(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EFSI should target investments that are expected to be economically and technically viable, which may entail a degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing. When a national court of audit or an independent council or any anti-corruption body of a Member State has expressed some concerns on a project, a type of investment or on a body having the responsibility of investing public money and these concerns are communicated to the EFSI, it should take into account the opinions expressed.
Amendment 453 #
2015/0009(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to cover the risks related to the EU guarantee to the EIB, a guarantee fund should be established. The guarantee fund should be constituted by a gradual paymentcontribution from the Union budget. The guarantee fund should subsequently also receive revenues and repayments from projects that benefit from EFSI support and amounts recovered from defaulting debtors where the guarantee fund has already honoured the guarantee to the EIB.
Amendment 479 #
2015/0009(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To partially finance the contribution from the Union budget, the available envelopes of the Horizon 2020 – the Framework Programme for Research and Innovation 2014-2020, provided by Regulation (EU) No 1291/2013 will be progressively authorised by a decision of the European Parliament and of the Council2 , and the Connecting Europe Facility, provided by Regulation (EU) No in the framework of the annual budgetary procedures up to 2020, using in priority all provisions under Council regulation (EU, Euratom) n°13161/2013 of the European Parliament and of the Council3 , should be reduced. Those programmes serve purposes that are not replicated by the EFSI. However, the reduction of both programmes to finance the guarantee fund is expected to ensure a grealaying down the multiannual financial framework for the years 2014- 2020, in particular its articles 5, 11, 13 and 14, as well as any budgetary surplus entered investment in certain areas of their respective mandates than is possible through the existing programmes. The EFSI should be able to leverage the EU guarantee to multiply the financial effect within thto the general budget of the European Union, and avoiding to affect programmes that already serve an investment purpose, areas of research, development and innov operational and transport, telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned Horizon 2020 and Connecting Europe Facility programmes. It is, therefore, appropriate to redirect part of the funding presently envisaged for those programmes to the benefit of EFSI. __________________ 3Regulation (EU) No 1316/2013 of the European Parliament and of the Coucontain a possibility to use innovative financial instruments. Therefore, envelops of programmes under the sub-heading 1A of the multiannual financial of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129)framework could be reduced only if proved necessary and as a last resort solution.
Amendment 523 #
2015/0009(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to ensure an appropriate coverage of the EU guarantee obligations and to ensure the continued availability of the EU guarantee, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with respect to the adjustment of the amounts to be paid in from the general budget of the Union and to amend Annex I accordingly. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 808 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)
Article 3 – paragraph 3 – subparagraph 3 a (new)
When a national court of audit or an independent council or any anti- corruption body of a Member State has expressed some concerns on a project, a type of investment or on a body having the responsibility of investing public money and these concerns are communicated to the EFSI, the Steering Board should take into account the opinions expressed and shall take a decision by a majority of three quarters of the votes.
Amendment 942 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructure, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections; and digital and telecoms infrastructure;
Amendment 1126 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) paymentcontributions from the general budget of the Union,
Amendment 1134 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) any other paymentcontributions received by the Union in accordance with the EFSI Agreement.
Amendment 1138 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Endowments to the guarantee fund provided for in points (b), (c) and (d) of paragraph 2 shall constitute internal assigned revenues in accordance with Article 21(4) of Regulation (EU) No 966/2012.
Amendment 1148 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
The target amount shall initially be met by the gradual paymentmobilisation of resources referred to in paragraph 2(a). If there have been calls on the guarantee during the initial constitution of the guarantee fund, endowments to the guarantee fund provided for in points (b), (c) and (d) of paragraph 2 shall also contribute to meet the target amount up to an amount equal to the calls on the guarantee.
Amendment 1155 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. Without prejudice to Article 8(5), the initial target amount shall be met by gradual budgetary contributions to the guarantee fund, to be decided by the budgetary authority in the frame of the annual budgetary procedures up to 2020, making use in priority of all means available under Council regulation 1311/2013 of 2 December 2013 laying down the multiannual Financial Framework 2014-2020, in particular article 5, 11, 13, 14, as well as any budgetary surplus entered in the general budget of the European Union. If needed, as a last resort solution and in full respect of point 17 and 18 of the Interinstitutional Agreement of 2 December 2013, on cooperation in budgetary matters and on sound financial management, funds from multiannual programmes under heading 1A may be redeployed to the guarantee fund if these programmes prove to be under- implemented.
Amendment 1157 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 5 b (new)
Article 8 – paragraph 5 b (new)
5b. The financing of the EU contribution to the guarantee fund shall be reviewed in the frame of the post-electoral review and revision of the multiannual financial framework due to be launched by the end of 2016 at the latest as foreseen in article 2 of Council regulation 1311/2013, of 2 December 2013, laying down the MFF 2014-2020.
Amendment 1168 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 7 – point a
Article 8 – paragraph 7 – point a
(a) any surplus shall be paid in one transaction to a special heading in the statement of revenue in the general budget of the European Union of the year n+1, and shall be reallocated to programmes which envelopes might have been reduced to finance the guarantee fund, as referred to in paragraph 5a (new), in order to compensate these losses;
Amendment 1277 #
2015/0009(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission shall, by 30 June of each year, send to the European Parliament, the Council and the Court of Auditors an annual report ondetailing the situation of the guarantee fund and the management thereof in the previous calendar year, and the compliance with articles 5, 7 and 8 of this regulation.
Amendment 1296 #
2015/0009(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Upon request of the competent committees of the European Parliament, and without disclosing information on ongoing investigations, OLAF may provide information on the application of this Regulation.
Amendment 1298 #
2015/0009(COD)
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Minutes of the meetings of the Steering Board shall be made available to the European Parliament including for each project the results of the votes in case the Steering Board did not take a decision by consensus.
Amendment 1299 #
2015/0009(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. At the request of the European Parliament, the Commission and/or the EIB shall report to the European Parliament on the application of this Regulation.
Amendment 1362 #
2015/0009(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(5 ), Council Regulation (Euratom, EC) No 2185/96(6 ) and Council Regulation (EC, Euratom) No 2988/95 (7 ) in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial interests of the Union in connection with any operations supported by the EU guarantee. OLAF may transmit to the competent authorities of the Member States concerned information obtained in the course of investigations. The competent authorities shall follow up on the information transmitted, unless not compatible with the national legal framework. __________________ 5 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 6 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 7 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
Amendment 1397 #
2015/0009(COD)
Proposal for a regulation
Article 18
Article 18
Regulation (EU) N°1291/2013
Article 6 – paragraphs 1, 2 and 3
Article 6 – paragraphs 1, 2 and 3
Amendment 1440 #
2015/0009(COD)
Proposal for a regulation
Article 19
Article 19
Regulation (EU) N°1316/2013
Article 5, paragraph 1
Article 5, paragraph 1
Amendment to Regulation (EU) No In Article 5 of Regulation (EU) No 1316/2013, paragraph 1 is replaced by the following: ‘ 1. The financial envelope for the implementation of the CEF for the period 2014 to 2020 is set at EUR 29 942 259 000 (*) in current prices. That amount shall be distributed as follows: (a) transport sector: EUR 23 550 582 000, of which EUR 11 305 500 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation exclusively in Member States eligible for funding from the Cohesion Fund; (b) telecommunications sector: EUR 1 041 602 000; (c) energy sector: EUR 5 350 075 000. These amounts are without prejudice to the application of the flexibility mechanism provided for under Council Regulation (EU, Euratom) No 1311/2013(*). (*) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20 (OJ L 347, 20.12.2013, p. 884). ’rticle 19 deleted 1316/2013
Amendment 1472 #
Amendment 58 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its Resolution on 25th anniversary of the UN Convention on the Rights of the Child of 27 November 2014
Amendment 187 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions;
Amendment 188 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Reiterates its call on the Commission to propose a new child rights strategy and action plan for the next five years, building on and upgrading the EU Agenda on the Rights of a Child;
Amendment 189 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on Member States to ensure that the principle of the best interests of the child is respected in all legislation and decisions taken at all levels and encourages Member States to share best practices with a view to improving the correct application of the principle of the best interests of the child across the EU;
Amendment 196 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Urges the Commission to ensure that any such internal strategy is accompanied by an action plan, series of legislative proposals, in the context of the Treaties currently in forder to supplement and strengthen thece, with a view to adopting a European Democratic Governance Pact in an effort to: (a) establish a scoreboard for democracy, the rule of law and fundamental rights so that each Member Strategic Framework on Human Rights and Democracy already applied in EU external relations; notes that the strategy should: is assessed periodically. – With that aim in view, the Commission should set up a group of experts with a remit to establish the indicators by which democracy, the rule of law and fundamental rights will be measured. These indicators should reflect the Copenhagen political criteria governing accession and the values and rights laid down in Article 2 of the Treaties and the Charter of Fundamental Rights. – The indicators should be drawn up on the basis of existing standards, such as those developed by the UN and the Council of Europe, and the contributions of the European Union Agency for Fundamental Rights, existing international bodies and civil society organisations operating in the area of human rights and fundamental freedoms should be taken into account.
Amendment 227 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. b) expand the remit and structure of the Agency for Fundamental Rights (FRA). The founding regulation of the FRA should be amended to expand the Agency’s remit and power so that it can monitor the common indicators concerning the rule of law and fundamental rights and the additional human and financial resources it needs to carry out its new tasks, and do all this without detracting from its independence and impartiality, which are two of the Agency’s fundamental principles. – A rule of law and fundamental rights evaluation committee should be set up within the Agency (FRA Evaluation Committee) to analyse and evaluate the results of the regular monitoring of the indicators. – The FRA Evaluation Committee should publish an annual monitoring report containing a detailed evaluation of each Member State’s performance on the basis of the various indicators. – The Evaluation Committee could then recommend, on the basis of this annual report, that the Commission issue a formal warning if one or more indicators show that a Member State, or even several Member States, are violating the rule of law or fundamental rights.
Amendment 228 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 229 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on EU Institutions to consider EU Treaty change in order to allow for the Democratic Governance Pact (DGP) to be fully functioning, in particular by; (a) Expanding the role of the Court of Justice of the European Union by creating a new specific procedure to enforce the rule of law principle of Article 2 TEU in a Member State by means of an infringement procedure brought by the Commission or another Member State before the Court of Justice of the European Union (CJEU); (b) Revising Article 7 of the EU Treaty, adding an 'application of Article 2 of the EU Treaty' stage, separating the 'risk' stage from the 'violation' stage, with different thresholds for the majorities provided for, a strengthening of technical and objective (not only political) analysis, enhanced dialogue with the Member States' institutions and a wider range of detailed and predictable penalties which are applicable throughout the procedure (Michel, 2013); (c) Including a reference to the FRA in the Treaties, including a legal base making it possible to amend the Agency's founding regulation not by unanimity, as is currently the case, but via the ordinary legislative procedure; (d) Creating a possibility for national Parliament to refer a draft national law to the CJEU for an opinion on its compliance with the Treaties and the Charter of Fundamental Rights;
Amendment 353 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, trafficking, honour killing, female genital mutilation, child soldiers and human shields; considers that tradition, culture and religion should never be used to justify violence against children; calls on the Member States to uphold their obligations and combat any form of violence against children, including by formally prohibiting and sanctioning corporal punishment against children; calls on the Member States to increase their cooperation and dialogue with third countries, to raise awareness and to advocate for children's rights to be respected everywhere in the world;
Amendment 361 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited;
Amendment 368 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Member States to ensure effective access to justice for all children, whether as suspects, perpetrators, victims or parties to proceedings;
Amendment 584 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; in particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU’s equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 684 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; calls on the Commission and the Member States to implement Parliament’s resolution of 12 September 2013 on the situation of unaccompanied minors in the EU; calls on the Member States to fully implement the Common European Asylum System package in order to improve the condition of unaccompanied minors in the EU; welcomes the Court of Justice judgment in Case C-648/11 , which stated that the Member State responsible for examining an asylum application made in more than one Member State by an unaccompanied minor is the State in which the minor is present after having lodged an application there; recalls that an unaccompanied minor is above all a child and that child protection, rather than immigration policies, must be the leading principle for Member States and the EU when dealing with them;
Amendment 88 #
2014/2221(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that there should be a special regime for SME:s to the Investment Fund in order to create a level-playing field as SME:s easily are put into disadvantage due to their size and market position.
Amendment 111 #
2014/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the ambitious structural reforms implemented by those Member States most affected by the crisis; welcomes as well the fact that those Member States that have successfully implemented adjustment programmes or financial sector programmes have been able to return to the capital markets, where they now access capital at low interest rates; finds it regrettable that the Member States in the rest of the euro area are less ambitious in modernising their economies;
Amendment 125 #
2014/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to continue the process of deep and sustainable structural reforms to make their labour markets more efficient, to modernise social protection systems, including pensions, and to improve and streamline the legal and administrative environment for business investment; stresses that structural reforms need to be complemented by well-targeted, longer- term investments in education, research and development, innovation, infrastructure, ICT and, sustainable energy and human resources;
Amendment 133 #
2014/2221(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines that the Member States should pay particular attention to youth unemployment when making reforms in order not to deprive young people of their opportunities from the start;
Amendment 163 #
2014/2221(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission, as guardian of the Treaty, to make full use of all measures provided for in EU law to support the enforcement of the implementation of the European Semester;
Amendment 164 #
2014/2221(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Is concerned about protectionist tendencies in certain Member States; points out that the Treaty does not provide for the restriction of the free movement of people, services or capital, and recalls that the Commission must safeguard and enforce these freedoms;
Amendment 202 #
2014/2221(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Agrees with the Commission that most Member States need to continue to pursue growth-friendly fiscal consolidation; invites Member States with sufficient fiscal space to consider reducing taxes and social security contributions with a view to stimulating private investment; stresses the fact that special emphasis should be placed on growth-enhancing reforms and policies;
Amendment 206 #
2014/2221(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes the excessively high public debt levels, particularly in the euro area; urges Member States and the Commission to address the debt overhang by establishing a European debt redemption fund based on conditionality combining structural reforms with fiscal incentives; points out that such a debt redemption fund needs to go hand in hand with an insolvency procedure for sovereigns safeguarding market discipline;
Amendment 226 #
2014/2221(INI)
Motion for a resolution
Subheading 4
Subheading 4
Strengthened coordination of national policiesand international policies, and improved democratic accountability
Amendment 241 #
2014/2221(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Reiterates its view that the current economic governance framework is lacking sufficient democratic accountability in the application of its rules and of the institutions and bodies involved; calls on the Commission to make the necessary proposals to address the lack of proper democratic accountability in EU economic governance;
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 401 #
2014/2216(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Welcomes the EU’s cooperation with UNICEF and other organizations and NGOs committed to children rights, which has resulted in a toolkit for the mainstreaming of children’s rights in development cooperation; welcomes the use of the Nobel Prize money awarded to the EU to assist children in conflict situations; welcomes the EU’s participation in the October 2013 Third Global Conference on Child Labour held in Brasilia, and its participation in the negotiation of the tripartite declaration on child labour;in particular the Child Rights Manifesto and encourages more Members of the European Parliament, as well as national parliamentarians, to sign the Manifesto and become 'child rights champions'; welcomes the use of the Nobel Prize money awarded to the EU to assist children in conflict situations; ; recalls the importance of providing psychological support for children who have been exposed to violent events or are victims of war; underlines the importance of ensuring access to education for children affected by conflicts; welcomes the EU’s participation in the October 2013 Third Global Conference on Child Labour held in Brasilia, and its participation in the negotiation of the tripartite declaration on child labour; (The Child Rights Manifesto was co- authored by Unicef, Eurochild, World Vision, Children of Prisoners Europe, European Federation for Street Children, European Youth Forum, European Falcon Movement (IFM -SEI), International Juvenile Justice Observatory, Missing Children Europe, Plan EU office, PICUM, Save the Children, SOS children's villages, Terre des Hommes, Alliance for Childhood)
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 82 #
2014/2156(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. SMEs Emphasizes that SMEs are the backbone of the European economy, and as such should be a principal target for investment;
Amendment 87 #
2014/2156(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Is concerned, therefore, that access to finance remains one of the most pressing difficulties facing SMEs in Europe;
Amendment 90 #
2014/2156(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Urges the EIB to fully analyse the drop in funding to SMEs and to come forward with a comprehensive plan to ensure SMEs across Europe are encouraged to apply for funding under the auspices of the EIB wherever possible;
Amendment 129 #
2014/2156(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the EIB to step up its investment efforts with view to reducing significantly its carbon footprint, and to work on policies leading to more ambitiouwhich will help the Union reach its climate targets; requests that the EIB perform a climate assessment and review of all its activities in 2015, with a viewhich may lead to a renewed climate protection policy;
Amendment 133 #
2014/2156(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the EIB’s first steps towards a shift to renewable energy and the reduction of lending to the coal sector; calls for the rectification of regional imbalances in renewable energy lending, particularly with a view to supporting projects in member states which are reliant on non-renewable energy sources, and for more attention to be paid in the future to smaller-scale, off- grid decentralised renewable energy projects involving citizens and communities;
Amendment 144 #
2014/2156(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the EIB to present a comprehensive plan for phasing outevaluation of its lending to non-renewable energy projects and its currently excessive support for large-scale gas infrastructures;
Amendment 4 #
2014/2113(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for the effective analysis of the use of Union funds in joint land/sea/air operations; refers in particular to the case highlighted by the Court of Auditors in its Annual Report regarding helicopters in Spain which were 75% funded by the Union, yet have only been used an estimated 25% of the time in activities related to external border control.
Amendment 2 #
2014/2075(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that the Court of Auditors calculated a residual error rate at year end of less than 2% in the area of justice and home affairs; emphasises, however, that there should always be a determination to further reduce the error rate within the budget;
Amendment 3 #
2014/2075(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes, therefore, the Court of Auditors’ Recommendation 2 to the effect that the Commission should make its control activities more risk-driven, focusing checks on high-risk beneficiaries (for example entities with less experience of European funding) and reducing the burden of checks on less risky beneficiaries;
Amendment 4 #
2014/2075(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the conclusions set out in Court of Auditors Special Report No 3/2014, entitled ‘Lessons from the European Commission’s development of the second generation Schengen Information System (SIS II)’, in which the Court looks at the reasons why the Commission delivered SIS II more than six years later than initially planned and at a cost far higher than was initially estimated; highlights that recommendations should be followed in order to ensure prudent and realistic budgeting in respect of large-scale projects;
Amendment 4 #
2014/2040(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. DoubtStresses that the increased budget of the EASO will beforeseen increase of the EASO budget is not sufficient, as this Agency is crucial to address pressing asylum issues and will have a reinforced role in promoting the uniform application of the Asylum package; therefore requests an appropriate budget increase in order to allow the Agency to effectively fulfil its tasks and operations;
Amendment 116 #
2013/0306(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In the absence of a Regulation setting out rules on MMFs, diverging measures might continue to be adopted at national level, which would continue to cause significant distortions of competition resulting from important differences in essential investment protection standards. Diverging requirements on portfolio composition, eligible assets, their maturity, liquidity and diversification, as well as on credit quality of issuers of money market instruments lead to different levels of investor protection because of the different levels of risk attached to the investment proposition associated with a money market fund. The failure to adopt strict common rules applicable to MMFs in the internal market prevents uniform investor protection and gives investors different incentives to redeem their investments and thereby trigger a run. It is therefore essential to avoid contagion into the short term funding market and to the sponsors of the MMF which would largely put at risk the stability of the Union's financial market by adopting a uniform set of rulesIt is therefore essential to adopt a uniform set of rules in order to avoid contagion into the short term funding market and to the sponsors of the MMF which would largely put at risk the stability of the Union's financial market. In order to mitigate systemic risk, CNAV MMF may maintain a constant price per unit or share only if they establish a mechanism which reflects increases and decreases in the net asset value of an investor's portfolio.
Amendment 125 #
2013/0306(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Asset Backed Commercial Papers (ABCPs) should be considered eligible money market instruments to the extent that they respect additional requirements. Due to the fact that during the crisis certain securitisations were particularly unstable, it is necessary to impose maturity limits and quality criteria on the underlying assets. Not all categories of underlying assets should be eligibl and also to ensure that the pool of exposures is sufficiently diversified. Yet not all categories of underlying assets have proved to be unstable, and in particular those bsecause some were more confronted to instability than othersuritizations where the underlying assets were associated with supporting the working capital of manufacturers and the sales of real economy goods and services. These securitizations have performed well and should be eligible. For this reason the underlying assets should be exclusively composed of short- term and liquid debt instruments that have been issued by corporates in the course of their business activity, such as trade receivables. Instruments such as auto loans and leases, equipment leases, consumer loans, residential mortgage loans, credit card receivables or any other type of instrument linked to the acquisition or financing of services or goods by consumers should not be eligible. ESMAundergo a thorough examination. ESMA, in close cooperation with the EBA, should be entrusted with drafting regulatory technical standards to be submitted for endorsement by the Commission with regard to the conditions and circumstances under which the underlying exposure or pool of exposures is considered to exclusively consist of corporate debt and the conditions and, whether it is sufficiently diversified, as well as the numerical thresholds determining when corporate debt is of high credit quality and liquid. In order to assess the eligibility of certain instruments and their underlying assets, ESMA shall develop, in close cooperation with EBA, a set of criteria to define "high quality securitization". These criteria should take into consideration the need for more standardisation and transparency to avoid securitisation of high complexity.
Amendment 138 #
2013/0306(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The MMF should have a responsibility to invest in high quality eligible assets. Therefore, a MMF should have a prudent and rigorous internalcredit assessment procedure for determining the credit quality of the money market instruments in which it intends to invest. In accordance with Union legislation limiting over-reliance on credit ratings, it is important that MMFs avoid any mechanisticover- reliance on ratings issued by rating agencies when assessing the quality of eligible assets. For this purpose the MMF should establish an internal rating system based on a harmonised rating scale and an internal assessment procedure.
Amendment 142 #
2013/0306(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) For the purpose of avoiding that MMF managers use different assessment criteria for evaluating the credit risk of a money market instrument and thus attribute different risk characteristics to the same instrument, it is essential that managers rely on the same criteria. To this effect the ratingcredit assessment criteria should be precisely defined and harmonized. Examples of internal ratingcredit assessment criteria are quantitative measures on the issuer of the instrument, such as financial ratios, balance sheet dynamics, profitability guidelines, which are evaluated and compared to those of industry peers and groups; qualitative measures on the issuer of the instrument, such as management effectiveness, corporate strategy, which are analysed with a view to determining that the issuer's overall strategy does not impede on its future credit quality. The highest internal ratings should reflect the fact that the creditworthiness of the issuer of the instruments is maintained at all times at the highest possible levels.
Amendment 145 #
2013/0306(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to develop a transparent and coherent internal rating systemcredit assessment procedure, the manager should document the procedures used for the internalcredit assessment. This should ensure that the procedure follows a clear set of rules that can be monitored and that the methodologies employed are communicated upon request to the interested stakeholders.
Amendment 151 #
2013/0306(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) It is important that the risk management of MMFs not be biased by short-term decisions influenced by the possible ratAn effect of the financial crisis has been an over-reliance by investors, UCITS and AIFs on credit rating agencies in assessing of the MMF. Therefore, it is necessary to prohibit a MMF or its manager from requesting that the MMF is rated by a credit rating agency in order to avoid that this external rating is used for marketing purposes. The MMF or its manager should also refrain from using alternative methods for obtaining acredit worthiness of potential investments. In order to improve the quality of the investments made by MMFs, and thereby UCITS and AIFs, and in order to protect investors of those funds, it is appropriate to require MMF managers and investors to avoid relying solely or mechanically on credit ratings of the MMF. Should the MMF be awarded an external rating, either on the own initiative of the credit rating agency or following request by a third party that is independent of the MMF or the manager and does not act on behalf of any of them, the MMF manager should refrain from relying on criteria that would be attached to that external ratingr using them as the only parameter when assessing the risk involved in the investments made by MMFs. The general principle against over-reliance on credit ratings should therefore be integrated into the risk-management processes and systems of MMFs and adapted to their specificities. For ensuring appropriate liquidity management it is necessary that the MMFs establish sound policies and procedures to know their investors. The policies that the manager has to put in place should help understanding the MMF's investor base, to the extent that large redemptions could be anticipated. In order to avoid that the MMF faces sudden massive redemptions, particular attention should be paid to large investors representing a substantial portion of the MMF's assets, as with one investor representing more than the proportion of daily maturing assets. In this case the MMF should increase its proportion of daily maturing assets to the proportion of that investor. The manager should whenever possible look at the identity of the investors, even if they are represented by nominee accounts, portals or any other indirect buyer. In order to specify further the general principle against over- reliance on credit ratings, as introduced in this Regulation, ESMA should develop draft regulatory technical standards to ensure that MMF managers and investors consult other sources, such as internal assessment results, and do not rely solely on credit ratings when assessing the creditworthiness of the assets held. It is appropriate in this regard for ESMA to develop draft regulatory technical standards in respect of the general provisions regarding risk-management processes and systems employed by MMF managers and investors. The Commission should adopt those draft regulatory technical standards in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 155 #
2013/0306(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) As part of a prudent risk management, MMFs should periodical, at least quarterly, conduct stress testing. The managers of MMFs are expected to act in order to strengthen the MMF's robustness whenever the results of stress testing point to vulnerabilities. Or. en Justification
Amendment 163 #
2013/0306(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 178 #
2013/0306(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to be able to absorbreflect day-to- day fluctuations in the value of a CNAV MMF's assets and allow it to offer a constant NAV per unit or share, the CNAV MMF should have at all times a NAV buffer amounting to at least 3% of its assets. The NAV buffer should serve as an absorbing mechanism for maintaining the constant NAV. All differences between the constant NAV per unit or share and the NAV per establish a mechanism which reflects increases and decreases in the net asset value of an investor´s portfolio. The operating principle of this mechanism shall be that an amounit or share should be neutralized by using the NAV buffer. During stressed market situations, when the differences can rapidly increase, a procedure should ensure that the whole chain of management is involved. This escalation procedure should permit the senior management to take rapid remedy actionsrepresenting a decrease of the NAV of an investor´s portfolio will result in a decrease of a corresponding number of shares in this investor´s portfolio (variable shares mechanism).
Amendment 187 #
2013/0306(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 199 #
2013/0306(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) External support provided to a MMF other than a CNAV MMF with the intention of ensuring either liquidity or stability of the MMF or de facto having such effects increases the contagion risk between the MMF sector and the rest of the financial sector. Third parties providing such support have an interest in doing so, either because they have an economic interest in the management company managing the MMF or because they want to avoid any reputational damage should their name be associated with the failure of a MMF. Because these third parties do not commit explicitly to providing or guaranteeing the support, there is uncertainty whether such support will be granted when the MMF needs it. In these circumstances, the discretionary nature of sponsor support contributes to uncertainty among market participants about who will bear losses of the MMF when they do occur. This uncertainty likely makes MMFs even more vulnerable to runs during periods of financial instability, when broader financial risks are most pronounced and when concerns arise about the health of the sponsors and their ability to provide support to affiliated MMFs. For these reasons, MMFs should not rely on external support in order to maintain their liquidity and the stability of their NAV per unit or share unless the competent authority of the MMF has specifically allowed the external support in order to maintain stability of financial markets.
Amendment 207 #
2013/0306(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Investors should be clearly informed, before they invest in a MMF, if the MMF is of a short-term nature or of a standard nature and if the MMF is of a CNAV type or not. In order to avoid misplaced expectations from the investor it must also be clearly stated in any marketing document that MMFs are not a guaranteed investment vehicle and that they do not benefit from any explicit or implicit sponsor support as defined in point (22 b) of Article 2, unless the procedure under Article 35 is respected. CNAV MMFs should clearly explain to investors the buffervariable shares mechanism they are applying to maintain the constant NAV per unit or share. Investors should clearly acknowledge their understanding of the risk of this investment product.
Amendment 211 #
2013/0306(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) Investors shall be also informed of where they can access information on the portfolio of investment and the fund's levels of liquidity.
Amendment 219 #
2013/0306(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) It is essential to carry out a review of this Regulation in order to assess the appropriateness of exempting certain CNAV MMFs that concentrate their investment portfolios on debt issued by the Member States from the requirement to establish a capital buffer that amounts to at least 3 % of the total value of the CNAV MMF's assets. Therefore, during the three years after the entry into force of this Regulation,During the three years after the entry into force of this Regulation, it is essential that the Commission should analyses the experience acquired in applying this Regulation and the impacts on the different economic aspects attached to the MMFs. The debt issued or guaranteed by the Member States represents a distinct category of investment displaying specific credit and liquidity traits. In addition, sovereign debt plays a vital role in financing the Member States. The Commission should evaluate the evolution of the market for sovereign debt issued or guaranteed by the Member States and the possibility to create a special framework for MMF that concentrate their investment policy on that type of debtis review should focus on the effect on the real economy and financial stability of the changes required by this Regulation.
Amendment 236 #
2013/0306(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘corporate debt’ means debt instruments issued by an undertakings which is effectively engaged in producing or trading inand/or financing the manufacturing, trading or providing of goods orand non- financial services to the market. For the purpose of this definition, it should be understood, that debt instrument such as trade receivables, auto loans and leases, equipment loans and leases, SME loans of such undertakings are eligible provided they otherwise comply with the conditions set out in this Regulation;
Amendment 281 #
2013/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) reverse repurchase agreements; nd repurchase agreements provided that the cash received is not reinvested and the aggregate exposure to repurchase agreements does not exceed 10% of the assets of a MMF; Or. en Justification
Amendment 283 #
2013/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) units or shares of other MMFs;
Amendment 293 #
2013/0306(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) entering into securities lending agreements or securities borrowing agreements, and repurchase agreements, or any other agreement that would encumber the assets of the MMF;
Amendment 303 #
2013/0306(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Standard MMFs shall be allowed to invest in a money market instrument that undergoes regular yield adjustments in line with money market conditions every 397 days or on a more frequent basis while not having a residual maturity excewith a residual maturity until the legal redemption date not exceeding 2 years provided that the time remaining until the next interest rate reset date is less or equal to 397 days. This feature corresponds either to a two-year floating rate security or to a two-year fixed rate security coupled with an interest rate hedging 2 years. arrangement that reset to a money market rate (or index). Or. en Justification
Amendment 353 #
2013/0306(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. A MMF may borrow or enter into repurchase agreements, provided that all of the following conditions are met: (a) the repurchase agreement is used on a temporary basis, for a maximum of 7 business days, and not for investment purposes; (b) the sum of repurchase agreements shall not exceed 10%; (c) cash collateral received should only be: - placed on deposit with entities prescribed in Article 50(f) of the UCITS Directive; - invested in high-quality government bonds; - used for the purpose of reverse repo transactions provided the transactions are with credit institutions subject to prudential supervision and the UCITS is able to recall at any time the full amount of cash on accrued basis; - invested in short-term money market funds as defined in the Guidelines on a Common Definition of European Money Market Funds. Re-invested cash collateral shall be diversified in accordance with the diversification requirements applicable to non-cash collateral. The prospectus shall clearly inform investors of the collateral policy of the UCITS, including, in the case of cash collateral, re-investment policy (including the risks arising from the re-investment policy).
Amendment 357 #
2013/0306(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 362 #
2013/0306(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. A MMF shall invest no more than 510% of its assets in any of the following:
Amendment 378 #
2013/0306(COD)
Proposal for a regulation
Article 14 – paragraph 5 – introductory part
Article 14 – paragraph 5 – introductory part
5. Notwithstanding the individual limits laid down in paragraphs 1 and 3, a MMF shall not combine, where this would lead to investment of more than 105% of its assets in a single body, any of the following:.
Amendment 407 #
2013/0306(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point c
Article 16 – paragraph 3 – point c
(c) a manager of a MMF shall monitor its assignments of internal ratingsinternal assessment procedure on an ongoing basis and review all assignments of internal rating at least annuallycredit assessments every 6 months. That manager shall review theconsider its internal assignessment every time there is a material change that could have an impact on an internal credit ratingthe credit assessment. The manager shall establish internal arrangements to monitor the impact on its internal credit ratingsassessment of changes in macroeconomic, financial market or issuer specific conditions;
Amendment 431 #
2013/0306(COD)
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
A short-term MMF shall comply at all times with all of the following portfolio requirements:
Amendment 439 #
2013/0306(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point d
Article 21 – paragraph 1 – point d
(d) at least 20% of its assets shall be comprised of up to weekly maturing assets. A short-term MMF shall not acquire any asset other than a weekly maturing asset when such acquisition would result in the short-term MMF investing less than 20% of its portfolio in weekly maturing assets.
Amendment 440 #
2013/0306(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point d a (new)
Article 21 – paragraph 1 – point d a (new)
(da) investment in units of other short- term MMFs may be included in the daily or weekly maturing assets up to a maximum of 5%.
Amendment 441 #
2013/0306(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
If the limits are temporarily not reached for reasons beyond the control of a MMF or as a result of the exercise of redemption rights, that MMF shall adopt as a priority objective for its acquiring transactions the remedying of that situation, taking due account of the interests of its unit-holders;
Amendment 444 #
2013/0306(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. A standard MMF shall comply at all times with all of the following requirements:
Amendment 445 #
2013/0306(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. A standard MMF shall comply at all times with all of the following requirements:
Amendment 446 #
2013/0306(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) its portfolio shall have at all times a WAM of no more than 6 months;
Amendment 447 #
2013/0306(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) its portfolio shall have at all times a WAL of no more than 12 month;
Amendment 456 #
2013/0306(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) at least 2015% of its assets shall be comprised of up to weekly maturing assets. A standard MMF shall not acquire any asset other than a weekly maturing asset when such acquisition would result in the standard MMF investing less than 2015% of its portfolio in weekly maturing assets.
Amendment 457 #
2013/0306(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. If the limits are temporarily not reached for reasons beyond the control of a MMF or as a result of the exercise of redemption rights, that MMF shall adopt as a priority objective for its acquiring transactions the remedying of that situation, taking due account of the interests of its unit-holders.
Amendment 459 #
2013/0306(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 475 #
2013/0306(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
The MMF or the manager of the MMF shall not solicit or finance a credit rating agency for rating the MMFrisk management of MMF may not be affected by short-term decisions influenced by the possible rating of the MMF. Where a MMF seeks an external rating, this shall be subject to, and carried out in accordance with, the requirements of the national competent authority of the credit rating agency. A MMF manager shall not rely on the criteria attached to the external credit rating.
Amendment 493 #
2013/0306(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
For each MMF there shall be in place sound stress testing processes that allow identifying possible events or future changes in economic conditions that could have unfavourable effects on the MMF. The manager of a MMF shall regularly conduct stress testing at least every three months and develop action plans for different possible scenarios. Or. en Justification
Amendment 504 #
2013/0306(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In addition, in the case of CNAV MMFs, the stress tests shall estimate for different scenarios the difference between the constant NAV per unit or share and the NAV per unit or share, including the impact of the difference on the NAV buffer.
Amendment 510 #
2013/0306(COD)
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. ESMA shall issue guidelines with a view to establishingdevelop draft regulatory technical standards after consultation with the European Systemic Risk Board (ESRB) specifying the economic scenarios, including baseline, adverse, and severely adverse scenarios, that are to be used in MMF stress testing and other common reference parameters of the stress test scenarios to be included in the stress tests taking into account the factors specifiedreferred to in paragraph 1. The guidelines shall beregulatory technical standards shall be reviewed and if required updated at least every year taking into account the latest market developments. and macro financial developments. ESMA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by [...]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. Or. en Justification
Amendment 521 #
2013/0306(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 530 #
Amendment 531 #
2013/0306(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
1. The ‘Net Asset Value (NAV) per unit or share’ shall be calculated as the difference between the sum of all assets of a MMF and the sum of all liabilities of the MMF valued in accordance with the mark to market and mark to model methods, divided by the number of outstanding units or shares of the MMF.
Amendment 532 #
2013/0306(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
Amendment 534 #
2013/0306(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The NAV per unit or share shall be rounded to the nearest basis point or its equivalent when the NAV is published in a currency unitof a MMF shall be calculated at least daily.
Amendment 535 #
2013/0306(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 536 #
2013/0306(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 544 #
2013/0306(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
Amendment 551 #
2013/0306(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a Calculation of NAV per share or unit 1. The 'Net Asset Value (NAV) per unit or share' shall be calculated as the NAV divided by the number of outstanding units or shares of the MMF. The NAV per unit or share shall be calculated for each MMF 2. The NAV per unit or share shall be rounded to the nearest basis point or its equivalent when the NAV is published in a currency unit. 3. The NAV per unit or share of a MMF shall be calculated at least daily.
Amendment 552 #
2013/0306(COD)
Proposal for a regulation
Article 27 b (new)
Article 27 b (new)
Amendment 555 #
2013/0306(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. By way of derogation from paragraph 1, the units or shares of a CNAV MMF shall be issued or redeemed at a price that is equal to the MMF's constant NAV per unit or share provided the number of outstanding investor units or shares is adjusted as described in article 27b.
Amendment 562 #
2013/0306(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Amendment 564 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 573 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. A CNAV MMF shall satisfy all the following additionalspecific requirements:
Amendment 576 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
(a) it has established a NAV buffer in accordance with the requirements in Article 30;CNAV MMFs shall fulfil disclosure requirements towards investors including key investor information, prospectus and marketing materials explaining in a clear, concise and understandable way the functioning of the product.
Amendment 583 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) the competent authority of the CNAV MMF is satisfied with a detailed plan by the CNAV MMF specifying the modalities of the use of the buffer in accordance with Article 31;CNAV MMFs shall communicate to each investor the number of outstanding units or shares held and the corresponding monetary amount on a daily basis.
Amendment 588 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) the competent authority of the CNAV MMF is satisfied with the CNAV MMF's arrangements to replenish the buffer and with the financial strength of the entity expected to fund the replenishmentCNAV MMFs may only take the form of Short Term MMFs;
Amendment 591 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point d
Article 29 – paragraph 2 – point d
(d) tThe rules or instruments of incorporation of the CNAV MMF provide clear procedures for the conversion of the CNAV MMF into a MMF that is not allowed to use the amortised cost accounting or the rounding methods;s should state clearly that the CNAV MMF cannot receive external support.
Amendment 592 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
Amendment 598 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point g
Article 29 – paragraph 2 – point g
Amendment 611 #
Amendment 635 #
2013/0306(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Variable Shares In order for variable shares to comply with this Regulation, all investors to whom variable shares apply must be made aware that: (a) the number of shares they hold and the total monetary value of their holdings may fluctuate; (b) the total value of their holding will decrease if a number of shares are redeemed or cancelled for the benefit of the MMF; (c) variable shares may result in losses to the investors at the time of redemption.
Amendment 639 #
2013/0306(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 643 #
2013/0306(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 655 #
2013/0306(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 667 #
2013/0306(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 726 #
2013/0306(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. In addition to the information to be provided in accordance with paragraphs 1 to 4, a CNAV MMF shall explain clearly to investors and potential investors the use of the amortised cost method and/or of rounding. A CNAV MMF shall indicate the amount of its NAV buffer, the procedure to equalise the constant NAV per unit or share and the NAV per unit or share and shall state clearly the role of the buffer and the risks related to it. The CNAV MMF shall clearly indicate the modalities of replenishing the NAV buffer and the entity expected to fund the replenishment. It shall make available to investors all information concerning compliance with the conditions set out in Article 29(2)(a) to (g)valuation method and the procedure to adjust the number of units or shares in line with the fluctuations of the NAV.
Amendment 735 #
2013/0306(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. For each MMF managed, the manager of the MMF shall report information to the competent authority of the MMF, at least on a quartermonthly basis. The manager shall upon request provide the information also to the competent authority of the manager if different from the competent authority of the MMF.
Amendment 738 #
2013/0306(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 – point c
Article 38 – paragraph 2 – subparagraph 1 – point c
Amendment 758 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Within the sixeighteen months following the date of entry into force of this Regulation, an existing UCITS or AIF that invests in short term assets and has as distinct or cumulative objectives offering returns in line with money market rates or preserving the value of the investment shall submit an application to its competent authority together with all documents and evidence necessary to demonstrate the compliance with this Regulation.
Amendment 768 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
Amendment 793 #
2013/0306(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
By three years after the entry into force of this Regulation, the Commission shall review the adequacy of this Regulation from a prudential and economic point of view. In particular the review shall consider the operation of the CNAV buffer and the operation of the CNAV buffer to those CNAV MMFs that, in future, might concentrate their portfolios on debt issued or guaranteed by the Member States. The review shall:
Amendment 799 #
2013/0306(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point e a (new)
Article 45 – paragraph 1 – point e a (new)
(ea) Analyse the impact on the real economy and financial stability of the changes required by this Regulation.
Amendment 192 #
2013/0256(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Whilst the European Public Prosecutor’s Office should have exclusive competence to investigate and prosecute crimes affecting the Union’s financial interests, Eurojust should be able to exercise its competence in cases involving one or more Member States that do not participate in the European Public Prosecutor’s Office and in cases involving Member States that participate in the European Public Prosecutor’s Office but for which the European Public Prosecutor’s Office does not exercise its competence. To this end, Eurojust should, in particular, be able to support national authorities when they are investigating and prosecuting these forms of crime in accordanc. Within the context of those cases, Eurojust should exercise with the Regulation establishings competence at the request of the Member States concerned, the European Public Prosecutor’s Office or on its own initiative but always in conjunction with the European Public Prosecutor’s Office.
Amendment 201 #
2013/0256(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office designated by the Member States that do not participate in the European Public Prosecutor’s Office, the national correspondent for the European Judicial Network and up to three other contact points, as well as representatives in the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes10, Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to crime11 and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption12. _________________ 10 OJ L 167, 26.6.2002, p. 1 11 OJ L 332, 18.12.2007, p. 103. 12 OJ L 301, 12.11.2008, p. 38.
Amendment 203 #
2013/0256(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least threewo Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.
Amendment 216 #
2013/0256(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) PEurojust should enhance its cooperation with competent authorities in third countries and international organisations on the basis of a strategy drawn up in conjunction with the Commission. For that purpose, provision should be made for Eurojust to post liaison magistrates to third countries in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union14. _________________ 14 OJ L 105, 27.4.1996, p. 1
Amendment 221 #
2013/0256(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 223 #
2013/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities and by Europol, the EPPO, Europol and OLAF.
Amendment 228 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. a) Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor’s Office is competent. b) For forms of crime over which the European Public Prosecutor’s Office exercises its competence, Eurojust shall only exercise its competence: - in cases involving one or more Member States that do not participate in the European Public Prosecutor’s Office and, - in cases involving Member States that participate in the European Public Prosecutor’s Office but for which the European Public Prosecutor’s Office does not exercise its competence.
Amendment 231 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) For cases of the kind referred to in paragraph 1 (b), Eurojust shall exercise its competence at the request of the European Public Prosecutor’s Office, one or more Member States concerned or on its own initiative but always in conjunction with the European Public Prosecutor’s Office.
Amendment 238 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
da) cooperate closely with the European Public Prosecutor’s Office on matters relating to its competence
Amendment 242 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 243 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Eurojust can set a deadline for the implementation of all requests referred to in paragraph 2.
Amendment 244 #
2013/0256(COD)
4. Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall issue a written opinion on the case. The opinion shall be promptly forwarded to the Member States concernedforwarded immediately to the Member States concerned. If the Member States concerned do not reach an agreement within one month of this opinion being forwarded, the College may decide to make its opinion binding.
Amendment 246 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptimmediately forwarded to the Member States concerned.
Amendment 249 #
2013/0256(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national members and deputies shall have a status as a prosecutor, judge or police officers of equivalent competenc or judge. The competent national authorities shall grant them the powers referred to in this Regulation in order to be able to fulfil their tasks.
Amendment 250 #
2013/0256(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Member States must designate national members and deputies on the grounds of proven high level of and longstanding practical experience in the field of criminal justice.
Amendment 251 #
2013/0256(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
b a) contact directly and exchange information with any Union agency or competent body, including the European Public Prosecutor's Office
Amendment 257 #
2013/0256(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In urgent cases when timely agreement cannot be reached, the national members shall be competent to take the measures referred to in paragraph 2, informing as soon as possibleimmediately the national competent authority.
Amendment 258 #
2013/0256(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
a) criminal records;, including the European Criminal Records Information System (ECRIS)
Amendment 261 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
b) all the national members and two representatives of the Commission when the College exercises its management functions under Article 14, except Article 14.k.
Amendment 263 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) all the national members and the head of the European Public Prosecutor’s Office for matters relating to the areas of competence of the European Public Prosecutor’s Office.
Amendment 264 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The term of office of the members and their deputies shall be at leastof four years, renewable once. Upon expiry of their term of office or iIn the event of their resignation, members shall remain in office until their term is renewed or until they are replacedy are replaced. Members States shall ensure the prompt designation of their national members and deputies.
Amendment 269 #
2013/0256(COD)
2. The College shall hold at least one operational meeting per month. To exercise its management functions, the College shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of the President, at the request of the Commission, or at the request of at least one third of its members. It shall also meet in its composition referred in Article 10.1.b.bis (new) at least twice a year. In addition, it shall meet on the initiative of the President or at the request of the EPPO.
Amendment 273 #
2013/0256(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(aa) adopt every four years Eurojust’s multi-annual programming document by a majority of two thirds of its members and in accordance with Article 15;
Amendment 274 #
2013/0256(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point i
Article 14 – paragraph 1 – point i
i) appoint an Accounting Officer and a Data Protection Officer who shall be functionally independent in the performance of their duties;
Amendment 275 #
2013/0256(COD)
1. By [30 November each year] the College shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission, the Commission, and the European Public Prosecutor’s Office for matters relating to its competence. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.
Amendment 276 #
2013/0256(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
(3a) Every four years the College shall adopt a programming document containing multi-annual programming on the basis of a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council, the Commission and the European Public Prosecutor’s Office for matters relating to its competence.
Amendment 277 #
2013/0256(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The multi-annual work programme shall set out overall strategic programming including objectives, the strategy for cooperation with the third countries and international organisations referred to in Article 43, expected results and performance indicators. It shall also set out resource programming including multi- annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 56.
Amendment 285 #
2013/0256(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Executive Board shall be composed of the President and Vice- Presidents of the College, one representative of the Commission and one other member of the College. The President of the College shall be the Chairperson of the Executive Board. The Executive Board shall take its decisions by a majority of its members, each member having one vote. The Administrative Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 291 #
2013/0256(COD)
2. The Administrative Director shall be appointed by the College from a list of candidates having the required competences and experience to exercise such a position, proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.
Amendment 303 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Each Member State shall designate one or more national correspondents for Eurojust. Each Member State shall also designate one national correspondent for Eurojust for terrorism matters. Each Member State that does not participate in the enhanced cooperation on the creation of the European Public Prosecutor’s Office shall also designate a national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office.
Amendment 304 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
(1a) All the national correspondents appointed by the Member States under paragraph 1 must have the skills and experience needed to carry out their duties.
Amendment 305 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b a (new)
Article 20 – paragraph 2 – point b a (new)
(ba) the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office, for Members States that do not participate in the enhanced cooperation on the creation of the European Public Prosecutor’s Office.
Amendment 306 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law, provided that maintaining their position and status does not impede them from performing their duties under this Regulation.
Amendment 307 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 5 – point c a (new)
Article 20 – paragraph 5 – point c a (new)
(ca) by ensuring that the competent national authorities respond to the Eurojust requests referred to in Article 4.2 and follow up on the Eurojust opinions referred to in Article 4.4 by the deadline set by Eurojust.
Amendment 309 #
2013/0256(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The national competent authorities shall inform their national members without undue delay of any case concerning crimes under the competence of Eurojust affecting at least threewo Member States and for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States.
Amendment 313 #
2013/0256(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
The competent national authorities shall respond without undue delayin the deadline set by Eurojust, to Eurojust's requests and opinions made under Article 4. Where tThe competent authorities of the Member States concerned decide not tomust comply with athe request made by Eurojust referred to in Article 4(2) or decide not toand in Article 4(2)new or follow a written opinion referred to in Article 4(4) or (5), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardiseexcept if they can justify to Eurojust, in a reasoned opinion, that the immediate compliance would: (a) be contrary to the essential interests of the security of the Member State concerned; or (b) jeopardise the success of an ongoing investigation or the safety of an individuals, the competent authorities of the Member States may cite operational reasons. Any delay to comply with the requests and opinions made by Eurojust under Article 4 must be duly justified.
Amendment 321 #
2013/0256(COD)
Proposal for a regulation
Article -27 (new)
Article -27 (new)
Article -27 Processing of personal data by Eurojust Regulation (EC) No 45/2001 and its subsequent changes shall apply to the processing of personal data by Eurojust in the context of its activities. The following provisions particularise and complement Regulation (EC) No 45/2001 and its subsequent changes in as far as personal data processed by Eurojust for its operational tasks are concerned.
Amendment 323 #
Amendment 353 #
2013/0256(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 355 #
2013/0256(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 356 #
2013/0256(COD)
Proposal for a regulation
Article 31
Article 31
Appointment of the Data Protection 1. The Executive Board shall appoint a Data Protection Officer in accordance with Article 24 of Regulation (EC) No 45/2001. 2. When complying with the obligations set out in Article 24 of Regulation (EC) No 45/2001, the Data Protection Officer shall: a) ensure that a written record of the transfer of personal data is kept; b) cooperate with Eurojust staff responsible for procedures, training and advice on data processing; c) prepare an annual report and communicate that report to the College and to the European Data Protection Supervisor. 3. In the performance of his or her tasks, the Data Protection Officer shall have access to all the data processed by Eurojust and to all Eurojust premises. 4. Eurojust's staff members assisting the Data Protection Officer in the performance of his or her duties shall have access to the personal data processed at Eurojust and to Eurojust premises to the extent necessary for the performance of their tasks. 5. If the Data Protection Officer considers that the provisions of Regulation (EC) No 45/2001 or this Regulation related to the processing of personal data have not been complied with, he or she shall inform the Administrative Director, requiring him or her to resolve the non-compliance within a specified time. If the Administrative Director does not resolve the non- compliance of the processing within the specified time, the Data Protection Officer shall inform the College and shall agree with the College a specified time for a response. If the College does not resolve the non-compliance of the processing within the specified time, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor. 6. The Executive Board shall adopt the implementing rules referred to in Article 24(8) of Regulation (EC) No 45/2001.rticle 31 deleted Officer
Amendment 363 #
2013/0256(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 368 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The European Data Protection Supervisor shall act in close cooperation with naand national data protectional authorities competent for data protection supervision with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national authority competent for data protection supervision finds major discrepancies between practices of the Member States or potentially unlawful transfers using Eurojust's communication channels, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulationshall, each acting within their respective competences, cooperate with each other in accordance with article 62 of Regulation (EU) 2017/xxx on the protection of individuals with regard to the processing of personal data by the union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation EC 45/2001.
Amendment 369 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 372 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 373 #
2013/0256(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 376 #
2013/0256(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 378 #
2013/0256(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In so far as necessary for the performance of its tasks, Eurojust may establish and maintain cooperative relations with Union bodies and agencies in accordance with the objectives of those bodies or agencies, the competent authorities of third countries, international organisations and the International Criminal Police Organisation (Interpol) in line with the strategy referred to in Article 43.
Amendment 386 #
2013/0256(COD)
-1. Eurojust shall establish and maintain close cooperation with Europol, in so far as is relevant for the performance of the tasks of the two agencies and for achieving their objectives, taking account of the need to avoid duplication of effort. The essential elements of that cooperation shall be set out in an agreement which must be approved by the Council and the European Parliament. To that end, the Director of Europol and the President of Eurojust shall meet on a regular basis to discuss issues of common concern.
Amendment 389 #
2013/0256(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Whenever necessary, Eurojust shall make use of the Eurojust National Coordination Systems established in accordance with Article 20, and in particular the national correspondents for issues relating to the competence of the European Public Prosecutor’s Office, as well as the relations it has established with third countries, including its liaison magistrates, in order to support the cooperation established in accordance with paragraph 1.
Amendment 397 #
2013/0256(COD)
Proposal for a regulation
Article 43 – paragraph -1 (new)
Article 43 – paragraph -1 (new)
-1. Eurojust shall establish and maintain cooperation with the authorities of third countries and international organisations To that end, Eurojust shall prepare, every four years, in consultation with the Commission, a cooperation strategy which pinpoints the third countries and international organisations with which there is an operational need for cooperation.
Amendment 398 #
2013/0256(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. To this end, Eurojust may establish working arrangements with the entities referred to in Article 38(1).
Amendment 404 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
Amendment 405 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a a (new)
Article 45 – paragraph 2 – point a a (new)
(aa) the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims; or
Amendment 406 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
Amendment 407 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 5 a (new)
Article 45 – paragraph 5 a (new)
(5a) Eurojust shall make the list of international and cooperation agreements signed with third countries and international organisations available to the public by publishing and regularly updating that list on its website.
Amendment 411 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 3 – point -a (new)
Article 55 – paragraph 3 – point -a (new)
-a) the annual and multi-annual programming documents
Amendment 415 #
2013/0256(COD)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Amendment 416 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 9
Annex I – paragraph 1 – indent 9
– sexual abuse and sexual exploitation of women and children, child pornographyincluding child sexual abuse material and solicitation of children for sexual purposes ;
Amendment 417 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 20
Annex I – paragraph 1 – indent 20
– illegal immigrant smuggling;
Amendment 418 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 26
Annex I – paragraph 1 – indent 26
– illicit trafficking in animal species, including endangered animal species;
Amendment 1 #
2013/0091(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A European Union Agency for Law Enforcement Cooperation (Europol) is hereby established with a view to supportingimproving mutual cooperation among law enforcement authorities in the Union and developing an investigation capacity at Union level.
Amendment 2 #
2013/0091(COD)
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation, foster law enforcement synergies at Union level and provide a cross-border investigation capacity in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, as listed in Annex I.
Amendment 4 #
2013/0091(COD)
Council position
Article 6
Article 6
Request by Europol for the initiation of a criminal investigation criminal investigation 1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall request the competent authorities of the Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation. 2. The nNational uUnits shall inform Europol without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1initiation of the investigation. 3. If the competent authorities of a Member States decide not to accede tocomply with a request made by Europol pursuant to paragraph 1, they shall informprovide Europol ofwith the reasons for their decision without undue delay, preferably within one month of receipt of the request. However, the reasons may be withheld if providing them, within one month of the request, unless they can justify to Europol that the immediate provision of such reasons would: (a) be contrary to the essential interests of the security of the Member State concerned; or (b) jeopardise the success of an ongoing investigation or the safety of an individual. 4. Europol shall immediately inform Eurojust of any request made pursuant to paragraph 1 and of anythe decision of a competent authority of a Member State pursuant to paragraph 2to initiate or refuse to initiate an investigation.
Amendment 5 #
2013/0091(COD)
Council position
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Without prejudice to the discharge by Member States of their responsibilitiesMember States shall fulfill their duty incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security, Member States shall not in any particular case be obliged toby ensuring a timely and exhaustive supply of information in accordance with point (a) of paragraph 6 that would: (a) be contrary to the essential interests of the security of the Member State concerned; (b) jeopardise the success of an ongoing investigation or the safety of an individual; or (c) disclose information relating to organisations or. Information shall be supplied without undue delay. In exceptional cases and only once duly justified to Europol by the competent authority within the Member State concerned, the immediate transmission of information in accordance with point (a) of paragraph 6 can be suspended where it would: (a) be determined by the competent authorities of the concerned Member State that such an immediate transmission pose an immediate threat to the specific intelligence activities in the field of national security. However,urity of the Member State concerned; (b) be determined by the competent authorities of Member States sthallt supply information as soon as it ceases to fall within the scope of points (a), (b) or (c) of the first subparagraph.ch an immediate transmission will jeopardise the success of an ongoing investigation or the safety of individuals involved therein;
Amendment 58 #
2011/0023(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVEREGULATION 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 serious crimetransnational crime (If adopted, changes apply throughout the text.)
Amendment 288 #
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: - participation in a criminal organisation, - terrorism, - trafficking in human beings, - sexual exploitation of children and child pornography, - illicit trafficking in narcotic drugs and psychotropic substances, - illicit trafficking in weapons, munitions and explosives, - corruption, - fraud and tax evasion, - laundering of the proceeds of crime, - counterfeiting currency, including of the euro, - computer-related crime, - environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, - murder, grievous bodily injury, - illicit trade in human organs and tissue, - rape - kidnapping, illegal restraint and hostage-taking, - child abduction and child abduction by parents, - organised or armed robbery, - illicit trafficking in cultural goods, including antiques and works of art, - illicit trafficking of mineral ore, - forgery of means of payment, - illicit trafficking in hormonal substances and other growth promoters, - illicit trafficking in nuclear or radioactive materials, - crimes within the jurisdiction of the International Criminal Court, if they are punishable under the national law of athe Member State, and if : with a custodial sentence or a detention order for a maximum period of at least three years, and if;
Amendment 297 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
The list of serious transnational crime offences of Article 2(1) sub i shall be reviewed and adjusted accordingly as part of the overall review of this Directive.
Amendment 311 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall set up a 'Passenger Information Unit' responsible for 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 Member States' competent public authorities.
Amendment 488 #
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 proactively, and automatically, transmitted 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 necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The Passenger Information Units of othe receivingr Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authoritieswithout delay.