1852 Amendments of Dietmar KÖSTER
Amendment 1 #
2023/2068(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), and in particular Articles 1, 7, 20, 21, 223, 25, and 236 thereof,
Amendment 13 #
2023/2068(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the Council of Europe´s Commission Against Racism and Intolerance (ECRI) General Policy Recommendation No 15 on combating hate speech, adopted on 8 December 2015,
Amendment 71 #
2023/2068(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Member States do not address hate speech and hate crime in the same way in their respective criminal laws, which makes it difficult to defineleaves certain groups with insufficient protection in some parts of the Union and creates the need for a common European strategyapproach to combat ithate speech and hate crime;
Amendment 78 #
2023/2068(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current EU framework only covers hate speech and hate crimes on the grounds of race, skin colour, religion and national or ethnic origin; whereas there is a clear need to effectively address hate speech and hate crimes based on other grounds, such as sex, sexual orientation, gender, age and disability, or any other fundamental characteristic, or a combination of such characteristics;
Amendment 98 #
2023/2068(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the fundamental rights that isare protected in the fight against hate speech and hate crime isare foremost human dignity and non-discrimination; whereas such protection should be universal; whereas protection against intolerance, be it racial, national origin, sexual orientation, religion, ideology, age, opinion or any other personal, physical or social condition or circumstance, whatever its form of expression, must not be limited to certain grounds or motivations;
Amendment 102 #
2023/2068(INI)
Motion for a resolution
Recital L
Recital L
L. whereas social dynamics change and can generate new motivations for hate speech and hate crime that have to be addressed by the common EU framework; and thus require an expansion of Art. 83 para 2 TFEU, that allows the co- legislators to cover all forms of hate;
Amendment 133 #
2023/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that Member States’ criminal laws deal with hate speech and hate crime in different ways, that minimum rulesharmonization exist only when such crimes are based on race, skin colour, religion or national or ethnic origin, which makes it difficult to implement a successful common strategy to effectively combat hatred;
Amendment 137 #
2023/2068(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly regrets that almost two years have passed since the publication of the Commission communication and that no progress has been madeCouncil made no progress on it, while it was able to swiftly extend the list of EU crimes for other purposes;
Amendment 143 #
2023/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 150 #
2023/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Member States to agree withsupport the draft decision or at least not to oppose its adoption;
Amendment 184 #
2023/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to take additional measures inll means at its disposal to countering the dissemination of illegal hate speech in online content on, particularly taking into account of the impact of the multiplier effect of the online environment and social media on revictimisation;
Amendment 206 #
2023/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to establish adequate data collection systems for obtaining solid and, homogenous data onand anonymous data on hate incidents, including hate crimes, in accordance with the relevant national legal frameworks and EU data protection legislation, as well as adequate monitoring mechanisms to assess the impact that policies and regulations have on the fight against hate speech and hate crimes;
Amendment 27 #
2022/2205(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– - having regard to the Decisions of the Ministers‘ Deputies of the Council of Europe from 7 June 2023 regarding the supervision of the execution of the European Court’s judgments 1, 1. https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectID=0900001680ab824a
Amendment 208 #
2022/2205(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Remains deeply concerned about the lack of independence of the judiciary, the continued breach of the obligation to abide by the landmark rulings of the European Court of Human Rights, the serious restrictions on fundamental freedoms – particularly freedom of expression and of association – and the constant attacks on the fundamental rights of members of the opposition, lawyers, journalists, academics and civil society activists in Türkiye as well as the lack of an implementation of the human right of conscientious objection; is particularly worried by the continued crackdown on Kurdish politicians, journalists, lawyers and artists; expresses concern about the deterioration of the rights of women and the constant targeting and harassment of LGBTI+ people, both of whom could see their rights further curtailed by the possible amendments to Türkiye’s constitution;
Amendment 21 #
2022/2200(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to the Dayton Peace Agreement that establishes the mandate of the OSCE Mission in BiH,
Amendment 28 #
2022/2200(INI)
Motion for a resolution
Recital A
Recital A
A. whereas enlargement is the EU’s most effective foreign policy instrument and represents a geostrategic investment in lasting peace, democracy, prosperity, stability and security;
Amendment 37 #
2022/2200(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the democratic transformation and rule of law are at the core of the EU accession process;
Amendment 49 #
2022/2200(INI)
Motion for a resolution
Recital D
Recital D
D. whereas genuine reconciliation in BiH is needed, based on its multicultural characterdiverse society and equal rights for all;
Amendment 84 #
2022/2200(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages all authorities to seize the momentum to meaningfully advance on the 14 key priorities respecting accountability of institutions and quality and transparency of the processes, and avoid slipping back into obstructive policies; underscores that BiH’s path towards EU accession needs to be anchored in functioning democratic institutions, rule of law, the fight against corruption and organised crime, respect for fundamental rights and non-discrimination for all citizens and constituent peoples as enshrined in the cos enshrined in the constitution; calls on all political actors in BiH to end and refrain from the blockages of the democratic processes and work of institutions;
Amendment 99 #
2022/2200(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reaffirms its support for the mandates of the Office of the High Representative and EUFOR Operation Althea in overseeing the implementation of the Dayton Peace Agreement in order to grant peace and stability; welcomes the operations' support of the Armed forces of BiH through training activities; underlines the operation’s important work to clear mine areas; welcomes in this context the monitoring and controlling of the destruction of surplus ammunition and weapons;
Amendment 103 #
2022/2200(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the numerous activities of OSCE in BiH, inter alia their engagment in arms control, the security sector reform, in war crime investigations and in the fight against human trafficking; highlights their activities on gender equality, on programs to support good governance and on the media reform; welcomes their support for civil society and human rights initiatives and conflict prevention;
Amendment 104 #
2022/2200(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recognizes BiH´s continued dialogue with the OSCE Mission on its goal to promote stability and reconciliation, advance understanding of and respect for human rights and in confidence and security building;
Amendment 112 #
2022/2200(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes BiH’s increased alignment with the EU’s common foreign and security policy (CFSP), and urges for the effective implementation of targeted sanctions stemming from CFSP alignment;
Amendment 127 #
2022/2200(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Denounces the recurring inflammatory rhetoric and secessionist policies by the leadership of the Republika Srpska (RS) entity, including the unconstitutional celebration of the so- called RS Day; underlines that such actions destabilise BiH, putting peace at risk, undermine the Dayton Peace Agreement, contradict BiH’s EU perspective and endanger access to EU funding; condemns the refusal to implement judgements of the Constitutional Court of BiH; condemns genocide denial and denial of war crimes;
Amendment 137 #
2022/2200(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its call for targeted sanctions against destabilising actors in BiH, including those threatening BiH's sovereignty and territorial integrity, notably Milorad Dodik, as well as other high-ranking officials of Republika Srpska and third-country officials providing political and material support for secessionist policies;
Amendment 157 #
2022/2200(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the rule of law, good governance, pluralism and fundamental rights need to be mainstreamed in IPA III funding, which must be based on strict conditionality; recalls that EU funding for projects in the RS entity shouldmust remain frozen until the reversal of democratic backsliding by the RS entity and until full alignment with the CFSP;
Amendment 173 #
2022/2200(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that the general elections held in October 2022 were generally well organised and competitive; notes however that they took place against a backdrop of stagnant reforms, divisive rhetoric and political obstruction; takes note of the changes introduced by the High Representative to the election law and constitution of the Federation of BiH, aimed at addressing a number of functionality issue, reported political and financial obstruction, non-transparent financing of election campaigns, trading of polling stations between political parties, numerous irregularities reported by observers and political pressure on the Central Election Commission; expresses its concerns about the large number of invalid ballots; condemns the changes introduced by the High Representative to the election law and constitution of the Federation of BiH, aimed at addressing a number of functionality issues; supports the criticism regarding the transparency, timing and lack of consultations in the processes; underlines that the timing of the changes was not appropriate and undermined the election process;
Amendment 185 #
2022/2200(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets the failure of political actors to bring the constitution and the electoral framework in line with the European Convention on Human Rights; calls on all decision makers to reach an agreement in line with the verdicts of international and domestic courts, as well as the political agreement of 12 June 2022; supports limited, transparent and inclusive reforms based on comprehensive consultations and public dialogue that wshould include civil society actors to enable a sustainable transformation of the Dayton Peace Agreement;
Amendment 205 #
2022/2200(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses its concern about the lack of progress on preventing widespread corruption and the increasing signs of state capture, political interference and obstruction; urges BiH to adopt conflict of interest laws and to strengthen protection for whistleblowers by ensuring the implementation of existing laws and by ensuring independence of institutions responsible for the implementation;
Amendment 212 #
2022/2200(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Urges the BiH authorities to prosecute high-profile corruption cases in a timely manner;
Amendment 216 #
2022/2200(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for increased resources for anti-corruption structuresategies and structures and the adoption of integrity plans for the latter; points to the added value of effective cooperation among law enforcement agencies and with the European Public Prosecutor’s Office;
Amendment 236 #
2022/2200(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes the ongoing reduction in the backlog of war crimes cases, but regrets that the pace remains slow and that the strategic goal to solve all cases related to war crimes will not be met due to the high backlog; reiterates the necessity to prosecute and accelerate criminal proceedings, as 28 years have passed and reconciliation cannot be achieved without adequate judgements;
Amendment 251 #
2022/2200(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes BiH’s active participation in regional cooperation; welcomes the recent agreements in the context of the Berlin Process and calls for the swift ratification;
Amendment 253 #
2022/2200(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises the vital role of independent media; condemns attacks on and threats and intimidation against journalists, including by politicians and, public figures; insists on appropriate judicial follow-up and the protection of journalis and private companies; calls to ensure the transparency of media ownership and financial sustainability of the public broadcasting system; condems Republika Srpska’s adoption of amendments to the criminal code that recriminalise defamation, as the proposals encourage censorship and block criticism of the regime and other powerful figures; calls on the Republika Srpska’s authorities to withdraw the amendments;
Amendment 261 #
2022/2200(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Denounces the recurring anti- LGBTI+ hate speech and incitement to violence from certain politicians, in particular in Republika Srpska, which led to violence against LGBTI+ people in Banja Luka on 18 March 2023, with insufficient police action to prevent it;
Amendment 264 #
2022/2200(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Welcomes the establishment of a focal point in charge of overseeing anti- LGBTI+ hate crimes in all ten Cantonal Prosecutor’s Offices; calls for all entities to amend their criminal codes so that hate crime and hate speech provisions cover the grounds of sexual orientation, gender identity and sex characteristics, and to work with LGBTI+ civil society to improve implementation of these laws;
Amendment 267 #
2022/2200(INI)
27. DeploreCondemns discrimination, segregation, violence and hate speech against minorities, and urges effective prosecution of such cases; calls on BiH to safeguard and promote the countrywide rights of all minoritiespeople on the move; urges for the implementation of effective pathways to legal remedies and prosecution; calls on BiH to safeguard and promote the countrywide rights of all minorities and people on the move in order to ensure their protection and their fundamental freedoms; calls on the BiH authorities to collect data on hate crimes categorized by motivation;
Amendment 276 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Federation, Republika Srpska and Brcko District to draft a law on ensuring legal gender recognition based on self-determination, in accordance with ECtHR practice and the WHO’s revision of ICD-11, which came into force in January 2022, and which depathologises trans identities in all areas of life;
Amendment 277 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Notes local authorities’ efforts in the promotion of LGBTI+ friendly environment; calls for practical steps to be taken to promote the inclusion of and to prevent violence against LGBTI+ community;
Amendment 284 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Welcomes the progress on the elaboration of a law at Federal level that would give same-sex couples access to partnership rights; encourages the government to draft this law without delay; calls on Republika Srpska and Brcko District to also initiate processes for the drafting of legislative solutions for the recognition of same-sex partnerships, in order to provide same-sex couples with equal treatment on this issue countrywide;
Amendment 291 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls for harmonization and implementation of legislation in line with the Istanbul Convention;
Amendment 292 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27 c. Welcomes the adoption of the new National LGBTI Action Plan 2021-2024; calls for its full and timely implementation;
Amendment 295 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27 d. Calls to step up the protection of the rights of the Roma minority; condemns their ongoing segregation and the discriminatory and racist practices against them; highlights the disproportionate poverty of Roma people; is particularly concerned about the discrimination of Roma children and students in the educational system;
Amendment 296 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 e (new)
Paragraph 27 e (new)
27 e. Expresses concerns about the stagnation of the harmonisation of BiH entities' criminal legislation regarding the Istanbul Convention;
Amendment 297 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 f (new)
Paragraph 27 f (new)
27 f. Calls on BiH authorities to ensure gender equality in all aspects of public and private life; regrets that BiH does not collect data on femicide; calls for the establishment crisis centres for the victims of sexual violence;
Amendment 298 #
2022/2200(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Regrets that rulings of the European Court of Human Rights have still not been implemented(Sejdić-Finci judgment and Zornić judgement) have still not been implemented and that discriminatory provisions from BiH Constitution prevents all citizens from having equal political rights;
Amendment 317 #
2022/2200(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recognises the key role of civil society in reform processes; calls on the authorities to foster a conducive environment for their work; supports the format of the citizen council in BiH and welcomes its policy recommendations from 27 February 2022; calls for the protection and promotion of the freedom of assembly and of expression to be enhanced;
Amendment 319 #
2022/2200(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Condemns attacks on and threats and intimidations against civil society activists, including those by politicians; insists on appropriate judicial follow-up and protection of civil society activists, condemns intentions of RS authorities to introduce restrictive laws that would label CSOs receiving international funding as foreign agents;
Amendment 325 #
2022/2200(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Calls on politicians, public figures, authorities and private companies to refrain from utilizing SLAPPs (Strategic lawsuits against public participation) as a form of intimidation against human rights defenders and journalists;
Amendment 328 #
2022/2200(INI)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Recognizes that laws on freedom of assembly are fragmented and restrictive; urges the authorities to amend the laws according to EU standards, and refrain from interfering with exercising the freedom of assembly;
Amendment 338 #
2022/2200(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reiterates the need for solidarity- based migration and asylum managementapproach and a fair distribution of reception capacities; welcomesurges for the effective compliance of international law, also in detention centres; emphasises the importance to upheld the principle of non-refoulement and the prohibition of inhuman treatment in all circumstances and for all returns to the migrants’ country of origin or country of transit; calls for the effective inclusion of civil society actors in the reception response, even if the authorities take over the response, to ensure monitoring; takes note of the opening of negotiations on BiH’s upgraded status agreement with the European Border and Coast Guard Agency; regrets persisting shortcomings in migration and border management, including allegations of pushbacks; calls on BiH to fully align with the EU’s visa policy; underscores the importance of maintaining sufficient reception capacity; calls on BiH, together with the support of the EU, ensure the set-up of a crisis response capacity in case the number of migrants, refugees and asylum-seekers within the country increases again; calls on BiH to improve living conditions and safety inside Temporary Reception Centres; calls on BiH to improve the speed, length and quality of the asylum procedures;
Amendment 347 #
2022/2200(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Urges BiH to prioritise measures aimed at addressing poverty and inequality, social protection, improving competitiveness and the business environment, boosting economic diversification and tax harmonisation, promoting the digital and green transitions, addressing the informal economy and tackling unemployment; highlights persistent poverty of inhabitants of rural areas and vulnerable groups like Roma people, children and elderly people;
Amendment 381 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Urges BiH to establish a strict application of laws and measures for environmental protection, which would prevent and reduce the impact on the environment of mining research and mine operation; insists in the need to protect the BiH rivers; urges BiH to initiate effective air quality protection programs in BiH cities;
Amendment 383 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37 b. Encourages entity governments of BiH to increase transparency through public participation and consultation with local communities, scientific experts and civil society when planning projects;
Amendment 385 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 c (new)
Paragraph 37 c (new)
37 c. Urges BiH to maintain the integrity of existing national parks and other protected areas;
Amendment 63 #
2022/2048(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the EU’s response to the Russian war of aggression against Ukraine is a test of the effectiveness of the EU’s foreign, security and defence policy and of its role as a credible foreign policy player, a reliable international partner and a credible security and defence actor; stresses in this regard that the EU as a soft power must step up its diplomatic efforts to promote a ceasefire in Ukraine;
Amendment 73 #
2022/2048(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underscores that the tectonic shift in the geopolitical landscape caused by the war in Ukraine and other international challenges calls for a swifter and more resolute implementation of the concept of strategic sovereignty and for a geopolitical awakening of the EU; stresses at the same time that a policy based exclusively on military confrontation, rearmament and deterrence is not a reliable basis for stability;
Amendment 110 #
2022/2048(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the EU should remain committed to arms control and disarmament.
Amendment 475 #
2022/2048(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses the importance that NATO must not become party to the war in Ukraine, because that inevitably means that the conflict could escalate into a Third - possibly nuclear - World War; stresses that the spiral of escalation must be stopped;
Amendment 239 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 263 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 288 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 308 #
2022/0066(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 345 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 360 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 390 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 430 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 504 #
2022/0066(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 537 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 558 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 587 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
Amendment 603 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 632 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
2022/0066(COD)
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 653 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 685 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 912 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 1042 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
Amendment 1070 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1107 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
Amendment 1176 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
Amendment 1294 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination.
Amendment 1314 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1339 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1377 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1431 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
Amendment 1481 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1491 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
Amendment 1521 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1536 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1579 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1626 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 27 #
2021/2250(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the relevant resolutions by the Committee of Ministers of the Council of Europe, including the interim resolution of 2 December 2021 on the execution of the judgment of the European Court of Human Rights in Kavala against Turkey, the interim resolution of 2 December 2021 on the execution of the judgment of the European Court of Human Rights in Selahattin Demirtaş v Turkey (No. 2), and the interim resolution of 2 February 2022 on the execution of the judgment of the European Court of Human Rights in Kavala against Turkey, and the resolution of 17 October 2007 and the interim resolution of 9 March 2009 and the following 9 decisions on the execution of the judgment of the European Court of Human Rights in Ülke v. Turkey;
Amendment 41 #
2021/2250(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the report of the Parliamentary Assembly of the Council of Europe on ‘Restrictions on NGO activities in Council of Europe Member States';1a _________________ 1a PACE report on Restrictions on NGO activities in Council of Europe Member States, accessible at https://assembly.coe.int/nw/xml/XRef/Xref -XML2HTML-en.asp?fileid=28906⟨=en
Amendment 94 #
2021/2250(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas bans on Pride events have constituted significant curtailment to the freedom of association and expression for LGTBI persons, justified by the ‘need to protect participants against terror threats’, ‘protection of public morals’, ‘social sensitivities’, the risk of these events ‘inciting hatred and enmity’ or to ‘prevent crimes being committed’; whereas these reasons constitute deliberate attempts at undermining international human rights obligations and reflect the need for progress on protection of LGBTI people, namely in the fields of freedom of peaceful assembly, association and expression;
Amendment 178 #
2021/2250(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that the crucial area of fundamental rights and freedoms, which is at the core of the accession process, cannot be disconnected and isolated from overall relations with the EU and stresses that for Parliament, it remains the main obstacle to further progress on any positive agenda that could be offered to Turkey; considers that the adoption on March 2021 of an Action Plan on Human Rights shows a willingness to improve the overall situation of fundamental rights in Turkey; notes nevertheless that the commitment of the government will be measured by the extent of its implementation and the reforms undertaken to ensure its application to all citizens without discrimination;
Amendment 212 #
2021/2250(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the importance of upholding the freedom of assembly in Turkey, which is enshrined in its constitution and a positive obligation derived from its membership of the European Convention of Human Rights;
Amendment 224 #
2021/2250(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its serious concern about the disproportionate and arbitrary measures curtailing freedom of expression; welcomes the further decrease in the number of journalists in prison in Turkey; expresses at the same time serious concern about the continuation of arbitrary arrest of journalists;
Amendment 264 #
2021/2250(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Expresses concern about the growing number of applications regarding conscientious objection at the Constitutional Court since the first application in 2017 that have been pending without any essential communication with the applicants;
Amendment 269 #
2021/2250(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the sustained pressureharassment onf civil society and human rights defenders and the continuously shrinking space to operate freely in Turkey; notes the grave impediment on their freedom to associate peacefully through the Law on Preventing Financing of Proliferation of Weapons of Mass Destruction; is concerned by the observations from the Council of Europe’s Commissioner for Human Rights and Parliamentary Assembly, who point that human rights organisations were the first to be audited pursuant to this law; urges Turkey to review the articles of the Law which are not related to the prevention of financing or proliferation of weapons of mass destruction, in particular those articles which unduly target civil society;
Amendment 286 #
2021/2250(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges the Turkish Government to implement the individual and general measures enshrined in the interim resolution concerning conscientious objection, calling on the Turkish government to constitutionally adopt conscientious objection as an exercise of freedom of thought, conscience and religion in accordance with the recommendations of the Committee of Ministers; urges to make necessary legal amendments to cease the cycle of prosecutions and punishments, as well as all the restrictions that prevents conscientious objectors to vote and to be elected, to work at state and private sectors, to have a bank account, to continue their higher education, to travel and accommodate freely, i.e. continue a living as equal citizens;
Amendment 299 #
2021/2250(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses deep concern about the state-sponsored deterioration in the human rights situation for LGBTI people, in particular with regard to physical attackhate crimes – especially against transgender persons –, the protracted bans on Pride marches across the country, restrictions on the freedoms of assembly, association and expression, and censorship in the media; and online; recalls the need to adopt measures to ensure all citizens can enjoy these freedom safely; calls on authorities to align its criminal legislation concerning homophobic and transphobic hate crime with ECRI’s General Policy Recommendation 7,1aas requested by ECRI in its 2019 conclusions1b; urges authorities to lift the protracted bans on Pride events; _________________ 1a ECRI General Policy Recommendation No. 7 on National Legislation to Combat Racism and Racial Discrimination, accessible at https://rm.coe.int/ecri- general-policy-recommendation-no-7- revised-on-national-legislatio/16808b5aae 1b ECRI country monitoring conclusions on Turkey, accessible at https://rm.coe.int/interim-follow-up- conclusions-on-turkey-5th-monitoring- cycle-/168094ce03
Amendment 303 #
2021/2250(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes with concern the increasing hate speech and smear campaigns by high-ranking central government and public officials against LGBTI persons; considers that this constitutes a worrying trend and a powerful enabler of increased harassment, discrimination and potential violence; recalls that Turkey’s obligations under the ECHR entail a responsibility to combat discrimination and violence against LGBTI persons and urges authorities to deliver on their commitments;
Amendment 308 #
2021/2250(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Highlights the pattern of use of judicial proceedings to silence human rights defenders, NGOs and lawyers and to curtail activism, in particular LGBTI rights defenders;1a notes the examples of the criminal investigations against the Istanbul, Ankara and Diyarbakir bar associations and the case of the participants in the 2019 METU Pride; welcomes the acquittal of the latter; calls on Turkey to drop all charges against peaceful participants of LGBTI events; _________________ 1a Letter of the Commissioner for Human Rights of the Council of Europe of 17 June 2021 concerning the human rights of LGBTI people, accessible at https://rm.coe.int/letter-to-mr-suleyman- soylu-minister-of-interior-and-mr- abdulhamit-gul/1680a2e486
Amendment 310 #
2021/2250(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
Amendment 334 #
2021/2250(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises that Turkey has legitimate security concerns and the right to fight terrorism; stresses, nevertheless, that this must be done with full respect for the rule of law, human rights and fundamental freedoms; reiterates its firm and unambiguous condemnation of the violent terrorist attacks by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002; calls on Turkey to resume the peace process it had with the Kurdish movement between 2013 and 2015 which gave hope for a peaceful resolution of the conflict; urges Turkey therefore to reinitiate the dialogue with the Kurdish movement;
Amendment 349 #
2021/2250(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. CIs concerned about Turkey’s refusal to implement obligations underlined in reports of the Committee for Prevention of Torture; calls on Turkey to abide by a zero- tolerance policy on torture and to duly investigate persistent and credible reports of torture, ill-treatment and inhumane or degrading treatment in custody, in order to put an end to impunity and hold those responsible to account;
Amendment 352 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Urges that Turkey protects all asylum-seekers and refugees from refoulement, ensuring that displaced populations are guaranteed the right to ongoing protection in line with international standards; is in this regard deeply concerned about violent pushbacks of Afghan asylum-seekers in the East of Turkey into Iran, and requests that Turkey, in line with the UNHCR guidance note on the International Protection Needs of People Fleeing Afghanistan provide Afghans with a legal basis to stay in Turkey; expresses concern that Turkey has resumed charter flights to repatriate Afghan nationals back to Afghanistan, whilst conditions for voluntary repatriation cannot yet be met;
Amendment 358 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Supports increased access to economic opportunities for refugees in Turkey, in order to ensure economic resilience of vulnerable refugee families to secure a sustainable living;
Amendment 359 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Is concerned about the increasing number of unregistered asylum-seekers in Turkey who are denied access to basic protection due to increasingly restrictive measures; is concerned about the lack of access to basic services such as employment, education, healthcare and protection; is deeply concerned about the alarming trend of violence against refugees in Turkey and urges Turkey to strongly condemn all acts of violence against asylum-seekers, refugees and migrants;
Amendment 362 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20 d. Is concerned about the growing risk of statelessness for a generation of Syrian children born in Turkey when unable to obtain either Turkish or Syrian citizenship; and thus urges Turkey to abide by its legal safeguards against statelessness which includes the 1954 Convention on the Status of Statelessness Persons and Article (8) of Turkish Citizenship Law;
Amendment 364 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20 e. Supports increased quality access to protection services for specific vulnerable groups, such as refugees with disabilities and LGBTQI+ refugees;
Amendment 365 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20 f. Urges Turkey to provide increased access to international and national non- governmental organisations to deportation centres to monitor and provide assistance to those in process of being returned;
Amendment 374 #
2021/2250(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Commends the efforts made by Turkey to continue hosting the largest refugee population in the world; welcomes, in this regard, the continued provision of EU funding for refugees and host communities in Turkey, and expresses its commitment to sustain this support in the future; urges the Turkish government to ensure that funding covers both the immediate humanitarian needs of refugees, particularly in light of deteriorating economic conditions in Turkey, as well as longer-term resilience and local inclusion programmes; supports the funding of Turkish municipalities by the EU which have to meet the support of all migrants, asylum-seekers and refugees;
Amendment 389 #
2021/2250(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Believes that resettlement must remain an option for refugees in Turkey and that resettlement programmes can be most effective with a comprehensive registration process; urges Turkey and the EU to ensure that those refugees that would most benefit from resettlement, including the elderly and those with chronic illnesses, are prioritised for resettlement places;
Amendment 402 #
2021/2250(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Notes that refugees should not be influenced or encouraged to return to potentially unsafe locations and countries due to hostile or deteriorating living conditions in Turkey; underlines that those who choose to return should be fully informed of the risks and consequences of doing so;
Amendment 405 #
2021/2250(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21 c. Expresses serious concern about the Turkish government’s use of its influence abroad to abduct its citizens in violation of international law, undermining domestic legal procedures for extradition;
Amendment 474 #
2021/2250(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls on Turkey to withdraw its troops from Northern Syria which it is illegally occupying outside of any UN mandate; condemns Turkey’s illegal transfers of Kurdish Syrians from occupied Northern Syria to Turkey for detention and prosecution in violation of Turkey’s international obligations under the Geneva Conventions; urges that all Syrian detainees who have been transferred to Turkey be immediately repatriated to the occupied territories in Syria; is worried that Turkey’s ongoing displacements could amount to ethnic cleansing against the Syrian Kurdish population; stresses that Turkey’s illegal invasion and occupation has jeopardised peace in the region; firmly condemns Turkey’s use of Syrian mercenaries in conflicts in Libya and Nagorno- Karabakh, in violation of international law;
Amendment 119 #
2021/2248(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Welcomes the establishment of the Commission for Prevention of and Protection against Discrimination and its work; urges the government to ensure sufficient funding to enable it to achieve its full potential;
Amendment 143 #
2021/2248(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Commends the government’s efforts to improve engagement with civil society and calls for a framework to ensure the financial sustainability of civil society organisations; strongly welcomes in this optic the creation of the Inter-Party Parliamentary Group for Improvement of the Rights of LGBTI People, which constitutes a positive synergy between civil society and institutions;
Amendment 153 #
2021/2248(INI)
Amendment 177 #
2021/2248(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the relevant bodies to proactively prevent and systematically prosecute all instances of hate speech, hate crimes and intimidation, to thoroughly investigate related attacks and to ensure the safety and security of their targets, such as journalists, people belonging to minorities and other vulnerable groups; calls for the government and the judiciary to improve institutional capacity in this area and ensure increasing hate speech is addressed in accordance with international standards;
Amendment 179 #
2021/2248(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Is concerned by the stark increase of misinformation and discriminatory speech against LGBTI people and human rights defenders in the media and political sphere; condemns the hate speech and death threats levelled at LGBTI human rights defenders and urges full investigation and sanctioning of these incidents; stresses the importance of updating and adopting education laws which remove discriminatory and stigmatising contents and are harmonized with the Law on Prevention and Protection against Discrimination;
Amendment 112 #
2021/2247(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 155 #
2021/2247(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes progress on the protection and promotion of LGBTIQ rights and the first same-sex marriage in July 2021registered partnership in July 2021; calls on the government to continue making the appropriate amendments to other laws and bylaws required for the full implementation of the Law on registered partnership, which continue to pose problems for some partners’ access to it; underlines that the promotion of LGBTIQ rights is a responsibility of the Ministry of Justice, Human and Minority Rights, and is therefore concerned that neither the National LGBTI Strategy nor LGBTI rights are referenced in the description of its directorates work programmes;
Amendment 161 #
2021/2247(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 162 #
2021/2247(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Notes with concern the unavailability of hormone therapy for trans people in state health institutions and private pharmacies; is aware that this is a consequence of shortage of medicines caused by the Covid-19 pandemic, but calls on the responsible authorities to provide a response that ensures trans persons’ access to health, respecting their physical and mental integrity;
Amendment 17 #
2021/2245(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process;
Amendment 27 #
2021/2245(INI)
Motion for a resolution
Recital A
Recital A
A. whereas BiH citizens aspire towards Euro-Atlantic integration for sustainable peace, democracy and prosperity; whereas the European Parliament has continuously supported BiH path into the EU;
Amendment 33 #
2021/2245(INI)
Motion for a resolution
Recital C
Recital C
C. whereas BiH’s progress on its EU accession path depends on the implementation of the 14 key priorities in the Commission’s opinion on BiH’s EU membership application, and; whereas EU assistance should address the persistent lack of progress in that regard with BiH counterparts;
Amendment 43 #
2021/2245(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Office of the High Representative (OHR) and EUFOR Althea are integral in preserving peace, security and stability, in BiH and the Western Balkans region;
Amendment 44 #
2021/2245(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the High Representative used the Bonn Powers to suspend Republika Srpska Law on Immovable Property;
Amendment 48 #
2021/2245(INI)
Motion for a resolution
Recital E
Recital E
E. whereas all BiH citizens should enjoy equal rights and obligations throughout BiH territory regardless of their ethnic background; whereas the country has committed to international obligations to end systematic ethnicity and residence-based discrimination and ensure citizens’ equality before the law and has so far failed to do so;
Amendment 70 #
2021/2245(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges BiH todecision-makers to show commitment to the European project by advanceing on the 14 key priorities, notably by restoring the independence of the judiciary, strengthening the rule of law, intensifying the fight against corruption and organised crime, securing media freedom and an enabling environment for civil society, and protecting vulnerable groups;
Amendment 72 #
2021/2245(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its clear support for BiH’s democratic transformconsolidation through European integration, based on unity, sovereignty and territorial integrity, grounded in the principles of equality and non- discrimination of all citizens and constituent peoples as enshrined in the constitutionpeople living in BiH following the ECHR decisions in the Seidic-Fince group of cases;
Amendment 85 #
2021/2245(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on all UNSC Members to ensure the renewal and continuity of the mandate of the OHR, as a crucial anchor of BiH stability;
Amendment 97 #
2021/2245(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the impasse in negotiations on electoral law reform in BiH and the lack of political will to overcome it; calls on all actors to promptly reach a balancnegotiate in good will and promptly reach a democratic human rights based agreement, to fulfil the constitutional duty of democratic governance and to ensure the transparency and integrity of the electoral process;
Amendment 107 #
2021/2245(INI)
6. Strongly denounces the disregard for international and national norms and obligations, all hate rhetoric and disruptive action, including withdrawal from institutions, particularly by the leadership of the Republika Srpska entity, which destabilises the country, undermines its statehood in violation of the Dayton Peace Agreement and systematically hampers decisions on key laws and reforms; reject which are essential to advance towards EU integration; condemns all attempts to form parallel parastatal institutions, which undermine state institutions, constitutional and legal order, judicial independence and sovereignty; calls for a full, non-selective and unconditional return to all state institutions;
Amendment 119 #
2021/2245(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the EU and the international community to use all available tools, including targeted sanctions, against destabilising actors in the country, notably Milorad Dodik in the country; welcomes the set of sanctions already adopted in this respect; calls on all EU Member States to ensure similar targeted sanctions can be adopted by the Council;
Amendment 134 #
2021/2245(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that the EU future of BiH depends on sustainable peace and genuine dealing with the past and reconciliation, warranting its democratic, inclusive and multi-ethnic character; urges BiH to expedite effective and impartial prosecution of war crimes under the revised national war crimes processing strategy; calls on all regional political leaders to set up the relevant commission (RECOM);
Amendment 140 #
2021/2245(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages authorities to intensify cooperation and data sharing on missing persons and to ensure redress for the families of civilian victims, and the safe and sustainable return of refugees and internally displaced people, the full respect of their rights and the return of their property, as well as reconstruction assistance, job creation and social measures and education rights on the regional and national level;
Amendment 144 #
2021/2245(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the amendments to the BiH Criminal Code outlawing the glorification of war criminals and the denial of genocide, crimes against humanity and war crimes; deplores any attempt not to implement this decision; strongly condemns all forms of historical revisionism, denial, or minimisation or glorification of war crimes including non- compliance with decisions of international and domestic tribunals; calls for implementation of the amendments and effective investigations and prosecution of genocide denial;
Amendment 152 #
2021/2245(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges BiH’s political actors to make progress on reforms that are needed to bring the country closer to the EU; calls for an inclusion of civil society organisations in the process, during the transition and beyond; denounces all attempts to stall these reforms, thus endangering access to EU funding under IPA III, which must be based on strictboth incentives and strict rule of law conditionality and depends on the cooperation of different authorities;
Amendment 167 #
2021/2245(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. SRecalls on respecting the democratic principle of holding regular elections, in accordance with the Electoral Law; stresses the importance of holding elections this year as planned;
Amendment 171 #
2021/2245(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports transparent and inclusive constitutional and electoral reforms to ensure equality and non-discrimination of all citizens, enhance accountability and transform BiH into a fully functional and inclusive state by immediately implementing rulings, opinions and recommendations of competent courts and international bodies; supports transatlantic facilitation efforts to this endregrets that US and EU facilitation efforts to this end took place with ethno-nationalist leaders outside of parliamentary structures; highlights the importance of the BiH Parliament as the legitimate arena for the ongoing negotiations on electoral reform, as a legitimate and supported BiH Parliament constitutes avital sign of a functioning democratic state;
Amendment 200 #
Amendment 207 #
2021/2245(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls the need for laws on gas and electricity, renewables, energy efficiency and climate, and to step up environmental and nature protection and ambition towards a green transition; calls on the Green Agenda for the Western Balkans to fully support BiH in this respect;
Amendment 213 #
2021/2245(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Urges BiH authorities to opt out from new coal generation facilities financed by China that are contrary to the EU directives on state aid and the country's commitments resulting from the Green Agenda;
Amendment 223 #
2021/2245(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for urgent action to tackle widespread selective justice, state capture, nepotism, cronyism, high-level corruption and criminal infiltration; reiterates the urgent need for judicial reform across BiH to improve the professionalism and integrity of the judiciary; notably calls for strengthening of the monitoring of performances of judiciary actors and the improvement of corruption monitoring mechanisms;
Amendment 227 #
2021/2245(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Reiterates the need to investigate political and administrative links to organised crime and to effectively prosecute high-profile corruption cases;
Amendment 229 #
2021/2245(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the need to update laws and align with the EU on anti-money laundering and countering the financing of terrorism, and to establish an asset recovery office; financing of political parties, and protection of whistleblowers;
Amendment 235 #
2021/2245(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the poor cooperation of BiH’s law enforcement agencies and their failure to effectively collaborate with Europol, Eurojust and the European Public Prosecutor’s Office; welcomes bilateral efforts supported by Europol and Eurojust aimed at dismantling people smuggltrafficking networks;
Amendment 243 #
2021/2245(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the continuing failure to safeguard media freedom and pluralism; insists on eliminating political interference and protecting journalists from intimidation with systematic judicial follow-upthe safety of journalists with systematic and efficient prosecution; calls on the authorities to take immediate and effective investigative steps in a timely manner; calls on the authorities to assign a special layer of protection to journalists in the criminal codes;
Amendment 251 #
2021/2245(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deplores threats from the authorities against civil society; condemns growing restrictions on freedom of expression in theand freedom of assembly in BiH, notably in Republika Srpska entity;
Amendment 255 #
2021/2245(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses the need to ensure the participation of citizens in the democratic life of the country through effective, meaningful and inclusive involvement of civil society organisations in the EU integration process; calls on authorities to ensure an enabling environment for civil society upholding international standards; calls on the authorities to develop and implement a strategic framework of cooperation with civil society and to guarantee an inclusive policy dialogue;
Amendment 260 #
2021/2245(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to refocus IPA III support to in-country democratic forces, institutions and procedures and to civil society organisations;
Amendment 262 #
Amendment 265 #
2021/2245(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to safeguard the rights of minorities and inclusion of vulnerable populations; calls for stronger country-wide human rights and anti- discrimination strategies and the implementation of an independent body to deal with human rights violations and issues; urges the prevention and proactive prosecution of hate crimes, hate speech and disinformation as well as gender-based and sexual violence;
Amendment 268 #
2021/2245(INI)
24 a. Calls for the amendment of the criminal codes in the Federation of BiH and Brčko District to expand provisions on incitement to hatred and violence so that they include sexual orientation, gender identity and sex characteristics as protected grounds;
Amendment 271 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Is concerned by the level of gender-based violence, for which the institutional response needs to be improved and at abuses against women rights defenders; expects Bosnia and Herzegovina to accelerate the prosecution of crimes of sexual violence and provide reparation to women victims of war crimes; underlines the importance to provide reparation, access to specialised support services, legal aid and safe accommodation to women survivors of war crimes;
Amendment 272 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Recalls the need for specific earmarked funding on gender equality in all EU external financial instruments, and for reduced administrative constraints to allow access to funding for local and small civil society organisations (CSOs) and especially women civil society organisations (WCSOs);
Amendment 275 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24 d. Calls for the need to introduce legislation to protect LGBTI+ and for the prosecution of violence and hate crimes against them, as well as for promotimg their social inclusion and adopt a relevant action plan;
Amendment 277 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24 e. Calls for the adoption of the Action Plan for Equality of LGBTI Persons in Bosnia and Herzegovina 2021- 2023, which has been stalled since 2020;
Amendment 279 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24 f. Welcomes the conclusion of the Intersectoral Working Group on same-sex rights and partnership, which officially recommended a law on same-sex partnership to be drafted; calls on the government to bring this to the government session without delay;
Amendment 282 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 g (new)
Paragraph 24 g (new)
24 g. Welcomes the fact that the Government of the Canton of Sarajevo covered the security costs of the 2021Sarajevo Pride; calls for the amendment and harmonization of laws regulating freedom of assembly to come in line with international and EU standards;
Amendment 287 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 h (new)
Paragraph 24 h (new)
24 h. Stresses the need to duly prevent discrimination of Roma and other ethnic minorities, to improve access to healthcare, education, labour market and to develop and implement strategies on social inclusion;
Amendment 290 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 i (new)
Paragraph 24 i (new)
24 i. Demands BiH to develop and adopt a new action plan on child protection;
Amendment 292 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 j (new)
Paragraph 24 j (new)
24 j. Stresses that the strengthening of the welfare state in BiH is an important condition for social cohesion;
Amendment 298 #
2021/2245(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reiterates its call to urgently end segregation and discrimination in education, including by implementing court rulings to end the discriminatory illegal practice of ‘two schools under one roof’; stresses the need to invest more in the education sector – from pre-school to higher education in order to achieve better and equal opportunities for all including vulnerable groups;
Amendment 300 #
2021/2245(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Welcomes the continued participation of BiH thanks to IPA support to the Erasmus+, Creative Europe and Europe for Citizens Programmes; stresses that educational and cultural exchanges and joint projects are an essential part of bringing the citizens of BiH and of the EU closer;
Amendment 303 #
2021/2245(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Urges BiH authorities to address the increasing youth unemployment rate, and to concentrate resources and leverage to ensure a future for BiH young people in their country:
Amendment 304 #
2021/2245(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Calls on the authorities to foster the social dialogue among social partners on all socio-economic matters and to strengthen the role of trade unions bargaining for collective agreements;
Amendment 307 #
2021/2245(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Deplores the failure of authorities to address the severe migration-related humanitarian crisis at the border of Croatia and BiH; recalls the need for solidarityhuman rights-based solutions on migration and asylum, ensuring adequate humanitarian assistance and appropriate reception capacities across the country; welcomes the opening of the EU-funded centre in Lipa, especially also medical assistance and vaccination strategies, and appropriate reception capacities across the country; recalls the need for the establishment of accessible and efficient asylum system in the country as well as a full range of integration services for asylum seekers; reiterates its serious concerns over the rights of people in transit in BiH; expresses deep concerns about pushbacks of refugees to Serbia and Montenegro, as well as the limitation of their movement and limitation of public transport inside the country; underlines that the “externalisation” of EU border management and migration control to BiH authorities is of concern in light of violations of human rights standards; states that it is the EU’s duty to conduct a humane and migration approach, that aims at protecting the fundamental rights of persons in need of international protection in countries of transit such as BiH;
Amendment 311 #
2021/2245(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Condemns the closure of Miral camp on 28 April and that people who were living there were forcibly moved to Lipa camp which is far away from any infrastructural accessibility;
Amendment 312 #
2021/2245(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Condemns the eviction of squats by the police by force on 28 April which happened when people were sleeping; condemns that people were moved to Lipa camp;
Amendment 330 #
2021/2245(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for the EU to take concrete steps to integrate the Western Balkans and BiH within a broader strategic and security context, also in view of the Russian aggression against Ukraine, disinformation and malign interference destabilising the country and region; stresses the need for the EU to boost its proactive strategic communication to counter attempts at diminishing the EU’s credibility and actions in the region and jeopardizing the country’s unity;
Amendment 332 #
2021/2245(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Underlines the need for EU to boost assistance and technical expertise to BiH for the protection and securitization of its cyber domain;
Amendment 335 #
2021/2245(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Urges the EU to assist BiH in increasing its green energy security amid the ongoing war in Ukraine and the precariousness of the energy prices;
Amendment 338 #
2021/2245(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes EU-funded efforts to boost demining and the disposal of weapons, ammunition and explosives; underlines that BiH officially aligns itself with the criteria and principles of the Common Position on Arms Export and is a State Party to most disarmament, non- proliferation and arms control treaties;
Amendment 1 #
2021/2244(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Council of Europe’s report ‘Beyond Definitions: a call for action against hate speech in Albania – a comprehensive study’, published in November 2021;1a _________________ 1a https://rm.coe.int/beyond-definitions- eng/1680a464b2
Amendment 131 #
2021/2244(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the relevant bodies to systematically and proactively prevent and prosecute all instances of hate speech, hate crimes and intimidation; encourages the office of the Commissioner for Protection from Discrimination to be more proactive in combatting discriminatory hate speech, in particular against LGBTI persons, and to develop disaggregated data collection on the matter;
Amendment 135 #
2021/2244(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 139 #
2021/2244(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes advances in ensuring equal opportunities and calls for further improvements in the enforcement of gender equality, property rights, data protection, rights of people with disabilities and minority rights, including especially the rights of Roma and LGBTI persons, who are exposed to multiple discrimination;
Amendment 149 #
2021/2244(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Commends the adoption of the new LGBTI National Action Plan 2021- 2027 and encourages full implementation and proper budgeting via a coordination and monitoring body which shall oversee it;
Amendment 151 #
2021/2244(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers that reports of numbers of HIV infections doubling since last year are highly concerning; recalls that the National Strategy for People Living with HIV expired in 2020 and has not been renewed; recalls that access to PEP and PrEP for those most at risk can significantly contribute to decreasing new infections, and recalls that these are still unavailable to LGBTI persons; calls on the government to take appropriate measures, in liaison with civil society, to address the rising numbers of HIV infections and ensure access to healthcare of those most vulnerable;
Amendment 45 #
2021/2232(INI)
Motion for a resolution
Recital E
Recital E
E. whereas China’s rapid military build-up, coupled with its increasingly assertive behaviour in the Indo-Pacific region and its military activities in the East and South China Seas, as well as its deliberate and repetitive violations of Taiwan’s air defence identification zone and its increasingly aggressive rhetoric and media campaigns, are leading to rising tensions in the Indo-Pacific; sees, however, at the same time the danger that the increasing military presence of the USA and EU in the regions as well as the increasing armament of the USA and the EU member states could lead to an accelerated arms race;
Amendment 109 #
2021/2232(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the EU to take initiatives to build a system of collective security, including comprehensive arms limitation and disarmament, in the Indo-Pacific region;
Amendment 242 #
2021/2232(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 4 #
2021/2230(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the European Convention on Human Rights (‘ECHR’),
Amendment 6 #
2021/2230(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to the reports of the European Commission against Racism and Intolerance (ECRI) of the Council of Europe, notably the 2016 country monitoring report on Armenia1a and its adopted 2019 conclusions on the adoption of the recommendations,1b _________________ 1a https://rm.coe.int/fourth-report-on- armenia/16808b5539 1b https://rm.coe.int/conclusions-5th- cycle-on-armenia/1680972faa
Amendment 8 #
2021/2230(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
Amendment 9 #
2021/2230(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
— having regard to the report of the Commissioner for Human Rights of the Council of Europe following her visit to Armenia from 16 to 20 September 2018,1a _________________ 1a https://rm.coe.int/report-on-the-visit-to- armenia-from-16-to-20-september-2018- by-dunja-m/168091f9d5
Amendment 58 #
2021/2230(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the defence of human rights and fundamental freedoms, including through the respect of the United Nations Charter, the Universal Declaration of Human Rights and the European Convention of Human Rights, is a crucial tenet of the Comprehensive and Enhanced Partnership Agreement between the EU and Armenia ('CEPA');
Amendment 60 #
2021/2230(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Amendment 63 #
2021/2230(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the human rights of LGBTIQ people in Armenia are at best discarded and at worst actively fought against by government and state institutions; whereas ILGA Europe’s Rainbow Index shows Armenia as having one of the largest deficits in legislation and policy aiming to protect LGBTIQ people, ranking it in the 3rd worst place among all Council of Europe countries, tied with the Russian Federation;
Amendment 65 #
2021/2230(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas PACE adopted in 2022 a resolution on violations of the rights of LGBTI persons in the Southern Caucasus and made several calls to authorities to reform legislation in order to address them; whereas the recommendations reflect the 2016 ECRI findings; whereas already in 2019 ECRI had concluded that its recommendations had not been addressed sufficiently, including that none of the relevant provisions of the new Criminal Code had been adopted; whereas the lack of response of the government to international bodies’ recommendations is alarming;
Amendment 67 #
2021/2230(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas the European Court of Human Rights recognized in its judgement on Cases 1367/12 and 72961/12 (Ogazenova v Armenia) that criminal law measures are required with respect to hate speech, notably on grounds of sexual orientation and sexual life; whereas domestic law currently prohibits hate speech, yet sexual orientation and gender identity continue not to be included in the characteristics of victims of the offence despite the recommendations of the relevant international bodies in that respect;1a _________________ 1a ECtHR, Cases 1367/12 and 72961/12 (Ogazenova v Armenia), ¶121-122
Amendment 219 #
2021/2230(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. UHighlights that Article 1 of CEPA includes as an objective to enhance cooperation in the area of freedom, security and justice with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms; underlines the importance of media freedom, anti-discrimination, freedom of expression and freedom of assembly for preserving a vibrant democracy; is concerned by the pervasive presence of discrimination, disinformation and harsh rhetoric; , as well as hate speech towards certain social groups; urges authorities to categorically uphold all human rights enshrined in the ECHR, notably when they concern vulnerable groups such as women, children, persons with disabilities and LGBTIQ persons1a; _________________ 1a Referring to Commissioner’s for Human Rights country reporting on Armenia: https://www.coe.int/en/web/commissioner/ -/report-on-armenia-recommends- measures-to-improve-women-s-rights- protection-of-disadvantaged-or- vulnerable-groups-and-establishing- accountability-for-p
Amendment 226 #
2021/2230(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls that the fight against discrimination is a cornerstone of democratic systems; considers that the democratic transition in Armenia is an opportunity to strengthen the human rights system; recalls that the Commissioner for Human Rights of the Council of Europe encouraged the government to take a prompt stance and adopt several legal reforms1a; considers that the authorities have all recommendations at their disposal to make progress on human rights and calls for their implementation; _________________ 1a https://rm.coe.int/report-on-the-visit-to- armenia-from-16-to-20-september-2018- by-dunja-m/168091f9d5, ¶106-107
Amendment 232 #
2021/2230(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Considers that LGBTIQ persons are in dire need of protection; calls for the adoption of anti-discrimination legislation adding sexual orientation, gender identity and expression and sex characteristics as prohibited grounds, alongside the adoption of civil, administrative and/or criminal proceedings to protect people from hate speech and hate crimes; calls on authorities to reform criminal legislation by adding the previous grounds as aggravating circumstances; urges Armenia to stop considering homosexuality as a mental illness1a; _________________ 1ahttps://pace.coe.int/en/files/29711/html ¶10-11
Amendment 238 #
2021/2230(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls on the Armenian government, including the Human Rights Defender of Armenia, to raise public awareness around the issue of LGBTIQ- phobia and the need to change prevailing patriarchal structures to counter gender stereotypes; calls on the Armenian government to adopt and implement action plans with the aim of strengthening the rights of LGBTIQ persons and their living conditions, and preventing and combating social exclusion, stigmatisation and all forms of discrimination against them;
Amendment 65 #
2021/2183(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that EU defence doctrine cannot consist security and military components but also conflict prevention and civilian measures for sustainable development and peace;
Amendment 102 #
2021/2183(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 113 #
2021/2183(INI)
Motion for a resolution
Paragraph 4 – point 1 (new)
Paragraph 4 – point 1 (new)
Amendment 115 #
2021/2183(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 149 #
2021/2183(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasise that any future Mandates must have a clear definition of the objectives, which should include not only military but also civilian components combating the causes of conflict, as well as a comprehensive exit strategy combined with a list of the resources needed for this purpose;
Amendment 157 #
2021/2183(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the actions of the coup leaders in Mali; is deeply concerned at the lack of essential state services in Mali and in the Sahel in general; expresses its deep concern at the deteriorating security in the region; notes the announcement of the reorganisation of French military action in the Sahel, in conjunction with our international and African partners; welcomes the increasing involvement of Europeans in the Takuba Task Force; welcomes the adaptation of the new extended mandate of the European Union Training Mission in Mali (EUTM Mali) to the regionalisation process; calls on the Member States to make a significant contribution to EUTM Mali’s advisory activitiessuggest a deeper analysis and review of the European involvement in this region;
Amendment 187 #
2021/2183(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the strategic importance for European interests of the Mozambique Channel; welcomes the commitment of the Member States and the VP/HR to respond to the growing terrorist threat in the area; notes the forthcoming establishment of an EUTM; Calls for a clear definition of the objectives of this mission;
Amendment 236 #
2021/2183(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 251 #
2021/2183(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is deeply concerned about the low force generation for operations and missions, and urges the Member States to address this matter as soon as possible; cConsiders that third-country participation in CSDP operations and missions must always be in line with European interests and values; calls on the EU to provide staff in missions and operations with appropriate equipment and training to become more alert and more resilient under less permissive conditions;
Amendment 277 #
2021/2183(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 292 #
2021/2183(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 325 #
2021/2183(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. WelcomNotes the establishment of the European Peace Facility (EPF) in 2020 and calls for it to be made operational swiftly; stresses that the requisite equipment and training must be delivered in the relevant theatres of operation; undertakes to ensure coherence and complementarity between CSDP missions and operations, the Union’s financial instruments (NDICI) and the EPF;
Amendment 358 #
2021/2183(INI)
25. WelcomNotes, in this context, the launch of the concept of Coordinated Maritime Presences (CMPs) and a pilot project in the Gulf of Guinea; calls for this concept to be extended to other areas of interest, in particular the Indo-Pacific region; calls for the Union to update its maritime security strategy by 2022 in the sense of de-escalation of regional conflicts;
Amendment 397 #
2021/2183(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Union to develop a space defence strategy, which is essential for its strategic autonomy in space; encourages the Union to improve its situational awareness and geo-intelligence support; stresses the importance of the Union having its own launchers; insists that the Union should lead the way in strengthening the increasingly contested area of international space law; calls on the EU and its Member States to actively promote international initiatives on disarmament in space;
Amendment 412 #
2021/2183(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Insists that freedom of air traffic must be maintained; calls on the Union to defend itself againststrongly oppose any threat to civil aviation or any failure to respect its airspace and to defend international aviation safety;
Amendment 451 #
2021/2183(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. LamentWelcomes the reduction in the amount of the EDF under the MFF, which makes coherence between Union defence initiatives even more necessary; stresses, in this regard, the role of the European Defence Agency (EDA);
Amendment 478 #
2021/2183(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 544 #
2021/2183(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls for support to be given to strengthening and preserving the conventional arms control architecture in Europe, in a context of gradual erosion marked by RussiaUSA’s withdrawal from the Treaty on Open Skies; calls for disarmament regimes and forums to be supported and strengthened in every aspect: universalisation, support for implementation, political and institutional support, and financial support; calls on the Union to pay particular attention to chemical, biological, radiological and nuclear (CBRN) risk, with particular emphasis on the prohibition regime and conventional obligations under the Chemical Weapons Convention (CWC) and the fight against impunity; welcomes the extension of the New START Treaty and laments the end of the Intermediate Nuclear Forces Treaty (INF);
Amendment 616 #
2021/2183(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls for closer relations with non- traditional partners in the Indo-Pacific region (India, Japan, Australia), and in specific policy sectors (cybersecurity, hybrid, maritime, etc.), and with the Association of Southeast Asian Nations (ASEAN) and with the Association of Southeast Asian Nations (ASEAN) to strengthen the dialogue and conflict prevention in this region;
Amendment 658 #
2021/2183(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on citizens to express their expectations as regards the CSDP architecture in the course of the Conference on the Future of Europe; calls for the establishment of a fully-fledged Security and Defence Committee in the European Parliament and for the formalisation of an EU Council of Defence Ministers;
Amendment 138 #
2021/2182(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the EU’s role as an actor and mediator in conflict prevention and resolution to be enhanced following the adoption of the 2020 EU Peace Mediation Concept; calls for fresh EU disarmament initiatives to counter further military escalations in the world;
Amendment 352 #
2021/2182(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reaffirms its unwavering support to the Eastern Partnership countries, and in particular as regards their independence, sovereignty and territorial integrity within their internationally recognised borders; condemns Russia’s direct and indirect involvement in armed conflicts, occupations and military build-ups inside the region or on its borders with the region; calls for a revival of the Minsk Process to end the military conflict in Eastern Ukraine; calls in addition for constructive dialogue with Russia within the framework of the Eastern Partnership to end current armed or frozen conflicts and prevent new ones; urges the Eastern Partnership countries, and in particular those that have chosen to pursue the path of European integration, to ensure that fundamental freedoms are upheld and to continue implementing the necessary reforms; reiterates that the EU’s support is conditional upon concrete progress on those reforms;
Amendment 394 #
2021/2182(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is concerned by the Turkish Government’s increasingly assertive foreign policy, which is repeatedly putting the country at odds with the EU and individual Member States; deplores the long-deteriorating situation regarding human rights and democracy in Turkey; recalls, however, that Turkey will continue to be a country of key strategic interest for the EU and that engagement needs to continue in a phased, proportionate and reversible manner, keeping the country as closely anchored to the EU as possible; calls once again for a ban on arms exports to Turkey;
Amendment 429 #
2021/2182(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Emphasises that the EU’s relations with Africa are of utmost importance; welcomes the joint communication of the Commission and the VP/HR entitled ‘Towards a comprehensive strategy with Africa’3; calls on the Commission and the VP/HR to deepen discussions with the EU’s African partners in order to prepare for a successful EU-African Union Summit; calls for strict implementation of the Sustainable Development Goals (SDGs) in all areas of EU-Africa relations; _________________ 3 JOIN(2020)0004.
Amendment 498 #
2021/2182(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the EU’s renewed commitment to the Indo-Pacific region and recognition of its growing importance for EU interests; acknowledges the intense geopolitical competition in the region and calls for the EU to strengthen its strategic focus, presence and actions with the aim of contributing to the stability, security, prosperity and sustainable development of the region; underlines the need for a strategic long-term engagement in the Indo-Pacific region and for establishing comprehensive bilateral and multilateral dialogue mechanisms with Indo-Pacific countries and their societies, while avoiding provocations of any kind, in order to prevent military escalation;
Amendment 186 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that in some circumstances, Member States deliberately resorted to measures which question the principle of the rule of law, such as legislation adopted in fast track procedures without public consultations or even, in exceptional cases, constitutional changes as a way to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; recalls the Member States have a responsibility towards citizens in condition of vulnerability and should provide them with safety and protection from discrimination;
Amendment 192 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; highlights that the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons.
Amendment 247 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+Q persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; recalls its recommendation from 2020 for future reports to assess the effect that hate crime and hate speech have on discrimination;
Amendment 253 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights;
Amendment 268 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the exercise of fundamental freedoms, including the right to be critical in public, is an element of a free and democratic society; notes that strategic lawsuits against public participation (SLAPPs) require a legislative European response that ensures the respect for democracy and fundamental rights and, inconsequence, also the rule of law; welcomes the Commission’s commitment to propose a directive against abusive litigation targeting journalists and rights defenders, emphasising that the scope must be comprehensive enough to encompass all those who are rights defenders, including individual activists;
Amendment 357 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule lawdemocracy, fundamental rights and the rule law, thereby ensuring that EU funds are not used for initiatives which are not in compliance with EU values;
Amendment 361 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the Commission’s 2021 Rule of Law report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTIQ organisations affects their ability to access funding; calls on the Commission to assess the issue more closely and to ensure through the necessary means that the non- discrimination principle governing access to EU funds is fully complied with everywhere in the EU; considers that these findings reinforce the long-standing position of the Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 55 #
2021/2042(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Russia is continuing its aggressive behaviour on the border with Ukraine and interfering with acts of terrorism on the territory of EU Member States, such as Czechia, and its eastern neighbours, inter alia by supporting the illegitimate regime of Alexander Lukashenko in Belarus;
Amendment 67 #
2021/2042(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU-Russia relations are repeatedly subject to setbacks;
Amendment 72 #
2021/2042(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Russia's failed integration into the European security structures is one of the main reasons for the current confrontational situation in Europe;
Amendment 78 #
2021/2042(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 82 #
2021/2042(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the founding act of 1997 between NATO and Russia would not allow the additional deployment of substantial NATO combat forces at the border of Russia;
Amendment 114 #
2021/2042(INI)
Motion for a resolution
Recital C
Recital C
Amendment 143 #
2021/2042(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the five EU guiding principles for relations with Russia have deterred the Kremlin regime from further aggression against Ukraine, but they are silent with respect to containing President Putin’s waggressive behaviour against the people of Russia;
Amendment 147 #
2021/2042(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the new EU strategy should be centred on the ‘push-back, contain and engage’ principles aimed at strengthening the EU’s capacity to combat the Kremlin’s threats, especially in the Eastern Partnership (EaP) region, including Belarus, as well as in Russia itself, by defending human rights and assisting Russia’s transformation into a democracy in accordance with the principle of ‘democracy first’;
Amendment 191 #
2021/2042(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the EU strategy on Russia should focus on joint progress of common security, disarmament and arms control, the climate crisis, sustainability, energy and the fight against pandemics;
Amendment 223 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) the EU, together with NATO andits international partners, should deter Russia and keep stability in the EaP region by pressing Russia not to interfere in the region and to return the occupied territories in the EU’s Eastern neighbourhoodursuing a long term strategy of cooperation with Russia instead of a confrontational one;
Amendment 227 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) disarmament, cooperation and confidence building were the pillars of the policy of détente. The principles of non- violence and the peaceful coexistence of two different systems formed the basis for this kind of policy. The formula was "change through rapprochement". These experiences show that the EU needs a new approach to establishing peaceful and cooperative relations with Russia. The best solution would be a strategy of pragmatic cooperation based on common interests. A re-militarisation of EU-Russia relations endangers peace and a confrontational strategy threatens a new arms race;
Amendment 236 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point a b (new)
Paragraph 1 – point a b (new)
(ab) with regard to the fact that Russia regularly breaks international law and thus strains relations with the EU and its neighbouring states, the EU must, despite all necessary criticism, focus on dialogue and cooperation. Peace in Europe cannot be achieved against, but only with Russia;
Amendment 238 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point a c (new)
Paragraph 1 – point a c (new)
(ac) A dialogue with Russia must pursue the goal of analysing the security interests of involved actors and creating a system of collective security in Europe. A constructive readiness for dialogue on the part of Russia is a prerequisite for working on the reduction of tensions;
Amendment 240 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point a d (new)
Paragraph 1 – point a d (new)
(ad) In peace and security policy issues, OSCE is an important framework for discussion. With reference to the values and principles of OSCE, the EU must pursue the goal of a new European Eastern policy that focuses on a common and coherent EU policy towards Russia;
Amendment 250 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 359 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) the EU should establish with the US a transatlantic alliance to defend democracy globally and propose a democracy defence toolkit, which shcould include joint actions on targeted sanctions, anti- money laundering policies, rules on the conditionality of economic and financial assistance, international investigations, and support for human rights activists and defenders of democracy;
Amendment 363 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(f a) The economic sanctions imposed on Russia do not achieve their goals. The EU should therefore use the instrument of the EU's Global Human Rights Sanctions Regime in the case of human rights violations;
Amendment 369 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) in line with the ‘democracy first’ principle, the EU should strengthen the requirement of conditionality in its relations with Russia by including in any dialogue or agreement with Russia measures aimed at protecting human rights and the holding of free elections; accordingly, the EU and its Member States should revise their investment support and economic cooperation projects, starting with the halting of the Nord Stream 2 project;
Amendment 399 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) the EU should increasethink about its ability to prepare and adopt sanctions against the Russian authorities for their systemic repression of democratic forces in Russia and to centralise EU decision-making by making the triggering of sanctions automatic in cases of corruption or violation of human rights, including by updating the EU global sanctions mechanism (EU Magnitsky Act) to address cases of corruption;
Amendment 423 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
(k) the EU should initiate and contribute to international investigation of crimes committed by President Putin’s regime against the people of Russia together with the crimes committed by Mr Lukashenko’s regime in Belarus, within the framework of an impunity platform and an EU Justice Hub; in the context of those investigations, the EU should establish a task force of advisers to assist national and international investigations, trials and the setting-up of EU tribunals, and report periodically to Parliament on the state of political freedoms in Russia;
Amendment 454 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
Amendment 471 #
2021/2042(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) the EU should adopt and announce a strategic vision for its future relations with a democratic Russia, which should include a broad offer with conditions and incentives such as visa liberalisation, free trade investment and modernisation programmes, and a strategic partnership; it should also convey the potential benefits that it is willing to offer in return for a democratic transformation of Russia. Civil society contacts must be further promoted and developed, including through visa facilitation for the purpose of exchanges between young people;
Amendment 11 #
2021/2037(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
Amendment 13 #
2021/2037(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Council regulation (EU 2020/1998 and to the Council Decision (CFSP 2020/1999 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses;
Amendment 17 #
2021/2037(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the European Parliament report with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129 (INL));
Amendment 22 #
2021/2037(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
— having regard to the European Parliament resolution on 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region (2020/2913 RSP);
Amendment 27 #
2021/2037(INI)
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
— having regard to the Council conclusions of 21 April2021 on an EU Strategy for cooperation in the Indo- Pacific;
Amendment 29 #
2021/2037(INI)
Motion for a resolution
Citation 5 f (new)
Citation 5 f (new)
— having regard to the joint communication from the European Commission to the European Parliament, the European Council, TheCouncil, The European Economic and Social Committee of the Regions - Tackling Covid-19 disinformation - Getting the facts right (JOIN/2020/8 final);
Amendment 36 #
2021/2037(INI)
Motion for a resolution
Recital A
Recital A
A. whereas through its strong economic growth and ambitious foreign policy agenda, China is asserting a stronger global role both as an economic power and as foreign policy actor, which poses serious political, economic, security and technological challenges to the EU, has significant consequences for the world order and poses serious threats to liberal democracy;
Amendment 41 #
2021/2037(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the promotion and protection of human rights, democracy and the rule of law should remain at the centre of the relationship between the EU and China, in line with the EU’s commitment to upholding these fundamental principles in all areas of its external action;
Amendment 44 #
2021/2037(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas since the launch of the Chinese government’s “Strike hard against violent terrorism” campaign in 2014, the situation of Uyghur and other primarily Muslim ethnic minorities in the Xinjiang Uyghur Autonomous region have rapidly deteriorated and whereas more than one million people are imprisoned in detention camps, called ‘political re-education’ or ‘training’ centres, which constitutes the largest mass incarceration system in the world; whereas the Chinese government has developed a massive coercive labour training and transfer scheme, in which Uyghur workers are enrolled and subject to systemic forced and prison labour;
Amendment 48 #
2021/2037(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the Uyghur population is victim of the Chinese government’s efforts to eradicate their unique identity and existence as a population through torture, enforced disappearance, mass surveillance, cultural and religious erasure, forced sterilization of women, sexual violence and violations of reproductive rights and family separation; whereas credible legal analysis has concluded that these offences knowingly committed as part of a widespread and systemic attack against the civilian population are assessed as crimes against humanity within the international legal framework;
Amendment 53 #
2021/2037(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Amendment 56 #
2021/2037(INI)
Motion for a resolution
Recital B
Recital B
Amendment 63 #
2021/2037(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the EU Global Human Rights sanctions regime enables the EU to impose restrictive measures on targeted individuals, entities and bodies, including states and non-states actors responsible for, involved in or associated with serious human rights violations and abuses, including slavery; whereas on 22nd March 2021 four Chinese individuals and one entity directly responsible for serious human rights violations in the Xinjiang Uyghur Autonomous Region have been included in the list of natural persons and entities subject to these restrictive measures;
Amendment 67 #
2021/2037(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas in response to these measures addressing human rights violations and abuses, China imposed counter-sanctions on ten European individuals and four entities, including five Members of the European Parliament and two EU institutional bodies, the Subcommittee on Human Rights of the European Parliament and the Political and Security Committee of the Council of the European Union; whereas Chinese sanctions lack legal justifications and legal basis and directly target not only individuals and entities concerned but the European Union as a whole;
Amendment 82 #
2021/2037(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) elaborate a more assertive EU- China strategy that unites all Member States and shapes relations with Beijing in the interest of the EU as a whole, whilith the defendingce of our values at its core and promoting a rules-based multilateral order;
Amendment 87 #
2021/2037(INI)
Motion for a resolution
Paragraph 1 – point b – point 1
Paragraph 1 – point b – point 1
1) Open principled and interests- based dialogue on global challenges;
Amendment 92 #
2021/2037(INI)
Motion for a resolution
Paragraph 1 – point b – point 2
Paragraph 1 – point b – point 2
2) Enhanced engagement on human rights issues through economic leverage;
Amendment 106 #
2021/2037(INI)
Motion for a resolution
Subheading 1
Subheading 1
Open principled and interests-based dialogue on global challenges
Amendment 107 #
2021/2037(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the VP/HR to ensure that the new EU-China strategy involves China in an open dialogue on global challenges, such as climate change and the fight against global pandemics; Acknowledges the de facto necessity to engage with China on various global issues such as the fight against climate change, environmental issues, peace and security, sustainable development and space; Calls on the VP/HR to ensure that the new EU-China strategy involves China on global challenges in a dialogue driven by EU fundamental principles and interests and pursuing the core objectives of EU external engagement,
Amendment 117 #
2021/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 131 #
2021/2037(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underscores the importance of capitalising onencouraging China’s commitment to tackling climate change and other environmental issues by reinforcing a balanced partnership in this field and emphasises the need to ensure that China commits to peak its emissions before 2030, in line with the Paris Agreement by implementing a carbon border adjustment mechanism; Stresses the need to ensure coherence between China’s announced global ambitions in the fight against climate change and the environmental impacts of its investment strategies at home and overseas;
Amendment 140 #
2021/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for Human Rights Dialogues to be held regularly and calls for a solid benchmarkingthe EU to rethink its approach to Human Rights Dialogues with China in order to ensure that these exchanges produce genuine positive outcomes for human rights and human rights defenders in China; insists ofn the progress made in bilateral dialogues more generallynecessity to complement these EU-China Human Rights Dialogues with systematic human rights discussions at other high- level EU-China summits and bilateral meetings;
Amendment 166 #
2021/2037(INI)
Motion for a resolution
Subheading 2
Subheading 2
Enhanced engagement on human rights issues through economic leverage
Amendment 169 #
2021/2037(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission and the EEAS to jointly develop an ambitious, holistic and results-oriented EU strategy for Human Rights in China articulating the use of all areas and instruments of EU external actions and setting concrete goals such as the closure of detention camps in Xinjiang, the end of the persecution of ethnic and religious minorities and human rights defenders and the abolition of death penalty;
Amendment 175 #
2021/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to use the suspension of the ratification process of the EU-China Comprehensive Agreement on Investment (CAI) as a leverage instrument to improve the protection of human rights and support for civil society in China;
Amendment 189 #
2021/2037(INI)
Motion for a resolution
Paragraph 8 – introductory part
Paragraph 8 – introductory part
8. Underlines the inevitable conditions and pre- ratification commitments that must be met before Parliament can give its consent to the EU- China CAI, notably:
Amendment 192 #
2021/2037(INI)
Motion for a resolution
Paragraph 8 – point a
Paragraph 8 – point a
(a) having a timetable for China’s ratification and full implementation of key International Labour Organisation (ILO) conventions on labour rights and a robust monitoring mechanism, as well as concrete measures or steps towards putting an end to other human rights violations against the Uyghur minority in China; (C029 - Forced Labour Convention, 1930; C087 -Freedom of Association and Protection of the Right to Organise Convention,1948; C098 - Right to Organise and Collective Bargaining Convention, 1949; C105- Abolition of Forced Labour Convention, 1957) and a robust monitoring mechanism with unhindered access to workplaces enabling proper verification of standards implementation;
Amendment 202 #
2021/2037(INI)
Motion for a resolution
Paragraph 8 – point a a (new)
Paragraph 8 – point a a (new)
(a a) a “Human rights” clause must be integrated as an essential element of the agreement. This clause should stipulating clearly that respect and protection of human rights, as defined my customary law and international conventions, are binding obligations on the parties and allowing the parties to require appropriate measures from the partner to comply, or to partly or fully suspend the agreement in case of violations;
Amendment 206 #
2021/2037(INI)
Motion for a resolution
Paragraph 8 – point a b (new)
Paragraph 8 – point a b (new)
(a b) Ensure that the violation of the revised Investment and Sustainable Development Section of the agreement can lead to sanctions;
Amendment 207 #
2021/2037(INI)
Motion for a resolution
Paragraph 8 – point a c (new)
Paragraph 8 – point a c (new)
(a c) the creation of an independent Domestic Advisory Group (DAG), composed of civil society organisations and human rights defenders, provided with the task of monitoring the implementation of all provisions on the agreement and its impact on human, labour and environmental rights. It should be provided with adequate competences and resources to investigate specific issues and cases;
Amendment 208 #
2021/2037(INI)
Motion for a resolution
Paragraph 8 – point a d (new)
Paragraph 8 – point a d (new)
(a d) reliable evidence of sustainable termination of human rights violations against the Uyghur population and other minorities in China;
Amendment 210 #
2021/2037(INI)
Motion for a resolution
Paragraph 8 – point b
Paragraph 8 – point b
(b) the repeal by China of the National Security Law imposed on Hong- Kong in June 2020, the release of pro- democracy legislators and activists and a recommitment by China to uphold its international commitments to Hong Kong under the Sino-British Joint Declaration and Hong Kong’s Basic Law;
Amendment 232 #
2021/2037(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. SReiterates its call on China to allow un hindered access to an independent investigation mission in Xinjiang and states its support for UN to carry out legal investigations into alleged genocide and crimes against humanity taking place in the Xinjiang region;
Amendment 240 #
2021/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the introduction of a unilateral ban on the import of products from forced labour and child labour or any other form of modern slavery, including cotton from the Xinjiang region in the EU market;
Amendment 249 #
2021/2037(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to put forward the proposed EU legislation for Mandatory Human Rights Due Diligence Framework as a matter of urgency; recalls that in order to be effective against human rights violations and environmental degradations in China, due diligence obligations must be imposed on both EU companies and non-EU companies operating in the EU market and must cover the entire global value chains of these companies; they must be carefully enforced and monitored;
Amendment 254 #
2021/2037(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the EU and its Member States to ensure protection of EU and Chinese citizens and EU residents members of the Uyghur Diaspora communities harassed and persecuted in the EU by Chinese authorities, and to investigate the reports of threats and reprisals as a matter of urgency; Calls on the EU Member States to reassess and abolish their extradition agreements with China in the light of the Chinese Government’s severe violations against its population and citizens abroad and in light of the recent sanctions, which could criminalize any Chinese citizen in Europe for interacting with individuals and entities sanctioned;
Amendment 279 #
2021/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to commission an EU-wide audit of the EU dependency on China in certain strategically important and critical sectors, setting out plans to reduce dependency, while maintaining overall trade relations with China, which should be as openbalanced as possible;
Amendment 287 #
Amendment 338 #
2021/2037(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission and the Member States to counter China’s influence strategy in the EU’s neighbourhood, in particular through investment;
Amendment 340 #
2021/2037(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. calls on the Commission and Member States to equip themselves with the necessary resources and tools to analyse and counter China State and non- state actors’ hybrid threats and multiple interferences in our democratic systems, including in the cyberspace;
Amendment 341 #
2021/2037(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. calls on the Commission to encourage and coordinate actions aimed to counter China’s foreign financing of our democratic processes, including the strategy of elite capture and the technique of co-opting top-level civil servants and former European politicians;
Amendment 430 #
2021/2037(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to propose a strategy to deal with trade imbalances more broadly, going beyond the current trade defensive instruments, if necessary, so as to tackle the large structural trade deficit, China’s use of large-scale export credits and loans, the opaque financing of strategic Chinese companies, China’s policy of indigenous innovation connected to efforts to promote Chinese standards while allowing its companies not to pay a fair price for the use of standard essential patents, and its endeavour to become a leading export nation of advanced technological goods;
Amendment 15 #
2021/2035(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the United Nations Sustainable Development Goal number 5 “Gender Equality”,
Amendment 28 #
2021/2035(INL)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission’s Communication "Gender Equality Strategy (2020-2025)", published on 5 March 2020,
Amendment 29 #
2021/2035(INL)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
– having regard to the Commission’s Communication "Strategy on victim’s rights (2020-2025)", published on 24 June 2020,
Amendment 30 #
2021/2035(INL)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
– having regard to the Commission’s Communication "LGBTIQ Equality Strategy (2020-2025)", published on 12 November 2020,
Amendment 31 #
2021/2035(INL)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
– having regard to the Commission’s Communication: "EU Strategy on the rights of the child (2020-2025)", published on 24 March 2021,
Amendment 41 #
2021/2035(INL)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the EU LGBTIQ Strategy 2020-2025,
Amendment 45 #
2021/2035(INL)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the EU Strategy on victims' rights 2020-2025,
Amendment 49 #
2021/2035(INL)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to the EU strategy on the rights of the child,
Amendment 61 #
2021/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas the European Institute for Gender Equality (EIGE) defines gender- based violence ias violence directed against womea person because they are women and it affects women disproportionatelyof their gender; whereas both women and men experience gender- based violence, at the same time highlighting that the overwhelming majority of victims are women and girls; whereas LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics; whereas gender- based violence is rooted in gender stereotypes, patriarchal structures and power asymmetries;
Amendment 76 #
2021/2035(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Institute for Gender Equality (EIGE) defines gender- based violence against women as any form of violence that is directed against a woman because she is a woman or that affects women disproportionately;
Amendment 80 #
2021/2035(INL)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas gender-based violence includes many types of violence, including domestic violence; whereas the European Institute for Gender Equality (EIGE), similarly to the Istanbul convention, defines domestic violence as all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence as the victim: recognises that domestic violence affects women disproportionately, and that men may also be victims of domestic violence;
Amendment 84 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";
Amendment 104 #
2021/2035(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas no real progress can be made on gender equality without an intersectional approach;
Amendment 105 #
2021/2035(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the expression ‘in all their diversity’ in this report states the position that women, men and non-binary people fall into heterogeneous categories, including but not limited to in relation to their sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, property, birth, disability, age, sexual orientation, gender identity, gender expression or sex characteristics, migratory status or socio-economic status; whereas it affirms the commitment to leave no one behind and achieve a gender-equal Europe for everyone;
Amendment 134 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 135 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 139 #
2021/2035(INL)
1d. Underlines that men’s violence against women starts with boy’s violence against girl’s, considers therefore that preventive measures must start at an early age;
Amendment 142 #
2021/2035(INL)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Insists that the definition of “women” when addressing violence against women must include girls under the age of 18;
Amendment 154 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women and LGBTI persons by men; underlines that this situation is aggravated by social and economic inequalities;
Amendment 159 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, resources, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities;
Amendment 164 #
2021/2035(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that rigid gender and masculinity norms based on patriarchal stereotypes contributes to discrimination and subjugation of women, as well as adversely affect men’s and boy’s health and lives, contributes to the invisibility of violence suffered by men as well as hinders rehabilitation of male perpetrators;
Amendment 167 #
2021/2035(INL)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that rigid gender norms lead to increased exposure to gender-based violence for anyone who does not conform to them; deplores the high instances of violence targeting trans women, trans men, trans feminine, intersex and non-binary people;
Amendment 169 #
2021/2035(INL)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recognises that progress toward equality has occurred thanks to the hard fought feminist struggle against the global oppression of women and girls;
Amendment 176 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including and witnesses, including feeling unsafe or vulnerable, stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact;
Amendment 200 #
2021/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s and girl´s rights and gender equality; condemns the actions of anti-gender and anti-women movements in Europe and worldwide that aim to overturn existing laws on women’s rights and LGBTI+ rights;
Amendment 213 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness- raising campaigns; recalls the Commission’s proposal in the Gender Equality Strategy for an EU-wide campaign on gender stereotypes and calls on Member States to fully support and implement the initiative when launched;
Amendment 222 #
2021/2035(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets the lack of research and knowledge on boy’s violence against girl’s, as knowledge forms the foundation for effective policy and law-making, therefore calls on the establishment of a knowledge hub on violence against girls in the EU by relevant EU institutions such as Eurostat, EIGE;
Amendment 225 #
2021/2035(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for effective prevention of gender inequality and gender-based violence, including educational measures directed towards, and implemented with, young people, as well as ensuring that all young people benefit from comprehensive sexual, reproductive, health, rights and relationship education;
Amendment 247 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the necessity of using an intersectional approach in policy and law making, and adding specific and measurable undertakings, including relating to groups protected from discrimination by EU law and the case law of the European Court of Human Rights and the European Court of Justice;
Amendment 258 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights are a form of violence against women and girls, as well as transgender and non-binary persons, as reflected in the LGBTIQ Equality Strategy;
Amendment 263 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Insists that all legislation on sexual offences must be based on consent; insists that only voluntary sexual acts should be considered legal;
Amendment 266 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Concerned about the sexualisation of children, especially sexualisation of girls by adult men; considers it imperative to enhance the protection provided under criminal law concerning sexual offences against children; calls on Member States and the commission to adopt the view to criminalise sexual offences where the perpetrator displays negligence with regard to the child's age;
Amendment 269 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses that consent cannot be bought, therefore considers all forms of sex purchase to be sexual exploitation;
Amendment 270 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Calls on Member States to recognise sex purchase as a form of violence against women; calls on Member States to criminalise sex purchase in line with the Swedish Equality Model introduced in 1999;
Amendment 271 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Emphasises that women engaged in the sex industry, including in prostitution, due to poverty, discrimination or other types of distress, experience sexualised violence and abuse on a daily basis;
Amendment 280 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers that domestic violence is not only a crime against the victim of violence but should also be considered a crime against any child who witness it, especially due to the long lasting negative effects on the child’s wellbeing and development;
Amendment 288 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence, including by paying greater attention to the needs of survivors who experience intersectional forms of discrimination and violence;
Amendment 299 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivors of gender-based violence; recalls the importance, in that context, of support to independent civil society and women’s and specialised shelter organisations;
Amendment 301 #
2021/2035(INL)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States and the Commission to ensure information to victims and perpetrators of gender-based violence is available in all EU languages, with the aim to ensure rights of victims are upheld when exercising their fundamental right to freedom movement within the EU;
Amendment 302 #
2021/2035(INL)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considers the widespread impunity for sexual offences to be a serious impairment to gender equality and the fight against gender-based violence;
Amendment 304 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;
Amendment 310 #
2021/2035(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to improve the resources and training of practitioners, law enforcement officers, judicial staff and all other professionals dealing with victims of gender-based violence; calls on Members States to ensure that victims have the right to state- funded legal aid before and during legal proceedings;
Amendment 328 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border nature, and which therefore call for a coordinated EU response;
Amendment 337 #
2021/2035(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers minimum standards on gender-based violence a precondition for the free movement of people within the EU; considers lack of access to adequate protection from gender-based violence a violation of human rights, specifically affecting women and girls;
Amendment 346 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions, including a common definition of gender-based violence;
Amendment 348 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;
Amendment 353 #
2021/2035(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that the cross-border dimensions of cyber violence against women and girls needs a common Union response;
Amendment 367 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys in all their diversity, and empowerment of women and girls in all their diversity; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s, transgender's and non-binary persons' sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 368 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys, and empowerment of women and girls; ensuring information provided in all relevant languages; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 383 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 5
Annex I – Recital 5
(5) Gender-based violence is violence directed against womea person because they are women and it affects women disproportionatelyof their gender; gender-based violence against women is any type of violence directed against women because they are women or affects women disproportionately. Both women and men experience gender-based violence, however the vast majority of victims are women and girls. LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics. Gender- based violence is rooted in gender stereotypes, patriarchal structures and power asymmetries.
Amendment 396 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 9 a (new)
Annex I – Recital 9 a (new)
(9a) Considers minimum standards on gender-based violence a precondition for the free movement of people within the EU; considers lack of access to adequate protection from gender-based violence a violation of human rights, specifically affecting women and girls.
Amendment 25 #
2021/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values set out in Article 2 of the Treaty on European Union (TEU); whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union; whereas respect of the rule of law binds the Union as a whole, its Member States and their subnational entities;
Amendment 45 #
2021/2025(INI)
Motion for a resolution
Recital F
Recital F
F. whereas backsliding on the rule of law and fundamental rights in some countries is seriously affecting mutual trust in the functioning of the area of freedom, security and justice and threatening the Union objectives as enshrined in Article 3 of the TEU, as illustrated by several cases where the European Arrest Warrant was put under a strain due to profound doubts about the independence of the judiciary;
Amendment 49 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas emergency measures taken in response to the COVID-19 pandemic have put more pressure on fundamental rights and democratic checks and balances;
Amendment 64 #
2021/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space, are all part of the Commission’s annual overview of the rule of law situation in the Member States; calls moreover for the inclusion in the annual reports of certain important elements of the Venice Commission’s 2016 Rule of Law Checklist, such as legal safeguards to prevent arbitrariness and abuse of power by public authorities, independence and impartiality of the Bar and equality before the law and non-discrimination; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
Amendment 68 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes with satisfaction that the report contains country specific chapters; commends the Commission’s efforts to engage with national Governments and national Parliaments as well as civil society and other national actors; encourages the Commission to devote more efforts to deepen the country analyses with a view to better assess the severity of rule of law challenges; believes that more time should be devoted to the Commission’s country visits, including on site, in order to achieve broader engagement and dialogue with national authorities and civil society; considers that the Commission should raise greater awareness of such country visits to foster the emergence of a rule of law culture at national level;
Amendment 75 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow-up actions and remedial measures and tools; calls for a synthetic approach in the horizontal report in order to clearly identify where the most important risks and problems lie across Member States;
Amendment 79 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. CallsIs concerned by the spill-over effects of the erosion of media freedom into the other areas of analysis; considers smear campaigns against judges, legal professionals and civil society organisations and, in particular, strategic lawsuit against public participation (SLAPP) actions, as a limiting factor to their independence and capacity of action; calls, therefore, for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law;
Amendment 87 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports should identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law, media freedom, check and balances or the fight against corruption in one Member State are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole; calls for the prioritisation of these Union-wide trends, including the increasing challenges by national Constitutional Courts to the EU legal architecture, in the analysis, to be able to direct remedial action at Union level;
Amendment 99 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems and hence their capacity to provide for effective judicial protection to ensure compliance with Union law; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters to enable a dynamic and integral assessment of the independence of judicial systems, including the independence of lawyers and Bars;
Amendment 117 #
2021/2025(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. 1. Highlights that, in accordance with Article 17(1) TEU, the Commission is to ensure the application of the Treaties and of secondary legislation, including in cases where risks of serious breaches of the values laid down in Article 2 TEU, identified in country reports, have effectively materialised following the publication of the 2020 report;
Amendment 125 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the Constitutional Tribunal's ruling regarding the primacy of national constitutional norms over EU law launched at the request of the Government of one country subject to Article 7; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU;
Amendment 131 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is alarmed by the legislative measures adopted in some Members States under the pretext of COVID-19 measures; reaffirms its position that such measures need to respect EU fundamental rights and the rule of law and considers that equal treatment of persons is crucial1a; _________________ 1a Texts adopted, P9_TA(2020)0307.
Amendment 134 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Expresses concern at the use of legal measures by governments and powerful individuals to silence critics, such as the use of strategic lawsuits against public participation (SLAPPs), or the use of laws curtailing the right to freedom of expression in a manner incompatible with international human rights law, for example against LGBTI and women’s activists;calls on the Commission to accelerate the setting up of the expert group on SLAPPs as foreseen in the European Democracy Action Plan, to begin its work as soon as feasible and to ensure any upcoming legislative proposal addresses these issues;
Amendment 140 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report since systemic corruption undermines both the functioning of the rule of law and the trust of citizens in the decisions taken by authorities, civil servants and the judiciary; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 161 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 163 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordinglyis deeply concerned at the abuses, crimes and deadly attacks being committed against journalists and media workers in the Union in view of their activities;
Amendment 172 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordingly;
Amendment 177 #
2021/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the report’s pillar on checks and balances, covering, inter alia, the process for preparing and enacting laws, the regime for the constitutional review of laws, the role of independent authorities and of civil society organisations in safeguarding the rule of law, and its examination of exceptional measures taken to fight the COVID-19 pandemic;
Amendment 183 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses in particular the deterioration of the independence of some Member States’ equality bodies since the publication of the reports, which constitutes an immediate threat to the fundamental rights of citizens;
Amendment 186 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic spaceStresses the importance of a healthy civic space to counterbalance the erosion of the rule of law and foster a rule of law culture; invites the Commission to deepen the assessment of civic space in the forthcoming 2021 report; considers beneficial to explore the definition of clear benchmarks on an enabling civic space to further strengthen this area of analysis in the long run, including, among others, the enabling legal environment for the exercise of civic freedoms, the framework for civic organisations’ financial viability and sustainability, access to and participation in decision-making, the right to access to information, safe space, including as regards incidence and responses to verbal and physical attacks, smear campaigns and legal harassment including through Strategic Litigation Against Public Participation;
Amendment 191 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens’ rights and being able to defend the rule of law at national level; is deeply concerned by recent attempts in a Member State subject to Article 7(1) TEU to undermine the independence of the national Ombudsman from the executive;
Amendment 198 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets that the non- implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEU of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State, perpetuates the process of shrinking space for civil society in that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;
Amendment 201 #
2021/2025(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Regrets that the report fails to recognise in clear terms the democratic backsliding and the establishment of (semi-)autocratic regimes in some Member States, based on the gradual annihilation of all checks and balances;
Amendment 207 #
2021/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. EReiterates the intrinsic link that exists between the rule of law and fundamental rights and the need to increase awareness of the values enshrined in Article 2 TEU and the Charter; encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; stresses that any action taken by a Member State when acting within the scope of EU law must respect the rights and principles of the Charter of Fundamental Rights; insists therefore, on the link between upholding the rule of law and the right to an effective remedy before a tribunal, the right to a fair trial and the right to be advised, defended and represented, as well as the obligation to provide independent legal aid;
Amendment 210 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Strongly denounces that European and international legislation are not fully respected in some EU Member States, for example in the field of anti-discrimination or in the field of asylum, such as the non- implementation by a Member State subject to an Article 7 TEU of several CJEU and ECtHR rulings in relation to access to the asylum procedure, including the automatic and unlawful detention and the deprivation of food, thus violating the rights of migrants and asylum seekers to apply for international protection;
Amendment 212 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Underlines with concern that people in vulnerable situations, including persons with disabilities, children, religious minorities, especially in times of rising anti-semitism and islamophobia in Europe, Roma and other persons belonging to ethnic minorities, migrants, refugees, LGBTI+ persons and elderly persons, as well as women continue not seeing their rights fully respected across the Union; emphasizes the obvious link between deteriorating rule of law standards and human rights and minority rights violations in those Member States;
Amendment 224 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, equality and rights of persons belonging to minorities as part of the Union’s annual reporting mechanism;
Amendment 227 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; considers that focusing annually on a single pre-defined topic would not allow to highlight other serious violations of the Charter taking place on a given year; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports;
Amendment 236 #
2021/2025(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, Ombudsman and equality bodies, professional associations and other stakeholders; noteregrets that three Member States refused to make public their submissions for the 2020 report; calls for transparency in the process and for all submissions to be made public;
Amendment 244 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the processtimeframes for consultation for civil society are too short and should be more predictable; notes that organising consultations before the annual release of public statistics impoverishes contributions; calls on the Commission to allow multilingual submissions; suggests making the framework for stakeholders’ contributions less rigid;
Amendment 250 #
2021/2025(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that cooperation in the annual monitoring cycle with the Council of Europe and its Parliamentary Assembly, including through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; recalls that accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation provided for under Article 6(2) TEU; reiterates the need for a swift conclusion of the accession process in order to ensure a consistent framework for human rights protection throughout Europe and to further strengthen the protection of fundamental rights and freedoms within the Union;
Amendment 257 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Council to respond positively to Parliament’s call in its resolution of 7 October 2020 for an EU mechanism on democracy, the rule of law and fundamental rights; reiterates that such mechanism is necessary to reinforce the promotion and respect for Union values; recalls that this annual Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States; recalls that findings of relevant international bodies, such as the ones under the auspices of the UN, OSCE and the Council of Europe, are of crucial importance for the assessment of the situation in Member States; believes that the European Union Fundamental Rights Information System EFRIS is a source of information in this regard;
Amendment 261 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Recommends that the Commission aligns recommendations with potentially applicable tools to remedy the identified shortcomings; calls on the Commission to better follow-up on the implementation of the country-specific chapters by the Member States concerned by activating other rule of law tools to achieve results in case of non-implementation of the recommendations; underlines the importance of identifying clear positive and negative trends in each Members State and the need to give special attention to comparisons with the reports of the respective previous year;
Amendment 265 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Calls on the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU in order to establish an objective and evidence-based monitoring mechanism enshrined in a legal act binding the three institutions to a transparent and regularised process, with clearly defined responsibilities, involving a panel of independent experts that shall advise the three institutions, in strong cooperation with the European Union Agency for Fundamental Rights, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 271 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. SReiterates that the DRF mechanism must complement and reinforce, and by no means substitute, the ongoing and future proceedings under Article 7 TEU; strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; urges the Council to proceed without delay to vote under Article 7(1) TEU; calls on the Council to ensure that hearings under Article 7(1) TEU start again as a matter of urgency and also address new developments; reiterates its recommendation to the Council to address concrete recommendations to the Member States in question, as enshrined in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both procedures;
Amendment 277 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; considers that the Conference on the Future of Europe should further assert the precedence of the EU legal order; invites the Conference on the Future of Europe to consider strengthening the role of the Court of Justice of the European Union in protecting the Union’s founding values;
Amendment 285 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CStresses that the applicability, purpose and scope of the Rule of Law Conditionality Regulation is clearly defined in the legal text of the said Regulation; considers that the European Council conclusions on the Regulation on a general regime of conditionality contravene Article 17 and Article 15 TEU and Article 288 TFEU, and introduce unnecessary legal uncertainty considering some recent developments by Member States subject to Article 7 TEU; calls for action in this regard; recalls that said Regulation applies from 1 January 2021; calls for the Commission to use the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law, as well as in any other relevant assessment for the purposes of existing and future budgetary tools; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; calls on the Commission to more vigorously apply the Common Provisions Regulation and the Financial Regulation to tackle discriminatory use of European funds, as it did when withholding funds for municipal or local governments proclaiming themselves to be ‘‘free from LGBTI ideology’’;
Amendment 289 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Commission to develop a culture of European values, including through strengthened efforts to promote European citizens’ education, which should include rule of law education;
Amendment 293 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls on the Council and the Commission to provide adequate funding for European-wide, national, regional and local civil society organisations and independent journalism to foster grassroots support for democracy, the rule of law and fundamental rights in all Member States, in particular where violations and shortcomings have been identified; believes that adequate funding under the Citizens, Equality, Rights and Values programme is extremely important, including for strategic litigation;
Amendment 297 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, been solved, risk deteriorating or have further deteriorated, to identify trends and transversal issues and to put forward clear recommendations to remedy any risks or backsliding identified;
Amendment 306 #
2021/2025(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to make clear in its annual Rule of Law Reports that not all rule of law shortcomings and violations are of the same nature and/or intensity and that when the values listed in Article 2 of the TEU are violated gravely, permanently and systematically, Member States cease being democracies; and become authoritarian regimes; calls, therefore, on the Commission to assess countries under ongoing Article 7 TEU proceedings in-depth, in order to illustrate how the rule of law has been structurally undermined to facilitate the consolidation authoritarian-style governance structures;
Amendment 310 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Underlines that this report should serve as a basis for the prioritisation of follow-up actions by the EU regarding those Member States where shortcoming or deficiencies are witnessed, firmly placing the contribution of the report within the overarching democracy, rule of law and fundamental rights mechanism;
Amendment 311 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Commits to start working on the 2021 report as early as possible after its publication;
Amendment 11 #
2021/2023(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, in October 2020, the UN High Commissioner for Human Rights, Michelle Bachelet, appealed to the Government of India to safeguard the rights of human rights defenders and NGOs, raising concerns over shrinking space for civil society organizations, detention of human rights defenders and charges against people that simply exercised their rights to freedom of expression and peaceful assembly, as well as over the use of laws to stifle dissent, such as Foreign Contribution Regulation Act (FCRA) and the Unlawful Activities Prevention Act;
Amendment 18 #
2021/2023(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas restrictions on communications and clampdowns on civil society activists in Indian-administered Kashmir remain of serious concern, while despite recent restoration of 4G access for mobile phones, the communications blockade has seriously hampered civic participation, livelihoods, educations and access to health-care and medical information as reported during the 46th session of the UN Human Rights Council on 26 February2021;
Amendment 26 #
2021/2023(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas various UN experts have called on India to release students, protest leaders and human rights defenders detained for protesting against changes to Indian laws and policies and raised concerns over use of terrorism charges to silence human rights defenders;
Amendment 30 #
2021/2023(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas Amnesty International was compelled to close its offices in India after its bank accounts were frozen over alleged violation of the Foreign Contribution Regulation Act (FCRA) while the three UN special rapporteurs have called for amending the law in line with India’s rights and obligations under international law;
Amendment 187 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
t) address the human rights situation and challenges faced by civil society in particular concerns raised by the UN High Commissioner for Human Rights and the UN Special Rapporteurs, in its dialogue with the Indian authorities, including at summit level; encourage India, as the world’s largest democracy, to demonstrate its commitment to respecting and protecting fundamental freedoms, including the freedom of expression, peaceful assembly and association, to end attacks against - and to release arbitrarily detained - human rights defenders, students and journalists, including in the Indian- administered part of Kashmir, to repeal laws that may be used to silence dissent, and to ensure accountability for human rights violations;
Amendment 193 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point t a (new)
Paragraph 1 – point t a (new)
t a) to put pressure on the Indian government to: - repeal or amend laws used to silence dissent and restrict the ability of civil society organisations to function effectively, including the Foreign Contribution Regulation Act, the counterterrorism law, the Unlawful Activities Prevention Act, and the sedition and criminal defamation laws and allow civil society organisations and human rights defenders to work freely without fear of reprisals, to unfreeze the accounts of Amnesty International India and to cease all harassment of its staff; - Implement police reform as recommended by the Supreme Court of India, including the establishment of a complaint mechanism to address police abuse, strictly enforcing existing laws and guidelines on arrest and detention; - Ratify and ensure thorough implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance; - Take immediate steps to eliminate abuses against Dalits, tribal groups, religious minorities, and other marginalized communities, providing concrete plans to implement laws and government policies to secure their protection, and ensuring development programs reach target groups; - Suspend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, revising the draft bill on data protection to ensure it is line with international standards on safeguarding the right to privacy of users and other human rights, and is accompanied by surveillance reform; - End the use of blanket internet shutdowns and enhancing transparency on the way shutdown orders are issued and extended; - Reinstate the death penalty moratorium with a view to permanent abolition of capital punishment; - Institute an effective monitoring mechanism that oversees the implementation of laws dealing with sexual violence against women and children, including failures in police accountability; - Ratify and implement the ILO Convention on Violence and Harassment,2019, No. 190, taking steps toward effective prevention measures, including special attention to sectors with heightened risk of violence and harassment, such as domestic work;
Amendment 206 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point u a (new)
Paragraph 1 – point u a (new)
u a) to urge India to develop a National Action Plan on business and human rights in order to fully implement the UN Guiding Principles on Business and Human Rights, recalling the responsibilities for all companies to respect human rights in their value chains, and to encourage India to participate actively for a UN binding treaty for corporate responsibility on human rights;
Amendment 23 #
2020/2255(INL)
Motion for a resolution
Citation 47 a (new)
Citation 47 a (new)
— Whereas a number of Member States have launched new “Digital Nomad Visas” which aim at facilitating the residence of remote workers or remote self-employed persons;
Amendment 26 #
2020/2255(INL)
Motion for a resolution
Citation 47 b (new)
Citation 47 b (new)
— Whereas Covid19 has transformed the way the world works and in lieu has created a situation for many European workers and self-employed persons to work remotely;
Amendment 27 #
2020/2255(INL)
Motion for a resolution
Citation 47 c (new)
Citation 47 c (new)
Amendment 69 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate, harmonise and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work andby aligning provisions across the existing legal migration directives to reduce bureaucracy and, promote equal treatment and prevent labour exploitation, following the recommendations set out in the Annex hereto;
Amendment 71 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work and to reduce bureaucracy, enhance harmonisation and promote equal treatment, following the recommendations set out in the Annex hereto;
Amendment 79 #
2020/2255(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal and create a framework for the validation and recognition of skills and qualifications, based on objective and uniform criteria;
Amendment 87 #
2020/2255(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of short-term mobility as a complement to legal pathways, especially for the purposes of research or study in order to improve upstream cooperation with third countries, for example to stem irregular migratory flows, and asks the Commission to explore this direction further;
Amendment 98 #
2020/2255(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Directive (EU) 2021/...15 , but considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium-skilled workers; calls, therefore, on the Commission to include in its proposal an admission scheme for low- and medium- skilled third-country workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criteria; _________________ 15EUT number of 2016/0176 COD to be inserted.;
Amendment 106 #
2020/2255(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union is in need of more self-employed people and entrepreneurs in order to remain competneeds to boost its culture of entrepreneurship to remain relevant and competitive in the global market, increasing the economy’s agility, robustness, stability, and growth while creating new economic activity and employment opportunitives; calls on the Commission to include in its proposal an admission scheme for entry and residence of self- employed people and entrepreneurs, in particular those whorking to establish small and medium- sized enterprises and start-ups, based on objective and uniform criteria;
Amendment 110 #
2020/2255(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recognises that the increased emergence of gig work over the past years has however resulted in the major exploitation of workers who are often forced to declare themselves as self- employed persons rather than employees of a business and that this is not only detrimental to the rights of workers themselves but in consequence devalues the notion of “self-employed persons”; welcomes the Commission’s intention to present a proposal for a legislative initiative to improve the working conditions of platform workers by the end of 2021, as announced in the European Pillar of Social Rights Action Plan and preceded by a two-stage consultation of the social partners; Emphasises that any proposal in this regard must seek to combat the exploitation of platform and gig workers as consequences of the misclassification of platform workers as self-employed persons;
Amendment 112 #
2020/2255(INL)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Encourages the European Commission to evaluate different schemes across the European Union which cater to remote workers, such as so called “nomad visa schemes” and youth mobility schemes in order to attract more diverse talent to the European Union;
Amendment 124 #
2020/2255(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the objectives of Directive 2011/98/EU is to simplify and harmonise the rules concerning permits currently applicable in the Member States, while also promoting equal treatment; further notes that this objective has not been fully achieved, with some of the provisions being implemented in different ways across the Union; requests the Commission to take the necessary steps to ensure that theall Member States implement thate Directive fully; furthermore considers that thate Directive should be amended to allow applications for a single permit to be lodged either from within both a Member State andor from a third country, and, that in order to reach a broader category of workers, the scope and the application of the Directive should be expanded; calls on the Commission to further simplify and harmonise the rules, to clearlyas well as to regulate the procedure for obtaining an entry visa so as to, thus avoiding applicants having to submit the documents needed to obtain a single permit twice, and to reduce dependency of workers from risks of exploitation; calls on the Commission to include such amendments in its proposal;
Amendment 125 #
2020/2255(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the objective of Directive 2011/98/EU to simplify and harmonise the rules concerning permits currently applicable in the Member States has not been fully achieved with some of the provisions being implemented in different ways across Union; requests the Commission to take the necessary steps to ensure that the Member States implement that Directive fully; further considers that that Directive should be amended to allow applications for a single permit to be lodged from within both a Member State and a third country, and, that in order to reach a broader category of workers, the scope and the application of the Directive should be expanded; in order to further simplify and harmonise the rules, calls on the Commission to clearly regulate the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice, and calls on the Commission to include such amendments in its proposal;
Amendment 133 #
2020/2255(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Requests that the Commission includes in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third- country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union; insists that the lead authorities should be responsible for the sharing of information among Member States on third-country workerlabour migration rules and should act as contact points for the talent pool; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions;
Amendment 135 #
2020/2255(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Encourages Member States to adopt a naming and shaming approach to enterprises which exploit third country nationals for human capital;
Amendment 147 #
2020/2255(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Highlights the fact that the intra- EU mobility of third-country nationals is a key component of the EU’s legal migration policy, as it provides clear added value that cannot be achieved at Member-State level; therefore calls on the Commission to propose appropriate legislative action enhancing the right to intra-EU mobility across the existing legal migration directives;
Amendment 149 #
2020/2255(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to improve the regulation on private agencies involved in international recruitment;
Amendment 164 #
2020/2255(INL)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Acknowledges that most Member States have national schemes to attract labour migrants; however believes that, in the medium term, the EU must move away from a sectoral approach and adopt an immigration code setting out broad rules governing entry and residence for all third-country nationals seeking employment in the Union and harmonising the rights enjoyed by such third-country nationals and their families;
Amendment 165 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the European Commission to issue new proposals on the employment of asylum seekers while awaiting a decision on their asylum claim, thus reducing the negative impacts of forced inactivity until the finalisation of their asylum procedure;
Amendment 166 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Encourages the European Commission to conduct a study on the issue of third country nationals turnover rates within the European Union, in order to better understand the reasons behind departure from a Member State within the first three years of arrival, resulting in a high cost base for employers, diminishing competitiveness and increasing the cost of living;
Amendment 167 #
2020/2255(INL)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Encourages the European Commission to conduct a study on the impact of increased economic migration into the Union on the housing market, with the aim of creating a set of recommendations that ensure the housing market is not disproportionately affected and remains affordable to all;
Amendment 171 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 1 – title
Annex I – Recommendation 1 – title
Recommendation 1 (on the establishment of a Union-wide talent pool for legally migrating third-country nationals)
Amendment 176 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 1 – indent 1
Annex I – Recommendation 1 – indent 1
- The European Parliament considers that the legislative act to be adopted should establish a Union-wide talent pool for third-country nationals who wish to apply for work in and migrate legally to a Member State, as well as for Union-based employers to search in third countries for potential employees, and should facilitate the admission and free movement of third- country workers. The European Parliament considers that such a Union-wide talent pool should establish synergies with the existing framework and the legislative act should therefore amend Regulation (EU) 2016/589 in order to expand the current scope of the EURES Portal, established by that Regulation;
Amendment 187 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 1
Annex I – Recommendation 2 – indent 1
- It is a pressing need for the Union to improve its attractiveness for all skilledallow the admission of third- country workers, not only for highly-across all skilled workerlevels. With the revision of the Directive (EU) [EU BLUE CARD], the Union has taken further steps to achieve that goal for highly-skilled third- country workers. However, it is imperative to achieve that goal for third- country workers in jobs considered to be low- and medium- skilled third-country workers in order to fill vacancies and improve matching on the Member States’ labour markets, further enhancing the Union’s economic competitiveness.
Amendment 192 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 2
Annex I – Recommendation 2 – indent 2
- To properly address that issue, the European Parliament calls on the Commission to, within the legislative act to be adopted, include provisions setting up an admission scheme with conditions of entry and residence for low- and medium- skilled third-country workers. The scheme should ensure equal treatment in coherence with the existing EU acquis on labour migration, and include the creation of a framework within which third-country workers are able to have their skills and qualifications properly recognised and validated for use on the Member States’ labour markets.
Amendment 196 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 3 – indent 1
Annex I – Recommendation 3 – indent 1
- Traditionally, a work permits has only been issuedare issued in the place where the third- country national already has an employment contract or a firmn offer of employment. However, the European Parliament is of the view that the basis for issuing work permits could be improved and developed further. Along the same lines, the Commission has stated that its objective is to encourage more people to become entrepreneurs, thereby improving Europe’s economic performance1 . Third- country nationals working as entrepreneurs or as self-employed people might experience that the environment in their country of origin is not conducive for their start-up or for their efforts as entrepreneurs. Through a Union-wide admittance scheme such third-country nationals could be giMember state regulations regarding self-employment and entrepreneurship of third-country nationals vary across the Union. EU levenl an opportunity to migrate legally to the Union and establish themselves andction should promote a favourable environment for entrepreneurship of their businessed-country nationals. _________________ 1 https://ec.europa.eu/growth/smes/sme- strategy/start-up-procedures_en
Amendment 200 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 3 – indent 2 a (new)
Annex I – Recommendation 3 – indent 2 a (new)
- - However in order to respect the growing spirit of entrepreneurship which the union must foster, it is imperative that the European Commission takes a firm stand to make a distinction between entrepreneurship, self-employed persons and persons who are engaged in gig work and are forced and exploited by their employers to declare themselves as self- employed persons, which results in a deprivation of workers access to employment rights, social protections, entitlements and the application of relevant rules.
Amendment 210 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – title
Annex I – Recommendation 5 – title
Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)
Amendment 214 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 5 – indent 1
Annex I – Recommendation 5 – indent 1
- The European Parliament is of the view that procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive to be fully efficient, therefore considers that the legislative act to be adopted should amend that Directive in order to allow applications for a single permit to be lodged botheither from within the territory of a Member State and from a third country, while engaging both the Member States and the third countries in a system that shares information on, and coordinates with respect to, the applications lodgedor from a third country. The European Parliament moreover calls for, inter alia, the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed twice to obtaining a single permit twice, and also requests the Commission to propose changes that would a single permit. Furthermore, requests the Commission to propose changes that would alleviate the difficulties facing third- country nationals holding work permits, when changing employment. This creates an environment where the permit holder is forced to become dependent on the employer. The Commission should therefore analyse the efficiency of permit procedures and reduce unnecessary administrative requirements which obstacles for potential employees, and employers. Requests the Commission to propose changes that would address the lack of implementation of equal treatment provisions in the Directive and persistent labour exploitation, in particular to alleviate the difficulties facing third- country nationals holding worksingle permits when changing or losing employment, thus making the permit holder too dependent on the employer. An effective workplace monitoring and complaints’ mechanisms to protect all migrant workers’ labour rights, which should in particular guarantee effective access to justice and redress and protect workers from retaliation, must be ensured.
Amendment 220 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – title
Annex I – Recommendation 6 – title
Recommendation 6 (on the establishment of a Union-wide transnational advisory service network for legally migrating workers)
Amendment 225 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – indent 1
Annex I – Recommendation 6 – indent 1
- The European Parliament is of the view that systematic cooperation between and engagement with the authorities of Member States and of third countries is required to enhance legal pathways for labour migration. To achieve that goal, the European Parliament considers that the legislative act to be adopted should establish a transnational advisory service network, managed by the Commission, for third-country workers, with each Member State designating a lead authority to coordinate the advice and information provided to legally migrating third-country nationals applying for work in the Union. The authorities in each Member State should also be responsible for closely coordinating with one another with regard to applications lodged for a single permit to reside and work in the Union in accordance with Directive 2011/98/EU in order to avoid double submissions. That network should also take into account national specificities and different demands of national labour markets.
Amendment 228 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 6 – indent 2
Annex I – Recommendation 6 – indent 2
- In addition, each Member State should be responsible for requesting from employersuse information on third-country workers, in full respect of Union data protection law, in order to enable third- country nationals to be connected with the relevant authorities and support services, in order to facilitate the protection and strengthening of the equal rights and treatment of third-country workers. This transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1.
Amendment 232 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 7 – indent 1
Annex I – Recommendation 7 – indent 1
- Promoting professional mobility for legally residing third-country nationals working in a Member State also means protecting them from exploitation. Numerous third-country nationals, in particular low-skilled third- country nationals, hesitate to leave an exploitative employer because it would mean that they would lose their work permit and right to stay in the Union. Holders of a work permit issued under the Directive 2014/36/EU are, in particular, prone to exploitation, seeing how they often tend to work within sectors mainly employing low-skilled workers.
Amendment 235 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 7 – indent 2
Annex I – Recommendation 7 – indent 2
- Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their permit revoked. The European Parliament recommends that the Commission, at the same time, considers other appropriate amendments to that Directive in order to bring it up to date and in line with other more recent Union legal acts dealing with legal migration and further address persistent labour exploitation of seasonal workers.
Amendment 6 #
2020/2201(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas people between 0 and 25 years old represent one third of Europeans; whereas their voice is exceptionally important and the future of Europe is theirs;
Amendment 9 #
2020/2201(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas Articles 12 until 17 of the UNCRC include the civil and political rights of children and form important components of ensuring that children will be able to participate effectively in public decision-making processes;
Amendment 11 #
2020/2201(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas Article 24 of the EU Charter of Fundamental Rights prescribes that children may express their views freely and that such views shall be taken into consideration on matters which concern them in accordance with their age and maturity;
Amendment 14 #
2020/2201(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the 2019 elections to the European Parliament showed that there is still progress to be made to increase participation of people with a racial or ethnic minority background in European elections and their representation as elected members and staff of the European parliament;
Amendment 17 #
2020/2201(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
A e. whereas political rights – including the acquisition of citizenship – are a major driver for migrant inclusion.1a _________________ 1aFundamental Rights Agency, Together in the EU - Promoting the participation of migrants and their descendants, 2017.
Amendment 18 #
2020/2201(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
A f. whereas the EU recognised the need to support initiatives that seek to remove institutional and structural barriers to equality, inclusion and participation of underrepresented and disadvantaged groups in society, including by promoting their role and contribution in society and demystifying the legacy of colonialism2a; _________________ 2a Some of the recognised reasons are lack of political will to facilitate and include underrepresented voters, systemic and institutionalised discrimination and polarisation, socio-economic challenges as a preliminary obstacle to political participation and insufficient financial support. https://ec.europa.eu/info/sites/info/files/eu -citzen_-_type_a_report_-_infographics_- _a4_full.pdf
Amendment 19 #
2020/2201(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
A g. whereas the EU highlighted the specific challenges faced by racialised communities, including migrants and refugees, with the COVID-19 crisis, notably that the risk of rising racism and xenophobia may represent additional obstacles tot heir participation in the labour market and in society at large3a; _________________ 3a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Union of equality : EU anti- racism action plan 2020-2025.
Amendment 35 #
2020/2201(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for supportive measures aimed at increasing civic literacy and building civic capacity to encourage citizens’ understanding of the policymaking process and to promote civic engagement in the actions of the Union; considers to that end that stronger action by Member States and the Commission in fostering EU citizenship education is necessary; calls on the Commission to provide support to complement educational programmes and training in all Member States, notably by supporting the development of a common curriculum on European citizenship education; invites the Commission and the Member States to develop a comprehensive European strategy on civic and citizenship education accompanied by supporting platforms to promote its implementation;
Amendment 39 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that citizens’ trust in the EU institutions is fundamental for democracy, good governance and effective policy-making, believes that the EU institutions must strive for the highest possible standards of transparency, accountability and integrity; calls in particular on the Council to increase transparency as regards to its decision making process and access to documentation;
Amendment 42 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Encourages EU Member States to include children’s rights and the functioning of the EU as part of national curricula and promote engagement by young people in EU decision-making processes;
Amendment 44 #
2020/2201(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the inclusion in the Rights and Values Programme of a citizens’ engagement and participation strand designed to promote citizens’ engagement and participation in the democratic life of the Union; stresses the importance of ensuring continuity and increased resources for this strand; calls for the swift establishment of the ‘Civil Dialogue Group’, included in said programme;
Amendment 52 #
2020/2201(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. RegreHighlights the limited political and legal follow-up given by the Commission to successfulportance of established channels for citizens’ participation, such as the European citizens’ initiative; considers that this important tool lacks visibility, accessibility and follow-up; encourages the Commission and Member States to raise awareness on such tool; believes that the European Citizens’s Initiatives; strongly regrets the Commission’s dismissal of the Minority SafePack should be evaluated with a view to identify how its impact and effectiveness can be improved; point out that a successful European Citizens’s Initiative, which addresses basic values and objectives enshrined in the Tre should not automatically lead to the introduction of new legislatieson;
Amendment 66 #
2020/2201(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights the importance of Equality Bodies, National Human Rights institutions and Ombudspersons to address concerns of citizen’s on issues covered by EU competences or violations of EU rights and values; stresses that the independence of such structures from governing authorities is a prerequisite to enable and protect meaningful citizen’s engagement; calls therefore for the Commission to closely monitor this area in forthcoming Rule of Law reports;
Amendment 70 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop accessible, innovative and inclusive tools for citizens’ participation and dialogues, and to offer them a non-bureaucratic and comprehensive website or other medium, easily accessible to everyone and providing citizens with all European participatory initiatives; underlines that social media plays a crucial role, especially for children, as it is currently, even more than ever, their common place;
Amendment 72 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop innovative and inclusive tools for citizens’ participation and dialogues; recalls that such tools should be adapted to ensure full access for people with disabilities and different age groups;
Amendment 74 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Believes that participation could be enhanced by ensuring predictable, flexible, adapted and multilingual process and tools of consultation; considers important to foster participation of people belonging to minorities in all public consultations in order to share their experiences and be able to promote further diversity in all policies;
Amendment 75 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the EU Institutions and Member States to ensure participation by a diverse range of people and to introduce necessary measures to reduce discrimination or exclusion on the basis of gender, ethnicity, race, social status, sexual orientation, religion or disability;
Amendment 81 #
2020/2201(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the European Commission and the Member States to proactively address the under- representation of racial and ethnic minorities in public institutions and political and policy processes, including by supporting their capacity-building and empowerment, and by enhancing their representation in decision-making positions at national and European level;
Amendment 83 #
2020/2201(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Supports the establishment of a permanent structured dialogue with citizens to ensure that their views directly inform EU decision-making and public policy as proposed in December 2018 by the Committee of the Regions and the European Economic and Social Committee;
Amendment 85 #
2020/2201(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the European Commission to work with European political parties, the European Cooperation Network on Elections and civil society to improve political participation; calls on the Commission to commit to this work under the European democracy action plan and the Commission’s forthcoming report on EU citizenship;
Amendment 88 #
2020/2201(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Calls for the EU to support studies on increasing participation of minorities in public and political life;
Amendment 91 #
2020/2201(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States and the Commission to encourage the active participation of EU citizens in EU matters, notably young people, in order to support their involvement in shaping society and politics; considers that the voices and demands of young Europeans should have special consideration during the Conference on the future of Europe; calls on the Commission to devote sufficient resources to promote a wide participation of young people through appropriate tools;
Amendment 95 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that EU Member States should expressly recognise the rights of children to engage in civic action, including the rights to assemble peacefully, to associate and to express themselves; notes that information required by children to exercise these rights should be provided in a form that is easily accessible and understandable and that any barrier to the exercise of these rights should be removed;
Amendment 96 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that migrants and people in need of international protection should have the possibility to express their views, in particular, on asylum and migration policies; invites the Commission to proactively engage them in the design of such policies;
Amendment 101 #
2020/2201(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on the EU Institutions and Member States to enact laws which guarantee the rights of children to participate in all matters affecting them, including public decision-making processes; considers that law and policy should be specific and provide guidance on the format, structure, operation and evaluation of all child participatory mechanisms; stresses that sufficient financial and other resources must be made available to ensure sustainable and effective mechanisms are introduced and maintained;
Amendment 104 #
2020/2201(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on the EU Institutions and Member States to facilitate direct contact between children and decision-makers and provide adequate training and support to adults engaging with children; notes that the benefits of child participation should be shared with the wider community in order to generate widespread acceptance of the practice and to transition societies to the systemic use of child participation mechanisms;
Amendment 107 #
2020/2201(INI)
8 d. Urges the EU Institutions and Member States to make provision for dedicated spaces for children to come together to participate indecision-making processes; underlines that children’s involvement should be voluntary and they should always be treated with respect; recalls that all processes should be fully transparent and clearly explained to all involved and that processes and spaces should be child-friendly, safe and sensitive to risk;
Amendment 109 #
2020/2201(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Commends child-specific consultations conducted by the European Commission and supports the set up of an EU Children’s Participation Platform in the future; welcomes the inclusion of young people in the Digital Platform and Citizens’ Panels of the Conference on the Future of Europe; urges the EU institutions to create structural ways to ensure similar engagement with children and young people in the future on a structural basis;
Amendment 111 #
2020/2201(INI)
8 f. Stresses that the EU Commission and Member States should include mechanisms for feedback, evaluation and monitoring in all official child participation mechanisms; considers that feedback should be provided directly to children in a timely manner and in a format that is easily accessible by children; advises that the evaluation of participation mechanisms should be undertaken by independent monitoring bodies and that recommendations made by such bodies and other international oversight committees should be accepted, considered and actioned where necessary;
Amendment 1 #
2020/2116(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Universal Declaration of Human Rights of 1948, and in particular Article 13 and Article 14 thereof,
Amendment 2 #
2020/2116(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 and in particular Article 3, and the additional protocol thereto,
Amendment 3 #
2020/2116(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the International Convention for the Protection of All Persons from Enforced Disappearance,
Amendment 4 #
2020/2116(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the work of various international human rights mechanisms, including the reports of the UN Special Rapporteur on the human rights of migrants, notably his follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants of 8 May 2015, as well as his report on the freedom of association of migrants of May 2020, and of other Special Rapporteurs, the Universal Periodic Review and the work of other treaty bodies,
Amendment 6 #
2020/2116(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the Report of the UN Secretary-General: Smuggling of migrants and trafficking in persons in the Mediterranean Sea off the coast of Libya form September 2020 (S/2020/876) in particular violations faced by migrants and asylum seekers in Libya,
Amendment 7 #
2020/2116(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya, and the effectiveness of technical assistance and capacity-building measures received by the Government of Libya in particular the paralysis of the state’s security institutions by armed groups and militias,
Amendment 9 #
2020/2116(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to EU Regulation 656/2014: establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union,
Amendment 10 #
2020/2116(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the Council Conclusions on the EU Action Plan on Human Rights and Democracy 2020- 2024, and the annexed EU Action Plan on Human Rights and Democracy 2020- 2024, as agreed by the Council on 17 November 2020,
Amendment 11 #
2020/2116(INI)
Motion for a resolution
Citation 22 b (new)
Citation 22 b (new)
- having regard to the Joint Communication to the European Parliament and the Council for the EU Gender Action Plan (GAP) III {SWD(2020) 284 final},
Amendment 16 #
2020/2116(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to the Malta Declaration by the members of the European Council on the external aspects of migration: addressing the Central Mediterranean route of 3 February 2017,
Amendment 21 #
2020/2116(INI)
Motion for a resolution
Recital A
Recital A
A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption; whereas gradual, normative development within the modern international human rights framework of the rights of migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas migrants remain and - in particular - forcibly displaced persons, however, among the most vulnerable and disadvantaged groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering, discrimination and violence; whereas the European Union, as a historic region of both emigration and immigration and, as a community united by founding values of human dignity, freedom and human rights and as one of the worlds’ largest donors promoting sustainable development, supporting displaced persons and working through multilateral forums towards finding durable solutions, has a particular duty to respect, protect and promote the rights of migrants, notably in its external dealings;
Amendment 41 #
2020/2116(INI)
Motion for a resolution
Recital D
Recital D
D. whereas since 2016 the EU hasand some Member States, such as France, Greece, Italy and Spain, have multiplied the number of informal agreements and arrangements on return and readmission with third countries, including Joint Migration Declarations, Memoranda of Understanding, Joint Ways Forward, Standard Operating Procedures and Good Practices as well as police cooperation agreements ; whereas, similarly to formal readmission agreements, such informal arrangements affirm states’ commitments to readmitting their nationals (or others) and establish procedures to carry out returns in practice; whereas since 2016, the EU has concluded at least 11 informal agreements but only one new readmission agreement;
Amendment 44 #
2020/2116(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in its communication on the new Pact on Migration and Asylum of 23 September 2020, the Commission reiterated that in the framework of comprehensive partnerships with third countries migration should be built in as a core issue and linked to other policies, such as those relating to development cooperation, security, visas, trade, agriculture, investment and employment, energy, environment and climate change and educationstresses the importance to develop and deepen tailor-made comprehensive and balanced migration dialogues and partnerships with countries of origin and transit complemented by engagement at the regional and global level ;
Amendment 51 #
2020/2116(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the EU Gender Action Plan III commits the EU to ensuring that "the human rights of migrant women and girls are fully realised through gender- responsive migration policies, programmes and laws, and gender- responsive migration governance at global, regional and national levels reinforced";
Amendment 56 #
2020/2116(INI)
Motion for a resolution
Recital H
Recital H
H. whereas UN human rights experts, NGOs and civil society organisations warned that the COVID-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families, regardless of their migration status, both during and after the pandemic;
Amendment 61 #
2020/2116(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that these obligations require not only the abstract recognition of the applicability of the relevant standards, but also an appropriate operationalisation through detailed and specific instruments that allow for effective protection and safeguards in practice as well as through a human rights- based approach to the entire migration policy cycle, from formulation to adoption, implementation, monitoring and evaluation;
Amendment 64 #
2020/2116(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that, in compliance with Article 3(5) and 21 TEU, the EU and, when applying EU law, the Member States, in their external and extraterritorial actions in the areas of migration, borders and asylum, should pay specific attention toall respect the rights enshrined in the Charter of Fundamental Rights, including the right to life, the right to liberty, the right to asylum, human dignity and security, the protection from enforced disappearance, the prohibition of ill- treatment, torture, slavery and forced labour, the right to the protection of personal data, protection in the event of removal, expulsion or extradition and the obligation to take the interests of the child as a primary consideration, as well as adopting a gender-sensitive approach, and to ensure non-discrimination and procedural guarantees such as the right to an effective remedy and data protection;
Amendment 80 #
2020/2116(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, notably the GAMM and the new Partnership Framework, on the human rights of TCNs as well as the human rights impact of the EU’s cooperation on migration with third countries, including the impact of EU’s support for partner countries’ border and security forces; insists on the need to carry out such an evaluation in a comprehensive, inclusive and public format with a view to ensuring the full human rights compliance of the EU’s external migration policy including with regards to the Facility for Refugees in Turkey in the framework of the EU-Turkey statement and the EUTF;
Amendment 85 #
2020/2116(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with great concern the absence of operational, reporting, monitoring, evaluation and accountability mechanisms at the level of individual cases to track and respond to potential violations, as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of EU and EU agencies cooperation with third countries, especially in the case of informal agreements and financial cooperation;
Amendment 92 #
2020/2116(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the UN Refugee Convention, and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements, seek effective remedy and ensure accountability should such violations occur;
Amendment 95 #
2020/2116(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 100 #
2020/2116(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees, on human rights defenders and civil society in- country working to defend these rights and, to the extent possible, on impact that such cooperation would have on the wider population in the country affected by it, including access to rights, contribution to human security and peace, and sustainable development; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are are suspected of breaching the rule of law, experiencing ongoing or frozen conflicts and face increased risks of human rights violations, such as Turkey, Libya and Egypt and countries where migrants and refugees are subjected to mistreatment and illegal push backs, such as Tunesia, Algeria, Morocco; calls for a commitment to a conflict-sensitive approach that considers and recognizes the effects of assistance into conflict settings and seeks to minimize harm; urges in that regard the Commission to insist that all migration-related interventions must structure any short- term objectives or projects within longer- term aims that support governance;
Amendment 102 #
2020/2116(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees and on the resilience and livelihood of communities in the regions of intervention – in particular in border regions, as well as human security, peace and stability, with a specific focus on women; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations;
Amendment 110 #
2020/2116(INI)
8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and financial agreements with third countries that can potentially impact the rights of migrants and refugees in third countrieand human rights defenders and civil society in-country working to defend these rights, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent, participatory for civil society and field workers, and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; insits that such a system should contribute to ensuring accountability for potential human rights vioalations, including unlawful push backs violating the principle of non- refoulement; insists that such a monitoring mechanism will assess the implementation of agreements strictly on the basis of international law, the EU Charter and the Sustainable Development Goals;
Amendment 112 #
2020/2116(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism on the basis of international law, the European Charter and the Sustainable Development Goals, which entails periodic reports on the implementation of formal, informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent, participatory for civil society and field workers, and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism;
Amendment 115 #
2020/2116(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes with great concern that it is not possible to determine the identity of the majority of the people who die during the attempt to cross the Mediterranean; considers therefore that their identification shall be an obligation; stresses that identifying a person has a huge value in strengthening the memory of tragedies and the sense of humanity that should be linked to them; believes that this is also a moral, legal and administrative duty with regard to those who are alive; therefore considers it necessary to establish a coordinated European approach in order to support identification processes and to establish a database of deceased persons.
Amendment 117 #
2020/2116(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration, and asylum, policy, as well as development and foreign policies without a designated lead institutional actorhen it comes to address the root causes of migration; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the Commission’s activities that would enable Parliament to exert democratic control over the EU’s external migration policy and exercise budgetary authority over development funds; urges the Commission to designate a single lead institutional interlocu, insists on the importance to ensure coherence, synergies and complementarities in order tor at Commissioner level on the external dimension of migrationvoid overlap between the different tools. ;
Amendment 118 #
2020/2116(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration, asylum, development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the Commission’s activities that would enable Parliament to exert democratic control over the EU’s external migration policy and exercise budgetary authority over development funds; urges the Commission to designate a single lead institutional interlocutor at Commissioner level on the external dimension of migration;
Amendment 125 #
2020/2116(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights with great concern the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission, which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the Commission to prioritise the conclusion of formal readmission agreements, thus ensuring full respect for Article 218(6) TEU, and to ensure that formal EU Readmission Agreements (EURAs) exclude the application of informal agreements; believes that Parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies, such as readmission, and must be ready to undertake further action including suspension if these informal agreements appear to be incompatible with the Treaties;
Amendment 129 #
2020/2116(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights with great concern the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including on return and readmission, provision of training, operational and technical assistance to authorities of third countries for the purpose of border management and border control, carrying out operations or joint operations at the EU’s external borders or in the territories of third countries, and deploying liaison officers and operational staff in third countries; calls on the Commission to establish an independent, transparent and effective monitoring mechanism on all activities carried out by the European Border and Coast Guard Agency, in addition to the internal complaint mechanism in place;
Amendment 136 #
2020/2116(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls that also other EU actors implementing the external migration policy in the context of e.g. EU naval missions, are bound to applicable international law and that forwarding information to authorities of third countries that ultimately result in the unlawful return of migrants and refugees to unsafe countries, can be considered under international law as assisting in human rights violations;
Amendment 139 #
2020/2116(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that ad hoc Status Agreements, to be approved by the European Parliament, are required for the deployment of the European Border and Coast Guard Agency’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management, and also fail to clearly regulate accountability for potential human rights violations or ensure that material support and training to third countries is not given to perpetrators of human rights violations, and calls for any future status agreements to include such measures;
Amendment 150 #
2020/2116(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the extension of the mandate of the Fundamental Rights Agency to allow it to exercise an advisory role in the external dimension of EU asylum and migration policies and its effective and independent involvement in monitoring exercises; calls for the development of relevant tools and guidelines by the Fundamental Rights Agency;
Amendment 164 #
2020/2116(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, howeverunderlines that the use of development aid to promote the EU’s own objectives and goals in partner countries may contradict the rules and definition of Official Development Aid as defined by the OECD DAC as well as the Development Aid Effectiveness Principles; stresses, in that regard, that according to Article 208 TFEU the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty; calls, therefore, on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goals;
Amendment 165 #
2020/2116(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, however, that according to Article 208 TFEU the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty; calls, therefore, on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goals; stresses that visa issuing and development programmes should not be subject to cooperation on readmissions; stresses that cooperation and development budget should not be used for the purpose of border management and/or migration control;
Amendment 179 #
2020/2116(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the Commission to provide improved transparency, including by establishing a clear overview of the funds used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation, including information on the amount, purpose and source of funding as well as detailed information on any other potential support measures provided by EU agencies such as the European Border and Coast Guard Agency, in order to ensure that Parliament can efficiently perform its institutional role of scrutiny of the implementation of the EU budget; stresses to suspend any kind of budgetary support and training to the border authorities of third countries which, in this way, proceed with push backs by proxy in violation of the principle of non- refoulement (for example Libya, Tunisia, Morocco) and of Art.13 of the Universal Declaration of Human Rights;
Amendment 189 #
2020/2116(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society and community based groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, supporting forcibly displaced persons and their host communities, reaping the benefits of well- managed and orderly migration, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and the future perspective of refugeesolutions for refugees and migrants;
Amendment 199 #
2020/2116(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 200 #
2020/2116(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of the proposed Neighbourhood, Development, International Cooperation Instrument (NDICI); notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the framework of the ‘Migration Preparedness and Crisis Blueprint’, which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021- 2027 Multiannual Financial Framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes, as to link the EU financial disbursement to human rights obligations;
Amendment 204 #
2020/2116(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to regularly and publicly report to Parliament on the funding of migration-related cooperation programmes in third countries, the ways in which such funding has been used by partner countries and their human rights impact, including within the framework of the working group on external financial instruments of the Committee on Foreign Affairs;
Amendment 205 #
2020/2116(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that Parliament must make full use of its powers of implementation, scrutiny and budgetary control and auditing procedures before the European Court of Auditors and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management;
Amendment 213 #
2020/2116(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the effective and comprehensive protection of refugees and ease the pressure on host countries; stresses in this regard that the EU and its Member States should increase resettlement pledges and step up to legal pathways and contribute to a more structural and substantial funding of the regioncommunities and countries hosting most refugees, and should not use financial means to shift responsibility for the protection of refugees to third countries; calls on the EU and its Member States for increasing resettlement allocations and for working to prevent forced refugee returns from hosting countries; reiterates the importance of fully implementing the 23 objectives of the Global Compact for Safe, Orderly and Regular Migration; believes that Parliament must ensure the proper scrutiny of the implementation of both Compacts by the EU;
Amendment 217 #
2020/2116(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 223 #
2020/2116(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the EU to carry out a global campaign to support universal ratification of the Geneva Convention relating to the Status of Refugees and its 1967 protocol; urges Member States to lead by example by adhering to the UN Convention on the Rights of Migrant Workers, as one of the core UN human rights conventions;
Amendment 224 #
2020/2116(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls for the EU to work together with concerned countries to identify and implement mitigation and adaptation solutions for communities at risk of being uprooted by the global climate crisis, and to promote multilateral cooperation on durable solutions for those who are eventually displaced;
Amendment 10 #
2020/2072(INL)
— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Venice Commission of the Council of Europe,
Amendment 50 #
2020/2072(INL)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
Amendment 51 #
2020/2072(INL)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 52 #
2020/2072(INL)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
Amendment 54 #
2020/2072(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); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas democracy, the rule of law and fundamental rights are mutually reinforcing principles;
Amendment 73 #
2020/2072(INL)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas vulnerable groups such as women, Roma and LGBTI persons continue not seeing their rights fully respected in some Member States, and are not fully protected from hate and discrimination, in disregard of Union values provided for in Article 2 TEU and the right to non-discrimination, provided for in Article 21 of the Charter of Fundamental Rights of the European Union;
Amendment 75 #
2020/2072(INL)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas, contrary to the jurisprudence of the Hungarian Constitutional Court and the European Court of Human Rights, the right of transgender and intersex persons to access legal gender recognition procedures in Hungary was terminated through legislative amendments to the national registry; whereas such amendments changed the previously mutable category of “sex” to the immutable category of “sex at birth”, in intentional contravention of national and European rule of law;
Amendment 76 #
2020/2072(INL)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas it is documented and confirmed by the Polish Commissioner for Human Rights that over 100 Polish municipalities and local authorities have declared themselves LGBTI-free zones or adopted so-called ‘Regional Charters of Family Rights’, which are discriminatory against LGBTI people; whereas the Polish Commissioner for Human Rights condemned such actions and filed nine complaints to administrative courts, arguing that LGBTI-free zones violate Union law; whereas the Commission sent a letter in May 2020 to five mayors of Polish cities who are recipients of Union cohesion funding underlining the responsibilities of regional managing authorities, that spending under cohesion funds must not discriminate on the basis of sexual orientation and that municipalities acting as employers must respect Council Directive 2000/78/EC1a, which prohibits discrimination and harassment on the ground of sexual orientation in employment; whereas lawsuits have been brought by local governments against three Polish LGBTI activists who created the so-called “Atlas of Hate”; _________________ 1aCouncil Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
Amendment 77 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
Amendment 88 #
2020/2072(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
Amendment 97 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
Amendment 105 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
Amendment 126 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 127 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies, the protection of its citizen’s fundamental rights and its international credibility;
Amendment 138 #
2020/2072(INL)
3. recognises that the Union remains structurally ill-equipped to tackle democratic and, rule of law and fundamental rights violations and backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 139 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic, fundamental rights and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 148 #
2020/2072(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; underlines with concern that vulnerable groups, including women, Roma and LGBTI persons, continue not seeing their rights fully respected in some Member States and are not fully protected from hate and discrimination, in disregard of Union values as provided for in Article 2 TEU; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 153 #
2020/2072(INL)
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 171 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
Amendment 182 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 258 TFEU, the procedure under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 188 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the accreditation status of national human rights institutions and theexistence, and, where they do exist, the formal and functional independence of national human rights institutions, as also reflected in their accreditation status, and the enabling space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 193 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, equality bodies and national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of equality bodies, national human rights institutions and the space for civil society, as well as the protection provided to human rights defenders, may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 201 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedurein accordance with the principle of mutual sincere cooperation as enshrined in Article 13(2) TEU; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 214 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisibreaches of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 217 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
Amendment 230 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 234 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 6
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 247 #
2020/2072(INL)
Motion for a resolution
Annex I – part 1 – point 1
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and strengthening respect forpromote, strengthen and enforce respect for the founding Union values, in accordance with Article 2 TEU, by coordination and cooperation.
Amendment 250 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 2
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow- up stage.
Amendment 255 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts on a regular basis, civil society organisations and human rights defenders on a regular basis. The Working Group shall regularly make the reports on its work publicly available.
Amendment 257 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 a (new)
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
Amendment 259 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 264 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, civil society organisations, professional associations and networks, Council of Europe bodies and United Nations bodies to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report, subject to the contributors' consent.
Amendment 269 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 6
Annex I – part 2 – point 6
6. The Commission shall draw on all information at its disposal when preparing the Annual Report. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the Council of Europe, including the Venice Commission, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Group of States against Corruption, and other international organisations that produce relevant studies.
Amendment 274 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutions shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporate the findings in the Annual Report.
Amendment 277 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 280 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values inenshrined in Article 2 TEU in each of the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 290 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 10
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 293 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall make use of their respective powers under the Treaties with a view to contributing to an effective follow-up. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 300 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 302 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13 a (new)
Annex I – part 2 – point 13 a (new)
13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
Amendment 305 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
Amendment 311 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission shall either upon its own initiative or at the request of the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 318 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 17
Annex I – part 3 – point 17
17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions mayshall consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report.
Amendment 320 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 19
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
Amendment 326 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – introductory part
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that theall institution initiating a proposal under Article 7(1) TEU iss are able to participate in the hearings under Article 7(1) TEU where that proposal is presented and isare consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU.
Amendment 333 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 337 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21 a (new)
Annex I – part 3 – point 21 a (new)
21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
Amendment 26 #
2020/2045(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Parliament issued overall positive opinions in 2020 on the requests to extend the EUTFs until the end of 2021, while expressing concerns about the lack of transparency over the implementation of projects, with specific regard to the ones related to border and migration management, and under the condition, in the case of the Africa Trust Fund, of providing mandatory guarantees on the respect of fundamental human rights in all funded projects;
Amendment 29 #
2020/2045(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there are serious concerns that the EUTFs could have contributed to inhumane and degrading treatment and financed actors that have committed human rights violations, such as in Libya, Ethiopia, Eritrea and Niger;
Amendment 31 #
2020/2045(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the establishment of both the EUTFs and the Facility for refugees in Turkey (FRT) have been justified by the need for a flexible, ad hoc and swift reaction not possible under the classical institutional framework; and the limited resources and flexibility available in the EU budget; whereas the Lisbon Treaty reinforced the role of the European Parliament to bring more coherence and democratic accountability and whereas the extra-budgetary instruments such as the EUTFs, as well as extraordinary tools such as the FRT, pose challenges with respect to democratic accountability, including the role of the European Parliament and also the integrity and unity of the EU budget;
Amendment 36 #
2020/2045(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the 2016 migration crisis stemming from the Syrian conflict brought nearly 4 million refugees to Turkey, of which about 3.6 million are Syrian refugees and about 360 000 are registered refugees and asylum seekers from other countries, according to UNHCR data;
Amendment 39 #
2020/2045(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the new EU’s external financial framework (NDICI-Global Europe) should overcome the constraints that lead to the need to launch Trust Funds to response in a more flexible and rapid manner to specific crises;
Amendment 40 #
2020/2045(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas the primary objective of the Union development cooperation policy is the reduction and, in the long term, the eradication of poverty as enshrined in Article 208 TFEU;
Amendment 41 #
2020/2045(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas, according to the Financial Regulation, the EUTFs should be subject to an annual external and independent audit and the European Commission has the power to suspend the financing agreement if the third country breaches an obligation relating to respect for human rights, democratic principles and the rule of law and in serious cases of corruption;
Amendment 42 #
2020/2045(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
D e. whereas since July 2017, almost €90m has been allocated through the EUTF for Africa to train, equip and support the capacity of the Libyan coastguard for the interception of migrants at sea and land borders and €49m has been allocated to address the conditions in which returnees are detained;
Amendment 43 #
2020/2045(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
D f. whereas the European Consensus on Development remains the doctrinal framework for EU development policy, and the European Consensus on Humanitarian Aid reaffirms the fundamental principles of humanitarian aid;
Amendment 44 #
2020/2045(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
D g. whereas the EU and its partners in the humanitarian field must be able to ensure assistance and protection based on needs and on respect for the principles of neutrality, impartiality, humanity and independence of humanitarian action, as enshrined in international law and in particular in international humanitarian law;
Amendment 45 #
2020/2045(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Parliament, while acknowledging their value-added, has repeatedly voiced the need for enhanced parliamentary scrutiny of the EUTFs and the FRT and for stronger involvement in the preparation and negotiation of future EUTFs and of the extension of existing EUTFs and other financial instruments in the domain of EU external action; whereas, following the adoption of the 2021-27 MFF and the inclusion of the European Development Fund in the EU budget, Parliament’s demands have gained further relevance and legitimacy, taking into account that the biggest share of contributions to the EUTFs are now coming from the EU budget itself, while contributions from Member States represent a very limited share of the total EUTFs’ budget;
Amendment 52 #
2020/2045(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that pooling resources from the EDF, the Union budget and other donors in trust funds should not alter the ability of existing EU policies and programmes to pursue their original objectives, such as the eradication of poverty and the promotion of fundamental rights;
Amendment 58 #
2020/2045(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the new EU external financing instrument, NDICI-Global Europe, as it foresees increasing possibilities within the EU budget to respond to new emergencies;
Amendment 61 #
2020/2045(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that Committee Chairs and relevant Members have been granted observer status in meetings of the Strategic Boards of the Trust Funds and in the FRT Steering Committee; notes further that this status has not been formally reflected in the Constitutive Agreements of the Trust Funds; regrets that its call to allow Parliament to monitor the activities of the Operational Committee has not been answered and recalls its request to ensure that the Parliament is represented at these meetings;
Amendment 70 #
2020/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Continues to expresses concerns overDeeply regrets the limited role of Parliament in the supervision and scrutiny of the Union contributions to the EUTFs; recalls Parliament’s requestconsiders that the Parliament should be able to monitor the activities of the Operational Committee, and calls on the Commission to provide in good time detailed information on the decisions taken in that Committee and to ensure that Parliament is represented at its meetings;
Amendment 76 #
2020/2045(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s efforts to closely monitor and evaluate interventions, and to generate knowledge about the activities of the EUTFs and of the FRT, through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data on the web pages of the EUTFs and the FRT; considers, nevertheless, that the level of detail provided by the Commission with regard to projects related to migration and border management has not always been sufficient for the Parliament to adequately assess the implementation of these instruments;
Amendment 79 #
2020/2045(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets the late notice from the Commission on its intention to extend the duration of the EUTFs and the late evaluations of some of the Trust Funds, which did not allow Parliament to arrive at full and precise conclusions in a timely manner in the case of the Trust Fund for Africa;
Amendment 81 #
2020/2045(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the Parliament considered that, in order to proceed with the extension of the EUTF for Africa and also looking at its future functioning, mandatory guarantees on the respect of fundamental human rights should be provided in all funded projects, with particular attention to migration management, where these have not always been fully respected;
Amendment 83 #
2020/2045(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Reiterates Parliament’s insistence that the extension of the EUTFs until December 2021 agreed by the European Parliament be mainly technical to allow for a smooth transition into the new MFF and allowing for an efficient contracting and use of the funds already committed;
Amendment 87 #
2020/2045(INI)
7. Considers that the Bêkou Trust Fund has proven its value as an important toolcontributed to address the post- conflict situation in the Central African Republic (CAR); notes that the EUTF made a major contribution to the nexus approach of development and humanitarian needs in the CAR;
Amendment 99 #
2020/2045(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 100 #
2020/2045(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Considers that despite the intervention of the EU and other donors, the situation in the country remains unstable due to the emergence of new conflicts and severe food insecurity;
Amendment 108 #
2020/2045(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the importance of ensuring that humanitarian objectives and principles are met and respected in the implementation of actions under the Trust Fund; recalls that the Trust funds’ objectives should be aligned with those of the Union instruments from which they are funded and, therefore, projects funded under the Madad Trust Fund should promote and protect dignity, human rights and fundamental freedoms, promote social and economic inclusion, in particular of minorities and vulnerable groups such as persons with disabilities, refugees and displaced persons;
Amendment 110 #
2020/2045(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Recalls the vulnerability of the Palestine refugee communities in Syria and the region, and calls for continuous support and to their inclusion in EU’s humanitarian plans and responses around the Syria crisis;
Amendment 114 #
2020/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the Trust Fund for Africa represents an importantshould have represented, under the current circumstances, a tool to provide a swift, flexible and targeted response to emerging challenges and underlines that common, global challenges, such as migration and forced displacement, the impact of climate change and economic crises in the context of the ongoing COVID-19 pandemic, make this flexibility and rapidity more necessary than ever; stresses, however, that flexibility needs to be always combined with full transparency and accountability of the decision-making process and underlines that focusing priorities on stopping migration flows has led to dangerous perverse effects and a substantial shift away from the original objectives of reducing poverty and tackling the root causes of migration;
Amendment 124 #
2020/2045(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that the EUTF for Africa has contributed toidentified the goal of the triple humanitarian-development-peace nexus approach, which was not possible with the EU financial instruments under the previous MFF; notes however that this nexus has often been contradicted and overcome by partnership agreements with actors allegedly responsible for violations of human rights, including training of armed forces and border guards and provision of equipment;
Amendment 129 #
2020/2045(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 132 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 139 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Is deeply concerned that the need to address the root causes of migration, which includes prioritising development and anti-poverty policies, has often been overtaken by a short term perspective of migration management driven by domestic policy priorities. Considers that this could lead to dangerous perverse effects, including violation of human rights in the context of project implementation. Criticizes the nature of certain projects related to migration and border management, for which adequate information has not been provided to the Parliament and retains it essential to have more precise explanation about suspected human rights violations linked to the EUTF in Libya, Ethiopia and Niger;
Amendment 140 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Strongly underlines that funds from the European Development Fund (EDF) and Official Development Assistance (ODA) sources must be devoted to the economic, human and social development of the host country, with particular focus on the development challenges identified in the Trust Fund decision; recalls that funding of the EUTF must be implemented and evaluated on the basis of ODA criteria and that all expenses falling outside this requirement have to be funded from different sources that are pooled in the Trust Fund; stresses, in this regard, the importance of pooling resources from diverse and multiple sources and donors, and recalls that leveraging is one of the foremost reasons for the creation of this instrument devoted to such different and heterogeneous ends; condemns any use of EDF and ODA funds for migration management and control or any other actions without development objectives;
Amendment 141 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Deplores that in several projects, founded under the EUTF Africa, the reduction of migration flows, rather than poverty reduction, has been mentioned as an indicator of success. Stresses that there has been a dangerous shift in priorities away from development policies and considers that this shift risks producing imbalances between countries according to their role in managing migration and readmissions;
Amendment 142 #
2020/2045(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15 e. Notes that in some countries the approval of development projects has taken place in parallel with, and conditional upon, progress in negotiations on return and readmission agreements and strict management of migration flows; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action to address the needs of people in developing countries, the rights of refugees and migrants, and thus also undermines a wide range of rights under the Sustainable Development Goals and moves away from the objectives of tackling inequality and exclusion, promoting democratic governance and human rights, and enhancing sustainable and inclusive development; rejects any kind of conditionality based on EU’s migration and border policies;
Amendment 146 #
2020/2045(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the EUTF for Africa made a major contribution to strengthening resilience and implementing the humanitarian-development nexus in fragile contexts; notes further that it also fostered cooperation between different stakeholders, and allowed contributions from non-EU donors, which in the post- Brexit context have acquired particular importance, and increased the visibility of the issue of migration and forced displacement and the EU’s response to it; regrets at the same time that the monitoring of the implementation of this fund has not been adequate and requests to include S.M.A.R.T. (Specific, Measurable, Achievable, Realistic and Timely) objectives in the project long frames, as well as establish quantifiable targets for evaluating projects;
Amendment 148 #
2020/2045(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Denounces the continuing and impressive human rights violations taking place in Libya in the context of the integrated border management actions; underlines that the Libyan Coast Guard regularly continues to be responsible for serious violations of the human rights of migrants, including failure to respect the principle of non-refoulement; stresses that many of the people rescued or intercepted by the coastguard are returned to arbitrary detention in horrendous and shameful conditions in Libya; underlines that in the context of the Emergency Transit Mechanism there are serious concerns to facilitate the return of refugees to countries in which they are not safe, in violation of the 1951 Convention Relating to the Status of Refugees. Deplores that the EUTF for Africa funded such activities and calls the Commission to suspend this program until there is a real and objective assessment on respect for human rights;
Amendment 151 #
2020/2045(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Welcomes the proposal by the Commission to de-commit funds originating from the EUTF for Africa initially allocated to Eritrea, in particular for the procurement for road renovation that used forced labour;
Amendment 159 #
2020/2045(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Reminds that the EUTF for Colombia is established under the Development Cooperation Instrument, and must be aligned to the primary objective of the development policy of the European Union, which remains “the fight against poverty”; stresses furthermore that the respect for human rights, fundamental freedoms, the promotion of the rule of law, democratic principles, transparency, good governance, peace and stability and gender equality, are essential and part of the Constitutive Agreement establishing the EUTF;
Amendment 176 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Regrets the lack of a proper EU responsibility in managing the migration flows and the externalisation of migration management to Turkey; retains that FRT has been established despite the existence of serious concerns about the human rights situation of refugees in Turkey from the perspective of international asylum law; is aware about the role played by FRT in providing support to some 1.8 million of refugees through basic needs support, 668,900 refugee children with educational support, and millions of refugees with healthcare and protection services; expresses its support to Turkish civil society and recalls the laudable efforts played by international organisations in implementing these projects. Considers it important to continue to ensure adequate support for refugees, avoiding that the Turkish government is directly involved in the management and allocation of funds;
Amendment 182 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Expresses concerns regarding the degradation of human rights, democratic principles and the rule of law in Turkey and calls on the Commission to ensure that the objectives and the implementation of the FRT are consistent with the EU’s general principles, policies and objectives, including democracy, rule of law and human rights;
Amendment 183 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21 c. Deeply regrets that in several occasions the Turkish government used the flows of refugees and the situation of migrants at EU borders as a tool of political pressure against the EU; notes with concern that this tool of pressure used by Turkey posed at risks lives and health of migrants and most vulnerable persons;
Amendment 184 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21 d. Recalls the importance of a human, solidary and responsible approach towards the refugees and the migration flows; expresses serious concerns for several cases of expulsion and return of migrants and refugees; reminds that no EU funds should facilitate directly or indirectly any forced returns;
Amendment 186 #
2020/2045(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border, and that it not use the flows of refugees against the EUExpresses its concern about the legal status of Syrian refugees in Turkey, stresses the urgency to ensure that the human rights of migrants and refugees as guaranteed by the 1951 Refugee Convention are fully respected and reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border. Calls the Turkish authorities to lift Turkey’s geographical limitation to the 1951 Refugee Convention so that Syrians can be recognised as refugees;
Amendment 202 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Underlines the need to safeguard the humanitarian principles given the involvement of humanitarian aid in the FRT; considers that a strong role of Turkey therein challenges the purely needs-based character and the principles of neutrality, independence and impartiality;
Amendment 206 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Considers that a protracted presence of refugees in Turkey needs to build up a nexus between humanitarian assistance and a more developmental focus and help create livelihood opportunities for refugees to improve their self-reliance and social inclusion into their host communities;
Amendment 207 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Regrets that the EU-Turkey statement on refugees is a “de facto” readmission agreement concluded by the EU that has been presented as a statement in order to bypass the legal procedures on the conclusion of readmission agreements set in article79(3) TFEU and the obligation of obtaining prior consent of the EP as required by Article 218 (6)(a)(v) TFEU;
Amendment 208 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22 d. Notes that FRT supports only registered refugees, expresses its concerns that many refugees have been left without assistance since registration was made difficult in some provinces and cities;
Amendment 209 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22 e. Underlines that the European Court of Auditors Special report No 27/2018 expresses just a partial satisfaction with the efficiency of the humanitarian projects financed by the Facility since they did not consistently and comprehensively assess the reasonableness of the budgeted costs. The report also raises concern about the fact that is not possible to monitor all the humanitarian projects during the audit due to the Turkish authorities’ refusal to grant access to beneficiary data for some of the cash-assistance projects;
Amendment 210 #
2020/2045(INI)
Motion for a resolution
Paragraph 22 f (new)
Paragraph 22 f (new)
22 f. Requests therefore the Commission to improve monitoring and reporting, by demanding Turkish authorities to grant implementing partners of cash assistance full access to the data on eligible beneficiaries for the sake of accountability, as well as to set parameters to avoid double-funding for the sake of efficiency, as underlined by the European Court of Auditors Special report No 27/2018;
Amendment 218 #
2020/2045(INI)
23. Underlines the necessity of better addressing the funding needs in situations of humanitarian and protracted crisis and with a view to the coordination and transition between humanitarian relief, reconstruction and development in a flexible and interconnected manner;
Amendment 229 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Underlines that any partnership agreement should ensure full protection of human lives, dignity and human rights; deplores that these minimum guarantees were not effectively respected and that migrants and refugees often face inhumane conditions of transfer and detention; calls on the Commission to ensure a transparent risk assessment, carried out by independent EU-bodies and experts on the impact of EU-funded projects on the human rights of migrants and refugees, as well as on the wider population in the country concerned; calls for the establishment of an effective and independent monitoring mechanisms to fully monitor and evaluate the final destination of these funds and protocols for action in the event of violations of fundamental rights;
Amendment 234 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Calls on the Commission to withhold or review the cooperation with third countries that do not fully respect fundamental rights, including suspending specific funding and projects which endanger or undermine human rights;
Amendment 235 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Reminds that a trust fund shall only be established and implemented when the existing financing instruments would not be sufficient to achieve policy objectives of the Union, when the Union trust fund would bring clear political visibility for the Union and managerial advantages as well as better control by the Union of risks and disbursements of the Union and other donors’ contributions, when the Union trust fund does not duplicate other existing funding channels or similar instruments without providing any additionality and when the objectives of the trust fund are aligned with the objectives of the Union instrument or budgetary item from which it is funded;
Amendment 236 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24 d. Insists that the contribution mechanism to any EUTF or ad hoc instrument should be prepared and negotiated with the full involvement of the European Parliament and the contribution from the Union budget should be clearly defined;
Amendment 237 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24 e. Underlines the need to increase the impact and visibility of EU external spending;
Amendment 238 #
2020/2045(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24 f. Calls on the Commission to make the best use of the lessons learnt with the existing EUTFs and the FRT to enhance the synergies and ensure coherence between the EU external funding instruments;
Amendment 255 #
2020/2045(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is confident that the NDICI-Global Europe will allow for increasedsufficient flexibility and responsiveness, allowing to evaluate, with to continue the activities of the existing Trust Funds and thereby safeguard the unhe full involvement of the Parliament, which activities of the existing Trust Funds should continue and which ones should be replaced and thereby safeguard the unity and democratic accountability of the Union budget;
Amendment 266 #
2020/2045(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. In the event of greater needs in the MFF 2021-2027, advocates that the first and main solution to be explored should be through the EU programmes by increasing the NDICI-Global Europe envelope through a revision of the MFF and the NDICI-Global Europe regulations, or as a secondary option and under the condition that the Parliament is fully involved in the decision-making process and endowed with the proper scrutiny power, a strengthening of the relevant NDICI-Global Europe budget lines with contributions in the form of external assigned revenue; stresses that, should a need for a duly justified new Trust Fund nevertheless arise, it insists that Parliament must be fully involved from the very outset;
Amendment 267 #
2020/2045(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls for more transparency and accountability and a better involvement of the Parliament in the Union trust funds, from the deliberations on the setting-up of any trust fund, the drawing up of the constitutive agreement and the mobilisation of the Union’s contribution, to the implementation, continuation and possible liquidation of any trust fund; calls for a revision of the relevant articles of the Financial Regulation in this respect;
Amendment 272 #
2020/2045(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Considers that partnerships and consequent allocations of resources should not be conditional on the cooperation with the EU’s demands regarding returns and readmission or border management; insists that the EU should work with its partners to develop a political environment of democratic accountability, with the participation of local communities in decision-making processes regarding the use of funds;
Amendment 282 #
2020/2045(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that cooperation with representatives of local communities, including locallocal communities and stakeholders, including local government bodies, civil society organisations, NGOs, trade unions and religious leaders, in settings affected by conflict is crucial to foster reconciliation, dialogue and peace;
Amendment 30 #
2020/2042(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas climate change is affecting enjoyment of basic human rights;
Amendment 112 #
2020/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the ruling of the UN Human Rights Committee of 20 January 2020, which statesing that countries may not deport individuals facingwho face climate change- induced conditions that violate the right to life, thus evoking non-refoulement obligations and declaring that inaction in the face of global warming can lead to violations of human rights; calls on the Member States to consider the risk of violations of the right to life due to climate change as part of their return decisions, notably triggering non- refoulement obligations;
Amendment 126 #
2020/2042(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that women and minors are most vulnerable populations in the face of disasters and climate change;
Amendment 128 #
2020/2042(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the Commission to mainstream gender equality and climate justice in the elaboration and implementation of all policies that have impact on the situation of women and girls;
Amendment 129 #
2020/2042(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Reminds the Commission to ensure coherent implementation of international existing and future instruments, in particular the Paris Agreement and Agenda 2030 for Sustainable Development to take into account the internal and external impact of the EU;
Amendment 130 #
2020/2042(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Underlines that the European Union´s global engagement - both in terms of climate policy and migration displacement policy - has significantly expanded and is set to become yet more important in the context of geopolitical shifts;
Amendment 131 #
2020/2042(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Highlights that environmental change and migration is addressed in its civil protection, humanitarian aid and development policies; stresses, however, that in the context of policies on international protection, no concrete initiatives to date have addressed the protection needs of people affected by environmental change, and specifically environmental - and other - disasters, as according to the prevailing interpretation of the 1951 Refugee Convention, displacement based on environmental reasons alone does not meet the requirement for refugee protection; notes that, within the EU, complementary forms of protection deriving from the Qualification Directive and the Temporary Protection Directive, as well as protection from non-refoulement under the Return Directive, could provide protection alternatives; deplores, however, that all of those instruments reveal deficiencies in the protection of environmentally displaced persons.
Amendment 1 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that Europe and Africa are in close geographical proximity, have strong, historical and, cultural ties andand socio- economic ties, which are being brought ever closer by the increase in strade and shared challengestegic interests, such as climate change, sustainable development, and good governance, and that the prosperity of the two continents are intimately linked, which call for an holistic continental- African approach and result-oriented use of EU resourcfor increased coherence between EU policies and the use of the related resources, while at the same time respecting the independence and sovereignty of African countries;
Amendment 1 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the particularly close historical ties binding the European Union (EU) and Africa, and the EU’s major contribution both in terms of development aid1 and in the smooth functioning of the Afat an equal and sustainable cooperation based on political dialogue, joint ownership, solidarity and mutual confidence is paramount for tackling common challenges and achieving shared goal. Recalls that the EU is the world’s leading donor of development and humanitarican Union (AU)2; _________________ 1 EUR 19.6 billion, 46%aid and that the Union's action ofn the overall total (2018)https://ec.europa.eu/commission/pr esscorner/detail/en/qanda_20_375 2USD 327 million, 42% of its budget, E- 003478/2018international scene shall be guided by the principles of democracy, the rule of law, respects of human rights, the principles of equality and solidarity;
Amendment 11 #
2020/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates the importance to respect human rights and fundamental freedoms and the principles of Article 21 of the Treaty on the Functioning of the European Union (TFEU); calls for the African Union, the European Union and their member states, for a more robust cooperation in the fields of the promotion and protection of human rights, and human rights defenders, and to deliver full political and financial support to their respective human rights mechanisms;
Amendment 15 #
2020/2041(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that it is important to step up synergies and coherence between all the legal and political frameworks on which EU-Africa relations are based on in order to make the partnership more effective and sustainable; welcomes the proposal for a pan-African programme in the context of the new Neighbourhood, Development and International Cooperation Instrument (NDICI) aimed at addressing the challenges of the African continent as a whole;
Amendment 15 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecognises that corruption is a complex global phenomenon which hampers efforts aimed at promoting democratic governance, socio-economic transformation, sustainable development, peace and security and may lead to many human rights violations; calls for the strengthening of efforts to combat corruption and staggering inequalities – constituting as it does a major obstacle to effective development, preventing Africa’s peoples from fully benefiting from the effects of joint EU-AU policies – to be taken into account in the comprehensive strategy with Africa; recommends EU and AU to better implement and enforce the existing national and international anti- corruption instruments and to make use of new technologies and digital services; highlights that the fight against corruption should also include measures to fight money-laundering, tax evasion and illicit financial flows;
Amendment 20 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the process of sustainable development on the African continent is of key importance for the prosperity, stability and human security of both the EU and Africa; in this context recalls that the achievement of Sustainable Development Goals (SDGs) and the respect of human rights have to remain the main objectives of EU-African relations;
Amendment 20 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 31 #
2020/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that managing migration and mobility within Africa and between Africa and EU requires a common approach that must be founded on the principles of solidarity, partnership, shared responsibility and mutual accountability and guided by the respect for human rights and international and maritime law. This approach should also include common strategies to address and effectively tackle the root causes of forced displacement and migration; calls on the EU to further develop an effective resettlement policy and to Member States to make all the necessary efforts to offer their resettlement places to a meaningful number of refugees.
Amendment 41 #
2020/2041(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 49 #
2020/2041(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the need to guarantee fair and accessible asylum procedures for people in need of international protection both in the EU and in African countries; recalls that mass expulsions and refoulement are prohibited under EU and international law principles; emphasises that returns should only be carried out safely after the assessment of each individual case and the undertaking of complaints procedure and that voluntary returns should always be prioritised over forced returns.
Amendment 56 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the digitisation and modernisation of public administration in African countries, in particular with a view to developing reliable civil registration agencies andproviding for equal access and equal opportunities for all citizens, thus stabilising democracy; calls for the strengthening of efforts to promoting data exchange so as to combat terrorism, transnational and organised crime;, including cybercrime and trafficking in human beings; all data exchanged must be subject to relevant data protection and privacy laws
Amendment 57 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that Africa is still undergomaking steps forward ing the process of integration at regional, continental and international level and that as yet 54 African; therefore stresses the need for a countries remain divided and diversified in areas of key strategic importance to the EU, such as meeting internationally recognised standardinent-to-continent partnership between the European Union and the African Union; stresses that the partnership should be based on common interests and praobjecticves in trade, human rights, sustainable development and positioning in international organisations; ; recalls that developing this EU-AU partnership would enable further regionalisation and should be considered as an option for ACP relations post-Cotonou;
Amendment 66 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes Africa’s sustained economic growth; calls, therefore, on the AU to do its utmost to guarantee a decent future for its young people, the main driving force behind the continent’s development4 , and thus to contribute to stopping the arrival of unaccompanied minors in Europe and to cooperate in readmitting those eligible for return; _________________ 4 62% of sub-Saharan Africa’s population is under 25 years of age https://population.un.org/wpp/Publications/ Files/WPP2019_Highlights.pdf
Amendment 74 #
2020/2041(INI)
5a. Emphasises the pivotal role played by civil society, worldwide in supporting democracy and consolidating the political dialogue; stresses the need to increase the participation of civil society organisation - including NGOs in the EU-Africa Strategy process.
Amendment 77 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 9 March 2020 entitled ‘Towards a comprehensive strategy with Africa’ (JOIN(2020)0004); which underlines the universality, indivisibility, interdependence and interrelated nature of all human rights and affirms EU and African commitments to promote and protect them; calls for strong and constant EU engagement in thehuman security, stability and sustainable development of Africa; stresses the importance of including the principles of transparency and good governance in the EU-Africa Strategy and its planning, implementation and evaluation;
Amendment 84 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the security and interests of bothe European and African continent and itstheir citizens to be taken into account.
Amendment 87 #
2020/2041(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of a true inclusion of international and local civil society organisations, non-governmental organisations (NGOs), parliamentary assemblies, the diaspora, trade unions, youth organisations, the private sector and local authorities in consolidating the political dialogue between the EU and Africa; calls on the AU and the EU to ensure unfettered civil society access to African and European institutions and their human rights mechanisms; further insists on the importance of creating an enabling environment for civil society and addressing an increasing crackdown on human rights defenders;
Amendment 94 #
2020/2041(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the AU and the EU’s joint commitment to collaborate on the global human rights agenda; calls on AU and EU institutions to prioritise cooperation at multilateral human rights fora and to act robustly in defence of crucial human rights gains at multilateral level; to this end, calls them to develop concrete strategies to counter the recent pushback on existing human rights norms at multilateral fora, including the universality and indivisibility of human rights; reminds EU and AU member states that they must deliver full political and financial support to their respective human rights mechanisms and ensure these, together with a strong and independent civil society, can guarantee delivery and further progress on human rights for all in Africa and Europe;
Amendment 144 #
2020/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Shares the opinion that the matter of the security of Africa should be transferred into the handsAfrican states and regional institutions must have the leading role in matters relating to the security of Africans and that the EU should assissupport its African partners in the successful accomplishment of this ultimate goal., by tackling the root causes of human insecurity, as well as including by implementing a conflict prevention, do no harm and policy coherence approach in all aspects of its relationship with Africa, and by supporting the role of civil society actors in peacekeeping and peace- building efforts;
Amendment 161 #
2020/2041(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls, in the context of counter- terrorism policies, on the establishment of more transparent decision-making processes, increased general awareness about a human rights-based approach and more engagement with communities affected by these measures;
Amendment 164 #
2020/2041(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recognises the complex challenges and opportunities migration movements play both in Europe and Africa for the prosperity and the development of both continents; calls on the AU, the EU and their member states to adopt an approach to migration policies that puts human rights of refugees and migrants at their heart; calls them to ensure AU-EU migration related cooperation promotes human rights and the respect of international commitments, including by expanding and promoting legal pathways to Europe and within Africa; secure and promote the asylum space and rights- based migration in both EU and AU countries through legislative and policy reforms, including establishing greater transparency and accountability in migration related programmes and funding;
Amendment 170 #
2020/2041(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Rejects any kind of conditionality on External Financial Instruments(EFIs) based on EU’s migration and border policies; is opposed to EFIs being used to control and manage migration flows in Africa and calls for effective mechanisms to be put in place to be able to thoroughly control the final destination of those funds and to assess the projects which received funding;
Amendment 14 #
2020/2029(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Directive 2011/93/EU of the European Parliament and of the Council of13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision2004/68/JHA,
Amendment 55 #
2020/2029(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there are many forms of trafficking, but they are all based on the abuse of the inherent vulnerability of the victims and aimed at the exploitation of human beings;
Amendment 65 #
2020/2029(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. Whereas trafficking is a highly gendered phenomenon and sexual exploitation remains the most prevalent form of trafficking in the EU since 2008;
Amendment 70 #
2020/2029(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas societal tolerance of gender inequality and violence against women and girls and the lack of public awareness of the issues surrounding THB perpetuate a permissive environment for THB and a culture of impunity;
Amendment 80 #
2020/2029(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas trafficking in human beings is a complex transnational phenomenon that can be tackled effectively only if the EU institutions, Member States and international organisations work together in a coordinated manner;
Amendment 85 #
2020/2029(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas THB is a crime driven by high demand and profits, estimated at of EUR 29,4 billion a year, according to Europol; whereas differences between legislation in Member States greatly facilitate the activities of organised crime, there is still too low risk of prosecution and a high level of impunity and the sanctions applied to deter this crime are inadequate in comparison with the high profits;
Amendment 87 #
2020/2029(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Whereas law enforcement authorities in the EU have witnessed a considerable increase in intra-EU trafficking and that nearly half (49%) of all victims of trafficking in the EU are EU citizens and more than one third (27%) of all EU victims are trafficked internally within one’s own country;
Amendment 104 #
2020/2029(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of the funding of the Asylum, Migration and Integration Fund (AMIF), the Daphne Program and Internal Security Fund (ISF) programmes to continue to be used for projects tackling THB, as well as using other available instruments, such as the Rights, Equality and Citizenship Programme, EMPACT actions, EU-UN Spotlight Initiative, the EU Trust Fund for Africa, Glo.Act Initiative, the Development Cooperation Instrument and the European Development Fund;
Amendment 141 #
2020/2029(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to monitor the use of digital technologies, internet and social media for THB as the predominant tools used to recruit trafficking victims and to regulate third party responsibility for technology companies hosting exploitative materials;
Amendment 163 #
2020/2029(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on all Member States to ensure that early expert legal intervention and advice is provided to potential victims of THB at the earliest possible moment, including accessible information about their legal rights and options;
Amendment 191 #
2020/2029(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that while the full impact of the COVID-19 pandemic is not yet measureable, it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of THB, especially women and children; calls on Member states to ensure effective functioning of NRMs and equivalent systems and that they should be updated to respond to emerging THB trends during the COVID- 19 pandemic;
Amendment 220 #
2020/2029(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Member States to ensure gender-specific provision of services and supports to victims of THB that is appropriate to their needs, recognizing any needs that may be specific to the form of trafficking to which they have been subjected; Calls on the Member States to address the needs of LGBTI people, as they are highly vulnerable to THB due to the cumulative effect of different types of discrimination on the grounds of sexual orientation and gender identity;
Amendment 293 #
2020/2029(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Member States to adopt comprehensive sexuality education as a key form of prevention of all forms of violence against women and girls including trafficking and sexual exploitation, to include consent and relationships education promoting healthy attitudes of respect and equality in all interactions and the reality of prostitution and THB for sexual exploitation;
Amendment 352 #
2020/2029(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points to the need to set up national mechanisms for data collection on THB victims in international protection procedures to be able to ensure follow up on identified cases;
Amendment 355 #
2020/2029(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on Member states to extend the International Protection granted to victims of human trafficking to their family members after having assessed the potential involvement of these relatives in the trafficking process;
Amendment 356 #
2020/2029(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on Member states to swift procedures of family reunification of those family members of the victims at risk in the country of origin;
Amendment 357 #
2020/2029(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Is concerned that the recovery and reflection period is linked to cooperation by the victim during the investigation and is granted by law enforcement agencies; deplores that the period does not apply to EU/EEA nationals nor to asylum seekers; calls on the Commission to monitor the implementation of available legal solutions at Member states level, in particular the granting of a recovery and reflection period;
Amendment 371 #
2020/2029(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on Member states to provide more safe and legal routes for migration in order to prevent the exploitation of vulnerable individuals;
Amendment 376 #
2020/2029(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Member states to ensure strong child protection measures, presumption of childhood and child age assessment, the protection before and during criminal proceedings, access to unconditional assistance, compensation, non-punishment, assistance and support to the family member of a child victim as well as prevention;
Amendment 377 #
2020/2029(INI)
26. Calls on the Member States to focus on identifying child victims and helping them to avail themselves of their rights; recalls the obligation of Member States to pay special attention to child victims of trafficking and to provide special protection to children in criminal procedures, with the best interests of the child being considered paramount at all times; emphasises the need for guardians, including temporary guardians as an emergency measure, to be appointed immediately for child victims;
Amendment 391 #
2020/2029(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes with high concern the prevalence of child sexual abuse and normalisation of trafficking and sexual exploitation of children, and calls for the regulation of pornographic sites and hosting platforms to ensure full prevention of the risk of such materials becoming available and normalized;
Amendment 437 #
2020/2029(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of financial investigation and ‘following the money’ as a key strategy for investigating and prosecuting the organised crime networks that profit from THB; calls on the Commission to assess and promote the use of existing judicial and police cooperation, and the available toolsMember States to launch financial investigations and work with money laundering specialists when starting a new trafficking investigation; calls on Member States to strengthen cooperation in freezing and confiscating the assets of individuals involved in trafficking and providing compensation to victims; calls on the Commission to assess and promote the use of existing judicial and police cooperation, and the available tools, such as mutual recognition of court judgments, joint investigation teams and the European investigation order;
Amendment 453 #
2020/2029(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the role of EU agencies in the early identification of victims and the fight against THB; calls for more resources for the Justice and Home Affairs (JHA) Agencies to enable their staff to be trained and capacity-building instruments to be developed in the area of detecting victims, including the appointment of gender- trained agency officers, especially in the Member States faced with increased mixed migratory flows; calls on the Commission to develop guidelines to mainstream gender expertise in the activities of law enforcement authorities across the EU, including by developing sustained programs of improving gender balance in decision-making processes and in the staff of the JHA agencies relevant to trafficking;
Amendment 461 #
2020/2029(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Encourages Member States to increase exchange of data and information by using Europol’s resources and databases such AP Phoenix, AP Migrant Smuggling and AP Twins;
Amendment 476 #
2020/2029(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to review implementation of the Anti-Trafficking Directive by Member States and introduce infringement procedures where there has been a lack of effective implementation;
Amendment 487 #
2020/2029(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the Commission to review the application of Directive 2004/81/EC on granting residence permits to victims of trafficking who are third country nationals ensuring that victims are not returned upon expiry of reflection period, calls on the Member States to grant that the unconditional access to assistance and support mandated by Directive2011/36/EU is reconciled with Directive 2004/81/EC and its application; calls on the Commission to review Directive 2004/81/EC to ensure that residence permits for trafficked persons are not made conditional to the participation or willingness to participate of the trafficked person in the investigation or criminal proceedings of the case;
Amendment 14 #
2020/2004(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Amendment 75 #
2020/2004(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(q a) welcome the initiative undertaken by a majority of NPT State Parties to strengthen multilateral approaches to nuclear non-proliferation and disarmament by adopting the 2017 UN Treaty on the Prohibition of Nuclear Weapons (TPNW), unequivocally stigmatising the last weapons of mass destruction not yet prohibited under international law;
Amendment 76 #
2020/2004(INI)
Motion for a resolution
Paragraph 1 – point q b (new)
Paragraph 1 – point q b (new)
(q b) highlight the complementary nature of the nuclear weapon prohibition treaty, as foreseen by Article 6 of the NPT; note in particular that stigmatising nuclear weapons will contribute both to disarmament and to non-proliferation efforts;
Amendment 77 #
2020/2004(INI)
(q c) look forward to entry into force of the TPNW as soon as the 50th ratification instrument is deposited at the United Nations, ensuring the prohibition under international law of all weapons of mass destruction;
Amendment 78 #
2020/2004(INI)
Motion for a resolution
Paragraph 1 – point q d (new)
Paragraph 1 – point q d (new)
(q d) consider to position itself vis-a-vis the TPNW and its objectives and to look into the arguments that led to its establishment such as the humanitarian consequences of nuclear detonations and other risks associated with the possession of such weapons of mass destruction;
Amendment 80 #
2020/2004(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
Amendment 11 #
2020/2003(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the UN Sustainable Development Goal 16, aiming at the promotion of peaceful and inclusive societies for sustainable development 14a _________________ 14a https://sustainabledevelopment.un.org/sdg 16
Amendment 22 #
2020/2003(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a new arms race in the world is growing and the major military powers no longer rely on arms control and disarmament to reduce international tensions and improve the global security environment;
Amendment 27 #
2020/2003(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas in an increasingly unstable multipolar world, where nationalist, xenophobic and anti- democratic forces are on the rise, it is vital for the European Union to become an influential player on the world stage and to keep its leading role as a global “soft power” committed to the disarmament of conventional and nuclear weapons, investing in conflict prevention, crisis management and mediation before military options are considered;
Amendment 33 #
2020/2003(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 36 #
2020/2003(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas military transparency measures such as reporting on arms export contributes to cross-border trust- building;
Amendment 65 #
2020/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that Member States use very different information in order to generate data on the value of licences, which renders the annual report considerably less consistent and usable as a comparative data set and serves to diminish its transparency and accountability before citizens and parliaments; urges France, in particular, to refrain from submitting data on the value of licences at pre-contract stage and broad values for global licences, which undermines the comparability of the report;
Amendment 82 #
2020/2003(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the renewed extension of the moratorium on arms exports towards Saudi Arabia by Germany until the end of 2020 as well as the decisions by several Member States to enforce full restrictions when it comes to arms exports towards Saudi Arabia; reiterates its call of 13 September 2017 regarding the urgent need to impose an arms embargo on Saudi Arabia;
Amendment 86 #
2020/2003(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Condemns the increasing arms race in the world and calls on the world major military powers, largest producers and exporters of weapons to foster dialogue, multilateralism and disarmament of conventional and nuclear weapons;
Amendment 88 #
2020/2003(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 127 #
2020/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that the ambition to increase the competitiveness of the European defence sector must not undermine the application of the Common Position’s eight criteria as they take precedence over any economic social, commercial or industrial interests of Member States;
Amendment 128 #
2020/2003(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Emphasises that arms exports must not be carried out for economic reasons but for foreign and security policy objectives. Respect for human rights, good governance and the prohibition on supplying arms to conflict regions are essential in the case of granting export licences. Arms exports have to be assessed against the sustainable development of a country;
Amendment 141 #
2020/2003(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcomes the EU activities aiming at supporting the universalisation of the Arms Trade Treaty(ATT), in particular the assistance to third countries in improving and implementing effective arms control systems in line with the Common Position; calls the major arms exporting countries, such as the USA, China and Russia, to sign and ratify the Treaty;
Amendment 185 #
2020/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that under the EPF, Member States and the European External Action Service (EEAS) will work on creating an EU-level system for arms transfers to third countries; asks for a detailed list of equipment transferred to third countries under the Facility to be published;
Amendment 216 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point a
Paragraph 19 – point a
a) to add the following additional categories in a revised reporting template in order to implement the recent September 2019 Council conclusions: the exact type of weapon and the quantity exported, denomination of the munitions, the lot size and the specific end-user, revoked licences, and the value and duration of contracts regarding post-delivery services such as training and maintenance; to align the EU definition of small arms with the broader UN definition so that, for example, pistols and sniper rifles are also included in this category;
Amendment 222 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point c
Paragraph 19 – point c
c) to clarify definitions such as licensed value and actual exports so as to facilitate the comparability of data between Member States; Licences for production in third countries should no longer be granted if this would allow the eight criteria of the Common Position or other EU arms export directives to be circumvented;
Amendment 225 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point c a (new)
Paragraph 19 – point c a (new)
c a) to extend the post-shipment controls to all arms exports, including large military equipment; Member States are to submit a regular post-shipment report;
Amendment 248 #
2020/2003(INI)
Motion for a resolution
Paragraph 21 – point b
Paragraph 21 – point b
b) to follow the example of the UK in this regard by publishing risk assessments in the annual reports; and to publish all final arms export licences on the Internet; the validity of export licences should be limited to two years in order to be able to react to changing political situations;
Amendment 253 #
2020/2003(INI)
Motion for a resolution
Paragraph 21 – point c
Paragraph 21 – point c
c) to undertake a joint assessment of country situations or potential export recipients in the light of the principles and criteria of the Common Position within the framework of the CFSP and in consultation with external stakeholders, including Parliament; to regularly update list of third countries complying with the criteria as led down in the Common Position;
Amendment 260 #
2020/2003(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the EU institutions should organise peer reviews with a view to encouraging authorities to share best practices on the collection and processing of data, fostering a better understanding of different national approaches, identifying differences as regards the interpretation of the eight criteria, and discussing ways to improve harmonisation and consistency;
Amendment 266 #
2020/2003(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Strongly believes that a more consistent implementation of the EU Common Position is essential for the EU credibility as a value-based global actor and that much higher level of convergence as regards the strict application of the criteria will strengthen human rights, international law and the CFSP, and bolster the EU’s strategic security interests and strategic autonomy;
Amendment 276 #
2020/2003(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that effective end-use controls are crucial for a responsible export policy and for lowering the risk of diversion in particular; calls on the Council, the Member States, the EEAS and the Commission to set up a large-scale training and capacity-building programme for national and EU officials on arms export controls; stresses the need to use EU funding to ensure that sufficient staff resources are available at national and EU levels and at delegations and embassies in importing countries for the purposes of implementing viable end-use controlrisk assessments, end-use controls and post-shipment verifications; calls on the EEAS and COARM to report on iTrace any identified diversion of EU- origin goods as part of the annual report;
Amendment 284 #
2020/2003(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that the increasing Europeanisation of arms production, the recent Council conclusions on convergence in arms exports and the establishment of the EPF should be complemented by a mechanism for EU-level monitoring and control based on strict compliance with the eight criteria; calls on steps to be taken for the setting-up of an EU mechanism of sanctions for Member States infringing the Common Position;
Amendment 290 #
2020/2003(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that “pooling and sharing” and more cooperation in arms policy and procurement policy are only possible if strict export controls, mutual information and regular parliamentary scrutiny, as well as strong sanction mechanisms in the event of non- compliance with common rules, are binding. Further demands that the European Parliament - alongside the national parliaments - be able to guarantee parliamentary control over the EU’s common security and defence policy and its budget;
Amendment 298 #
2020/2003(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers that regular consultations with the European Parliament, national parliaments, arms export control authorities, industry associations and civil society are central to meaningful transparency; calls on national parliaments to exchange best reporting and oversight practices in order to enhance the scrutinising role of all national parliaments in the decisions on arms control exports; calls on COARM to enhance dialogue with civil society and consultations with Parliament and arms export control authorities; encourages civil society and academia to exercise independent scrutiny of the arms trade and calls on the Member States and the EEAS to support such activities, including by financial means;
Amendment 13 #
2020/2002(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the United Nations Sustainable Development Goals, and with special attention to SDG 16, aiming at the promotion of peaceful and inclusive societies for sustainable development,
Amendment 16 #
2020/2002(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the United Nations Secretary General’s appeal for a global ceasefire in the context of the Covid-19 pandemic,
Amendment 70 #
2020/2002(INI)
Motion for a resolution
Recital C
Recital C
C. whereas poverty and insecurity feed off each other and push young people to migrate to Europe in search of a better life, impoverishing states by depriving them of their best human resourcescombined with other factors such as bad governance, corruption and lack of employment opportunities, particularly affect young people and the possibilities given to them, thus pushing many to migrate;
Amendment 138 #
2020/2002(INI)
Motion for a resolution
Recital J
Recital J
J. whereas after years of involvement in the above-mentioned civil and military missions, the general situation has become worse and worsenot improved significantly and a new and comprehensive strategy therefore needs to be implemented;
Amendment 171 #
2020/2002(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the European Union must coordinate the development and, security and humanitarian initiatives in which it is involved as part of an integrated strategy; considers that the African Union and African States from the region are key partners with which the EU is meaningfully engaged in order to jointly achieve sustainable development and human security; considers that the EU- Africa security cooperation must be based on human rights and humanitarian law and must respect the do-no-harm principle; considers that a security strategy for the Sahel, West Africa and Horn of Africa regions must first and foremost lie on addressing the root causes of the conflicts in the region, and notably the deep inequalities;
Amendment 236 #
2020/2002(INI)
Motion for a resolution
Paragraph 5 – point a
Paragraph 5 – point a
a) for the EU budget be large enough to effectively address the current challenges relating to training and military equipment (including weapons, munitions and transport)equipment;
Amendment 243 #
2020/2002(INI)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b) to adapt the APF in order to overcome the current limitations on the acquisition of arms and munitionsput in place the proposed European Peace Facility, with full respect for the Common Position, for Human rights and humanitarian law, and with effective transparency provisions such as the publication of a detailed list of military equipment provided to partner countries under the Facility;
Amendment 270 #
2020/2002(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends that any financing of capacity-building operations for African countries is conditional on an action plan, which includes training on security sector reform, human rights, international humanitarian law, and the rule of law, with reasonable deadlines with the possibility of further adjustments depending on the evolution of the situation;
Amendment 307 #
2020/2002(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the EU must conduct a comprehensive evaluation, and put in place proper monitoring systems and oversight, of the EUCAP Sahel Mali, EUCAP Sahel Niger, EUCAP Somalia and EUAM CAR civilian missions, adapting them to real needs in order to make them fully operational and effective;
Amendment 381 #
Amendment 386 #
2020/2002(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. States that there can be no security strategy without joint developmentsustainable development and humanitarian action;
Amendment 390 #
2020/2002(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes that the European Union should ensure that sustainable development plans are multi-sectoral and provide a global solution to the challenges of the region concerned; stresses that an integrated approach to peace, security and sustainable development requires the meaningful involvement of local civil society actors, and especially of women and young people; is of the opinion that these plans must be adopted by the administration in agreement with the local beneficiary communities and implemented with the participation of humanitarian organisations and local civil society organisations to ensure effective coordination and ownership;
Amendment 407 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point a
Paragraph 25 – point a
a) consolidating democracy by ensuring a real parliamentary system, its institutions and the rule of law, guaranteeing all civil society liberties;
Amendment 410 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point a a (new)
Paragraph 25 – point a a (new)
a a) ending conflicts and preventing their recurrence while addressing their root causes in order to achieve long lasting peace and security;
Amendment 415 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point b
Paragraph 25 – point b
b) empowering women by recognising them as agents of change and their role as the centre of gravity ofin African families andhouseholds and communities, promoting their participation in local and national institutions; and decision-making, and fostering their role in peace-building, conflict prevention and mediation;
Amendment 428 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point c
Paragraph 25 – point c
c) providing basic services such as food security, health, and education to increase people’s confidence in the stateccess to basic hygiene, social protection and education;
Amendment 434 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point d
Paragraph 25 – point d
d) ensuring administrative and legal stability and fighting poverty and corruption;
Amendment 439 #
2020/2002(INI)
Motion for a resolution
Paragraph 25 – point d b (new)
Paragraph 25 – point d b (new)
d a) fighting poverty and corruption;
Amendment 449 #
2020/2002(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Expresses its deep concern that the current security crisis in Africa could lead to a massive displacement of the population, undermining North African states and affecting Europe;
Amendment 470 #
2020/2002(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers it essential to provide extraordinary assistance to the regions concerned in view of the extraordinary challenge presented by the COVID-19 pandemic and to adapt current programmes and projects to this new challenge by demonstrating flexibility and adaptability to the situation;
Amendment 475 #
2020/2002(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that the EU, together with the International Monetary Fund and the World Bank, intervenes on a financial level to help control debt and the payment of interest; calls for all possibilities to be explored, in view of the COVID-19 pandemic and its consequences, for debt relief, debt suspension and debt sustainability for African countries;
Amendment 1 #
2019/2206(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 2, 3, 4, and 18, 19 and 47 of the Charter of Fundamental Rights of the European Union,
Amendment 7 #
2019/2206(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to Articles 2, 3, 5, 8 and 813 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 10 #
2019/2206(INI)
Motion for a resolution
Citation 12
Citation 12
— having regard to the judgements of the European Court of Human Rights related to Regulation (EU) No 604/2013, and in particular Sharifi v. Austria of 5 December 2013 (Chamber judgment), Mohammadi v. Austria of 3 July 2014 (Chamber judgment), Sharifi and Others v. Italy and Greece of 21 October 2014 (Chamber judgment), and Tarakhel v. Switzerland of 4 November 2014 (Grand Chamber judgment), and ECtHR - M.S.S. v Belgium and Greece [GC]; Application No. 30696/09, Judgement of 21 November 2011, related to Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II)
Amendment 13 #
2019/2206(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the European Parliament Resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to Migration (2015/2095(INI));
Amendment 14 #
2019/2206(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to the ECJ judgement of the 2 April 2020 on the joined cases C-715/17, C-718/17 and C- 719/17 Commission v Poland, Hungary and the Czech Republic;
Amendment 20 #
2019/2206(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 2.5 million people applied for asylum in the European Union in the period 2015-2016, a fourfold increase compared to 2012-2013714,200 asylum applications were lodged in the EU in 2019;
Amendment 32 #
2019/2206(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the criteria for establishing the responsibility of a Member State for an asylum application include, in hierarchical order, the family unit; the issuance of residence permits or visas; irregular entry or stay, and visa- waived entry; where none of those grounds applies, the Member state in which an asylum application was first made becomes the Member state responsible under Article 3(2);
Amendment 41 #
2019/2206(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in the case of most asylum applications, the set of hierarchical criteria and the deadlines laid down as part of Dublin procedures are not met and transfers are not carried out;
Amendment 43 #
2019/2206(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas studies on the implementation of the Dublin III Regulation highlight systematic disregard towards family provisions and incorrect application of the principle of the best interest of the child, which have resulted in unnecessary and unreasonable transfer procedures;
Amendment 46 #
2019/2206(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the provisions on dependent persons (article 16) and the discretionary clauses (article 17) could be widely used to support family unity;
Amendment 48 #
2019/2206(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Amendment 51 #
2019/2206(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the preventive action provision of the Dublin III Regulation (Article 33) has never been used;
Amendment 53 #
2019/2206(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Amendment 55 #
2019/2206(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas implementation of the Dublin III Regulation does not effectively address secondary movements which are largely due to asylum seekers' social- connections with specific countries, protection-based concerns, health reasons and systemic deficiencies in the asylum systems where application are made;
Amendment 56 #
2019/2206(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas Article 28 of the Dublin Regulation allows detention as an exceptional measure "to secure transfer procedures", where there is "significant risk of absconding" of the applicant; whereas this definition remains unclear and the interpretation varies from a Member State to another;
Amendment 59 #
2019/2206(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
Ch. whereas the use of detention and coercive transfers raises concerns with respect to asylum seekers' right to liberty, dignity and physical integrity;
Amendment 62 #
2019/2206(INI)
Da. whereas some of the flaws are inherent in the design of the Regulation and cannot be solved through better implementation alone;
Amendment 78 #
2019/2206(INI)
Motion for a resolution
Subheading 1
Subheading 1
Incorporating the principle of solidarity into the management of asylum seekersDublin Regulation
Amendment 79 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 98 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the Dublin System, and in particular the first country of irregular entry criterion places a significant burden on a minority of Member states;
Amendment 99 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges the EU to establish an automatic, permanent and mandatory relocation mechanism ensuring the full respect of the principle of solidarity and fair sharing of responsibility enshrined in art.80 of TFEU; including for those rescued at sea;
Amendment 109 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU levelCommon European and Asylum System; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Council;
Amendment 117 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission,mechanism for early warning, preparedness and crisis management as set out in Article 33 has not been applied to date, considers that a solidarity-based mechanism in the EU should be established to ensure continuity of the right of asylum in the EU uander the best possible conditions not to hinder arrivals and deflect responsibility; emphasizes that the protection of fundamental rights of asylum applicants should always remain at the centre of this mechanism; also notes that the provisions set out in the Temporary Protection Directive has yet to be invoked;
Amendment 124 #
2019/2206(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that such a mechanism should allow for the participation of civil society organization providing professional assistance to people in need of international protection during the assessment of their asylum application, particularly of legal nature;
Amendment 130 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to makexpand the use of the discretionary clause in Article 17 when exceptional, to address challenging situations and humanitarian circumstances so warrant,, as for example to relocate and provide decent reception conditions to asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent receptioninhumane, degrading, unsanitary and unsafe conditions;
Amendment 134 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that provisions on family unity, which are the first in the hierarchy of criteria, should be efficiently implemented, and that provisions on dependent persons (article 16) and the discretionary clauses (article 17) should be used more widely to support family unity;
Amendment 136 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. In the absence of a permanent solidarity mechanism, supports the expanded use of discretionary clauses of Article 17 as a solidarity tool for responsibility sharing in particular in situations of large number of spontaneous arrivals and in the specific context of sea arrivals and disembarkation procedures;
Amendment 140 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 155 #
2019/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backing for Dublin proceduresand technical support provided by the European Asylum Support Office (EASO) in the hotspotto Member States; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedand the Commission to increase assistance to Member States, especially those at the border of the EU; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources, supporting Member States with Dublin procedures;
Amendment 159 #
2019/2206(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to monitor that interviews are conducted in the language of the asylum seeker or in a language that the applicant is reasonably supposed to understand;
Amendment 161 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. PDeplores that the rights of asylum seekers, including that to legal assistance, are often neglected when implementing the Dublin III Regulation, points out that the protection of fundamental rights must be at the heart of the measures taken to implementEU asylum policies and of the implementation process of the Dublin III Regulation, including the protection of childrenminors, victims of trafficking, victims of torture, and the most vulnerable;
Amendment 169 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that asylum seekers have the right to be fully informed on the procedures; regrets that the level of information provided to asylum seekers differs consistently from one Member state to another; urges the Member states to guarantee that minors have tailored, child-friendly information and specific support; stresses that providing legal assistance and interpretation are key to ensure applicants' right to information;
Amendment 174 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that transfers of asylum seekers, and in particular vulnerable people, minors and families can result in violations of their human rights; urges Member states to properly assess the risks to which applicants would be exposed in the Member States of destination; stresses in particular that transfers must be carried out in a way that under no circumstances exposes individuals to a risk of refoulement, irrespective of whether the asylum system of return is affected by systemic deficiencies;
Amendment 175 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Deplores that Member states resort too often to the detention of applicants waiting to be transferred; urges Member states to make concrete efforts to find valid alternatives to detention;
Amendment 180 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and toenable a better use of the family provisions, including by harmoniseing the standards of proof required; callacross Member states oin the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detentiondirection of less stringent and more achievable standards; calls the Commission and the Member states to speed up family reunification procedures including through an immediate transfer to a country in which the applicant has family;
Amendment 188 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that Member states do not proactively contribute to the identification and verification of the family links; deplores that the burden of proof is almost entirely left to the applicants;
Amendment 192 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Member States and the Commission to ensure an adequate verification of the best interest of the child, avoiding that the complexity of the procedures results in the failure to implement this principle, in particular for the unaccompanied minors of age between 16 and 18;
Amendment 193 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Regrets that Member states apply different interpretation of the best interest of the child; calls therefore the Commission to clarify the definition in line with EU legislation and to identify which family reunification possibilities, security and safety considerations, background information should be taken into consideration;
Amendment 194 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Urges the Member States and the Commission to clarify that detention is never in the best interest of the child and that a minor should never be detained because of the migratory status of their family; calls to expand the sources used for the monitoring and identification of unlawful practices to include information provided by international and non- governmental organizations where it is reliable, up-to-date and specific;
Amendment 195 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Deplores that insufficient identification mechanisms and erroneous methods of age assessment often further exacerbate the situation of minors, causing delays or affecting negatively the outcome of the Dublin procedure; calls for an harmonized age assessment that do not endanger minors' rights, health and psychological well-being;
Amendment 206 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secencourages Member states to apply the discretiondary movements as essential in order to reduce the number of transfer requests; proposes thatclause more swiftly in cases where it becomes evident that transfers cannot be carried out, or where the coinditions which trigger transfer procedures be clarified and harmonisedvidual situation of the applicant requires so;
Amendment 219 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and, according to the evidence, that in many cases asylum seekers remain outside of the system due to disproportionate use of the criterion of the first countribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the systemy of irregular entry and the insufficient consideration of the meaningful links and the particular needs of the applicants; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in cases where anincrease trust between Member States and between them and the asylum seeker absconds;
Amendment 228 #
2019/2206(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that providing asylum seekers with legal assistance in connection with Dublin procedures, in particular in the hotspots, would simplify the process of obtaining asylum would enhance rights-compliant procedures, simplify Dublin procedures and improve decision- making; calls on the Member States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyone;
Amendment 232 #
2019/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States to increase the resources necessary to make Dublin III operational, particularly the number of asylum officers; calls on the European Commission to increase the funds available for the provision of legal assistance, especially funding for civil society professionals offering legal assistance to people in need of international protection during the Dublin procedure;
Amendment 235 #
2019/2206(INI)
Motion for a resolution
Subheading 4
Subheading 4
A singlerights-centred asylum application in the EU
Amendment 239 #
2019/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the principle of a single asylum application in the EU is consistently flouted, a state of affairs at odds with the very purpose of the Dublin III Regulation; considernotes that the competent national authorities should share their relevant information on a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal datare are multiple reasons for submission of additional asylum applications;
Amendment 249 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the Dublin III Regulation and this can contribute to onward movement; considers that accounting for individual needs of the applicant in the Dublin procedures would reduce secondary movements; calls for the inclusion of a relocation criteria considering the "genuine links" with a particular Member state as an efficient approach to reduce secondary movements;
Amendment 261 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 276 #
2019/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes that EASO be given an expanded role in analysing the flows of and pathways taken by asylum seekers, in order to better anticipate and understand pressures on asylum systemssupporting Member states in the implementation of the Dublin III Regulation;
Amendment 282 #
2019/2206(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with thirdimplementation of the Dublin III Regulation by taking stock of the elements countries, in order to optimise implementation of the Dublin III Regubuting to greater efficiency, and compliance with human rights legislation;
Amendment 286 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Council to find a sustainable solution and take the necessary steps to adopt a position on the Dublin Recast Regulation by qualified majority;
Amendment 287 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Proposes that a fairer system of allocation be a priority for any reform of the Dublin system while keeping the protection of fundamental rights of applicants at the centre of the functioning of the solidarity mechanism;
Amendment 23 #
2019/2200(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its full support for Georgia’s sovereignty and territorial integrity within its internationally recognised borders and condemns the illegal occupation of the Georgian regions of Abkhazia and Tskhinvali/South Ossetia by the Russian Federation; emphasises that the AA covers the entire territory of Georgia, including its occupied regions, and aims to benefit its whole population; calls on the Russian Federation to fulfil its obligations under the EU-mediated ceasefire agreement of 12 August 2008, notably to withdraw all its military forces from Georgia’s occupied territories and allow the European Union Monitoring Mission (EUMM) unhindered access to the whole territory of Georgia; asks the Commission and the EEAS to enhance their efforts to resolve the conflict peacefully, including through the EUMM and the EU Special Representative for the South Caucasus and the crisis in Georgia; urges the Commission to enhance a strategy of demilitarisation to minimise the tensions by using all instruments of diplomatic means;
Amendment 33 #
2019/2200(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that Georgian citizens have made 900 000 visa-free visits to Schengen and Schengen-associated countries since March 2017; is concerned by the increasing number of unfounded asylum requests by Georgian citizens; calls on all the Member States that have not already done so to recognise Georgia as a safe country of origin in order to speed up the processing of such requests; stresses the importance of continuous implementation of the visa liberalisation benchmarks by Georgia;
Amendment 72 #
2019/2200(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reminds the importance of full continued cooperation with the International Criminal Court and calls upon the government of Georgia to ensure comprehensive accountability alongside the cases pursued by the International Criminal Court;
Amendment 109 #
2019/2200(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Georgian authorities to promptly, thoroughly and effectively investigate all incidents of excessive use of force by law enforcement officers and attacks against peaceful protesters and journalists in June 2019 and to ensure that perpetrators are held to account;
Amendment 128 #
2019/2200(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Georgian authorities to pursue comprehensive labour policy reform to ensure better regulation of working hours, weekly rest, night work, payment of overtime hours and work on public holidays, in order to bring the legislation in line with the international labour standards and the EU directives, and broaden the mandate of the Labour Inspectorate to explicitly monitor labour rights and systematically verify any workplace hazards;
Amendment 32 #
2019/2176(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the reports of the European Committee for the prevention of torture, published between 1990 and 2019, the reports from the UN Committee against Torture published between 1993 and 2016 and other reports from international organisations or officials, all clearly condemning the practice of widespread torture in Turkey,
Amendment 34 #
2019/2176(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the report of the UN Working Group on Enforced or Involuntary Disappearances from 30 July 2019, clearly stating that the number of cases of enforced disappearances has been steeply increasing since 2016,
Amendment 35 #
2019/2176(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the report of the European Commission for Democracy through Law (Venice Commission) of 9- 10 December 2016 condemning the dismissal of thousands of civil servants, teachers, academics, judges and prosecutors, without a fair procedure protecting their rights,
Amendment 142 #
2019/2176(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges the persistent strategy of openness and good will adopted by the EU and lately materialized in the renewed positive agenda offered by the European Council in October 2020; Stresses that no incentive that the EU could offer can ever replace the much- needed political will to build a mature democracy and, in turn, become a reliable ally and ultimately a member of the EU; Notes that ever since the last European Council conclusions, no efforts were attempted by Turkish authorities to advance towards benchmarks laid down in this broad agenda and that Turkey's confrontational attitude and rhetoric has even deteriorated;
Amendment 206 #
2019/2176(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses its will to strengthen and deepen mutual knowledge and understanding between Turkish and European societies, combating all manifestations of social, religious or cultural prejudice and intolerance; expresses its full commitment to continue supporting Turkey’s independent civil society in whatever circumstances and framework of relations that the future may bring; believes, nevertheless, that the accession process would still be the most powerful tool to exercise normative pressure on the Turkish government and the best framework to sustain the democratic and pro-European aspirations of Turkish society; stresses that a purely transactional relationship will hardly contribute to the advancement of Turkey towards a more democratic modelopen model compatible with EU values;
Amendment 226 #
2019/2176(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with deep concern that, despite the formal lifting of the state of emergency in July 2018, its impact on democracy and fundamental rights continues to be strongly felt, including the arbitrary passport cancellations which, despite some incremental improvements, remain a major breach of the freedom of movement, and the undue profiling by the authorities of dismissed public sector workers which undermines the right to presumption of innocence as well as their existence within the Turkish society as equal citizens; is concerned that many extraordinary powers granted during the state of emergency were transposed into ordinary law through law no. 7145, introduced shortly after the end of the state of emergency and remain in the statute today;
Amendment 238 #
2019/2176(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deeply regrets that this repressive form of rule has now become a deliberate, relentless, systematic state policy, which extends to any critical activities, such as Kurdish activismpeaceful political activism on issues of concern to Kurdish and Alevite people, peaceful protests and demonstrations held by former public sector workers and women’s rights activists and by victims of the state of emergency such as Cemal Yıldırım and Melek Çetinkaya, or even to events that took place prior to the attempted coup, such as the Gezi protests;
Amendment 248 #
2019/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that the current overly broad anti-terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy; aimed at clamping down on peaceful dissenting opinion and the exercise of the right to freedom of expression; notes with great concern the continued mass incarceration of people convicted or held in pre-trial detention on terrorism-related charges based on scant or absurd evidence; reiterates its firm condemnation of the violence by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002;
Amendment 253 #
2019/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that the current overly broad anti-terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy; reiterates its firm condemnation of the violence by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002;notes with great concern the continued mass incarceration of people convicted or held in pre-trial detention on terrorism- related charges based on scant evidence; reiterates its firm condemnation of any violence against civilians from all state and non-state actors.
Amendment 257 #
2019/2176(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Deeply regrets the discriminatory Covid-19 early release law which disregarded the right to life of those imprisoned on political grounds and failed to address the situation of those held in pre-trial detention; expresses concern about the unsanitary and overcrowded prison facilities.
Amendment 258 #
2019/2176(INI)
12a. Deeply regrets the discriminatory Covid-19 early release law which disregarded the right to life of those imprisoned on political grounds and failed to address the situation of those held in pre-trial detention; expresses concern about the unsanitary and overcrowded prison facilities;
Amendment 260 #
2019/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the erosion of the rule of law and the systemic lack of independence of the judiciary continues to be one of the most pressing and worrying issues; condemns the increased surveillance by the executive and the sometimes overt political pressure affecting the work of judges, prosecutors, lawyers and bar associations; is appalled by the mass arrest and prosecution of lawyers for representing their clients; is concerned about the legislative amendment allowing for the division of bar associations along political lines in a way to diminish their role as human rights watchdogs;
Amendment 263 #
2019/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the erosion of the rule of law and the systemic lack of independence of the judiciary continues to be one of the most pressing and worrying issues; condemns the increased surveillance by the executive and the political pressure affecting the work of judges, prosecutors, lawyers and bar associations; is appalled by the mass arrest and prosecution of lawyers for representing their clients; is concerned about the legislative amendment allowing for the division of bar associations along political lines in a way to diminish their role as human rights watchdogs.
Amendment 270 #
2019/2176(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is deeply worried about the disregard by the Turkish judiciary of European Court of Human Rights (ECtHR) rulings and the increasing non-compliance of lower courts with the judgments of the Constitutional Court; is concerned about the mass arrest of more than 100 lawyers just for legally representing suspects of PKK or Gülen Movement cases; regrets the failure of the ECHR to deliver a judgment on the individual application of imprisoned journalist and author Ahmet Altan, which has been pending before the ECHR since January 2017; deplores political impediments employed by the incumbent government and its political allies against judicial reform demands;
Amendment 288 #
2019/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses serious concern about the disproportionate and arbitrary measures curtailing freedom of expression, media freedom and access to information; condemns the closing down of many media outlets, inter alia Samanyolu TV, Yumurcak TV, Zaman newspaper, Özgür Gündem newspaper, Cihan News Agency, Burç FM; condemns the imprisonment of journalists, media employees as well as social media users; notes with deep concern the increasing restrictions and censorship imposed on social media platforms; urges Turkey to guarantee media freedom as a matter of priority;
Amendment 290 #
2019/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses serious concern about the disproportionate and arbitrary measures curtailing freedom of expression, media freedom and access to information; condemns the imprisonment of journalists, media employees as well as social media users; notes with deep concern the increasing restrictions and censorship imposed on social media platforms; urges Turkey to guarantee media freedom as a matter of priority;
Amendment 296 #
2019/2176(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes with concern the refusal of Turkish authorities to release journalist Hanım Büşra Erdal, who has been denied release from prison although she has been eligible for parole since 30 March 2020;
Amendment 305 #
2019/2176(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is deeply concerned about the constant attacks and pressure on the opposition parties, which undermines the proper functioning of a democratic system; notes the political, legislative and administrative measures taken by the government to paralyze municipalities run by mayors of opposition parties in İstanbul, Ankara, İzmir and South Eastern cities; regrets that the incumbent government abuses financial resources and administrative competences of the state to weaken or silence the opposition;
Amendment 313 #
2019/2176(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes with great concern the way that the People’s Democratic Party (HDP) has been specifically and continuously targeted by the Turkish authorities; strongly condemns the continued detention of former HDP co-chairs Selahattin Demirtaş and Figen Yüksekdağ, the mayor of Kars, Ayhan Bilgen, and other democratically elected HDP officials, members of Parliament, its administration and members; is appalled by the rise in hate crimes against citizens of Kurdish origin;
Amendment 315 #
2019/2176(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes with great concern the way that the People’s Democratic Party (HDP) has been specifically and continuously targeted by the Turkish authorities; strongly condemns the continued detention of former HDP co-chairs Selahattin Demirtaş; and Figen Yüksekdağ, members of parliament, elected mayors, administrators and members.
Amendment 323 #
2019/2176(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Turkey to release all imprisoned human rights defenders, journalists, lawyers, academics, judges, prosecutors and others who have been detained on unsubstantiated charges and to enable them to carry out their work without threat or impediment in all circumstances; strongly condemns the re-arrest and continued detention of Osman Kavala, a prominent civil society figure; condemns the recent decision of the Istanbul Regional Court of Appeal to uphold the convictions of four human rights defenders in the Büyükada case on terrorism related charges, despite the absence of any evidence of criminal activity and the fact that allegations against these defendants had repeatedly been disproven, including by the state’s own evidence;
Amendment 326 #
2019/2176(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Turkey to release all imprisoned human rights defenders, journalists, lawyers, academics and others who have been detained on unsubstantiated charges and to enable them to carry out their work without threat or impediment in all circumstances; strongly condemns the re-arrest and continued detention of Osman Kavala, a prominent civil society figure; and other prominent Journalists like Ahmet Altan and Hanim Büsra Erdal.
Amendment 332 #
2019/2176(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is deeply concerned by continued allegations of violent arrests, beating, torture, ill-treatment, and cruel and inhuman or degrading treatment in police and military custody and in prison, as well as by cases of enforced disappearances over the past four years, by the failure of prosecutors to conduct meaningful investigations into such allegations and by the pervasive culture of impunity for members of the security forces and public officials implicated; urges Turkish authorities to investigate persistent and credible reports of torture and ill- treatment in custody and hold those responsible to account;
Amendment 339 #
2019/2176(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Notes that the latest amendment of the Law on the Execution of Sentences has a discriminatory nature and political prisoners whose already-deplorable conditions have been further compounded by COVID-19 are treated unequally in this regard; is concerned about arbitrary and unequal treatments towards prisoners who have been prosecuted or convicted in cases of Gülen Movement with regard to access to health services, the procedure of probation and imprisonment of pregnant women or women who recently gave birth;
Amendment 342 #
2019/2176(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Expresses serious concerns about the functioning of State of Emergency Measures Inquiry Commission (Commission) which lacks independence and impartiality and is working under evident control and pressure of the executive body; notes that the mandates of the Commission are very narrow, rules of procedure of the Commission are not adequate to examine application files thoroughly, that it denies most of the reinstatement applications and the very rare reinstatement decisions rendered by the Commission are not being realized by the public institutions in many cases;
Amendment 346 #
2019/2176(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Condemns the failed coup and calls the persons responsible of this coup to be judged.
Amendment 347 #
2019/2176(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Calls on the Turkish government not to use the coup as an excuse to persecute every kind of opposition against the ruling government;
Amendment 348 #
2019/2176(INI)
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18f. Calls on the Turkish government to finally clarify the sort of the hundreds of disappeared persons and finally give an answer to the "Saturday Mothers of Turkey" who now for more than 800 times have come together to ask justice;
Amendment 364 #
2019/2176(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Remains deeply concerned by the situation in the south-east of Turkey, namely the Kurdish issue in Turkey, with regard to the protection of human rights, freedom of expression and political participation; , including the recent mass raids and the remanding in prison of five civil society figures in Diyarbakır including Dr Şeyhmus Gökalp, High Honorary Board a member of the Turkish Medical Association (TTB); condemns the use of violence in the context of the Kurdish issue, and urges the parties to the conflict to resume the negotiations which came to a halt in 2015, towards developing a peaceful and sustainable solution;
Amendment 368 #
2019/2176(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on Turkey to effectively investigate allegations of torture and ill- treatment in police custody or in prison, particularly against people with alleged ties to the Gülen movement or Kurdish political networks; and allegations of enforced disappearance, including the disappearance of former public sector worker Yusuf Bilge Tunç who was reported missing in August 2019;
Amendment 374 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities; condemns the pervasive hate-speech against LGBTI people, especially when done by high-level political and religious figures; condemns the lack of proper investigation, prosecution and sanction of hate speech, both online and offline, and of hate crime; calls on authorities and officials to firmly condemn all acts of violence and hate speech against minorities and vulnerable groups and to investigate and prosecute them effectively;
Amendment 380 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities and refugees who have been increasingly targeted by racist attacks;
Amendment 382 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, refugees, LGBTI people and ethnic and religious minorities; is appalled by the rise in hate crimes.
Amendment 390 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Turkish authorities to end the protracted bans on Pride marches in several cities; calls on the Turkish authorities to ensure that the right to freedom of assembly and association, as enshrined in Article 11 of the European Convention on Human Rights, can be effectively enjoyed, without discrimination on grounds of sexual orientation or gender identity, in respect of the recommendation of the Committee of Ministers of the Council of Europe;1a _________________ 1a https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectID=09000016805cf40a
Amendment 392 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Reiterate its call on the Council to establish a comprehensive and effective EU-wide human rights sanction regime, which would allow for targeting any individual, state- and non-state actor, responsible for or involved in human rights violations, breaches of fundamental freedoms and the rule of law in Turkey;
Amendment 401 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Expresses concern about the reported deportation of Uighurs by way of third countries to China, where they are likely to face grave persecution.
Amendment 402 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Expresses concern about the reported deportation of Uighurs by way of third countries to China where they are likely to face grave persecution;
Amendment 407 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Is deeply concerned about the reported rise in allegations of torture and ill-treatment in police custody and in prisons; urges Turkey to ensure that a prompt, independent and impartial investigation into these serious allegations of torture and other ill-treatment is carried out including into serious allegations of torture regarding two villagers in Van after being detained by the gendarmerie on 11 September which caused the death of Servet Turgut and severe injuries to Osman Şıban; calls on Turkey to authorize the publication of two pending CPT reports of its ad hoc visits in 2016 and 2018;
Amendment 442 #
2019/2176(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned about the ever more frequent use of a hyper-nationalist inflammatory narrative among the ruling elite that increasingly gives rise to antagonistic approaches towards the EU or its Member States; is concerned about the increasing clout of religious conservatism in political life;
Amendment 474 #
2019/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration crisis resultinghosting refugees from the war in Syria; takes the view that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey Statement and underlines the importance of both parties’ compliance with their respective commitments; however at the same time criticises the resettlement of Syrian refugees to Turkish-occupied regions in the North of Syria, from which the local Syrian population was previously displaced and is now prevented from returning; refugees must not be brought back to Syria against their will, nor must they be used to carry out demographic engineering against the Kurdish and Christian population in the North of Syria.
Amendment 482 #
2019/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration crisis resulting from the war in Syria; takes the view that the EU should continue to givfinance the necessary direct support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey StatementCalls for the adoption of an EU- Turkey agreement instead of the current Declaration, with parliamentary scrutiny and underlines the importance of both parties’ compliance wrefraining from using ith their respective commitmentso pressure or blackmail the other party;
Amendment 489 #
2019/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration"refugee crisis" resulting from the war in Syria; takes the view that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey Statement and underlines the importance of both parties’ compliance with their respective commitments;
Amendment 520 #
2019/2176(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that a modernisation of the Customs Union could be beneficial for both parties and would keep Turkey economically and normatively anchored to the EU; reiterates that this would need to be based on strong conditionality related to human rights and fundamental freedoms; highlights that it seems unrealistic to envisagestresses that given the current circumstances, any modernisation of the Customs Union given the current circumstancescan't be envisaged; recalls that the current Customs Union will not achieve its full potential until Turkey fully implements the Additional Protocol in relation to all Member States;
Amendment 550 #
2019/2176(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on EU countries to envisage an introduction of arms embargo to Turkey as long as that threatens the peace and stability of other EU Members States.
Amendment 568 #
2019/2176(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Condemns the partial reopening of Varosha beach, which undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue; calls on Turkey to reverse this action and to refrain from provoking nationalist sentiments; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equality;
Amendment 570 #
2019/2176(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Condemns the partial reopening of Varosha beach, which undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue; calls on Turkey to reverse this action and to refrain from provoking nationalist sentiments; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equality;
Amendment 573 #
2019/2176(INI)
28a. Stresses that, in spite of reiterated calls for de-escalations and peaceful conflict resolution through dialogue, Turkey did not refrained itself from further violating international law and the sovereignty and territorial integrity of EU Member States through unilateral and illegal actions; Calls therefore on the Council to impose restrictive sectoral and targeted measures against Turkey, which should have no adverse impact on the Turkish society;
Amendment 586 #
2019/2176(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, which constitute grave violations of international law; Strongly condemns its role in the recruitment and transfer of fighters from jihadist groups located in northern Syria to the other territories, a phenomenon first witnessed in Libya and most recently in the conflict in Nagorno-Karabakh;
Amendment 591 #
2019/2176(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, which constitute grave violations of international law; and calls on the Turkish government to end its illegal occupation of Northern Syria and Afrin and withdraw its military and paramilitary proxy forces;
Amendment 595 #
2019/2176(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, Afrin, Ras al- Ayn/Sere Kaniye and Tal Abyad which constitute grave violations of international law;
Amendment 599 #
2019/2176(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
Amendment 604 #
2019/2176(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on Turkey to remain committed to the peaceful resolution of the conflict in Libya under the auspices of the UN, and to fully adhere to the arms embargo imposed by the UN Security Council; is extremely concerned by, and strongly condemns the threats of military action against Syria, Libya, and most recently, Nagorno-Karabakh; Calls on Turkey to desist in these actions and to promote peace actively;
Amendment 629 #
2019/2176(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Regrets that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Organization for Security and Co-operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of one of the sides in the recent conflict in Nagorno-Karabakh and, in violation of international law, sent foreign proxy forces from Syria to support the war effort;
Amendment 631 #
2019/2176(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Regrets that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Organization for Security and Co-operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of oAzerbaïdjani forces and to directly and militarily intervene ofn their sides in the recent conflict in Nagorno-Karabakh;
Amendment 633 #
2019/2176(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Regrets that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Organization for Security and Co-operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of one of the sides - Azerbaijan - in the recent conflict in Nagorno-Karabakh;
Amendment 642 #
2019/2176(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Expresses serious concern about the Turkish government’s use of its influence in the Balkans to secure the forcible return of its citizens in violation of international law, in some cases by undermining domestic legal procedures for extradition, including that of one individual who was extradited from Albania despite his asylum request in early 2020;
Amendment 649 #
2019/2176(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Condemns Turkey’s expansionist aspirations and its unilateral activities in violation of international law; urges the EU Member States to impose a comprehensive arms embargo on Turkey;
Amendment 669 #
2019/2176(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. calls on Turkey to stop the attempts to influence European policy through a targeted diaspora policy and to mobilise Turkish- and Islamic communities against the secular understanding of freedom of religion and expression;
Amendment 671 #
2019/2176(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Recalls that Turkey has to stop in particular the attempt of the Turkish government to spy and put pressure on opposition members and politicians of Turkish origin in Europe and condemns in the strongest possible terms all attempts to use violence and intimidation against intellectuals, activists or politicians in Europe.
Amendment 4 #
2019/2173(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to the fifth country monitoring report of the European Commission Against Racism and Intolerance (ECRI), published on September 20171a , and to the conclusions on Montenegro concerning the state of implementation of the 2017 recommendations, published on June 2020,1b __________________ 1a https://rm.coe.int/second-report-on- montenegro/16808b5942 1bhttps://rm.coe.int/ecri-conclusions-on- the-implementation-of-the- recommendations-in-respe/16809e8273
Amendment 110 #
2019/2173(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes progress on the protection of LGBTI rightthe rights of LGBTI persons and the adoption of the law on same-sex partnerships and calls on authorities to ensure all necessary conditions for its adequate and timely implementation; stresses that the situation of transgender and non-binary persons needs to be improved; urges the collection of disaggregated data relating to hate speech and crime based on sexual orientation and gender identity as recommended by ECRI and calls for their effective sanctioning;
Amendment 171 #
2019/2173(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Reiterates that the European Union has swiftly mobilised substantial support for the Western Balkans to tackle the COVID-19 pandemic health emergency and the socio-economic recovery of the region; calls on Montenegrin authorities to take into strong consideration the needs of the most vulnerable groups in society such as women, Roma and LGBTI persons, people with disabilities and other minorities when creating and implementing COVID-19 socio-economic relief measures;
Amendment 25 #
2019/2171(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Declaration of 5 July 2009 of Western Balkans partners on Roma Integration within the EU Enlargement Process, known as the Poznan Declaration,
Amendment 30 #
2019/2171(INI)
Motion for a resolution
Citation 13
Citation 13
- having regard to its resolution of 9 July 2015 on the Srebrenica Commemoration1 , of 15 January 2009 on Srebrenica and of 7 July 2005 on the Western Balkans 10 years after Srebrenica, __________________ 1 OJ C 265, 11.8.2017, p. 142.
Amendment 42 #
2019/2171(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the Report of the International Tribunal for the Former Yugoslavia of 1 July 2017,
Amendment 43 #
2019/2171(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the Progress Report of the Prosecutor of the International Residual Mechanism for Criminal Tribunals of 19 May 2020,
Amendment 44 #
2019/2171(INI)
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
- having regard to the 58th Report of the High Representative (HR) for Implementation of the Peace Agreement on Bosnia and Herzegovina,
Amendment 60 #
2019/2171(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the country continues to face numerous challenges related to the rule of law, human rights, fundamental freedoms, governance, accountability, freedom of expression and media freedom, and a functioning market economy;
Amendment 70 #
2019/2171(INI)
Motion for a resolution
Recital G
Recital G
G. whereas BiH is a migrant transit route, and reception capacities remain insufficient for hosting migrants and asylum seekers present in the country, despite the availability of EU funded and ready-made solutions;
Amendment 74 #
2019/2171(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas serious human rights concerns remain over the rights of people in transit in BiH;
Amendment 75 #
2019/2171(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the EU approach to the external dimension of migration has led the EU to cooperate with BiH in the field of border control and migration management; whereas the externalisation of EU border management and migration control is of serious concern in light of violations of human rights standards; whereas it is the EU's duty to conduct a humane border procedure and migration approach that aims at protecting the fundamental rights of persons in need of international protection in countries of transit such as BiH;
Amendment 95 #
2019/2171(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the path towards the EU depends on sustainable peace, lasting stability, social cohesion and genuine reconciliation warranting the democratic and multicultural character of BiH; urges the country to expedite effective prosecution of war crimes under the revised National War Crimes Processing Strategy, and calls for impartial and effective investigations into these crimes; condemns any kind of historical revisionism, or opposition to ICTY judgements, secessionist rhetoric and related acts, denial or glorification of war crimes committed during the 1990’s war;
Amendment 101 #
2019/2171(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that over 7 200 BiH citizens are still missing, and urges the authorities to intensify cooperation and data sharing between regional, national and international stakeholders alike, on issues related to missing persons, redress to civilian victims of war, including victims of sexual violence, and to ensure the safe and sustainable return of refugees and internally displaced people; through reconstruction assistance, job creation measures, education rights and the proper implementation of property laws;
Amendment 107 #
2019/2171(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the rapid adoption of a law banning Holocaust denial, genocide and war crimes; encourages the High Representative in BiH (OHR) to use his powers to make the law banning Holocaust denial, genocide and war crimes an integral part of BiH legislation;
Amendment 121 #
2019/2171(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the authorities to ensure inclusive and non-discriminatory education for all children, regardless of their ethnic, cultural, or personal background, notably by abolishing the two-schools-under-one- roof practice ruled as discriminatory and as ethnic segregation by the Supreme Court of Federation of BiH, by enabling Bosniak children in Republika Srpska to name their mother tongue as Bosnian language and by increasing the enrolment and completion rate of Roma pupils;
Amendment 135 #
2019/2171(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urgently calls on BiH to remedy the unequal access to remote schooling, resulting in many children being deprived of their right to education throughout the pandemic;
Amendment 140 #
2019/2171(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges all BiH political leaders and institutions to significantly accelerate work and co-operation to fully comply with the 14 key priorities; calls on the authorities to maintain the political will for enhanced co-operation demonstrated at the onset of the COVID-19 crisis, especially through developing and adopting a national programme for the adoption of the EU acquis; guaranteeing legal certainty by establishing a judicial body entrusted with ensuring the consistent interpretation of the law throughout BiH; ensuring that veto rights in all administrative bodies entrusted with implementing the acquis are eliminated; strengthening the prevention and fight against corruption and organised crime; ensuring the implementation of the legislation on non- discrimination and on gender equality; enabling environment for civil society by upholding European standards on freedom of association and freedom of assembly;
Amendment 148 #
2019/2171(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that the effective organisation and independent functioning of institutions is an essential feature of a viable democracy and a prerequisite for advancing the EU integration process, including obtaining candidate status; warns that ethno-nationalistic divisive rhetoric and attempts to obstruct the functioning of institutions undermine unity, lasting stability and country-wide co- ordination and decision-making on key policies and reforms;
Amendment 156 #
2019/2171(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Commends the adoption of the amendments to the BiH Election Law that allowed Mostar citizens to vote in the 2020 local elections; welcomes the Parliamentary Assembly’s vote of 22 July 2020 on the Rules of Procedure governing the meetings of Stabilisation and Association Parliamentary Committee (SAPC), paving the way for their formal adoption by the 2nd EU-BiH SAPC as soon as possible and for a fruitful parliamentary cooperation;
Amendment 164 #
2019/2171(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the EC and the EEAS to step up their mediation activities in BiH, in order to strengthen political dialogues and reconciliation, which is central to the future development of BiH, and to provide a framework for dealing with the legacies from the past and for overcoming the divisions in the society;
Amendment 173 #
2019/2171(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the urgent need to address shortcomings in the constitutional framework andincluding through harmonisation of laws on cantonal and federal level and expanding the state’s jurisdiction, as well as to make progress on reforms that would transform BiH into a fully functional and inclusive state by implementing the Sejdic-Finci case group; stresses that institutional reforms depend on the will and commitment of political leaders and institutions in the country; urges the international community to facilitate the conditions for constitutional dialogue within BiH institutions and among elected representatives in BiH under the leadership of the EU, in particular Parliament, and in consultation with civil society;
Amendment 182 #
2019/2171(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the lack of progress on reforms in the judiciary; reiterates the urgent need to resolve the mounting backlog of cases pending trial, to strengthen the professionalism and accountability of the judiciary and, to ensure its independence from undue influence by adopting new legislation on the High Judicial and Prosecutorial Council and on the Courts of BiH in line with EU standards;
Amendment 195 #
2019/2171(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for immediate steps to tackle corruption and impunity in the public sphere in order to rebuild citizens’ trust in the institutions; by adopting and implementing legislation on conflict of interest and whistle-blowers’ protection; ensuring the effective functioning and coordination of anti-corruption bodies; align the legislation and strengthen capacities on public procurement; ensuring transparency of privatisation processes; in particular, calls for the authorities to duly investigate and resolve the lack of effective prosecutions for high- profile corruption cases; insists that the persistent lack of transparency shown by political actors and public institutions alike needs to be addressed;
Amendment 209 #
2019/2171(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regrets the lack of progress on addressing the EU’s Opinion priority n. 11 on ensuring an enabling environment for civil society by upholding European standards on freedom of association and freedom of assembly; underlines the importance of protecting and promoting freedom of association and deplores that the exercise of freedom of assembly remains restricted; regrets that activists, in particular those dealing with sensitive issues in Republika Srpska have been subject to threats, intimidation, fines and judicial prosecution; calls on the authorities to develop a strategic framework of cooperation with civil society and to ensure meaningful consultations as part of inclusive policy dialogues;
Amendment 210 #
2019/2171(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Stresses the need to make the European integration process as inclusive and open as possible; notes the insufficient involvement of civil society organisations which can make substantial contributions to the EU integration process; notes that this involvement is of paramount importance for the participation of citizens in the democratic life of the country and in the enlargement process;
Amendment 214 #
2019/2171(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses concern over the fundamental rights situation, specifically, the persisting discrimination and hate speech faced by the LGBTIQ+ community, migrants and asylum seekers, as well as ethnic and religious minorities, and calls for more effective and comprehensive countrywide hHuman rRights and anti- discrimination strategies, as well asincluding an action plan on child protection, an action plan on LGBTIQ+ people and measures against interfaith and interethnic intolerance; stresses the need to duly prevent and prosecute the proliferation of hate speech, hate crimes and violence targeting minorities, LGBTIQ+ persons and women, and to promote social inclusion of minorities and vulnerable populations, including the Roma, in line with the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process, persons with disabilities, LGBTIQ+ persons, migrants and asylum seekers, as well as displaced persons and refugees;
Amendment 221 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 222 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls the need for specific earmarked funding on gender equality in all EU external financing instruments, and for reduced administrative constraints to allow access to funding for local and small civil society organisations (CSOs) and especially women civil society organisations (WCSOs);
Amendment 223 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the situation of LGBTI persons can be significantly improved by new legal measures and modifications such as legalising same-sex partnerships, the explicit protection of sexual orientation, gender identity and sex characteristics against hate speech and violence in the Criminal Code, quick, transparent and accessible procedures for legal gender recognition based on self- determination,1a and ensuring legal guarantees for the bodily integrity, autonomy, self-determination and informed consent of intersex persons, in line with its position on the matter;1b __________________ 1a In line with Council of Europe guidelines: Council of Europe’s Committee of Ministers Recommendation to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, available, CM/Rec(2010)5, available on http://assembly.coe.int/nw/xml/XRef/Xref- XML2HTML-EN.asp?fileid=21736. 1b Texts adopted, P8_TA(2019)0128.
Amendment 229 #
2019/2171(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Commends the decision of the Constitutional Court of 4 October 2019 to repeal Article 11 of the Constitution of the Republika Srpska entity, thus abolishing capital punishment across BiH; regrets that the Republika Srpska entity parliament did not amend the Constitution on this matter prior to the Court decision;
Amendment 232 #
2019/2171(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets BiH’s continued inability to comply with anti-discrimination rulings of the European Court of Human Rights (ECtHR); notes the continuing shortcomings in the election process, and reiterates the need to address discriminatory ethnicity and residency- based restrictions on the right to stand for election through the required constitutional changes; regrets the inability to ensure that elections are conducted in line with European standards by implementing OSCE/ODIHR and relevant Venice Commission recommendations, as well as to ensure transparency of political party financing;
Amendment 242 #
2019/2171(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for thorough investigations into alleged electoral irregularities, including identity theft, barriers to independent electoral observation and political pressure on voters and the BiH Central Election Commission (CEC) itself and other irregularities, during of the 2020 municipal elections;
Amendment 245 #
2019/2171(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets continued political and financial pressure and instrumentalisation of the media, undermining freedom of expression and media pluraliswhich has especially deteriorated during the covid-19 pandemic, thus undermining freedom of expression and media pluralism, especially due to the lack of financial sustainability of the public broadcasting system; expresses its concern at the hostile environment for independent media, and urges the authorities to effectively investigate and prosecute verbal and physical threats and attacks against journalists and media personnel; , including female journalists, and media personnel; calls for the regulation of transparency of media ownership;
Amendment 259 #
2019/2171(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the EU must enhance its communication strategy in order to proactively and effectively counter ethnic or religious-based foreign interferences and disinform disinformation campaigns aimed at diminishing the EU’s credibility and actions in the region and jeopardizing the country’s unity;
Amendment 268 #
2019/2171(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Insists that BiH itself must increase proactive information-sharing on the pandemic, clarification of preventive measures and instructions for citizens, as well as data on infections and vaccinations through official channels;
Amendment 280 #
2019/2171(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the increased migratory pressure on the country; calls for effective inter-institutional and inter-governmental coordination of migration and border management in the face of a mounting humanitarian crisis; calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need to ensure appropriate reception condiurges the BiH authorities to quickly scale up actions to address the grave humanitarian situations and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); callprovide immediate assistance and secure basic living conditions to all the migrants and refugees oin the EU to step up its support to BiH’s authorities, namely with regard to operational assistancetemporary reception centres;
Amendment 288 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 289 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; stresses the need to ensure appropriate reception conditions and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely with regard to operational assistance;
Amendment 291 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. calls on the EU to investigate and report on the financial assistance given to BiH authorities and international organizations in BiH for handling the migrant situation in order to ensure transparency and increase the credibility of the EU; calls on a prompt assessment of the EU financial assistance, both by DG ECHO and under IPA, given to BiH authorities and international organizations in BiH for handling the migrant situation in order to ensure transparency;
Amendment 292 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Calls on the BiH authorities to improve the efficiency of the asylum system;
Amendment 293 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Calls on the EU and the BiH’s authorities to work on long term sustainable solutions for people in transit in BiH;
Amendment 294 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Expresses great concern regarding the number of unaccompanied or separated children among refugees and migrants left without access to adequate accommodation and child protection services; calls for effectively facilitating fast-track asylum applications from vulnerable children and families and to recognise them as a priority group in any of the national health, education and protection strategies;
Amendment 295 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 g (new)
Paragraph 19 g (new)
19g. Expresses concern for BiH’s increasing cooperation with neighbouring countries in terms of migration policies, inter alia resulting in violent pushbacks in violation of international treaties BiH is a party to, and abuse of migrants at the country’s borders; calls on the EU and EU member states to stop illegal pushbacks notably by Croatian authorities which make the crisis in border areas even bigger; calls in this regard for the establishment of an EU-wide mechanism that shall include in its investigation reports or testimonies of victims of border violence, allowing for the independent investigation of alleged violations of European law at the borders to put an end to the fundamental and human rights violations;
Amendment 296 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 h (new)
Paragraph 19 h (new)
19h. Calls for safe and legal pathways for refugees and migrants into the EU and for an EU migration and asylum policy based on solidarity amongst the Member States;
Amendment 299 #
2019/2171(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges BiH to step up its efforts against cross-border crime, especially human traffickingto fight against drug and human smugglers, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that wshould aim at facilitateing a better protection of borders inand humane border approach fully respect foring fundamental rights, while helping fight cross-border crime;
Amendment 304 #
2019/2171(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the resignation of the Executive Director of FRONTEX, in view of the alleged involvement of the Agency in violations of fundamental rights; demands a parliamentary inquiry to investigate FRONTEX’ alleged illegal practices;
Amendment 312 #
2019/2171(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a timely co-ordinated, strategic, transparent and publicly accessible countrywide response to the ongoing health emergency and post- pandemic recovery measures; recalls COVID-related EU support to address the acute situation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to , taking into account the different impact of the crisis on different genders, that must reach all individuals affected by the crisis; recalls COVID-related EU support to address the acute situation in the country needs to address the specific needs of women and of minority and vulnerable groups; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries and support their vaccination preparedness; welcomes in this respect the package that will allow BiH and other Western Balkan countries partners to finally benefit from the EU Advance Purchase Agreements; underlines that the much needed COVID-19 mitigation measures should not lead to further marginalization or stigmatization of vulnerable groups, including refugees and migrants;
Amendment 318 #
2019/2171(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a co-ordinated, strategic countrywide response to the ongoing health emergency and post-pandemic recovery measures in full respect of the principle of non discrimination; recalls COVID-related EU support to address the acute situation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries;
Amendment 322 #
2019/2171(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Condemns the authorities’ poor management of the covid-19 crisis, including selective enforcement of the ban on assemblies - resulting in the ban of the route of 2020 Sarajevo Pride march -, curtailment of freedom of expression by excluding the media from press conferences, public procurement irregularities and by not offering solutions to meet the needs of refugees, asylum seekers and migrants;
Amendment 323 #
2019/2171(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need for the Bosnian authorities to find a better balance between fundamental rights and freedoms and necessary restrictions due to the pandemic; regrets the selective enforcement of the ban on assemblies, which resulted in the ban of the route of the 2020 Sarajevo Pride march;
Amendment 332 #
2019/2171(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on BiH to step up active labour market measures aimed at reducing long-term andunemployment, including youth unemployment, contributing to the most acute brain drain in the region by investing more in the education sector – from pre- school to higher education - in order to achieve better and equal opportunities for all including vulnerable groups; recalls BiH commitment to increase the employment rate of Roma people;
Amendment 338 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that the unemployment of women, who make up 60 % of the working age inactive persons, is of particular concern;
Amendment 339 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the continued participation of BiH in the Erasmus+, Creative Europe and Europe for Citizens Programmes; stresses that educational and cultural exchanges and joint projects are an essential part of bringing the citizens of BiH and of the EU closer;
Amendment 340 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the authorities to harmonise the legislation on maternity and paternity leave across entities and cantons;
Amendment 341 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Urges the authorities to develop effective measures to prevent gender- based discrimination and sexual harassment in the workplace;
Amendment 342 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Underlines that social cohesion is an essential element of a sustainable and united future for BiH; therefore stresses the importance for the EU to support the strengthening of the welfare system of BiH, so as to boost a policy of social justice, of reduction of social inequalities, which will contribute to strengthening social cohesion; regrets that serious challenges remain to be addressed as regards to poverty reduction and calls for access to public health coverage for all; recalls that BiH is a signatory to all ILO fundamental and governance Conventions and as such calls for enhanced social dialogue and social protection;
Amendment 343 #
2019/2171(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the authorities to prioritise measures aimed at boosting economic diversification, digitalisation and tackling the informal economy, while developing effective and transparent mechanisms for energy market, transport infrastructure, sustainable tourism and support for SMEs; calls on the authorities to foster the social-economic dialogue among social partners on all socio-economic matters;
Amendment 359 #
2019/2171(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recommends focusing on sustainable and inclusive growth- enhancing public investment and infrastructure projects, making full use of the Economic and Investment Plan for the Western Balkans; which can contribute to facilitating a social development and long-term recovery following the pandemic; stresses however the need to ensure that EU funds contain both incentives and conditionality and shall effectively contribute to protecting and strengthening democracy, good governance, the rule of law and fundamental rights for all people in BiH;
Amendment 364 #
2019/2171(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes the extension of the trade preferences for the Western Balkans for five more years, thereby contributing to their sustained economic development; underlines that BiH consequently needs to engage in effective economic reforms and regional cooperation;
Amendment 368 #
2019/2171(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges BiH’s authorities to ensure alignment with EU standards and policy objectives on climate protection and energy, facilitating the green and digital transition, and calls for the prioritisation of measures reducing ecological degradation and environmental risks to health by banning the building of small hydropower plants, combating illegal construction, and increasing inspection oversight on ecological issues; welcomes the adoption of the Green Agenda for the Western Balkans, which shall incentivize the transition to a circular economy and the adoption of the necessary measures to preserve and protect environmentally sensitive areas;
Amendment 399 #
2019/2171(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the continued presence of EUFOR’s Operation Althea in the country and the extension of EUFOR’s mandate until November 2021; commends that BiH contributes troops to EU CSDP training missions; welcomes the signature of a joint roadmap for action on the G7 partnership for Women, Peace and Security;
Amendment 405 #
2019/2171(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Reaffirms its position that government and civil society representatives of the Western Balkan countries should be engaged in the Conference on the Future of Europe;
Amendment 22 #
2019/2170(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the rule of law is a key benchmark for assessing the progress towards the EU accession;
Amendment 32 #
2019/2170(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the ongoing pandemic has clearly demonstrated that the EU and the Western Balkans must continue tackling common challenges together;
Amendment 33 #
2019/2170(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the country has to recover from the widespread damage caused by the 26 November 2019 earthquake and the COVID-19 pandemic; boost preparedness for civil protection and disaster response and advance preparations for joining the Union Civil Protection Mechanism;
Amendment 34 #
2019/2170(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the EU has mobilised grants worth €115 million for the post- earthquake rehabilitation and reconstruction within the €400 million European support pledge;
Amendment 36 #
2019/2170(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the EU mobilised €51million to assist Albania in tackling COVID-19 and made available up to €180 million in macro-financial assistance;
Amendment 39 #
2019/2170(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas the EU is Albania’s biggest trading partner and the largest donor, and the country has benefited from €1.25 billion in EU pre-accession funding since 2007;
Amendment 41 #
2019/2170(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
Dg. whereas the Economic and Investment Plan for the Western Balkans will facilitate a long-term recovery, following the COVID-19 pandemic, supporting the economic development and reforms in the region;
Amendment 43 #
2019/2170(INI)
Motion for a resolution
Recital D h (new)
Recital D h (new)
Dh. whereas Albanian citizens enjoy visa-free travel to the Schengen area since December 2010;
Amendment 44 #
2019/2170(INI)
Motion for a resolution
Recital D i (new)
Recital D i (new)
Di. whereas since 2015 Albanian citizens participate in student, academic and youth exchanges under Erasmus+;
Amendment 45 #
2019/2170(INI)
Motion for a resolution
Recital D j (new)
Recital D j (new)
Dj. whereas the EU remains fully committed to supporting Albania’s strategic choice for European integration, based on the rule of law and good neighbourly relations;
Amendment 46 #
2019/2170(INI)
Motion for a resolution
Recital D k (new)
Recital D k (new)
Dk. whereas Albania remains a trustworthy foreign policy partner, advancing regional cooperation and good neighbourly relations;
Amendment 69 #
2019/2170(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers the appointment of the Chief Negotiator and the negotiating team, along with the adoption of the action plan to address the conditions and priorities set by Council’s conclusions of March 2020, to be a sign of a clear political commitment to advance the EU integration process;
Amendment 73 #
2019/2170(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages political leaders to create a climate of confidence by increasing transparency and overcoming the lack of dialogue and expresses its serious concern about the polarised political climate and lack of sustainable cross-party cooperation that continue to hamper the democratic process;
Amendment 75 #
2019/2170(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on public institutions to be proactive and make information publicly and timely available to civil society, media and the general public, particularly when related to issues of high public interest;
Amendment 94 #
2019/2170(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of ensuring that preparations for the 2021 parliamentary elections take place in a transparent and inclusive manner;
Amendment 95 #
2019/2170(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that all political forces, state bodies, civil society and the media have a joint duty to ensure a transparent, credible and objective election campaign, free from disinformation, intimidation and false accusations;
Amendment 97 #
2019/2170(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges Albania to improve intra- governmental co-ordination, decentralisation under the territorial administrative reform, to advance public consultations at local level and advance with public administration reform;
Amendment 101 #
2019/2170(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls the paramount importance of safeguarding the rule of law through implementation of judicial overhaul and a steady and consistent prosecution of high- level corruption;
Amendment 105 #
2019/2170(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages Albania to complete the relevant steps towards re-establishing the Constitutional Court’s ability to function fully and efficiently, as well as to make sure the Appeals Court does not stop operating and urges all involved to swiftly conclude the appointment process;
Amendment 112 #
2019/2170(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the fact that the High Court has regained its ability to function and that it has been reviewing more than a thousand cases, and encourages it to make further progress in the appointment of additional judges and to develop a plan to recover its backlog;
Amendment 119 #
2019/2170(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls the need to improve transparency and control of political party funding under the amended Law on Political Party Financing;
Amendment 122 #
2019/2170(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes the importance of effectively implement the recommendations of the Albanian Supreme State Audit Institution;
Amendment 126 #
2019/2170(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the increase in proactive investigations, prosecutions and final convictions targeting illicit wealth and money laundering, leading to the systematic freezing and seizure of criminal assets, and calls for their further intensification, in line with the principles of judicial independence, due process and fair trial;
Amendment 128 #
2019/2170(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines the importance of the continuing efforts and systemic improvements in tackling human, firearms and counterfeit goods’ trafficking, along with the cyber-crime and terrorist threats;
Amendment 133 #
2019/2170(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses its support for inclusive policies and calls for progress to be made in adopting measures to effectively protect the fundamental freedoms and rights of all citizens, with a special focus on women, children, persons with disabilities, ethnic minorities and LGBTQI+ persons;
Amendment 135 #
2019/2170(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that the National Action Plan for LGBTI Issues 2016-2020 has expired; Calls on the government to develop the new action plan in a transparent and inclusive process in consultation with civil society and ensure appropriate resources are assigned for its implementation;
Amendment 140 #
2019/2170(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the decision to eliminate the unacceptable "conversion therapy", strengthening the right to gender identity and gender expression;
Amendment 146 #
2019/2170(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the creation of an effective mechanism for the prevention of gender- based and domestic violence and harassment, exacerbated by the COVID- 19 pandemic, and for protection and support to be given to its victims, combined with the effective and efficient prosecution of its perpetrators;
Amendment 150 #
2019/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living conditions of Roma and other ethnic minorities; welcomes the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process, urges the authorities to advance Roma integration policies in line with the EU Roma strategic framework;
Amendment 152 #
2019/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reminds Albania of its calls forto ensure non-discriminatory access to public services and further improvements to be made in the education and health, and the employment rates and living conditions of Roma and other ethnic minorities;
Amendment 153 #
2019/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living conditions of Roma, Egyptians and other ethnic minorities;
Amendment 163 #
2019/2170(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages Albania to make further progress on measures consolidating property registration, restitution and compensation rights, implementing the law on transitional ownership, and completing the comprehensive land sector reform;
Amendment 166 #
2019/2170(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes Albania’s efforts in promoting tolerance, inter-religious harmony and addressing prejudice and discrimination, including antisemitism, as affirmed by the parliamentary approval of the International Holocaust Remembrance Alliance’s definition of anti-Semitism;
Amendment 169 #
2019/2170(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the authorities to ensure that the right to peaceful assembly is respected, and during state of emergency or state of natural disaster the restrictions to public gatherings are applied fairly;
Amendment 172 #
2019/2170(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls the authorities’ obligation to ensure due process for asylum seekers in compliance with Albania’s international obligations, and to properly address the needs of refugees, asylum seekers and migrants, while increasing preparedness for potential increases in migratory flows; calls for increased capacities to process asylum requests and investigations into the reported cases of breaches of the return procedures;
Amendment 177 #
2019/2170(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that border protection and the prevention of cross-border crime, including in cooperation with the European Border and Coast Guard Agency (Frontex), must be conducted in full respect for fundamental rights, enshrined in applicable international and regional laws and principles;
Amendment 180 #
2019/2170(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the ongoing efforts being made and urges the authorities to take a robust approach in preventing, investigating, prosecuting and punishing human trafficking and the exploitation of its victims, who include children and other vulnerable groups, to increase reintegration services and ensure witness protection;
Amendment 184 #
2019/2170(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the ongoing measures and calls for further progress to be made in considerably reducing the number of unfounded asylum claims by Albanian nationals, including the arrivals of unaccompanied minors, in the EU Member States; notes that Albania continues to fulfil visa liberalisation benchmarks;
Amendment 185 #
2019/2170(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes the importance of addressing allegations of police misconduct and to eradicate ill-treatment of suspects and prisoners;
Amendment 187 #
2019/2170(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines the need to improve the climate for the functioning of civil society and urges the authorities to ensure meaningful, timely and representative consultations, and to enhance throughout the decision- making at different governance levels and to enhance the legal and fiscal framework, improving the financial sustainability of the non-governmental sector;
Amendment 189 #
2019/2170(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Stresses the importance of consultation and participation of civil society organizations on the regular function of society; Notes that this involvement is of paramount importance to the participation of citizens in the life of the country;
Amendment 190 #
2019/2170(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the importance of ensuring quality journalism and media literacy for the functioning of democracy and in tackling disinformation, hate speech and fake-news; stresses the importance of increasing the levels of media literacy in Albania;
Amendment 193 #
2019/2170(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Underlines the need to strengthen self-regulation, ethics, independence, impartiality, financial sustainability and reporting quality of public and private media outlets and to enhance transparency of the media ownership, funding and public advertising; notes the need to improve labour and social conditions of the media professionals in order to ensure quality journalism;
Amendment 198 #
2019/2170(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Expresses grave concern about the proposed measures under the draft media law and welcomes the commitment to adopt amendments only if they are publicly shared in a consultation process with civil society, journalists and media organisations and assessed as being fully in line with the Venice Commission’s recommendations;
Amendment 205 #
2019/2170(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Encourages the Albanian Government to prioritise measures aimed at mitigating the socio-economic impact of the COVID-19 pandemic, with particular consideration for marginalised and vulnerable groups such as Roma, Egyptians and the LGBTQI+ community, while taking further steps to enhance the representativeness of the social dialogue and to tackle the widespread informal economy;
Amendment 206 #
2019/2170(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Encourages the Albanian Government to prioritise measures aimed at mitigating the socio-economic impact of the COVID-19 pandemic, while taking further steps to improve diversification, competitiveness, and digitalisation, enhance the representativeness of the social dialogue and to tackle the widespread informal economy;
Amendment 209 #
2019/2170(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses the need to substantially strengthen social care coverage and improve access to social and healthcare services in order to reduce the risk of poverty and social exclusion;
Amendment 212 #
2019/2170(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls for the measures addressing the demographic decline and the brain drain to be stepped up through active labour market policies that address skills mismatches and reduce long-term unemployment, as well as by addressing problems relating to housing and access to education;
Amendment 213 #
2019/2170(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls for the measures addressing the demographic decline and the brain drain to be stepped up through active labour market policies that address skills mismatches and reduce long-term unemployment, particularly among the youth and the most excluded/marginalised groups;
Amendment 216 #
2019/2170(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes the positive trends in women’s participation in politics, and calls for additional steps to address thegender imbalances, gender pay gap and workplace discrimination;
Amendment 217 #
2019/2170(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Recalls that sustainable growth depends on eradication of endemic corruption, improved transparency, legal certainty and efficiency, fair competition and reduction of bureaucracy;
Amendment 218 #
2019/2170(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Calls for adequate co-financing and further improvements in transparency and visibility of the EU funding;
Amendment 220 #
2019/2170(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Stresses that the EU Investment Plan for the Western Balkans should play an important role on the fight against the demographic decline and the brain drain, developing tools to address this problem;
Amendment 223 #
2019/2170(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Underlines that planning and construction of eco-sensitive projects, including hydropower, industrial and tourist sites, must be conducted under a broad country-wide stakeholder consultation with the civil society and local communities and must comply with international and EU norms on impact assessments and environmental protection;
Amendment 229 #
2019/2170(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Recalls the need to overhaul the Fierza Hydro Power Plant and construct the Skavica Hydro Power Plant;
Amendment 234 #
2019/2170(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Urges the authorities to ensure full compliance with the Energy Community Treaty; underlines the contribution of the newly launched trans-Adriatic pipeline, and upcoming connection of the converted Vlora thermal plant, to regional energy security;
Amendment 241 #
2019/2170(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for continuing progress in strengthening strategic transport networks in line with the trans-European transport network (TEN-T) regulatory framework and advance work on the Albanian sections of the “Blue Highway“;
Amendment 242 #
2019/2170(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Recalls the need to complete the railway sector reforms and advance the Tirana-Podgorica-Durrës rail connection;
Amendment 243 #
2019/2170(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Recalls the need to complete the electricity market reform and put in place Bitola-Elbasan electricity interconnector with North Macedonia;
Amendment 245 #
2019/2170(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Recalls the need to prioritise setting up of an integrated regional waste management system, promote recycling, close hazardous dumpsites, address deforestation, step-up water quality monitoring and wastewater treatment capacities and strengthen the capacities of the agencies on environment and protected areas;
Amendment 257 #
2019/2170(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Recalls that regional cooperation should be underpinned by respect for fundamental European values and a common future in the EU;
Amendment 258 #
2019/2170(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Calls upon all political leaders to take urgent steps to set up the Regional Commission tasked with establishing the facts about all victims of war crimes and other serious human rights violations committed on the territory of the former Yugoslavia (RECOM), building upon the significant work carried out by the Coalition for RECOM;
Amendment 263 #
2019/2170(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Welcomes Albania’s ongoing full alignment with the common foreign and security policy decisions and declarations since 2012 and its active contribution to the EU crisis management missions and operations; urges Albania to comply with the EU position on the jurisdiction of the International Criminal Court;
Amendment 1 #
2019/2169(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas in accordance with Article 2 of the TEU, the European Union is founded on respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights;
Amendment 4 #
2019/2169(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Article 151 of the Treaty on the Functioning of the European Union (TFEU) refers to fundamental social rights such as those set out in the European Social Charter; while also recognising the importance of the European Pillar of Social Rights;
Amendment 22 #
2019/2169(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that inequality and different forms of GBV towards women and girls has increased during the Covid-19 crisis; calls for this to be duly considered in the Gender Equality Strategy; further calling for specific measures to be implemented as a response to these developments;
Amendment 42 #
2019/2169(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for effective prevention of gender inequality and GBV, including educational measures directed to and implemented with young people, as well as ensuring all young people benefit from comprehensive sexuality education;
Amendment 63 #
2019/2169(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that women engaged in the sex industry, including in prostitution, due to poverty discrimination or other types of distress, experience sexualised violence and abuse on a daily basis; calls for targeted measures to ensure sexual freedom and independence for all women;
Amendment 78 #
2019/2169(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Abhors the continuous attacks on women’s sexual and reproductive health and rights, including the right to safe abortion; calls for resilient measures to ensure the enjoyment of these rights for all women;
Amendment 86 #
2019/2169(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for disaggregated data collection on gender equality and the submission of annual reports on the state of implementation of the Gender Equality Strategy;
Amendment 7 #
2019/2125(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted on 24 June 2013,
Amendment 30 #
2019/2125(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Yogyakarta Principles (‘Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics’) adopted in November 2006, and the 10 complementary principles (‘plus 10’) adopted on 10 November 2017,
Amendment 51 #
2019/2125(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to its resolution of 14 February 2018 on the future of the LGBTI List of Actions (2019-2024) (2019/2573(RSP)),
Amendment 94 #
2019/2125(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern at the attacks on democracy and the rule of law worldwide in 2018, which reflect the rise of authoritarianism as a political project, embodying disregard for human rights, repression of dissent, politicised justice and predetermined elections, shrinking space for civil society to operate, as well as limiting freedom of assembly and freedom of expression; is of the opinion that countries falling into authoritarian regimes become more vulnerable to instability, conflict, corruption and violent extremism; welcomes the fact that, at the same time, a number of countries have launched peace and democratisation processes, implemented constitutional and judicial reforms, and engaged with civil society in open and public debates with the objective of promoting fundamental freedoms and human rights, including the abolition of the death penalty;
Amendment 103 #
2019/2125(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that there can be no hierarchy of human rights; stresses the need to ensure full respect for, and adherence to, the principle that human rights are universal and inalienable, indivisible, interdependent and interrelated; stresses the severe unacceptability of attempts to use the rights of certain groups to justify the marginalisation of others;
Amendment 145 #
2019/2125(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that respecting and promoting the rights of the child, fighting against all manifestations of abuse, neglect, mistreatment, the trafficking and exploitation of children, including the use of child soldiers in armed conflict, and providing children with care and education are crucial to the future of humanity;
Amendment 154 #
2019/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to instances of persecution and discrimination based on ethnicity, nationality, class, caste, religion, belief, language, sexual orientation, gender identity, sex characteristics and age, which remain rife in many countries and societies; is seriously concerned at the increasingly intolerant and hate-filled responses targeting people who are the victims of these human rights violations;
Amendment 174 #
2019/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that freedom of speech and expression, as well as media pluralism, are at the heart of resilient democratic societies; urges that the best possible safeguards against hate speech, disinformation campaigns and hostile propaganda be put in place by developing a legal framework both at EU and international level for tackling hybrid threats, including cyber and information warfare;
Amendment 202 #
2019/2125(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that trade and human rights reinforce each other, and that the business community has an important role to play in offering positive incentives in terms of promoting human rights, democracy and corporate responsibility; reminds the Commission and the European External Action Service (EEAS) of the need to make effective use of human rights clauses within international agreements, based on political dialogue, the regular assessment of progress and recourse to the consultation procedure upon request from a party; requests that robust implementation and monitoring mechanisms of human rights clauses be put in place, involving Parliament, national and local civil society and relevant international organisations, as well as establishing a complaints mechanism for groups of citizens and stakeholders who are affected by human rights violations;
Amendment 239 #
2019/2125(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the link between the increase in human rights violations and widespread impunity and the lack of accountability in regions and countries devastated by conflicts or marked by politically motivated intimidation, discrimination, harassment and assault, abduction, violent policing, arbitrary arrests and cases of torture; stresses also that in conflicts, minorities and marginalised groups are often particularly severely impacted;
Amendment 278 #
2019/2125(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the invaluable and essential role that HRDs play at the risk of their lives; recommends strengthening cooperation between the EU institutions and the Member States, enabling them to provide continuous support to HRDs; values the ‘ProtectDefenders.eu’ mechanism established to protect HRDs at grave risk; calls on the Council and the Commission to establish a specific coordinated procedure for awarding visas to HRDs; calls on the Commission to make full use of the financial capacity of the European Instrument for Democracy and Human Rights (EIDHR) to support HRDs, ensuring it is accessible and reaches those most in need, who are most marginalised;
Amendment 331 #
2019/2125(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for new EU initiatives to prevent and combat child abuse in the world, to rehabilitate conflict-affected children and children that suffer from multiple and intersectional discrimination, and to provide them with a sheltered environment in which care and education are fundamental; calls for the EU to initiate an international movement to advocate the rights of the child, inter alia by organising an international conference on the protection of children in fragile environments;
Amendment 347 #
2019/2125(INI)
Motion for a resolution
Subheading 8 a (new)
Subheading 8 a (new)
Rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons
Amendment 356 #
2019/2125(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Strongly supports the Commission List of actions to advance LGBTI equality and the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons for external action from 2013, as important elements of the EU’s ongoing efforts to improve the human rights of LGBTI people, in line with the 2030 Sustainable Development Goals; calls on the Commission/EEAS to continue the work on protecting and furthering the human rights of LGBTI people, by working closely with international organisations and non-EU countries, in order to combat discrimination and human rights violations, as well as support the development of legislation and policies protecting the human rights of LGBTI people worldwide;
Amendment 476 #
2019/2125(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that the EU should continue to actively support democratic and effective human rights institutions and civil society in their efforts to promote democratisation; reminds that human rights are a fundamental corner stone of democratisation processes; positively notes, in this context, the European Endowment for Democracy’s consistent engagement in the eastern and southern neighbourhoods of the EU to promote democracy and respect for fundamental rights and freedoms; recalls that the experience gained and the lessons learned from transitions to democracy in the framework of the enlargement and neighbourhood policies could make a positive contribution to the identification of best practices that could be used to support and consolidate other democratisation processes worldwide;
Amendment 37 #
2018/2121(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that current international and national tax rules were mostly conceived in the early 20th century; asserts that there is an urgent need for reform of the rules, so that international, EU and national tax systems are fit for the new economic, social and technologic challenges of the 21st century; notes the broad understanding that current tax systems are not equipped to keep up with these developments and ensure that all market participants pay fairtheir fair share of taxes;
Amendment 50 #
2018/2121(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that Parliament has made a substantial contribution to the fight against financial crimes, tax evasion and tax avoidance as uncovered in the LuxLeaks, Panama Papers and, Paradise Papers, Football Leaks, Bahamas Leaks, and CumEx cases, notably with the work of the TAXE, TAX2 and TAX3 Special Committees, the PANA inquiry committee and the ECON committee;
Amendment 61 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Deplores the fact that some EU Member States confiscate the tax base of other Member States by attracting profits generated elsewhere, thereby allowing companies to artificially lower their tax base; upholds that this practice not only harms the principle of EU solidarity, but also produces a wealth redistribution towards multinationals and their shareholders, at the expense of EU citizens; supports the important work by academics and journalists who help to shed light on these practices;
Amendment 77 #
2018/2121(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deplores again ‘the lack of reliable and unbiased statistics on the magnitude of tax avoidance and tax evasion [and] stresses the importance of developing appropriate and transparent methodologies to quantify the scale of these phenomena, as well as their impact on countries’ public finances, economic activities and public investments’; further deplores the lack of reliable quantitative assessment of the extent of financial crimes, tax evasion and tax avoidance;
Amendment 89 #
2018/2121(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that close to 40 % of MNEs’ profits are shifted to tax havens globally each year25 ; _________________with some European Union countries appearing to be the prime losers of profit shifting, because 35% of shifted profits come from EU countries, followed by developing countries (30%)1a; deplores that Ireland is the number one shifting destination, followed by Singapore, the Netherlands, Caribbean tax havens and Switzerland1b; deplores furthermore that about 80% of the profits shifted within the EU are shifted to the EU tax havens, primarily Ireland, Luxembourg and the Netherlands1c; [3] _________________ 1a Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1b Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1c Tørsløv, Wier and Zucman ‘Themissing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 25 Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018.
Amendment 133 #
2018/2121(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that the payment of taxes is both an essential corporate contribution to society and a tool for good governance and is therefore a requirement for responsible business practices; stresses the need to include harmful tax practices in the scope of mandatory reporting on corporate social responsibility (CSR);
Amendment 142 #
2018/2121(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call on companies, as taxpayers, to fully comply with their tax obligations and refrain from aggressive tax planning leading to BEPS, and to consider fair taxation strategy as an important part of their corporate social responsibility and of their implementation of the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises;
Amendment 148 #
2018/2121(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges furthermore the Member States taking part in the enhanced cooperation procedure to agree as quickly as possible on the adoption of a Financial Transaction Tax (FTT);
Amendment 155 #
2018/2121(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that taxes must be paid in the jurisdictions where the actual substantive and genuine economic activity and value creation takes place or, in case of indirect taxation, where consumption takes place; highlights that this can only be achieved by adopting the common Consolidated Corporate Tax Base (CCCTB); advocates for the inclusion of fair allocation of taxing rights on the agenda of current international tax negotiations, notably at OECD and UN levels;
Amendment 170 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that between 1985 and 2018, the global average statutory corporate tax rate has fallen from 49% to 24%1a ; notes that nominal corporate tax rates have decreased by 46% since 2000 at EU level –from an average of 32% in 2000 to 21,9% in 20181b; is concerned about a growing race to the bottom on nominal corporate tax rates at both international and EU levels; regrets that international tax reform such as G20/OECD led BEPS project did not touch upon this unfair tax competition; calls for a second set of international tax reforms aiming at tackling tax competition among countries and ensuring a fair allocation of taxing rights; underlines it is necessary to give a greater role to the UN Committee of Experts on International Cooperation in Tax Matters in the next reform of international tax rules; _________________ 1a Tørsløv, Wier and Zucman ‘Themissing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1b Taxation trend in the EU, Table 3:Top statutory corporate income tax rates (including surcharges), 1995- 2018,European Commission 2018
Amendment 174 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Deplores the imbalance between taxes paid on corporate and capital income and on labour; points out that such distribution of tax burden is unsustainable in view of the expected massive changes in the labour market due to increased robotisation and digitalisation and poses a serious risk to social cohesion;
Amendment 177 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Affirms that a fair and effective solution to tax dumping and aggressive tax competition would reside in the setting of a minimum corporate tax rate; calls for the adoption of a coordinated level of minimum effective taxation at European level through a combination of anti-abuse measures and limitation to tax deductions; asks the European Commission to consider proposing a legislative package aiming at ensuring a minimum effective level of taxation;
Amendment 179 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16 d. Takes note that traditional sectors pay in average an effective corporate tax rate of 23% while the digital sector pays about 9,5%1a; asks the European Commission to carry out and release an in depth study on effective level of corporate taxation within the EU and develop a proposal fora coordinated level of minimum taxation within the EU; _________________ 1a COM(2018) 146 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEANPARLIAMENT AND THE COUNCIL Time to establish a modern, fair and efficient taxation standard for the digital economy
Amendment 198 #
2018/2121(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the G20/OECD 15-point BEPS action plan 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; highlights the need to ensure that all countries participate on an equal footing;
Amendment 205 #
2018/2121(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that some countries have recently adopted unilateral countermeasures against harmful tax practices (such as the UK’s Diverted Profits Tax and the Global Intangible Low- Taxed Income (GILTI) provisions of the US tax reform) to ensure that the foreign income of MNEs is duly taxed at a minimum effective tax rate in the parent’s country of residence; calls for an EU assessment of these measuresnotes that, in contrast to these unilateral measures, the EU generally promotes multilateral and consensual solutions to deal with a fair allocation of taxing rights, and, therefore, calls for an EU assessment of these measures; stresses that the EU prioritises a global solution when it comes to taxing the digital sector but is proposing a Digital Services Tax as global discussions seem currently locked;
Amendment 214 #
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 they 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); asks the European Commission to make a legislative proposal reinforcing CFC rules, including a criteria on an actual corporate tax paid on profits lower than 18%;
Amendment 218 #
2018/2121(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the general anti-abuse rule for the purposes of calculating corporate tax liability included in ATAD I, allowing Member States to ignore arrangements that are not genuine and having regard to all relevant facts and circumstances aimed at obtaining a tax advantage; reiterates its repeated call for the adoption of a general and common anti- abuse rule, namely in existing legislation and in particular in the parent-subsidiary directive, the merger directive and the interest and royalties directive; calls on Member States to consider a general anti- abuse rule including a minimum effective tax rate of 18%;
Amendment 244 #
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 gap; calls on all Member States to evaluate if the tools of the authorities are sufficient and adequate to use this information; points out the importance of combining different sets of information in order to identify patterns which indicate suspicious activity and can thereby help to discover financial crimes, tax evasion or tax avoidance;
Amendment 252 #
2018/2121(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact that Member States’ tax systems and overall tax environment have become part of 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; calls for these new tax indicators for the European Semester to be given the same rank as the indicators relating to expenditure control; underlines the interest of providing the European Semester with this tax dimension, as it will make it possible to tackle certain harmful tax practices that had not been tackled until now through the ATAD Directive and other existing European regulations; _________________ 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 263 #
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; stresses that tax reliefs for companies need to be carefully constructed and implemented only where their positive impact on jobs and growth is evident and any risk of creating new loopholes in the taxation system is excluded; 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; however continues to express its concern about new deductions for R&D expenditure included in the CCTB proposal and which could create opportunities for artificially reducing the tax base;
Amendment 271 #
2018/2121(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Council, assisted by the European Commission, to define a comprehensive and exhaustive list of potential harmful tax practices within the EU, to be updated every year; demands that criteria aiming at identifying harmful tax practices include, notably, schemes allowing for a large deduction of corporate income tax without benefiting the real local economy;
Amendment 284 #
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,stresses that once implemented fully, the CCCTB will make it possible to attribute income to where the value is created and will eliminate loopholes between national tax systems, in particular transfer pricing; calls on the Council to swiftly adopt and implement the two proposals side by side 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 290 #
2018/2121(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Recalls that to end the practice of profit shifting and to introduce the principle that tax is paid where profit is generated, the CCTB and CCCTB should be introduced simultaneously in all Member States; calls on the Commission to issue a new proposal based on Article 116 of the Treaty on the Functioning of the European Union, whereby the European Parliament and the Council act in accordance with the ordinary legislative procedure to issue the necessary legislation, should the Council fail to adopt a unanimous decision on the proposal to establish a CCCTB;
Amendment 300 #
2018/2121(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes 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 ; deplores that digital businesses pay almost no taxes in some Member States despite their significant digital presence and large revenues in those Member States; reminds that, when it comes to the digitalisation of the whole economy, the location of the value creation should take into account the input from users as well as information collected on consumers' behaviour online; _________________ 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 334 #
2018/2121(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Notes that, across the political spectrum, and across Europe, there is an overwhelming support for a digital tax; recalls that surveys show that 80% of citizens from Germany, France, Austria, the Netherlands, Sweden and Denmark are supportive of a Digital Service Tax (DST) and that 80% of the citizens think that the EU should not wait for international efforts before it undertakes such a step; underlines furthermore that a majority of the surveyed citizens want a broad scope for a digital service tax, which includes services providing digital content and e-commerce1a; _________________ 1a KiesKompas, Public Perception towards taxing digital companies in six countries https://policies.kieskompas.nl/digital-tax- report.pdf,December 2018
Amendment 339 #
2018/2121(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls on Member States to ensure that the ‘Digital Services Tax’ remains a temporary measure by including a ‘sunset clause’ to the proposal for a Council Directive on the common system of a digital services tax on revenues resulting from the provision of certain digital services and by speeding up the discussion on a Significant Digital Presence1a ; _________________ 1a Proposal for a Council Directive laying down rules relating to the corporate taxation of a significant digital presence COM(2018) 147 final
Amendment 376 #
2018/2121(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Notes the magnitude of the CumEx scandal, which according to some estimates, has taken EUR 55 billion from public coffers in the EU; observes that the "CumEx files" reveal a lack of cooperation between Member States' tax authorities and failures of the current system of exchange of information as some Member States were reportedly aware of these fraudulent tax practices but waited several years to inform other Member States; calls for a regulation of dividend arbitrage practices, preventing "CumEx" and "CumCum" schemes in the future, by putting the burden of proof of ownership of the dividends on the foreign beneficiary; calls on the European legislators to evaluate the possibility of implementing this measure at EU level;
Amendment 379 #
2018/2121(INI)
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44b. Further notes that the French Senate, in an effort to combat the practice of dividend arbitrage, has tabled an amendment to the draft budget bill that would make it possible to withhold 30 % of the value of the transaction to a foreign beneficiary, to be reimbursed a posteriori if they prove that they are the ultimate beneficial owner; calls on the EU legislators to evaluate the possibility of implementing this measure at EU level;
Amendment 395 #
2018/2121(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. SRecalls that public CBCR is one of the key measures to find greater transparency on tax information of companies for all citizens; 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 this public nature is essential for civil society, investigative journalists, investors and other stakeholders, in particular, to whom the information is useful to assess potential risks and liabilities; 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 Council so that it enters into negotiations with Parliament;
Amendment 407 #
2018/2121(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls on the Commission and the Council to create a mandatory standardised public European Business Register in order to gain up-to-date and trustworthy information on companies and to achieve transparency via cross- border access to comparable and reliable information of companies in the EU;
Amendment 425 #
2018/2121(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49a. Deplores the fact that companies can make agreements with governments to pay almost no tax in a given country despite conducting substantial activity; points in this light to a tax ruling between the Dutch tax revenue authority and Royal Dutch Shell plc that seems to be in violation of Dutch tax law on the sole ground that the head office would be located in the Netherlands after the unification of the two former parent companies, which results in an exemption from Dutch dividend withholding tax, while at the same time recent investigations seem to show that the company pays no profit tax in The Netherlands either; reiterates its call on the Commission to investigate this case of potential illegal state aid;
Amendment 444 #
2018/2121(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Notes that there is no single definition of letterbox companieHighlights that companies create cross-border operations and corporate constructions including artificial arrangements in order to avoid or circumvent national tax law; stresses that company mobility should not lead to forum shopping; notes that there is no single definition of letterbox companies; reiterates its call for a clear definition; stresses that the requirement of genuine economic activity in the destination Member States can prevent the creation of a letterbox company through a cross- border operation, as proposed in the draft report for the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions;
Amendment 519 #
2018/2121(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Welcomes that a VAT Mini One Stop Shop (MOSS) on telecommunications, broadcasting and electronic services was introduced in 2015 as a voluntary system for registration, declaration and payment of VAT; welcomes the extension of the MOSS to other supplies of goods and services to final consumers as of 1 January 2021;
Amendment 549 #
2018/2121(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and Eurofisc to rapidly conclude their investigations on the Isle of Man’s VAT collection practices on privateWelcomes the infringement procedures opened by the Commission on 8 November 2018 against Italy and the Isle of Man to ensure that they put an end on illegal tax breaks for yachts and aircraft, as revealed by the Paradise pPapers; and, if necessary, to open infringement procedures;
Amendment 552 #
2018/2121(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. WNotes that the Commission has recently proposed additional control tools and an enhanced role for Eurofisc as well as mechanisms for closer cooperation between customs and tax administrations and greater involvement of the European Public Prosecutor's Office; welcomes the adoption of the Protection of Financial Interests (PIF) Directive53 which clarifies the issues of cross-border cooperation and mutual legal assistance between Member States, Eurojust, the European Public Prosecutor’s Office (EPPO), the European Anti-Fraud Office (OLAF) and the Commission in tackling VAT fraud; _________________ 53 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, in particular Articles 3 and 15 thereof.
Amendment 555 #
2018/2121(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Points, however, to the need for better cooperation between the administrative, judicial and law- enforcement authorities within the EU, as highlighted by experts during the hearing held on 28 June 2018 and in a study commissioned by the TAX3 Committee; calls on the EPPO, OLAF, Eurofisc, Europol and Eurojust to closely cooperate with a view to coordinating their efforts against VAT fraud and to identifying and adapting to new fraudulent practices;
Amendment 567 #
2018/2121(INI)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78a. Calls on Member States to mandate Eurofisc to develop new strategies to track goods under Customs procedure 42, the mechanism which allows the importer to obtain a VAT exemption when the imported goods are intended to be eventually transported to a business customer in another Member State than the Member State of importation;
Amendment 581 #
2018/2121(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Emphasises that natural persons do not generally exercise their freedom of movement for the purposes of tax fraud, tax evasion and aggressive tax planning; underlines, however, that some natural persons have a tax base large enough to span several tax jurisdictions; stresses that tax evasion is highly concentrated among the rich, with the 0.01% richest households evading about 25% of their taxes1a; _________________ 1a Alstadsæter, Johannesen & Zucman: Tax Evasion and Inequality; October 2018
Amendment 635 #
2018/2121(INI)
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87a. Alerts for the dangers of CBI and RBI schemes allowing associated family reunification, whereby family members of CBI/RBI beneficiaries can acquire residence or citizenship with minimum or no checks;
Amendment 683 #
2018/2121(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. Condemns Member States implementing CBI and RBI schemes in opaque circumstances and without proper enforcement of AML controls; urges Member States which operate these schemes to publish annually the names and nationalities of beneficiaries of CBI and RBI and their relatives in order to minimise risks of money laundering, tax crimes and related criminality;
Amendment 708 #
2018/2121(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Calls on the Commission to table a legislative proposal to ensure the automatic exchange of information between the relevant authorities, including tax and customs authorities, on beneficial ownership and relevant transactions for taxation purposes taking place in free ports, customs warehouses or SEZs;
Amendment 711 #
Amendment 721 #
2018/2121(INI)
104. Calls on the Commission to assess past amnesty programmes enacted by Member States, and, in particular, the public revenues recovered and their impact in the medium and long term on tax base volatility; urges Member States to ensure that relevant data related to the beneficiaries of previous and future tax amnesties is duly shared with the judiciary, law enforcement, and tax authorities, to ensure compliance with AML/CFT rules and possible prosecution for other financial crimes;
Amendment 747 #
2018/2121(INI)
Motion for a resolution
Paragraph 110 a (new)
Paragraph 110 a (new)
110 a. Welcomes the Action Plan adopted by the Council on the 4th of December 2018, including several non-legislative measures to better tackle money laundering and terrorist financing in the EU; requests the Commission to regularly update the Parliament on the progress of the implementation of the Action Plan;
Amendment 748 #
2018/2121(INI)
Motion for a resolution
Paragraph 110 b (new)
Paragraph 110 b (new)
110 b. Is concerned by the absence of concrete procedures to assess and review the probity of members of the governing council of the European Central Bank, in particular when they are formally accused of criminal activity; calls for mechanisms to monitor and review the conduct and propriety of the members of the governing council of the European Central Bank and to protect them in case of abuse of power by the authority that has the appointment power;
Amendment 751 #
2018/2121(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111 a. Stresses the continued use of cash in cases of money laundering; highlights the new Regulation on controls on cash entering or leaving the Union, which harmonises and expands controls on large sums of cash and highly liquid stores of value; regrets that while rules on the EU external borders are harmonised, rules among Member States concerning cash movements within EU borders vary;
Amendment 754 #
2018/2121(INI)
Motion for a resolution
Paragraph 111 b (new)
Paragraph 111 b (new)
111 b. Notes that high-denomination euro notes provide a way to move large amounts of cash and thus potentially evade AML controls; welcomes that the ECB announced in 2016 it would no longer issue new €500 notes (even though the outstanding stock remains legal tender); calls on the ECB to extend this action to the €200 notes and for determining the phasing out of the ability to use of both €500 and €200 notes;
Amendment 759 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 a (new)
Paragraph 112 a (new)
112 a. Notes the positive results of the UK law establishing the Unexplained Wealth Order (UWO) in tracking proceeds of criminal activities; highlights that a UWO is a court order that requires a person who is reasonably suspected of involvement in, or of being connected to a person involved in, serious crime to explain the nature and extent of their interest in particular property, and to explain how the property was obtained, where there are reasonable grounds to suspect that the respondent’s known lawfully obtained income would be insufficient to allow the respondent to obtain the property; calls on the Commission to assess the feasibility of proposing a similar measure through EU legislation and report back to Parliament;
Amendment 762 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 b (new)
Paragraph 112 b (new)
112 b. Welcomes the decision in some Member States to ban the issuing of bearer shares and to convert the current ones into nominal securities; reiterates its call on the Commission to propose EU- wide legislation to the same effect;
Amendment 763 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 c (new)
Paragraph 112 c (new)
112 c. Stresses the urgent need to create a more efficient system for communication and information exchange among judicial authorities within the EU, replacing the traditional instruments of mutual legal assistance in criminal matters, which provide lengthy and burdensome procedures harming investigations of money laundering and other serious crimes; reiterates its call on the Commission to assess the need for legislative action in this field;
Amendment 764 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 d (new)
Paragraph 112 d (new)
112 d. Calls on the Commission to assess and report to Parliament about the role and particular risks presented by legal arrangements such as Special Purpose Vehicles (SPVs), Special Purpose Entities (SPEs) and Non Charitable Purpose Trusts (NCPTs) in money laundering, particularly in the UK, and Crown Dependencies and Overseas territories;
Amendment 765 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 e (new)
Paragraph 112 e (new)
112 e. Urges Member States to fully comply with AML legislation when issuing sovereign bonds on the financial markets; recalls that money laundering and financing of terrorism takes many forms and that due diligence in such financial operations is strictly necessary;
Amendment 806 #
2018/2121(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Notes that the recent scandals affecting banks in Malta, Latvia, Estonia, the Netherlands, Germany and Denmark reveal the failure of supervision by national anti-money laundering authorities; highlights, at the same time, that ESAs have limited abilities to take a more substantial role in the anti-money laundering field due to tight resources coupled with a lack of appropriate powers;
Amendment 808 #
2018/2121(INI)
Motion for a resolution
Paragraph 122
Paragraph 122
122. Calls for an assessment of long- term objectives leading to an enhanced AML/CFT framework as mentioned in the ‘Reflection Paper on possible elements of a Roadmap for seamless cooperation between Anti Money Laundering and Prudential Supervisors in the European Union’, such as the establishment at EU level of a mechanism to better coordinate the activities of AML/CFT supervisors of financial sector entities, notably in situations where AML/CFT concerns are likely to have cross-border effects, and a possible centralisation of AML supervision via an existing or new Union body empowered to enforce harmonised rul; calls therefore for a European Anti-money Laundering Authority with adequate supervision, investigation and enforcement powers of both financial and non-financial obliged entities aund practiceser the AMLD;
Amendment 825 #
2018/2121(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Notes the concerns expressed by the EBA with regards to the implementation of the Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms1a; welcomes the suggestions made by the EBA to tackle the deficiencies caused by the current Union legal framework; _________________ 1a https://www.eba.europa.eu/documents/101 80/2101654/Letter+to+Tiina+Astola+on+t he+request+to+investigate+a+possible+B UL+under+Article+17+of+Regulation+% 28EU%29%20No+10932010+- +24092018.pdf
Amendment 827 #
2018/2121(INI)
Motion for a resolution
Subheading 5.2
Subheading 5.2
Cooperation between financial intelligence units (FIUs) and law enforcement
Amendment 833 #
2018/2121(INI)
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Highlights that the fight against money laundering and tax evasion also requires good cooperation between FIUs and customs authorities;
Amendment 858 #
2018/2121(INI)
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Notes the Commission’s assessment of the framework for FIUs’ cooperation with third countries and obstacles and opportunities to enhance cooperation between FIUs in the Union including the possibility of establishing an EU level coordination and support mechanism; recalls that according to the AMLD5 this assessment should be ready by 1 June 2019; asks the Commission to consider this opportunity to make a legislative proposal for a EU Financial Intelligence Unit, creating a hub for joint investigative work and coordination, with its own remit of autonomy and investigatory competences on cross border financial criminality, and an early warning mechanism;
Amendment 863 #
2018/2121(INI)
Motion for a resolution
Paragraph 129 b (new)
Paragraph 129 b (new)
129 b. Calls on the Commission to draw up a report assessing the necessity of uniformisation or harmonisation of the organisational status conferred to FIUs in Member States, to ensure better cooperation and exchange of information, without interfering with their independence;
Amendment 864 #
2018/2121(INI)
129 c. Calls on the Commission to propose legislation for the creation of a European Financial Police within the framework of Europol, with its own autonomous investigatory competence, based on the European legal framework to tackle cross-border tax fraud, money laundering, financing of terrorism and predicate offences;
Amendment 870 #
2018/2121(INI)
Motion for a resolution
Paragraph 131 a (new)
Paragraph 131 a (new)
131 a. Takes note of the repeated calls from obliged entities, namely financial institutions, for proper channels of enhanced dialogue, communication and exchange of information between private bodies and public authorities, on one hand, and among obliged entities themselves, on the other, to provide less fragmented information to FIUs; calls on the Commission to draw up guidelines in accordance with the AMLD5, for Member States to implement at national level in this regard, namely using the mechanisms provided in the General Data Protection Regulation for secure and lawful exchange of data;
Amendment 881 #
2018/2121(INI)
Motion for a resolution
Paragraph 133 a (new)
Paragraph 133 a (new)
133 a. Calls on Member States to ensure that registers of beneficial owners contain verification mechanisms to ensure the accuracy of the data; calls on the Commission to make assessment of verification mechanisms and reliability of the data in its reviews;
Amendment 890 #
2018/2121(INI)
Motion for a resolution
Paragraph 136
Paragraph 136
136. Underscores the problem of money laundering through investment in real estate in European cities through foreign shell companies; recalls that the Commission should assess the necessity and proportionality of harmonising the information in the land and real estate registers and assess the need for the interconnection of those registers; takes the view that Member States should have in place publicly accessible information on ultimate beneficial ownership of land and real estate; calls on the Commission, if appropriate, to accompany the report with a legislative proposal;
Amendment 916 #
2018/2121(INI)
Motion for a resolution
Paragraph 140
Paragraph 140
140. Takes note of the expert-level work on electronic identification and remote KYC processes, which explores issues such as the possibility of financial institutions using electronic identification (e-ID) and of KYC portability to identify customers digitally; points out the advantages of having a European system of e-ID;
Amendment 920 #
2018/2121(INI)
Motion for a resolution
Paragraph 140 a (new)
Paragraph 140 a (new)
140 a. Urges the Commission to lead on creating a global framework regulating virtual currencies which takes into consideration the risks of these new technologies; recalls the dangers posed to consumers by Initial Coin Offerings (ICO’s) and urges the Commission to enact a proposal for their regulation as financial operations; notes in particular that cryptocurrencies' opacity can be used to facilitate money laundering and tax evasion; calls on the Commission to draft legislative proposals to ban certain anonymity measures on specific cryptocurrencies, on a case-by-case basis;
Amendment 949 #
2018/2121(INI)
Motion for a resolution
Paragraph 148
Paragraph 148
148. Recognises the effort made by some third countries to act decisively against BEPS; stresses, however, that such reforms should remain in line with existing WTO rules; considers the information gathered during the committee visit to Washington DC about the US tax reforms and their possible impact on international cooperation to be of particular importance; finds that some of the provisions of the US Tax Cuts and Jobs Act of 2017 would be incompatible with existing WTO rules according to some experts regrets certain provisions of the US tax reform seek, unilaterally and without any reciprocity, to revitalise transnational benefits attributable to US territory (presuming that these are generated, at least 50%, in US territory); welcomes the fact that the Commission is currently in the process of assessing the potential regulatory and commercial implications of, in particular, the BEAT, GILTI and FDII78 provisions of the new US tax reform; asks the Commission to inform Parliament of the results of the assessment; _________________ 78 Respectively ‘Base Erosion and Anti- Abuse Tax’ (BEAT), ‘Global Intangible Low Tax Income’ (GILTI) and ‘Foreign- Derived Intangible Income’ (FDII).
Amendment 977 #
2018/2121(INI)
Motion for a resolution
Paragraph 152
Paragraph 152
152. Deeply regrets the lack of transparency during the initial listing process by failing to ensure an objective application of the listing criteria laid down by ECOFIN, free from any political interference; welcomes, however, the improvement in transparency made by the disclosure of letters sent to jurisdictions screened by the CoC Group, as well as the set of commitment letters received; calls for all remaining undisclosed letters to be made publicly available to ensure scrutiny and proper implementation of commitments;
Amendment 982 #
2018/2121(INI)
Motion for a resolution
Paragraph 153
Paragraph 153
153. Welcomes the recent clarifications from the CoC Group on fair taxation criteria, especially regarding the lack of economic substance for jurisdictions having no corporate income tax rate or a rate close to 0 %; calls on the Member States to work towards the gradual improvement of the EU listing criteria to cover all harmful tax practices79 by determining a minimum level of effective taxation and by reviewing all potential harmful practices granting large tax exemptions or deductions which are disconnected from the domestic economy; regrets that the same criteria used to include the jurisdictions of third countries on the European list do not apply internally to Member States and that the EU consequently loses credibility to call on other countries to comply with standards of tax good governance; _________________ 79 Work on fair taxation criteria 2.1 and 2.2 of Council conclusions 14166/16 of 8 November 2016.
Amendment 984 #
2018/2121(INI)
Motion for a resolution
Paragraph 153 a (new)
Paragraph 153 a (new)
153 a. Welcomes the new OECD global standard on substantial activities factor to no or only nominal tax jurisdictions1a, largely inspired by the EU work on the EU listing process (Fair criterion 2.2 of the EU list); calls on EU Member States to push for a more ambitious global standard including a minimum level of effective taxation; _________________ 1a OECD, “Resumption of Application of Substantial Activities Factor to No or only Nominal Tax Jurisdictions Inclusive Framework on BEPS: Action 5”, http://www.oecd.org/tax/beps/resumption- of-application-of-substantial-activities- factors.pdf, 2018
Amendment 990 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 a (new)
Paragraph 154 a (new)
154 a. Recalls a research study showing that tax avoidance via six EU Member States results in a loss of 42.8 billion in tax revenue in the other 22 Member States1a, which means that the net payment position of these countries can be offset against the losses they inflict on the tax base of other Member States; notes for instance, that the Netherlands impose a net cost on the Union as a whole of 11.2 billion euro, which means the country is in fact not a net contributor but a net recipient; _________________ 1a http://gabriel- zucman.eu/files/TWZ2018.pdf
Amendment 997 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 b (new)
Paragraph 154 b (new)
154 b. Welcomes the expected review of the EU list in the first quarter of 2019; asks the Council to release a detailed assessment of commitments from jurisdictions which committed to reform and were listed on Annex II when the first EU list was released on December 5th2017; demands that jurisdictions listed on Annex II thanks to commitments made in 2017 are listed on Annex I if the due reforms have not been implemented by the end of 2018 or the agreed timeline;
Amendment 1000 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 c (new)
Paragraph 154 c (new)
154 c. Notes that developing countries might not possess the resources to implement newly agreed international or European tax standards and /or might have more urgent tax gap issues to tackle to ensure they generate sufficient revenues to provide for essential public services; subsequently calls on the Council to exclude counter measures such as cuts in development aid;
Amendment 1001 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 d (new)
Paragraph 154 d (new)
154 d. Notes that, according to data of the Organisation for Economic Cooperation and Development (OECD) on foreign direct investment, Luxembourg and the Netherlands combined have more inward investment than the US, the vast majority of which is in special-purpose entities with no substantial economic activity, and Ireland has more inward investment than either Germany or France; points out that, according to its National Statistics Office, foreign investment in Malta amounts to 1 474 %of the size of its economy; notes that, according to research carried out by the University of Amsterdam, 23 % of all corporate investments that ended up in tax havens passed through the Netherlands; believes that these data are a clear indication that some Member States are facilitating excessive profit-shifting activities at the expense of other Member States;
Amendment 1002 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 e (new)
Paragraph 154 e (new)
154 e. Recalls that the European Commission has criticised seven member states - Belgium, Cyprus, Hungary, Ireland, Luxembourg, Malta and The Netherlands, for their "aggressive" tax policies, arguing that they have tax policies that undermine the integrity of the European single market;
Amendment 1004 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 f (new)
Paragraph 154 f (new)
154 f. Calls, therefore, on the Commission to regard explicitly at least Luxembourg, the Netherlands, Ireland and Malta as EU tax havens;
Amendment 1005 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 g (new)
Paragraph 154 g (new)
154 g. Notes the current negotiations between the EU and Switzerland towards a Framework Agreement; stresses its view that the EU should renegotiate its trade, economic and other relevant bilateral agreements with Switzerland to bring them into line with EU anti-tax fraud policy and anti-money laundering legislation, so as to eliminate serious flaws in the Swiss supervisory system which enable a policy of internal banking secrecy to continue, as well as the creation of offshore structures worldwide, tax fraud and tax evasion not constituting a criminal offence, weak supervision, the inadequate self-regulation of obliged entities, and aggressive prosecution and harassment of whistle-blowers;
Amendment 1010 #
2018/2121(INI)
Motion for a resolution
Paragraph 156
Paragraph 156
156. Calls on the Member States to adopt a single set of strong countermeasures, including automatic CFC rulwithholding taxes, exclusion from public procurement calls and withdrawal of business licences, for blacklisted jurisdictionsthe intermediaries and companies present in blacklisted tax havens and automatic CFC rules applied to the latter, unless the taxpayers convey genuine economic activities there and are subject to increased audit requirements; invites both tax administrations and taxpayers to cooperate to gather the relevant facts in case the controlled foreign company carries out substantive real economic activity and has substantial economic presence supported by staff, equipment, assets and premises, as evidenced by relevant facts and circumstances;
Amendment 1021 #
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 as a member of the G20 to aim for that forum to undertake a strong action against tax competition;
Amendment 1030 #
2018/2121(INI)
Motion for a resolution
Paragraph 159
Paragraph 159
159. Recalls its position regarding the creation of a globn intergovernmental tax body within the UN framework, which should be well equipped and have sufficient resources to ensure that all countries can participate on an equal footing in the formulation and reform of global tax policies;
Amendment 1038 #
2018/2121(INI)
Motion for a resolution
Paragraph 160
Paragraph 160
160. Calls for a globintergovernmental summit on remaining necessary global tax reforms in order to enhance international cooperation and put pressure on all countries, in particular their 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 globintergovernmental tax body;
Amendment 1041 #
2018/2121(INI)
Motion for a resolution
Paragraph 160 a (new)
Paragraph 160 a (new)
160 a. Calls on the Commission and the Member States to push for a second set of international tax reform gathering all countries interested on an equal footing and aiming at tackling the growing corporate tax race to the bottom and the allocation of taxing rights;
Amendment 1045 #
2018/2121(INI)
Motion for a resolution
Paragraph 161
Paragraph 161
161. Believes that supporting developing countries in combating tax evasion and aggressive tax planning, as well as corruption and secrecy that facilitate illicit financial flows, is of the utmost importance for strengthening policy coherence for development in the EU and improving developing countries’ tax capacities and domestic resource mobilisation; stresses the need to increase the share, in terms of aid and development, of financial and technical assistance to the national tax administrations of developing countries;
Amendment 1069 #
2018/2121(INI)
Motion for a resolution
Paragraph 167
Paragraph 167
167. Recalls the need for fair treatment of developing countries when negotiating tax treaties, taking into account their particular situation and ensuring a fair allocation of tax rights according to genuine economic activity and value creation; calls, in this regard, for adherence to the UN model tax convention to be used as a minimum standard and for transparency around treaty negotiations to be ensured;
Amendment 1097 #
2018/2121(INI)
Motion for a resolution
Paragraph 170 b (new)
Paragraph 170 b (new)
170 b. Notes that some tax treaties allow the development of potential harmful tax schemes, such as the ‘SingleMalt’ 1awhich directs profits to countries with which Ireland has a double taxation agreement but that do not have any corporation tax; asks the European Commission to investigate such schemes and assess if they constitute an abuse of tax treaties; _________________ 1a Christian Aid, ‘Impossible’ structures: tax outcomes overlooked by the 2015 tax Spillover analysis, Part Two, 2017 https://www.christianaid.ie/sites/default/fil es/2018-02/impossible-structures-tax- report.pdf
Amendment 1102 #
2018/2121(INI)
Motion for a resolution
Paragraph 171 a (new)
Paragraph 171 a (new)
171 a. Asks Member States to renegotiate their bilateral tax treaties with third countries with the aim of introducing anti-abuse clauses, preventing ‘treaty shopping’ and a race to the bottom among developing countries;
Amendment 1103 #
2018/2121(INI)
Motion for a resolution
Paragraph 171 b (new)
Paragraph 171 b (new)
171 b. Reiterates its call on the European Union and its Member States to ensure that, when negotiating tax and investment treaties with developing countries, income or profits resulting from cross-border activities be taxed in the source country, where value is extracted or created; stresses, in this regard, that the UN Model Tax Convention ensures a fairer distribution of taxing rights between source and residence countries; stresses than when negotiating tax treaties, the European Union and its Member States should comply with the principle of policy coherence for development established in Article 208 TFEU;
Amendment 1111 #
2018/2121(INI)
Motion for a resolution
Paragraph 172
Paragraph 172
172. Calls on the Commission to review all tax treaties in force and signed by Member States with third countries through impact assessment in order to identify potential negative impacts of such treaties on low and lower-middle income countries and to ensure that they treaties are all compliant with new global standards such as the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (‘MLI’); asks the Commission to release recommendations to Member States regarding their existing bilateral tax treaties to ensure that theynotes that the MLI represents OECD-based standards which were not established with consideration to the needs or challenges of developing countries; asks the Commission to release recommendations to Member States regarding their existing bilateral tax treaties to ensure that Member States are open to country context specific responses and enter into bilateral conversations with treaty countries to discuss allocation of taxing rights, and that bilateral tax treaties include general anti-abuse rules, looking at genuine economic activity and value creation;
Amendment 1115 #
2018/2121(INI)
Motion for a resolution
Paragraph 172 a (new)
Paragraph 172 a (new)
172 a. Calls on Member States to mandate the Commission to propose a European tax treaty template, containing a clause on significant digital presence, an anti-abuse rule and an anti-tax dumping clause including a minimum level of effective taxation set at 18% of profits;
Amendment 1132 #
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 ; _________________ 83stresses that the relevant information in relation to potentially aggressive tax planning arrangements should also be accessible to the general public; _________________ 83 OJ L 139, 5.6.2018, p. 1. OJ L 139, 5.6.2018, p. 1.
Amendment 1149 #
2018/2121(INI)
Motion for a resolution
Paragraph 178 a (new)
Paragraph 178 a (new)
178 a. Calls for a rotation of auditors every 7 years to prevent conflicts of interests and the limitation of the provision of non-audit services to a minimum;
Amendment 1152 #
2018/2121(INI)
Motion for a resolution
Paragraph 178 b (new)
Paragraph 178 b (new)
178 b. Reiterates that intermediaries play a crucial role in facilitating money laundering and the financing of terrorism and should beheld accountable for these actions;
Amendment 1153 #
2018/2121(INI)
Motion for a resolution
Paragraph 178 c (new)
Paragraph 178 c (new)
178 c. Reiterates its call on the Commission to come forward with a legislative proposal on the separation of accounting firms and financial or tax service providers as well as on all advisory services, including a Union incompatibility regime for tax advisers, in order to prevent them from advising both public revenue authorities and taxpayers and to prevent other conflicts of interest;
Amendment 1158 #
2018/2121(INI)
Motion for a resolution
Paragraph 179 a (new)
Paragraph 179 a (new)
179 a. Points out that professional secrecy cannot be used for the purposes of protection, the covering up of illegal practices or violating the spirit of the law; urges that the client/attorney privilege principle should not impede adequate STRs or the reporting of other potentially illegal activities without prejudice to the rights guaranteed by the Charter of Fundamental Rights of the European Union and the general principles of criminal law; calls on the Commission to issue guidance on the interpretation and application of the legal privilege principle for professionals and to introduce a clear demarcation line between traditional judicial advice and lawyers acting as financial operators, in line with case-law of European courts;
Amendment 1159 #
2018/2121(INI)
Motion for a resolution
Paragraph 179 b (new)
Paragraph 179 b (new)
179 b. Calls on the Commission to assess the possibilities of blacklisting financial and non-financial intermediaries based in the EU which operate branches in countries blacklisted as non-cooperative jurisdictions or which are listed as high risk third countries by the Commission; Suggests further that intermediaries should be restricted from operating in the single market if convicted of financial crimes or of facilitating tax evasion;
Amendment 1161 #
2018/2121(INI)
Motion for a resolution
Paragraph 179 c (new)
Paragraph 179 c (new)
179 c. Pays tribute to the brave actions of whistle-blowers and recognizes their fundamental role in a democratic and accountable society;
Amendment 1167 #
2018/2121(INI)
Motion for a resolution
Paragraph 180 a (new)
Paragraph 180 a (new)
180 a. Calls for a general EU fund to be set up to give appropriate financial support to whistle-blowers whose livelihood is put at risk as a result of disclosures of criminal activity or facts with clear public interest;
Amendment 1174 #
2018/2121(INI)
Motion for a resolution
Paragraph 181 a (new)
Paragraph 181 a (new)
181 a. Is concerned by the impact of non- disclosure agreements in employment contracts and dismissal agreements, particularly in the financial sector; calls on the Commission to assess the possibility of proposing legislation banning abusive non-disclosure agreements and declared void agreements which limit the employee’s ability and right to report unlawful activity;
Amendment 1207 #
2018/2121(INI)
Motion for a resolution
Paragraph 188 a (new)
Paragraph 188 a (new)
188 a. Highlights that trade unions should have a greater role in the negotiation of whistleblowing policies and channels in the workplace; calls on Member States to allow, in national law, for whistle-blowers to report wrongdoing to a union representative if they feel they cannot report it internally;
Amendment 1224 #
2018/2121(INI)
Motion for a resolution
Paragraph 194 a (new)
Paragraph 194 a (new)
194 a. Notes that no EU Member States were included on the EU list of non- cooperative jurisdictions as EU Member States were not assessed; welcomes the declaration from the Chair of the Code of Conduct Group indicating that Member States could be assessed in the future1a; demands that such assessment is conducted without any further delay; _________________ 1a “The fact of screening the EU Member States with the same criteria is exactly what is under discussion in the context of the revision of the mandate of the Code Group that currently the Austrian Presidency of the Council is taking forward.” Exchange of views with Fabrizia Lapecorella, Chair of the Code of Conduct Group on Business Taxation, European Parliament, http://www.europarl.europa.eu/cmsdata/1 55396/TAX3%20Verbatim%2010%20Oct ober%202018_OR.pdfOct 2018
Amendment 1228 #
2018/2121(INI)
Motion for a resolution
Paragraph 197
Paragraph 197
197. Believes that the mandate of the CoC Group needs to be updated, since it addresses matters beyond the assessment of harmful EU tax practices, which is more than simply providing technical input to the decisions made by the Council; calls, based on the nature of the work undertaken by the Group which is also of a political nature, for such tasks to be brought back under a framework which enables democratic control or supervision, starting by applying transparency; invites Member States to update the mandate of the CoC Group to include a minimum level of effective taxation set at 18% of profits as well as an increased and improved work on harmful tax practices and on the EU listing process;
Amendment 1233 #
2018/2121(INI)
Motion for a resolution
Paragraph 199 a (new)
Paragraph 199 a (new)
199 a. Reiterates its call for the creation of an EU Tax Policy Coherence and Coordination Centre (EUTPCCC) within the structure of the Commission1a,which would ensure effective and expeditious cooperation between Member States’ and facilitate early warning in cases like the Cum Ex scandal; urges Member States to support this call and for the Commission to present a legislative proposal for such a mechanism; _________________ 1a European Parliament resolution of 6 July 2016 on tax rulings and other measures similar in nature or effect (2016/2038(INI))
Amendment 1280 #
2018/2121(INI)
Motion for a resolution
Paragraph 207
Paragraph 207
207. Takes the view that the work of the TAXE, TAX2, PANA and TAX3 committees should be continued, in the forthcoming parliamentary term, in a permanent structure within Parliament such as a subcommittee to the Committee on Economic and Monetary Affairs (ECON), including Members from a diverse range of committees; considers that the Commissioner for Taxation, the Chair of the CoC Group and the Finance minister holding the rotating EU presidency should appear at least twice a year before the heretofore mentioned permanent structure;
Amendment 5 #
2018/2036(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,
Amendment 6 #
2018/2036(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to UN Resolution A/70/L.1 adopted by the General Assembly on 25 September 2015 entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’,
Amendment 7 #
2018/2036(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
– having regard to UN Resolution A/RES/60/7 adopted by the General Assembly on 1 November 2005 on the Holocaust Remembrance,
Amendment 10 #
2018/2036(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol (A/RES/61/106) adopted on 13 December 2006,
Amendment 12 #
2018/2036(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the Council of Europe Parliamentary Assembly Resolution 2153 (2017) – Promoting the inclusion of Roma and Travellers,
Amendment 14 #
2018/2036(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the Declaration of the Committee of Ministers of the Council of Europe on the Rise of Anti- Gypsyism and racist violence against Roma in Europe, adopted on 1 February 2012,
Amendment 15 #
2018/2036(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
– having regard to General Policy Recommendation No 13 of the European Commission against Racism and Intolerance (ECRI) on combating anti- Gypsyism and discrimination against Roma,
Amendment 16 #
2018/2036(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin[1], [1]OJ L 180, 19.7.2000, p. 22.
Amendment 19 #
2018/2036(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
– having regard to the Council recommendation of 9 December 2013 on effective Roma integration measures in the Member States, to the Council conclusion of 8 December 2016 on Accelerating the process of Roma integration and of 13 October 2016 on the European Court of Auditors Special Report No 14/2016,
Amendment 20 #
2018/2036(INI)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
– having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law,
Amendment 21 #
2018/2036(INI)
Motion for a resolution
Citation 10 d (new)
Citation 10 d (new)
– having regard to the Commission Communications on Roma integration (COM(2010)0133, COM(2012)0226,COM(2013)0454, COM(2015)0299, COM(2016)0424), including the Communication on an EU Framework for National Roma Integration Strategies up to 2020(COM(2011)0173),
Amendment 23 #
2018/2036(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to its resolutions on Roma[1], [1] OJ C 4E, 7.1.2011, p. 7; OJ C 308E,20.10.2011, p. 73;OJ C 199 E, 7.7.2012, p. 112; OJ C 468, 15.12.2016, p. 36; OJC 468, 15.12.2016, p. 157.
Amendment 24 #
2018/2036(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to its resolution of 15 April 2015 on the occasion of International Roma Day –anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II[1], [1]OJ C 328, 6.9.2016, p. 4.
Amendment 25 #
2018/2036(INI)
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
– having regard to its resolution of 25 October 2017 on the fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism (2017/2038(INI)),
Amendment 26 #
2018/2036(INI)
Motion for a resolution
Citation 11 d (new)
Citation 11 d (new)
– European Parliament resolution of 7 February 2018 on protection and non- discrimination with regard to minorities in the EU Member States (2017/2937(RSP)),
Amendment 27 #
2018/2036(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity (2013/2183(INI)),
Amendment 35 #
2018/2036(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Fundamental Rights Agency’s EU-MIDIS I and II surveys and various other surveys and reports on Roma,
Amendment 40 #
2018/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the rights of persons belonging to national or ethnic, religious and linguistic minorities, LGBTI people and people living with disabilities are an integral part of human rights, which are universal, indivisible and independent, and whereas protecting and promoting minority rights is essential for peace, security and stability and for promoting tolerance, mutual respect and understanding and co- operation among all persons living on their territory;
Amendment 44 #
2018/2036(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas people belonging to minorities often face multiple and intersectional discriminations;
Amendment 166 #
2018/2036(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and the Member States to safeguard the protection of minorities within minorities and tackle the inequalities within inequalities, since people belonging to minorities often face multiple and intersectional discriminations;
Amendment 182 #
Amendment 188 #
2018/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that national/ethnic minorities are groups of persons belonging to minorities who have been living on the same territory and sharing a common identity, in some instances as a result of border changes, in others as a result of living a long time in an area, whereby they have managed to preserve their identity; calls on the Member States and the Commission to protect the cultural and linguistic identity of national/ethnic minorities, and to create conditions for the promotion of that identity; points to the important role that regional and local authorities in the EU can play in protecting national/ethnic minorities, and considers that administrative reorganisation and territorial districting must not have negative consequences for them;
Amendment 193 #
2018/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that persons belonging to national/ethnic minorities have the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law;
Amendment 198 #
2018/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that maintaining the cultural heritage of the EU is a common interest of the Member States; calls on the EU institutions and its Member States to support, enhance and promote the cultural rights of national/ethnic minorities;
Amendment 203 #
2018/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to recognise the contribution of national/ethnic minorities to the cultural heritage of the Union, to reinforce dialogue with the representatives of national/ethnic minorities and to identify and implement coordinated policies and actions for the sustainable management of preserving and developing their culture;
Amendment 208 #
2018/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to involve and support national/ethnic minorities and their representatives in fostering knowledge and skills that are necessary in order to safeguard, sustainably manage and develop cultural heritage and that should be handed down to future generations; calls on the Member States and the Commission to establish and maintain concrete cultural funds for the representatives of regional and minority rights, both at horizontal and vertical levels;
Amendment 213 #
2018/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the fact that media plays a central role with regard to cultural and linguistic rights; recalls that being able to receive and publish information in a language one can fully understand and communicate in is a precondition for equal and effective participation in public, economic, social and cultural life; notes in this regard that special attention must be given to the needs of persons belonging to national/ethnic minorities living in rural and remote areas;
Amendment 218 #
2018/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States and the Commission to ensure that the media can operate independently and free from discrimination in minority languages, to take into account national/ethnic minorities when licensing or privatising media services, including assigning TV and radio broadcasters, to provide appropriate funds for self-governance to organisations representing minorities, with a view to fostering their sense of belonging to, and identification with, their respective minority groups, and to bring their identities, languages, histories and cultures to the attention of the majority;
Amendment 223 #
2018/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States and the Commission to refrain from political and legal acts and policies that aim to prescribe restrictive measures, such as subtitling and/or translation obligations and mandatory quotas for programmes in official languages; calls on the Members States and the Commission to allow and promote the presence of regional or minority-language media, also on online interfaces; calls on the Member States and the Commission to ensure appropriate funding or grants for organisations and media representing national/ethnic minorities, in view of their regional specificities and needs;
Amendment 228 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on Member States to make the history, including the atrocities committed against a minority group, and the culture of national/ethnic minorities part of the curricula in schools;
Amendment 230 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on Member States to launch cultural dialogues, including but not exclusively in schools, on the different forms and faces of hate against minority groups, such as anti-Gypsyism, anti- Semitism, Islamophobia, Afrophobia, etc.
Amendment 231 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on Member States, in order to create mutual trust, to set up national truth and reconciliation commissions in order to acknowledge the persecution, exclusion and disownment of Roma people through the centuries, and to document these issues in an official white paper;
Amendment 232 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Calls on Member States to clearly condemn and sanction the denial of atrocities against national/ethnic minorities, such as the Roma Holocaust;
Amendment 233 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Calls on Member States to hold and honour major commemoration days of minority groups at state level;
Amendment 234 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Calls on Member States to establish institutions displaying the history and culture of minority groups, support them financially and by the necessary regulations;
Amendment 235 #
Amendment 236 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 g (new)
Paragraph 17 g (new)
17g. Calls on Member States to secure state recognition of national/ethnic minorities, in order to fight identity insecurity of members of minority groups;
Amendment 237 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 h (new)
Paragraph 17 h (new)
Amendment 238 #
Amendment 239 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 i (new)
Paragraph 17 i (new)
17i. Is deeply concerned by the number of people who are denied their citizenship because of their ethnicity, such as thousands of Roma in the EU, which results in the complete denial of their rights and pushes them to the very margins of society; stresses that the situation and legal status of non-citizens permanently resident in Member States need to be addressed;
Amendment 240 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 j (new)
Paragraph 17 j (new)
17j. Calls on the Member States to take immediate corrective measures to stop discriminatory birth registration, to carry out birth registration of members of minority groups without discrimination and to ensure that the issued ID cards are non-discriminatory;
Amendment 241 #
Amendment 242 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 k (new)
Paragraph 17 k (new)
17k. Calls on Member States to safeguard that members of minority groups can practise their civil rights without fear; in this respect, calls on Member States to include mandatory human rights, democratic citizenship and political literacy training courses in their school curricula at all levels in order to strengthen the self-confidence of members of minority groups and their ability to exercise and demand their equal rights;
Amendment 243 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 l (new)
Paragraph 17 l (new)
17l. Encourages Member States to provide minority groups guaranteed representation in national, regional and local governments and parliaments;
Amendment 244 #
2018/2036(INI)
Motion for a resolution
Subheading 2 d (new)
Subheading 2 d (new)
Amendment 245 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 m (new)
Paragraph 17 m (new)
17m. Deeply regrets that little progress has been made on the adoption of the proposal for an Equal Treatment Directive and calls on the Commission and the Council to re-launch the relevant negotiations with the aim of concluding them as soon as possible;
Amendment 246 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 n (new)
Paragraph 17 n (new)
17n. Is deeply concerned by the widespread discrimination, including intersectional discrimination, and segregation of members of minority groups in all areas of life, often resulting in their deep poverty and exclusion from the society; calls on Member States to take both proactive and reactive measures to safeguard equal access of members of minority groups to services, goods, information, etc. in all walks of life, and to provide mandatory trainings to duty- bearers, who are key to the correct implementation of EU and Member State legislation and who have to be equipped to serve all citizens from a human rights- based approach; calls on the Commission and Member States to address intersectional discrimination both in their policies and through their funding programmes;
Amendment 247 #
Amendment 248 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 o (new)
Paragraph 17 o (new)
17o. Considers active and meaningful social, economic, political and cultural participation by minority groups as key; calls, therefore, on the Commission and the Member States to design strategies featuring both proactive and reactive measures on the basis of real, systematic consultations with minority groups representatives, and to involve them in the running, monitoring and evaluation of mainstream programmes and projects launched at all levels, including at the local level in order to safeguard their inclusiveness and non-discrimination;
Amendment 249 #
2018/2036(INI)
Motion for a resolution
Paragraph 17 p (new)
Paragraph 17 p (new)
17p. Stresses that the development of any cultural heritage policy should be inclusive, community-based and participatory, involving consultation and dialogue with the minority communities concerned;
Amendment 251 #
2018/2036(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that education is a key element of socialisation and development, and that the continuity of mother tongue education is vital to preserving their cultural and linguistic identity; notes that, when it comes to minority language education, there is no one single best- practice model that is suitable for all national/ethnic minorities; notes that special attention shall be paid to people using sign language;
Amendment 257 #
2018/2036(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States and the Commission to promote and support the official use of languages spoken by national/ethnic minorities in the territories where they live, at local or regional level, in conformity with the principles of the FCNM and the Language Charter, while taking into account that the protection and encouragement of the use of regional and minority languages should not be to the detriment of official languages and the obligation to learn them;
Amendment 262 #
2018/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States and the Commission to ensure that persons belonging to national/ethnic minorities have rights and adequate opportunities to receive education in a minority language and for instruction in their mother tongue in both public and private educational institutions; calls on the Member States to formulate appropriate education policies, bearing in mind the right for education in a minority language and the needs of national/ethnic minorities; calls on the Members States and the Commission to incorporate the best practices in teaching foreign languages into the methodology of teaching official languages when it comes to curricula for schools which provide education in a minority language; notes that the Member States should ensure that both the regional or minority language and the official language are taught using appropriate methods;
Amendment 273 #
2018/2036(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to define preferential thresholds in the learning of regional or minority languages; calls on the Member States and the Commission to ensure that people belonging to national/ethnic minorities living in rural area, or living in widely scattered settlements, have the right to receive education in a minority language, e.g. in their mother tongue and ; calls on the Member States and the Commission to ensure that education reforms and policies do not restrict the right to receive education in a minority language;
Amendment 293 #
2018/2036(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls the Member States and the Commission to allow and promote, with regard to the administrative authorities and public service organisations, the use of regional or minority languages in practice, according to the principle of proportionality, such as in relations between private individuals and organisations on the one hand, and public authorities on the other; calls on the Member States to make information and public services available in these languages, including on the internet, in areas where people belonging to national/ethnic minorities are traditionally present; encourages municipal authorities to ensure the use of regional and minority languages; encourages the Member States to use the good practices already existing within the Member States as guidelines;
Amendment 299 #
2018/2036(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that the visual representation of regional and minority languages – road signs, street names, the names of administrative, public and commercial institutions, etc. – is essential to promoting and protecting national/ethnic minority rights, as it reflects, and contributes to, the vital use of regional and minority languages, encouraging persons belonging to national/ethnic minorities to use, preserve and develop their linguistic diversity, identity and language rights, express their multi-ethnic local identity, and strengthen their sense of ownership as members of groups living in a local or regional community;
Amendment 306 #
2018/2036(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Member States to take action to prevent administrative and financial obstacles that could delay linguistic diversity at European and national level and impede the usage and application of linguistic rights of persons belonging to national/ethnic minorities;
Amendment 333 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – indent 3
Paragraph 30 – indent 3
– a legislative proposal for a directive, based on the aforementioned points, on minimum standards for minorities in the EU, with clear benchmarks and sanctions;
Amendment 93 #
2018/0902R(NLE)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas in the centuries-long history of Hungary the peaceful coexistence of different nationalities and ethnic groups has had positive effects on the cultural wealth and prosperity of the nation, Hungary is reminded to continue this tradition and to resolutely oppose all efforts that might discriminate against individual groups.
Amendment 95 #
2018/0902R(NLE)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. Whereas Hungary itself has subscribed to the values enshrined in Article 2 of the Treaty on European Union (TEU), and whereas the joy of joining the European Union in 2004 was great and full of hope, Hungary is reminded to consider itself a constructive member of the Union, to respect the Union's values of the rule of law and respect for fundamental rights.
Amendment 100 #
2018/0902R(NLE)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. Whereas Hungary’s government disregards systematically the European supremacy principle of the role of the EU Court of Justice, but itself employs the EU Court of Justice when it comes to bringing actions against existing European laws.
Amendment 103 #
2018/0902R(NLE)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. Whereas blocking sanctions against Russia in the Council undermines the Union's own ability to act as a whole and constitutes a security problem for the European Union.
Amendment 105 #
2018/0902R(NLE)
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. Whereas the European Court of Justice (ECJ) has overturned significant parts of Hungary's asylum law in various rulings - most recently on 17 December 2020 - and Hungary has been condemned for pushbacks of asylum seekers and Frontex has had to cancel joint operations due to the fundamental rights violations found by the ECJ
Amendment 109 #
2018/0902R(NLE)
Motion for a resolution
Recital L f (new)
Recital L f (new)
Lf. Whereas Hungary did not agree to the application of the common Temporary Protection Directive on 3 March 2022, but the first application was decided by a two- thirds majority and thus Hungary must also comply with its provisions.
Amendment 112 #
2018/0902R(NLE)
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. Whereas on 02.06.2021 the two third majority in the Hungarian government has decided not to participate in the establishment of the European Public Prosecutor's Office (EPPO) or the strengthened cooperation among EU prosecutors and that therefore the European Public Prosecutor's Office is not allowed to enter the country, thus hindering the investigation and prevention of corruption.
Amendment 115 #
2018/0902R(NLE)
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. Recalls the joint statement of the presidents of the Hungarian and Romanian Constitutional Courts, Péter Paczolay and Augustin Zegrean, on the occasion of a meeting of the members of the two institutions, on 16 May 2013 in Eger, which emphasized the special responsibility of constitutional courts in countries governed by a 2/3 majority.
Amendment 117 #
2018/0902R(NLE)
Motion for a resolution
Recital L i (new)
Recital L i (new)
Li. Whereas the systematic dismantling of the rule of law, democracy and fundamental rights has enormously restricted the space for opposition parties and civil society, leaving no social dialogue and consultation mechanism with civil society organisations, trade unions and interest groups
Amendment 119 #
2018/0902R(NLE)
Motion for a resolution
Recital L j (new)
Recital L j (new)
Lj. Whereas the government's restrictions on civil society have destroyed the social dialogue and consultation mechanism with civil society organisations, trade unions and interest groups, calls on the Hungarian government to make every effort to strengthen the social dialogue and broad consultation mechanism and to guarantee the rights associated with it.
Amendment 121 #
2018/0902R(NLE)
Motion for a resolution
Recital L k (new)
Recital L k (new)
Lk. Recalls the expulsion of the Central European University (CEU) from Budapest and condemns the constant attacks on academic freedom, such as the ban on gender studies in university curricula.
Amendment 123 #
2018/0902R(NLE)
Motion for a resolution
Recital L l (new)
Recital L l (new)
Ll. Whereas in Hungary independent journalists, media owners and politicians had the Pegasus software downloaded onto their mobile phones without their knowledge, and the fact that pro- government media in Hungary hardly reported on Pegasus, illustrates the restriction of freedom of assembly and the right to privacy.
Amendment 125 #
2018/0902R(NLE)
Motion for a resolution
Recital L m (new)
Recital L m (new)
Lm. Whereas non-discrimination is a fundamental right enshrined in Article 21 of the Charter and that the referendum against LGBTQ people held in Hungary on 3 April 2022 has been discriminatory and violated this fundamental right. Recalls in addition that the results were deemed invalid as neither option ('yes' or 'no') gathered 50% of the votes.
Amendment 127 #
2018/0902R(NLE)
Motion for a resolution
Recital L n (new)
Recital L n (new)
Ln. urges the Hungarian government to end discrimination against Roma, to intensify its activities to integrate Roma and to take appropriate measures to protect Roma population. Racist threats against the Roma population must be unequivocally and decisively countered.
Amendment 129 #
2018/0902R(NLE)
Motion for a resolution
Recital L o (new)
Recital L o (new)
Lo. notes that the proportion of women in the Hungarian Parliament in 2019 was 12.6 per cent, the lowest in national parliaments in Europe, and that also the new two-thirds majority has only ten women
Amendment 131 #
2018/0902R(NLE)
Motion for a resolution
Recital L p (new)
Recital L p (new)
Lp. Whereas on 5th of May 2020 the Hungarian Parliament has refused to ratify the Council of Europe's Istanbul Convention on Violence against Women. Is deeply concerned about the increase of domestic violence against women during the Corona pandemic in Europe.
Amendment 133 #
2018/0902R(NLE)
Motion for a resolution
Recital L q (new)
Recital L q (new)
Lq. Whereas the UNESCO World Heritage Advisory Council, ICOMOS International, has described the planned large-scale project at Lake Neusiedl in Fertörakos, Hungary, in an analysis as a threat to the World Heritage Site.
Amendment 135 #
2018/0902R(NLE)
Motion for a resolution
Recital L r (new)
Recital L r (new)
Lr. Condemns that, together with a high level of corruption, there has been a massive increase in social inequality, insecurity and poverty, which not only leads to great insecurity among the population but also constitutes a violation of private property rights and undermines basic civil liberties
Amendment 137 #
2018/0902R(NLE)
Motion for a resolution
Recital L s (new)
Recital L s (new)
Ls. Condemns the fact that, in the case of homelessness, the social security system focuses primarily on declaring it illegal for homeless people to stay in public areas and on punitive measures, and calls for social inclusion measures.
Amendment 122 #
2018/0329(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common standards and procedures in Member States for returning illegalrregularly staying third-country nationals (recast) A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 129 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including refugee protection and human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective European return policy which serves as a deterrent to irregular migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 136 #
2018/0329(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should ensure that the ending of illegalrregular stay of third- country nationals is carried out through a fair and transparent procedure. According to general principles of EU law, decisions taken under this Directive should be adopted on a case-by-case basis and based on objective criteria, implying that consideration should go beyond the mere fact of an illegalrregular stay. When using standard forms for decisions related to return, namely return decisions and, if issued, entry-ban decisions and decisions on removal, Member States should respect that principle and fully comply with all applicable provisions of this Directive.
Amendment 139 #
2018/0329(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 144 #
2018/0329(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should ensure that the ending of illegalrregular stay of third- country nationals is carried out through a fair and transparent procedure. According to general principles of EU law, decisions taken under this Directive should be adopted on a case-by-case basis and based on objective criteria, implying that consideration should go beyond the mere fact of an illegalrregular stay. When using standard forms for decisions related to return, namely return decisions and, if issued, entry-ban decisions and decisions on removal, Member States should respect that principle and fully comply with all applicable provisions of this Directive.
Amendment 145 #
2018/0329(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 148 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegalrregularly staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement.
Amendment 150 #
2018/0329(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In accordance with Council Directive 2005/85/EC12 , a third-country national who has applied for asylum in a Member State should not be regarded as staying illegalrregularly on the territory of that Member State until a negative decision on the application, or a decision ending his or her right of stay as asylum seeker has entered into force. __________________ 12Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).
Amendment 157 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 160 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegalrregularly staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement.
Amendment 163 #
2018/0329(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In accordance with Council Directive 2005/85/EC12 , a third-country national who has applied for asylum in a Member State should not be regarded as staying illegalrregularly on the territory of that Member State until a negative decision on the application, or a decision ending his or her right of stay as asylum seeker has entered into force. _________________ 12Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).
Amendment 165 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return Voluntary return should always be preferred over forced return and an appropriate period for voluntary departure of thirty days should be granted. Member States should be able to decide to grandt an appropria shorter period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should beminimum 7 days and exceptionally not to granted. A a period for voluntary departure should not be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose agenuine and present risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 171 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 172 #
2018/0329(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
Amendment 178 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding five days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 182 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 189 #
2018/0329(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
Amendment 193 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An appeal against a return decision should always have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non- refoulement.
Amendment 198 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decision without undue delay.
Amendment 202 #
2018/0329(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 206 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 207 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon requestfree of charge, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessarylegal aid.
Amendment 210 #
2018/0329(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The situation of third-country nationals who are staying illegalrregularly but who cannot yet be removed should be addressed. Their basic conditions of subsistence should be defined according to national legislation. In order to be able to demonstrate their specific situation in the event of administrative controls or checks, such persons should be provided with written confirmation of their situation. Member States should enjoy wide discretion concerning the form and format of the written confirmation and should also be able to include it in decisions related to return adopted under this Directive.
Amendment 214 #
2018/0329(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 217 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An appeal against a return decision shouldall always have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non- refoulement.
Amendment 219 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be limited, always used at last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient.
Amendment 221 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decisio be taken without undue delay.
Amendment 227 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security.
Amendment 228 #
2018/0329(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 230 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficientThe maximum period of detention should be two months, which may be prolonged, no more than two ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged, should be establishedtimes, which means up to a maximum period of six months, in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 233 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon requestfree of charge, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessarylegal aid.
Amendment 234 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 239 #
2018/0329(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The situation of third-country nationals who are staying illegalrregularly but who cannot yet be removed should be addressed. Their basic conditions of subsistence should be defined according to national legislation. In order to be able to demonstrate their specific situation in the event of administrative controls or checks, such persons should be provided with written confirmation of their situation. Member States should enjoy wide discretion concerning the form and format of the written confirmation and should also be able to include it in decisions related to return adopted under this Directive.
Amendment 244 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 244 #
2018/0329(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 255 #
2018/0329(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 259 #
2018/0329(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 265 #
2018/0329(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 272 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 273 #
2018/0329(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Union data protection legislation is applicable to any processing of personal data in the return management systems of the Member States, including the communication of this data to the central system operated by the European Border and Coast Guard Agency. Return management systems should respect the principles of lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability of the data controller. The national return management systems should not contain any information obtained during the personal interview carried out on the basis of Article 15 of Directive 2013/32/EU (Asylum Procedures Directive).
Amendment 276 #
2018/0329(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The Union provides financial and operational support in order to achieve an effective implementation of this Directive. Member States should make best use of the available Union financial instruments, programmes and projects in the field of return, in particular under Regulation (EU) …/… [Regulation establishing the Asylum and Migration Fund], as well as of the operational assistance by the European Border and Coast Guard Agency according to Regulation (EU) …/… [EBCG Regulation]. Such support should be used in particular for establishing return management systems and programmes for providing logistical, financial and other material or in-kind assistance to support the return – and where relevant the reintegration – of illegalrregularly staying third- country nationals.
Amendment 283 #
2018/0329(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective and dignified implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interestonents of the European migration policy.
Amendment 285 #
2018/0329(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18 , or under Article 36 of Directive (EU) 2016/68019 , and have often not concluded or do not intend to concludeand have often not concluded a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should not be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680to authorities of third countries. __________________ 18Regulation (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). 19Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89).
Amendment 286 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 289 #
2018/0329(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive sets out common standards and procedures to be applied in Member States for returning illegalrregularly staying third- country nationals, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations.
Amendment 290 #
2018/0329(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to third- country nationals staying illegalrregularly on the territory of a Member State.
Amendment 293 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘illegalrregular stay’ means 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 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in that Member State;
Amendment 298 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) a country of transit in accordance with Union or bilateral readmission agreements or other arrangements, or
Amendment 298 #
2018/0329(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 301 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘return decision’ means an administrative or judicial decision or act, stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return;
Amendment 304 #
2018/0329(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 309 #
2018/0329(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 336 #
2018/0329(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18 , or under Article 36 of Directive (EU) 2016/68019 , and have often not concluded or do not intend to concludeand have often not concluded a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should not be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680to authorities of third countries. _________________ 18Regulation (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). 19Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89).
Amendment 342 #
2018/0329(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive sets out common standards and procedures to be applied in Member States for returning illegalrregularly staying third- country nationals, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations.
Amendment 343 #
2018/0329(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to third- country nationals staying illegalrregularly on the territory of a Member State.
Amendment 346 #
2018/0329(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 349 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘illegalrregular stay’ means 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 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in that Member State;
Amendment 363 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘return decision’ means an administrative or judicial decision or act, stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return;
Amendment 375 #
Amendment 377 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withfacilitate the cooperation between third-country nationals and the competent authorities of the Member States at all stages of the return procedures. That obligation shall include the following in particular:All information on the procedure shall be given to the third country nationals in a language which they understand.
Amendment 380 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the dutyThird country nationals cooperate to provide all the elements that are necessary for establishing or verifying identity;
Amendment 384 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 388 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the duty to remain present andThird country nationals remain available throughout the procedures;
Amendment 391 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 392 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at leastexclusively include the following criteria:
Amendment 396 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 398 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 399 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 401 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 403 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 407 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 411 #
Amendment 413 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall issue a return decision to any third-country national staying illegalrregularly on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5.
Amendment 413 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) non-compliance with the requirement of Article 8(2) to go immediately to the territory of another Member State that granted a valid residence permit or other authorisation offering a right to stay;
Amendment 414 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
Amendment 415 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Third-country nationals staying illegalrregularly on the territory of a Member State and holding a valid residence permit or other authorisation offering a right to stay issued by another Member State shall be required to go to the territory of that other Member State immediately. In the event of non-compliance by the third- country national concerned with this requirement, or where the third-country national’s immediate departure is required for reasons of public policy or national security, paragraph 1 shall apply.
Amendment 417 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States may refrain from issuing a return decision to a third-country national staying illegalrregularly on their territory if the third-country national concerned is taken back by another Member State under bilateral agreements or arrangements existing on 13 January 2009. In such a case the Member State which has taken back the third-country national concerned shall apply paragraph 1.
Amendment 419 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third- country national staying illegalrregularly on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 420 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point m
Article 6 – paragraph 1 – point m
Amendment 421 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. If a third-country national staying illegalrregularly on the territory of a Member State is the subject of a pending procedure for renewing his or her residence permit or other authorisation offering a right to stay, that Member State shall consider refraining from issuing a return decision, until the pending procedure is finished.
Amendment 423 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point n
Article 6 – paragraph 1 – point n
Amendment 424 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point o
Article 6 – paragraph 1 – point o
Amendment 425 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shallmay issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation].
Amendment 426 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point p
Article 6 – paragraph 1 – point p
Amendment 438 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application.
Amendment 441 #
Amendment 445 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withfacilitate the cooperation between third-country nationals and the competent authorities of the Member States at all stages of the return procedures. That obligation shall include the following in particular:All information on the procedure shall be given to the third country nationals in a language which they understand.
Amendment 448 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall notmay grant a period for voluntary departure of no less than seven days and exceptionally refrain from granting a period ofor voluntary departure in following cases :
Amendment 450 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the dutyThird country nationals cooperate to provide all the elements that are necessary for establishing or verifying identity;
Amendment 452 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) where there is a risk of absconding determined in accordance with Article 6 ;in case of explicit expression of non-compliance with return-related measures applied by virtue of the Directive or non-compliance with a measure aiming at preventing the risk of absconding.
Amendment 453 #
2018/0329(COD)
Amendment 457 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
Amendment 460 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the duty to remain present andThird country nationals remain available throughout the procedures;
Amendment 465 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 469 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Those measures shall include all measures necessary to confirm the identity of illegalrregularly staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 472 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 479 #
2018/0329(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
Return and removal of unaccompanied minors
Amendment 484 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 487 #
Amendment 491 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall issue a return decision to any third-country national staying illegalrregularly on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5.
Amendment 492 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Return decisions shallmay be accompanied by an entry ban:
Amendment 493 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Third-country nationals staying illegalrregularly on the territory of a Member State and holding a valid residence permit or other authorisation offering a right to stay issued by another Member State shall be required to go to the territory of that other Member State immediately. In the event of non-compliance by the third- country national concerned with this requirement, or where the third-country national’s immediate departure is required for reasons of public policy or national security, paragraph 1 shall apply.
Amendment 496 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States may refrain from issuing a return decision to a third-country national staying illegalrregularly on their territory if the third-country national concerned is taken back by another Member State under bilateral agreements or arrangements existing on 13 January 2009 . In such a case the Member State which has taken back the third-country national concerned shall apply paragraph 1.
Amendment 497 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 500 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third- country national staying illegalrregularly on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 502 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. If a third-country national staying illegalrregularly on the territory of a Member State is the subject of a pending procedure for renewing his or her residence permit or other authorisation offering a right to stay, that Member State shall consider refraining from issuing a return decision, until the pending procedure is finished.
Amendment 504 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case and shall not in principle exceed five years. It may however exceed five years if the third- country national represents a genuine and serious threat to public policy, public security or national security.
Amendment 506 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shallmay issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation].
Amendment 510 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall set up, operate, maintain and further develop a national return management system, which shall process all the necessary information for implementing this Directive, in particular as regards the management of individual cases as well as of any return- related procedure, including reintegration in the country of return.
Amendment 515 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 517 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Member States shall establish programmes for providing logistical, financial and other material or in-kind assistance, in accordance with national legislation, for the purpose of supporting the return of illegalrregularly staying third-country nationals who are nationals of third countries listed in Annex I to Council Regulation 539/200130 . __________________ 30Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).
Amendment 521 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Such assistance mayshall include support for reintegration in the third country of return.
Amendment 523 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application.
Amendment 525 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Amendment 534 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall provide, upon request, a written or oral translation of the main elements of decisions related to return, as referred to in paragraph 1, including information on the available legal remedies in a language the third- country national understands or may reasonably be presumed to understand.
Amendment 536 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 536 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 537 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
Amendment 539 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) where the third-country national concerned poses a genuine and present risk to public policy, public security or national security.
Amendment 540 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Amendment 546 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 551 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Those measures shall include all measures necessary to confirm the identity of illegalrregularly staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 553 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing the appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breach the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio, during the examination of the appeal and until the decision on the appeal has been notified to the applicant.
Amendment 561 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 563 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
Amendment 567 #
2018/0329(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
12 Return and removal of unaccompanied minors
Amendment 574 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fiveof at least fifteen days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 576 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 581 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when:
Amendment 588 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 590 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a genuine and present risk to public policy, public security or national security.
Amendment 597 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximumlimited period of detention of not less than three months and not more than sixmaximum two months.
Amendment 600 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 6 – introductory part
Article 18 – paragraph 6 – introductory part
6. Member States may not extend the period referred to in paragraph 5 except for a limited period not exceeding a further twelvefour months in accordance with national law in cases where regardless of all their reasonable efforts the removal operation is likely to last longer owing to:
Amendment 609 #
Amendment 611 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Member States shall establish programmes for providing logistical, financial and other material or in-kind assistance, in accordance with national legislation, for the purpose of supporting the return of illegalrregularly staying third-country nationals who are nationals of third countries listed in Annex I to Council Regulation 539/200130 . _________________ 30Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).
Amendment 612 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of timenever be detained.
Amendment 615 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Such assistance mayshall include support for reintegration in the third country of return.
Amendment 617 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be providedPending removal families and unaccompanied minors shall be provided with alternative measures to detention, with separate accommodation guaranteeing adequate privacy.
Amendment 619 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Amendment 622 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education.
Amendment 626 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Unaccompanied minors shall as far as possibleMinors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Amendment 626 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall provide, upon request, a written or oral translation of the main elements of decisions related to return, as referred to in paragraph 1, including information on the available legal remedies in a language the third- country national understands or may reasonably be presumed to understand.
Amendment 627 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 629 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The best interests of the child shall be a primary consideration in the context of the detention of minors pending removalall situations.
Amendment 635 #
Amendment 636 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 638 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall establish return procedures applicable to illegalrregularly staying third-country nationals subject to an obligation to return following a decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 640 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing the appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breach the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio, during the examination of the appeal and until the decision on the appeal has been notified to the applicant.
Amendment 647 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 649 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
Amendment 655 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fiveat least fifteen days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 665 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Member States shall ensure that the necessary legal assistance and/or representation is granted on request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article15(3) to (6) of Directive 2005/85/EC.
Amendment 682 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 713 #
Amendment 718 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of timenever be detained.
Amendment 727 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education.
Amendment 731 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Unaccompanied minors shall as far as possibleMinors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Amendment 736 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The best interests of the child shall be a primary consideration in the context of the detention of minors pending removalall situations.
Amendment 742 #
Amendment 33 #
2018/0106(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of persons reporting on breaches of Union lawlaw, misconduct or wrongdoing
Amendment 39 #
2018/0106(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work or worked for an organisation or are or were in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law andare often the first to know about threats, harm or criminal or illegal activities. By ‘blowing the whistle’ they play a key role in unveiling violations of fundamental rights and in safeguarding the welfare of society. Whistleblowers play a crucial role in unveiling wrongdoing or unethical and dishonest conduct to the public interest that is not unlawful. It is often difficult for them to assess the lawfulness of facts. Therefore according to the European Court of Human Rights the legal assessment is not the task of the whistleblowers.4 It ins safeguarding the welfare of societyufficient that they act in good faith that the facts are correct. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. 4 ECHR, V. section, 27.07.2011 - 28274/08, Heinisch/Germany.
Amendment 47 #
2018/0106(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, breaches of Union law may cause serious harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channelsIf whistleblowers make a disclosure in the public interest, their effective protection from retaliation must be insured and effective internal and external reporting channels must be introduced.
Amendment 53 #
2018/0106(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Whistleblower protection currently provided in the European Union is fragmented across Member States and uneven across policy areas. The consequences of breaches of Union law with cross-border dimension uncovered by whistleblowers illustrate how iWhistleblowers shall be protected if they disclose breaches of law or wrongdoing or misconduct in the public interest. Insufficient protection in one Member State not only negatively impacts on the functioning of EU policies in that Member State but can also spill over into other Member States and the Union as a whole.
Amendment 54 #
2018/0106(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under- reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the public interestall Union and national laws and areas.
Amendment 58 #
2018/0106(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The importance of whistleblower protection in terms of preventing and deterring breaches of Union rules on transport safety which can endanger human lives has been already acknowledged in sectorial Union instruments on aviation safety38 and maritime transport safety39 , which provide for tailored measures of protection to whistleblowers as well as specific reporting channels. These instruments also include the protection from retaliation of the workers reporting on their own honest mistakes (so called ‘just culture’). Inter alia it is necessary to complement the existing elements of whistleblower protection in these two sectors as well as to provide such protection to enhance the enforcement of safety standards for other transport modes, namely road and railway transport. _________________ 38 Regulation (EU) No 376/2014 of the European Parliament and of the Council, of 3 April 2014, on the reporting, analysis and follow-up of occurrences in civil aviation (OJ L 122, p. 18). 39 Directive 2013/54/EU, of the European Parliament and of the Council, of 20 November 2013, concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention (OJ L 329, p. 1), Directive 2009/16/EC of the European Parliament and of the Council, of 23 April 2009, on port State control (OJ L 131, p. 57).
Amendment 60 #
2018/0106(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can seriously harm the public interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45 , which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Amendment 63 #
2018/0106(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) Whistleblowers who report misconduct and violations of labour and social law are key to ensuring safe and just workplaces. Breaches of rules in an organisation that are reported by persons who work or worked there or by persons who were in contact with it, shall be ensured full protection under this regulation.
Amendment 66 #
2018/0106(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to the protection afforded to employees when reporting on breaches of Union employmentmisconduct or wrongdoing or on breaches of Union as well as national law. In particular, in the area of occupational safety and health, Article 11 of Framework Directive 89/391/EEC already requires Member States to ensure that workers or workers' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and/or to remove sources of danger. Workers and their representatives are entitled to raise issues with the competent national authorities if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health.
Amendment 73 #
2018/0106(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information about threats or harm to the public interest obtained in the context of their work- related activities make use of their right to freedom of expression. The right to fFreedom of expression, is essential in a democratic society. and enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses media freedom and pluralism.
Amendment 77 #
2018/0106(COD)
Proposal for a directive
Recital 24
Recital 24
(24) No employment relationship should restrict someone’s right to freedom of expression. Persons need specific legal protection where they acquire the information they report through their work- related activities and therefore run the risk of work-related retaliation (for instance, for breaching the duty of confidentiality or loyalty). The underlying reason for providing them with protection is their position of economic vulnerability vis-à- vis the person on whom they de facto depend for work. When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliation.
Amendment 80 #
2018/0106(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform services for and under the direction of another person, in return of which they receive remuneration. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, which are types of relationships where standard protections against unfair treatment are often difficult to apply. Protection should thus also be granted to persons whose employment contract has ended either through for example retirement or end of contract and paid and unpaid trainees. Finally, protection should also be granted to civil servants. _________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.
Amendment 89 #
2018/0106(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law, namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law and actual or potential unethical or dishonest misconduct or wrongdoing.
Amendment 91 #
2018/0106(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Effective prevention of breaches of Unionmisconduct or wrongdoing or of breaches of Union as well as national law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but are likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions. At the same time, protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay.
Amendment 100 #
2018/0106(COD)
Proposal for a directive
Recital 34
Recital 34
(34) It is for the Member States to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this Directive. These may be regulatory or supervisory bodies in the areas concerned, law enforcement agencies, anti-corruption bodies and ombudsmen. The authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported, including by launching an investigation, prosecution or action for recovery of funds, or other appropriate remedial action, in accordance with their mandate. The staff serving in those agencies shall be specialized and have proper training and formation including on European and national data protection legislation.
Amendment 108 #
2018/0106(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Provided the confidentiality and anonymity of the identity of the reporting person is ensured, it is up to each individual private and public legal entity to define the kind of reporting channels to set up, such as in person, by post, by physical complaint box(es), by telephone hotline or through an online platform (intranet or internet). However, reporting channels should not be limited to those amongst the tools, such as in-person reporting and complaint box(es), which do not guarantee confidentiality and anonymity of the identity of the reporting person.
Amendment 118 #
2018/0106(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Effective detection and prevention of breaches of Union law requires ensuring that potential whistleblowers can easily and in anonymity and full confidentiality bring the information they possess to the attention of the relevant competent authorities which are able to investigate and to remedy the problem, where possible.
Amendment 119 #
2018/0106(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Effective detection and prevention of breaches of Union law requires ensuring that potential whistleblowers can easily, andonymously or in full confidentiality, bring the information they possess to the attention of the relevant competent authorities which are able to investigate and to remedy the problem, where possible.
Amendment 123 #
2018/0106(COD)
Proposal for a directive
Recital 55
Recital 55
(55) Member States should ensure that competent authorities have in place adequate protection procedures for the processing of reports of infringements and for the protection of the personal data of the persons referred to in the report. Such procedures should ensure that the identity and anonymity of every reporting person, concerned person, and third persons referred to in the report (e.g. witnesses or colleagues) is protected at all stages of the procedure. This obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information when this is required by Union or national law and subject to appropriate safeguards under such laws, including in the context of investigations or judicial proceedings or to safeguard the freedoms of others, including the rights of defence of the concerned person.
Amendment 129 #
2018/0106(COD)
Proposal for a directive
Recital 60
Recital 60
(60) To enjoy protection, the reporting persons should reasonably believe, in light of the circumstances and the information available to them at the time of the reporting, that the matters reported by them are true. This reasonable belief should be presumed unless and until proven otherwise. This is an essential safeguard against malicious and frivolous or abusive reports, ensuring that those who deliberately and knowingly report wrong or misleading information do not enjoy protection. At the same time, it ensures that protection is not lost where the reporting person made an inaccurate report in honest errorgood faith. In a similar vein, reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.
Amendment 131 #
2018/0106(COD)
Proposal for a directive
Recital 61
Recital 61
(61) The requirement of a tiered use of reporting channels, as a general rule, iuse of the different reporting channels necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptionrules to its application are necessary, allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case. Moreover, it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57 . _________________ 57 whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure; see, for instance, Guja v. Moldova [GC], no 14277/04, ECHR 2008.. One of the criteria for determining
Amendment 133 #
2018/0106(COD)
Proposal for a directive
Recital 62
Recital 62
(62) As a rule, rReporting persons shouldcan first use the internal channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (which may be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry).
Amendment 135 #
2018/0106(COD)
Proposal for a directive
Recital 63
Recital 63
(63) In other cases, internal channels could not reasonably be expected to function properly, for instance, where the reporting persons have valid reasons to believe that they would suffer retaliation in connection with the reporting; that their confidentiality would not be protected or their anonymous report would not be investigated; that the ultimate responsibility holder within the work- related context is involved in the breach; that the breach might be concealed; that evidence may be concealed or destroyed; that the effectiveness of investigative actions by competent authorities might be jeopardised or that urgent action is required (for instance because of an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment. In all such cases, persons reporting externally to the competent authorities and, where relevant, to bodies, offices or agencies of the Union shall be protected and anonymous reports shall be investigated upon, if well evidenced. Moreover, protection is also to be granted in cases where Union legislation allows for the reporting person to report directly to the competent national authorities or bodies, offices or agencies of the Union, for example in the context of fraud against the Union budget, prevention and detection of money laundering and terrorist financing or in the area of financial services.
Amendment 137 #
2018/0106(COD)
Proposal for a directive
Recital 64
Recital 64
(64) Persons making a public disclosure directly should also qualify for protection where the public has an overriding interest in being informed directly or in cases where a breach remains unaddressed (for example, it was not properly assessed or investigated or no remedial action was taken) despite having been reported internally and/or externally following a tiered use of available channels; or in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected , that evidence may be concealed or destroyed, or that the effectiveness of investigative actions by competent authorities might be jeopardised; or in cases of imminent and manifest danger for the public interest, or where there is a risk of irreversible damage, including, inter alia, harm to physical integrity.
Amendment 143 #
2018/0106(COD)
Proposal for a directive
Recital 71
Recital 71
(71) Beyond an explicit prohibition of retaliation provided in law, it is crucial that reporting persons who do suffer retaliation have access to legal remedies. The appropriate remedy in each case will be determined by the kind of retaliation suffered. It may take the form of actions for reinstatement (for instance, in case of dismissal, transfer or demotion, or of withholding of training or promotion) or for restauration of a cancelled permit, licence or contract; compensation for actual and future financial losses (for lost past wages, but also for future loss of income, costs linked to a change of occupation); compensation for other economic damage such as legal expenses and costs of medical and psychological treatment, and for intangible damage (pain and suffering).
Amendment 156 #
2018/0106(COD)
Proposal for a directive
Recital 84
Recital 84
(84) The objective of this Directive, namely to strengthen enforcement in certain policy areas and acts where misconduct or wrongdoing or breaches of Union law can cause serious harm to the public interest through effective whistleblower protection, cannot be sufficiently achieved by the Member States acting alone or in an uncoordinated manner, but can rather be better achieved by Union action providing minimum standards of harmonisation on whistleblower protection. Moreover, only Union action can provide coherence and align the existing Union rules on whistleblower protection. Therefore, 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 this objective.
Amendment 161 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union as well as national law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the followingmisconduct of public interest, unlawful activities or abuse of law:
Amendment 166 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 186 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) persons having or have had the status of worker, with the meaning of Article 45 TFEU, including persons having the status of civil servants;
Amendment 193 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 (new)
Article 2 – paragraph 1 – subparagraph 1 (new)
e) persons who are or were in contact with organisations.
Amendment 227 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work-related context and causes or may cause unjustified detriment to the reporting person;
Amendment 248 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
e) clear, transparent and easily accessible information regarding the procedures and information on how and under what conditions reports can be made externally to competent authorities pursuant to Article 13(2) and, where relevant, to bodies, offices or agencies of the Union.
Amendment 256 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall designate the authorities competent to receive and handle reports. This includes designating specific, independent competent authorities entitled to receive and proceed reports on classified or sensitive information.
Amendment 260 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
a) establish independent and autonomous external reporting channels, which are both secure and, ensure confidentiality and allow for anonymous disclosures, for receiving and handlprocessing information provided by the reporting person;
Amendment 264 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
c) transmit, while further ensuring confidentiality and/or anonymity of the reporting person, the information contained in the report to competent bodies, offices or agencies of the Union, as appropriate, for further investigation, where provided for under national or Union law.
Amendment 268 #
2018/0106(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
7 DesignStructure and functioning of external reporting channels
Amendment 284 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
c) the confidentiality regimemeasures applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed.
Amendment 286 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The detailed description referred to in point (c) of paragraph 1 shall include the exceptional cases in which confidentiality of personal data may not be ensurbe breached, including where the disclosure of data is a necessary and proportionate obligation required under Union or national law in the context of investigations or subsequent judicial proceedings or to safeguard the freedoms of others including the right of defence of the concerned person, and in each case subject to appropriate safeguards under such laws.
Amendment 294 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that competent authorities keep records of every report received. The reports will be stored only for as long as it is deemed necessary and proportionate after which they will be deleted.
Amendment 323 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. A person publicly disclosing information on breaches falling within the scope of this Directive shall qualify for protection under this Directive where one of the following conditions is fulfilled:
Amendment 325 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. A person making a publicly disclosing informationure on breaches falling within the scope of this Directive shall qualify for protection under this Directive where any of the following are met:
Amendment 332 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest, urgent threat to public health, safety or the environment or to the particular circumstances of the case, or where there is a risk of irreversible damage.;
Amendment 333 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest,a risk of collusion or cover-up or to the particular circumstances of the case, or where there is a risk of irreversiblesignificant damage.
Amendment 334 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
b a) internal or external reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channels;
Amendment 336 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1 (new)
Article 13 – paragraph 4 – subparagraph 1 (new)
c) where the public has an overriding interest in being informed directly.
Amendment 337 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b b (new)
Article 13 – paragraph 4 – point b b (new)
b b) he or she could not reasonably be expected to use internal or external reporting channels in light of the subject- matter of the report;
Amendment 338 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b c (new)
Article 13 – paragraph 4 – point b c (new)
b c) he or she had reasonable grounds to believe that the use of internal and external reporting channels could jeopardise the effectiveness of investigative actions by competent authorities.
Amendment 345 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
g) coercion, intimidation, harassment or ostracism at the workplace;
Amendment 349 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
n a) legal actions aimed to shut down critical speech by intimidating critics into silence and draining their resources.
Amendment 382 #
2018/0106(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Any processing of personal data carried out pursuant to this Directive, including the exchange or transmission of personal data by the competent authorities, shall be made in accordance with Regulation (EU) 2016/679 and Directive (EU) 2016/680. Any exchange or transmission of information by competent authorities at Union level should be undertaken in accordance with Regulation (EC) No 45/2001. Personal data which are not relevant for the handling of a specific case shall not be collected or, if accidentally collected, shall be immediately deleted.
Amendment 4 #
2018/0095M(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas Singapore is the eighth largest destination for EU foreign direct investment and the first in the ASEAN region; whereas,according to expert NGOs such as the Tax Justice Network Singapore continues to offer a range of secrecy offerings; full tax exemption for foreign-sourced income received in Singapore by any individual not resident in Singapore; absence of capital gains, gift or estate taxes; quasi-territorial tax system that exempts from individual income tax all foreign-sourced income not remitted to Singapore; wide array of tax treaties with other countries and, partly, as a result of this, has become a major turntable for so-called "round tripping" with India;
Amendment 11 #
2018/0095M(NLE)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas there is no empirical evidence of the need of such systems for the protection of investors and of the positive link with foreign direct investment flows;
Amendment 16 #
2018/0095M(NLE)
Motion for a resolution
Recital I
Recital I
I. whereas it is arguable whether developed economies with properly functioning judiciary systems should need tot avail themselves of investor- state dispute settlement mechanisms;
Amendment 17 #
2018/0095M(NLE)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas non-discriminatory treatment of foreign investors can be achieved without the inclusion of an ISDS/ICS mechanism; Given the EU’s and the Singapore´s developed legal systems such a mechanism is not necessary;
Amendment 19 #
2018/0095M(NLE)
Motion for a resolution
Recital K
Recital K
K. whereas the Parties committed to pursuing a multilateral investment court, an initiative strongly supported by Parliament if ambitious transparency, ethical and fairness requirements are met;
Amendment 23 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the EU’s new approach to investment protection and its enforcement mechanism (ICS), which has replaced the highly controversial investor- to-state dispute settlement (ISDS) in order to address some of its procedural flaws;
Amendment 29 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the agreement will ensure a high level of investment protection while safeguarding t; regrets that a similar level of ambition has not been reached for the enforcement of sustainable development provisions; Expects that the right oft he Parties’ right to regulate and pursue legitimate public policy objectives, such as public health and environmental protection; will be fully safeguarded; stresses that if a party regulates in a manner that negatively affects an investment or interferes with an investor’s expectations of profits this does not amount to a breach of investment protection standards and hence does not require any compensation
Amendment 36 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that there is no evidence for a parallel judicial system in trade and investment deals between highly developed legal systems; Stresses that existing levels of protection in the EU and Singapore should offer enough legal guarantees for investors
Amendment 47 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that third parties such as labour and environmental organisations can contribute to ICS proceedings through amicus curiae briefs; Demands that investor rights should be balanced by an equivalent legal mechanism accessible by trade unions and other stakeholders to enforce the investors obligations; Points out that the amicus curiae does not seek to address this imbalance; Underlines that the investment court still constitutes a separate system for foreign investors only;
Amendment 51 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the agreement represents an improvement on the investment protection provisions in CETA, as it incorporates provisions on obligations for former judges, a code of conduct to prevent conflicts of interests and a fully functioning Appellate Tribunal at the time of its conclusion; Regrets that the European Parliament was not involved in defining the detailed rules of conduct applicable to candidates for appointment as members of the tribunal or the appellate tribunal and the sanction mechanism in the event of non- compliance with the rules of conduct in order to fully respect independence of their judicial power
Amendment 59 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. WelcomesTakes note of Singapore’s commitment to the multilateral investment court, a public international court which shouldall be empowered to hear disputes on investments between investors and states that will have accepted its jurisdiction over their bilateral investment treaties, and whose ultimate goal ismust be to overcome the current, unbalanced and fragmented investment protection regime; considers the agreement a crucial stepping stone towards that end;
Amendment 64 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines that there is no empirical evidence of the need of such systems for the protection of investors or of the positive link with foreign direct investment flows; therefore no correlation between foreign direct investment and investment protection is found;
Amendment 69 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that the agreement will replace the existing bilateral investment treaties between 13 EU Member States and Singapore, which are based on outdated investment protection provisions and include the controversial ISDS; considers that this constitutes an important step in reforming global rules on investment dispute settlement and, it is hoped, will progressively lead to the removal of ISDS from bilateral investment treaties but will also create new rights for investors’ claims in 15 member states, exposing such countries to new financial risk;
Amendment 81 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets the lack of provisions on investors’ obligations, including binding corporate social responsibility standards; calls on the Commission to propose legislation laying down mandatory and enforceable due diligence standards in sectors other than conflict minerals and timber, such as the garment industry;
Amendment 84 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that a global approach to corporations’ compliance with human rights law and the availability of remedy mechanisms are lacking; Warmly welcomes the work initiated in the UN by the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights on the establishment of a binding UN instrument; cCalls on the Commission andfor a binding treaty to include mechanisms for coordination among states on investigating and prosecuting cross- border cases, and proposes companies are accountable for human rights violations in the forum where the harm was caused, or the forum where the parent company or subsidiary is incorporated. Urges the EU and Member States to engage genuinely and constructively in the negotiations;
Amendment 92 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 95 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that the Belgian government has requested the ECJ an opinion on the compatibility of ICS with the EU legal framework; therefore suspends its consent procedure until the ECJ has issued its opinion on this matter;
Amendment 1 #
2018/0093M(NLE)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to European Parliament resolution containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA) of 3 February 2016;
Amendment 2 #
2018/0093M(NLE)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to Protocol 26 to the Treaty on the Functioning of the European Union on services of general interest;
Amendment 3 #
2018/0093M(NLE)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
- having regard to its recommendation following the inquiry on money laundering, tax avoidance and tax evasion P8_TA-PROV(2017)0491;
Amendment 30 #
2018/0093M(NLE)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the economic impact analysis of the EU-Singapore FTA, conducted by the European Commission in 2013, states that Singapore´s GDP could increase by 0.94%, or 2.7 billion and EU GDP by 550 million;
Amendment 34 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the signing in Brussels, on 19 October 2018, of the FTA;
Amendment 37 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that negotiations were originally concluded in 2012 and regrets the long delay in bringing forward the agreement for ratificationbut ratification was delayed due to the request to the Court of Justice for an opinion to determine whether the EU-Singapore FTA is an “EU-only” or “mixed” agreement;
Amendment 40 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that EU trade agreements should be put in the service of sustainable development for the many and to protect consumers, workers and the environment, to create decent jobs, to fight money laundering, tax evasion and the financing of terrorism, to uphold EU standards, safeguarding public services and respecting democratic procedures whilst boosting EU export opportunities; therefore a fundamental change in the current trade paradigm is of utmost importance, putting sustainability on equal footing with economic interests;
Amendment 60 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that trade Agreements should include a binding Tax Good Governance Clause that would reaffirm the Parties’ commitment to implementation of agreed international standards in the fight against tax evasion and avoidance, money laundering and the financing of terrorism, , on obligations for country-by-country reporting, automatic exchange of information and the establishment of public registers of beneficial ownership;
Amendment 69 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the improved access under this agreement to Singapore’s public procurement market as compared to under the Government Procurement Agreement (GPA); stresses that ecological and social criteria, including gender equality criteria, should be applied in awarding public procurement contracts;
Amendment 76 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the agreement recognises the right of Member States at all levels to define, finance and provide public services and does not prevent governments from bringing any privatised service back in to the public sector; Regrets however that public services are not fully excluded from the scope of the agreement; Underlines the preference for a gold standard clause that unequivocally carves out public services from all trade and investment obligations;
Amendment 78 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Demands that any provisions on Mode 4 (temporary movement of natural persons) must be subject to an effective international cooperation of the legal authorities for the enforcement of social and employment legislation, collective wage agreements and minimum wages;
Amendment 82 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the agreement safeguards the EU’s right to apply its own standards to all goods and services sold in the EU and upholds the EU’s precautionary principle; Stresses that nothing in the agreement should prevent the application of the precautionary principle in the European Union as set out in the Treaty on the Functioning of the European Union. Firmly underlines that all imports from Singapore into the EU must respect all standards imposed on EU products;
Amendment 87 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Expects that both parties commit to ensure high levels of environmental and labour protection; calls on the EU and Singapore to take all necessary actions to implement the Sustainable Development Goals;
Amendment 90 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that this is a progressive trade agreement andNotes that both Parties committed in the trade and sustainable development (TSD) chapter to ensure a high level of environmental and labour protection; Deplores that a sanction-based mechanism to effectively enforce sustainable development related provisions has not been included in the TSD chapter;
Amendment 96 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recallgrets that the Parties committed to make sustained efforts towardsSingapore has not ratified the three outstanding ILO core conventions (on Freedom of Association and Protection of the Right to Organise, on Discrimination and on Forced Labour) before the negotiations have been concluded; Calls on Singapore to ratifying and effectively implementing the three outstanding fundamental ILO conventions; welcomes as soon as possible; takes note of the information provided so far by the Government of Singapore in relation to its compliance with the three outstanding ILO conventions, namely those on Freedom of Association and Protection of the Right to Organise, on Discrimination and on Forced Labour, and expects and calls on Singapore to further engage with the ILO with a view to progressing towards full alignment with their content and ultimately pursuing their ratification;
Amendment 99 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change and to the sustainable management of forests and fisheries; Points out that the EU- Singapore agreement could be an instrument to combat climate change and to accelerate and intensify the actions and investments needed for a sustainable low carbon future; regrets that no binding measures or targets are included in the agreement; calls on the Commission to introduce binding greenhouse gas emissions targets, including through the use of a sanctions based mechanism;
Amendment 101 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Stresses that regulatory cooperation is voluntary and by no means should limit the right to regulate or open the door to any kind of regulatory chill or weakening of the level of protection of labour, the environment, consumers, the fight against money laundering and the financing of terrorism, health and food safety in order to encourage or attract trade; Stresses the importance of excluding sensitive regulations; Underlines that any cooperation should not undermine the internal legislative process in the EU, including appropriate consultations of EU stakeholders, nor affect in any way the prerogatives of the European Parliament under the EU Treaties;
Amendment 103 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial and calls for a swift establishment of domestic advisory groups following the entry into force of the agreement and for a balanced representation of civil society therein; calls on the Commission to allocate more resources to these mechanisms and to provide support to ensure constructive participation of civil society;
Amendment 108 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls that the European Court of Justice has stated, in its 2/15 Opinion on EU-Singapore FTA that trade and sustainable development chapters have a direct and immediate effect on trade and that a breach on sustainable development provisions authorises the other Party to terminate or suspend the liberalisation provided for on other provisions of the FTA;
Amendment 114 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to trigger the general review clause of the agreement as sooboth parties to start working immediately on an effective sanction mechanism in cas possiblee of sustained violations in order to strengthen the enforceability of labour and environmental provisions including through a sanctions-based mechanism as a last resort;
Amendment 116 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Suspends the consent procedure in respect of the draft agreement for a period of one year from the moment of adoption of this decision to substantially improve the TSD-chapter;
Amendment 56 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 2
Annex I – paragraph 1 – indent 2
– have Articles 77(2)(b) and 78(2)(gd) of the Treaty on the Functioning of the European Union as legal basis,
Amendment 79 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 6
Annex I – paragraph 1 – indent 6
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014 , and who are in need of protection against a real risk of being exposed to persecution or serious harm, as defined in Directive 2011/95/EU5 , in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who are not covered by [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6 ,. Humanitarian visas should not be used for family members who would otherwise have a right to join their family in a Member State in a timely manner in accordance with other legal acts of the Union or national law. Family reunification should be independent of humanitarian visas and should be maintained as a key mechanism to ensure that Union citizens and third country nationals legally residing in the territory of the Member States enjoy their fundamental right to respect for family life. _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 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). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
Amendment 112 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 13
Annex I – paragraph 1 – indent 13
– provide that such visa applications shall be decided on within 15 calendar days of the date of lodging the application,
Amendment 133 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 20
Annex I – paragraph 1 – indent 20
Amendment 41 #
2017/2131(INL)
Motion for a resolution
Annex I – point 6
Annex I – point 6
(6) Since its adoption and entry into force in January 2012, the Constitution of Hungary (the “Fundamental Law”) has been amended six times - having regard to the Fundamental Law of Hungary, adopted on 18 April 2011 by the National Assembly of the Hungarian Republic, which entered into force on 1 January 2012 (hereinafter referred to as ‘the Fundamental Law’), the Transitional Provisions of the Fundamental Law of Hungary, adopted on 30 December 2011 by the National Assembly, which also entered into force on 1 January 2012 (hereinafter referred to as ‘the Transitional Provisions’), the First Amendment to the Fundamental Law, tabled by the Minister for National Economy on 17 April 2012 and adopted by the Hungarian Parliament on 4 June 2012, establishing that the Transitional Provisions are part of the Fundamental Law, to the Second Amendment to the Fundamental Law, tabled on 18 September 2012 in the form of an individual member’s bill and adopted by the Hungarian Parliament on 29 October 2012, introducing the requirement of voter registration into the Transitional Provisions, the Third Amendment to the Fundamental Law, tabled on 7December 2012, adopted by the Hungarian Parliament on 21 December 2012 and establishing that the limits and conditions for acquisition of ownership and for use of arable land and forests and the rules concerning the organisation of integrated agricultural production are to be laid down by cardinal law, the Fourth Amendment of the Fundamental Law, tabled on 8 February 2013 in the form of an individual member’s bill and adopted by the Hungarian Parliament on 11 March 2013, which, among other provisions, integrates into the text of the Fundamental Law the Transitional Provisions (with some exceptions including the provision requiring voter registration) annulled by the Constitutional Court of Hungary on 28 December 2012 on procedural grounds (Decision No 45/2012), and remaining provisions of a genuinely transitional nature in this document. The Venice Commission expressed its concerns regarding the constitution-making process in Hungary on several occasions, both as regards the Fundamental Law and amendments thereto. The criticism focused on the lack of transparency of the process, the inadequate involvement of civil society, the absence of sincere consultation, the endangerment of the separation of powers and the weakening of the national system of checks and balances.
Amendment 60 #
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. 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 61 #
2017/2131(INL)
Motion for a resolution
Annex I – subheading 2 a (new)
Annex I – subheading 2 a (new)
having regard to Act CXI of 2012 on the Amendment of Act CLXI of 2011 on the organisation and administration of courts and Act CLXII of 2011 on the legal status and remuneration of judges in Hungary and to Act XX of 2013 on the legislative amendments relating to the upper age limit applicable in certain judicial legal relations.
Amendment 78 #
2017/2131(INL)
Motion for a resolution
Annex I – point 17 a (new)
Annex I – point 17 a (new)
(17a) The International Bar Association’s Human Rights Institute (IBAHRI) expresses in its Report 2015 deep concern that, following the significant legislative reform implemented during Hungary’s incumbent government’s first term in office, the independence and impartiality of the Hungarian judiciary can’t be guaranteed and the rule of law guarantees remain weakened.
Amendment 90 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 a (new)
Annex I – point 20 a (new)
(20a) Between 2012 and 2017, Hungary operated its highly disturbing residency bond program that offered residence permit to some 20 000 people according to reports of investigative journalism. Those who acquired such bonds could maintain a permanent residence permit without limitation. The foreigners did not invest in the residency government bonds directly, but did so through designated intermediary companies with opaque ownership structures. These companies charge 40 000- 60000 euro service fees for their operations, and were hand-picked by the Economic Committee of the Parliament without public tender or legal oversight. Such conditions have created a hotbed for corruption.
Amendment 98 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 b (new)
Annex I – point 20 b (new)
(20b) Following a two-year investigation, OLAF has found “serious irregularities” around infrastructure projects co-financed by EU cohesion fund and connected to prime minister Viktor Orban’s son-in-law, indicating both high levels of corruption and conflict of interests.
Amendment 99 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 c (new)
Annex I – point 20 c (new)
(20c) Several indicators signal high levels of misconduct regarding EU funds. The share of contracts awarded after public procurement procedures that received only a single bid remains high at 36% in 2016. Hungary has the highest percentage in the Union of financial recommendations from OLAF in the areas of Structural Funds and Agriculture for the 2013-2016 period at 4,16% (which is 900% higher than the EU average). Hungary decided not to participate in the establishment of the European Public Prosecutor’s Office.
Amendment 100 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 d (new)
Annex I – point 20 d (new)
(20d) According to the Global Competitiveness Report 2017-2018 the high level of corruption was one of the most problematic factors for doing businesses in Hungary. Since 2008 Hungary has fallen by 19 points in the Corruption Perception Index.
Amendment 130 #
2017/2131(INL)
Motion for a resolution
Annex I – point 29
Annex I – point 29
(29) On 17 October 2017, the Hungarian Parliament extended the deadline for foreign universities operating in the country to meet the new criteria to 1 January 2019. Negotiations between the Hungarian Government and foreign higher education institutions affected, in particular, the Central European University, are still ongoing, while the legal limbo for foreign universities remains. Notes that the Central European University complied with the new requirements imposed by the Amendment of Act CCIV of 2011 on National Tertiary Education in due time, but the Hungarian Government is reluctant to sign the reached agreement.
Amendment 134 #
2017/2131(INL)
Motion for a resolution
Annex I – point 31
Annex I – point 31
(31) In 2011, the Hungarian Parliament adopted Act CCVI of 2011 on the Right to Freedom of Conscience and Religion and the Legal Status of Churches, Denominations and Religious Communities of Hungary. The Act, which was adopted on 30 December 2011 and entered into force on 1 January 2012, deprived many religious organisations of legal personality and reduced the number of legally recognised churches in Hungary to 14. On 16 December 2011 the Council of Europe Commissioner for Human Rights shared his concerns about this Act in a letter sent to the Hungarian authorities. In February 2012, responding to international pressure, the Hungarian Parliament expanded the number of recognised churches to 31. On 19 March 2012 the Venice Commission adopted its Opinion on Act CCVI of 2011 on the Right to Freedom of Conscience and Religion and the Legal Status of Churches, Denominations and Religious Communities of Hungary, where it indicated that the Act sets a range of requirements that are excessive and based on arbitrary criteria with regard to the recognition of a church, that the Act has led to a deregistration process of hundreds of previously lawfully recognised churches and that the Act induces, to some extent, an unequal and even discriminatory treatment of religious beliefs and communities, depending on whether they are recognised or not.
Amendment 158 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38
Annex I – point 38
(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. On 3 March 2018, UN human rights experts warned that the bill would lead to undue restrictions on the freedom of association and the freedom of expression in Hungary. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with their activities. The Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe on 22 March 2018 requested an opinion of the Venice Commission on the compatibility of the “Stop Soros” draft legislative package with international human rights standards.
Amendment 162 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38 a (new)
Annex I – point 38 a (new)
(38a) Ensuring an enabling environment for civil society is an obligation under international human rights and EU law. The measures of the Hungarian government’s to obstruct the work of civil society organisations are contrary to the EU’s founding principles as enshrined in Article 2 TEU.
Amendment 198 #
2017/2131(INL)
Motion for a resolution
Annex I – point 48
Annex I – point 48
(48) On 29 June - 1 July 2015, the OSCE Office for Democratic Institutions and Human Rights conducted a field assessment visit to Hungary, following reports about the actions taken by the local government of the city of Miskolc concerning forced evictions of Roma. On 26 January 2016 the Council of Europe Commissioner for Human Rights sent a letter to the Hungarian authorities expressing concerns about the treatment of Roma in Miskolc. The Commissioner for Fundamental Rights and the Deputy- Commissioner for the Rights of National Minorities issued a joint opinion on 5 June 2015 about the fundamental rights violations against the Roma in Miskolc, the recommendations of which the local government failed to adopt.
Amendment 211 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. The Fundamental Rights Officer of the European Border and Coast Guard Agency visited Hungary in October 2016 as well as in March 2017, owing to the Officer’s concern that the Agency might be operating under conditions which do not commit to the respect, protection and fulfilment of the rights of persons crossing the Hungarian-Serbian border, that may put the Agency in situations that de facto violate the Charter of Fundamental Rights of the European Union. The Fundamental Rights Officer concluded in March2017 that the risk of shared responsibility of the Agency in the violation of fundamental rights in accordance with Article 34 of the European Border and Coast Guard Regulation remains very high.
Amendment 213 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. Given the worsening situation of asylum-seekers in Hungary the UN Refugee Agency called on 10 April 2017 for a temporary suspension of all transfers of asylum-seekers to Hungary from other European States under the Dublin Regulation.
Amendment 222 #
2017/2131(INL)
Motion for a resolution
Annex I – point 53
Annex I – point 53
(53) On 12-16 June 2017, the Special Representative of the Secretary General of the Council of Europe on migration and refugees visited Serbia and two transit zones in Hungary. In his report, the Special Representative made several recommendations, including a call on the Hungarian authorities to take the necessary measures, including by reviewing the relevant legislative framework and changing relevant practices, to ensure that all foreign nationals arriving at the border or who are on Hungarian territory are not deterred from making an application for international protection. In his report, the Special Representative stated that violent pushbacks of migrants and refugees from Hungary to Serbia raise concerns under Articles 2 (the right to life) and 3 (prohibition of torture) of the ECHR. The Special Representative also noted that the restrictive practices of admission of asylum-seekers into the transit zones of Röszke and Tompa often make asylum- seekers look for illegal ways of crossing the border, having to resort to smugglers and traffickers with all the risks that this entails. The Special Representative concluded that it is necessary that the Hungarian legislation and practices are brought in line with the requirements of the ECHR. On 5-7 July a delegation of the Council of Europe Lanzarote Committee (Committee of the Parties to the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse) also visited two transit zones and made a number of recommendations, including a call to treat all persons under the age of 18 years of age as children without discrimination on the ground of their age, to ensure that all children under Hungarian jurisdiction are protected against sexual exploitation and abuse, and to systematically place them in mainstream child protection institutions in order to prevent possible sexual exploitation or sexual abuse against them by adults and adolescents in the transit zones.
Amendment 228 #
2017/2131(INL)
Motion for a resolution
Annex I – point 54 a (new)
Annex I – point 54 a (new)
(54a) In its judgment of 6 September 2017 in Case C-643/15 and C-647/15, the Court dismisses in their entirety the actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers. Slovakia and Hungary voted against the adoption of the contested decision in the Council and have asked the Court of Justice to annul the decision.
Amendment 242 #
2017/2131(INL)
Motion for a resolution
Annex I – point 56 a (new)
Annex I – point 56 a (new)
(56a) Is concerned about the mood in society which has been fuelled by the policies implemented in the recent years and the “tax financed” campaigns led by the government against refugees, minorities and other citizens.
Amendment 245 #
2017/2131(INL)
Motion for a resolution
Annex I – point 57
Annex I – point 57
(57) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated his concern at measures taken to prohibit rough sleeping and the construction of huts and shacks, which have widely been described as criminalising homelessness in practice. The Commissioner urged the Hungarian authorities to investigate reported cases of forced evictions without alternative solutions and of children being taken away from their families on the grounds of poor socio-economic conditions. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about state and local legislation, based on the Fourth Amendment to the Fundamental Law, which designates many public areas as out- of-bounds for “sleeping rough” and effectively punishes homelessness. On 15 February 2012 and 11 December 2012 the Office of the UN High Commissioner for Human Rights (OHCHR) called on Hungary to reconsider legislation allowing local authorities to punish homelessness and to uphold the Constitutional Court’s decision decriminalising homelessness.
Amendment 250 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 a (new)
Annex I – point 58 a (new)
(58a) The UN Committee on the Rights of Children’s report on ‘Concluding observations on the combined third, fourth and fifth periodic reports of Hungary’, published in 14 October 2014, voiced concerns over an increasing number of cases where children are being taken away from their family based on poor socio economic condition. Parents may lose their child due to unemployment, lack of social housing and lack of space in temporary housing institutions. Based on a study by European Roma Right Centre, this practice disproportionately affects Roma families and children.
Amendment 252 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 b (new)
Annex I – point 58 b (new)
(58b) Hungary is not in compliance with the European Social Charter on the grounds that Hungary fails to protect its citizens against extreme poverty. Hungary’s workfare program pays less to citizens than the statutory minimum wage. The program creates dependencies and undermines democracy and the rule of law.
Amendment 253 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 c (new)
Annex I – point 58 c (new)
(58c) This winter, 149 people froze to death in Hungary by mid-February. This was reported by the Internet portal “24.hu” on Tuesday, citing the Hungarian Social Forum (MSZF), a network of independent aid organisations. 47 percent of the victims are people living in poverty and frozen to death in their unheated homes, the report said. The others died of frostbite they had suffered outdoors.
Amendment 254 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 d (new)
Annex I – point 58 d (new)
(58d) whereas Hungary signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention)in 2014, but has not yet ratified it. Calls on the Hungarian government to ratify the Istanbul Convention as soon as possible.
Amendment 255 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 e (new)
Annex I – point 58 e (new)
(58e) Recognises the efforts taken in the anti-human trafficking laws and encourages the government to continue and improve the services of victim support by strengthening victim- and women rights organisations.
Amendment 1 #
2017/0360R(NLE)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 10 #
2017/0360R(NLE)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to its resolution of 25 November 2019 on the Union’s accession to the Istanbul Convention on preventing and combating violence against women 14a, _________________ 14a Texts adopted, P9_TA(2019)0080.
Amendment 11 #
2017/0360R(NLE)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme 16a, _________________ 16a Texts adopted, P8_TA(2019)0407.
Amendment 53 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates its position as regards the budget envelope for the new Rights and Values Programme within the next Multiannual Financial Framework, and calls to ensure that adequate funding is provided for national and local civil society organizations to grow grassroots support for democracy, rule of law and fundamental rights in the Member States, including Poland;
Amendment 76 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence and is capable of creating legal uncertainty as to the validity of such review22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
Amendment 80 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; notes with concern that the elections, originally scheduled to be held on 10 May 2020, were eventually postponed without respecting formal legal requirements; _________________ 23Regulation (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). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
Amendment 88 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016, as well as the package of three acts adopted at the end of 2016, seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefothat the first two acts were declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland since the entry into force of the aforementioned legislative changes25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal; _________________ 25 Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
Amendment 102 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that, in 2017, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judgejudges of the Supreme Court and of common courts, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8.
Amendment 106 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the referring Supreme Court (Labour Chamber) subsequently concluded in its judgment of 5 December 2019 that the Disciplinary Chamber does not fulfil the requirements of an independent and impartial tribunal, and that the Supreme Court (Civil, Criminal and Labour Chambers) adopted a resolution on 23 January 2020 reiterating that the Disciplinary Chamber is not a court due to its lack of independence and therefore its decisions shall be considered null and void; notes with grave concern that the Polish authorities have declared that those decisions are of no legal significance when it comes to the continuing functioning of the Disciplinary Chamber and the NCJ, and that the Constitutional Tribunal has ‘suspended’ the resolution of 23 January 2020, creating a dangerous judiciary duality in Poland and moreover openly defying the primacy of Union law and the status granted to the CJEU by Article 19(1) TEU in that it limits the effectiveness and application of the CJEU’s ruling of 19 November 201932 ; _________________ 32Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 38.
Amendment 112 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the Supreme Court (Labour Chamber), implementing the criteria set out by the CJEU in its judgment of 19 November 2019, found in its judgment of 5 December 2019 and in its decisions of 15 and 23 January 2020 that the decisive role of the new NCJ in the selection of the judges of the newly created Disciplinary Chamber undermines the latter’s independence and impartiality; is concerned about the legal status of the judges appointed or promoted by the NCJ in its current composition and about the impact their participation in adjudicating may have on the validity and legality of proceedings;
Amendment 114 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the European Network of Councils for the Judiciary (ENCJ) suspended the new NCJ on 17 September 2018 for reason of no longer fulfilling the requirements of being independent of the executive and legislature and is now considering expelling the new NCJ entirelyhas initiated the expulsion procedure in April 202035 ; _________________ 35 ENCJ, Letter of 21 February 2020 by the ENCJ Executive Board. See as well the letter of 4 May 2020 by the European Association of Judges in support of the ENCJ.
Amendment 116 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May 2011 on the NCJ as amended in 2017 and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
Amendment 126 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Expresses concern regarding the disciplinary proceedings initiated against common court judges in reference to their judicial decisions or public statements in defence of judicial independence;
Amendment 139 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Is concerned about reports alleging undue delays in court proceedings, difficulties in accessing legal assistance during arrest, and instances of insufficient respect for the confidentiality of communication between counsel and client44 ; calls on the Commission to closely monitor the situation of lawyers in Poland; reminds of the right of all citizens to being advised, defended and represented by an independent lawyer according to Article 48 of the Charter of Fundamental Rights; _________________ 44UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, para. 33.
Amendment 150 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Recalls that in its resolution of 14 September 2016, Parliament has expressed its concern about already adopted and newly suggested changes to Polish media law; repeats its call on the Commission to carry out an assessment of the legislation adopted as regards its compatibility with Union Law, in particular, regarding the with Article 11 of the Charter of Fundamental Rights and Union legislation on public media;
Amendment 151 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recalls that, in its resolution of 16 January 2020, Parliament has called on the Council to address in the hearings under Article 7(1) of the TEU any new developments in the field of freedom of expression, including media freedom; condemns cases of censoring content by the public broadcasters in Poland;
Amendment 227 #
2017/0360R(NLE)
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination;
Amendment 234 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters, given that national courts have refused to or hesitated to release Polish suspects under the European Arrest Warrant (EAW) procedure due to profound doubts about the independence of the Polish judiciary; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured;
Amendment 252 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary tools; strongly supports the Commission’s approach on inclusion of rule of law conditionality in the future Multiannual Financial Framework; calls on the Commission to continue to keep Parliament regularly informed and closely involved;
Amendment 30 #
2017/0158(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) With regard to the European Union's commitment to fair processes and victim compensation, as well as the UNESCO constitution and conventions on heritage protection, the restitution of objects traded and/or excavated or obtained illegally must be ensured.
Amendment 31 #
2017/0158(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) With respect to the exploitation of colonial peoples and territories undertaken by member states of the Union in the past, this regulation aims to break with a eurocentrist view and takes regional and local characteristics, rather than market value, of cultural production into account.
Amendment 32 #
2017/0158(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Cultural heritage constitutes one of the basic elements of civilisation, it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage. A significant, unidentifiable quantity of cultural goods on the market originates from predatory excavations or plundering. This causes irreparable damage to the cultural memory of humankind. Looting of archaeological sites happened at all times, but has now reached an industrial scale. As long as it is possible to engage in lucrative trade in illegally excavated cultural goods and profit without any notable risks, these excavations and looting will continue in the future. The Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries.
Amendment 37 #
2017/0158(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) When cultural objects are taken out of context, the population is deprived of its customs and places of remembrance and worship. The historical context and scientific value of objects are lost if associated items are sold separately.
Amendment 38 #
2017/0158(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The targeting of objects relevant to a specific culture and/or ethnicity is a process affiliated to ethnic cleansing. Therefore, the illicit trading of cultural goods is not an apolitical crime, but in many cases contributes to the achievement of forceful cultural homogenization and/or expulsion.
Amendment 39 #
2017/0158(COD)
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) The fight against illicit trade in cultural goods requires inter-agency cooperation and international coordination. Common databases and a harmonization of legal processes are necessary to efficiently prevent crimes in general, but are specifically relevant for the retrievement of irreplaceable objects.
Amendment 40 #
2017/0158(COD)
Proposal for a regulation
Recital 2 d (new)
Recital 2 d (new)
(2d) In view of the irreplaceability of cultural goods and the interest of the public, possession of these can only be conditional. The import procedure must include an assurance of subsequent appropriate storage, documentation, accessibility granted to academic institutions and public museums, and cooperation in the case of justified restitution claims.
Amendment 50 #
2017/0158(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order not to impede trade with goods across the external border disproportionately, this Regulation should only apply to goods meeting a certain age limit. For that purpose, it seems appropriate to set a 25100 year minimum age threshold for all categories of cultural goods, in line with the provisions of the 1954 Hague Convention, the 1970 UNESCO Convention and of the 1995 UNIDROIT Convention. That minimum age threshold will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage.
Amendment 70 #
2017/0158(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For many reasons, countries in war and crisis regions are usually unable to protect their cultural heritage. Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licencse or a statement in order to ensure their safety and preserva, on the condition that competent government authorities accompany and administer the process until restitution.
Amendment 83 #
2017/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the Union. Regulating the procedures of import, its purpose is to be found in the preservation of cultural heritage in territories outside the Union.
Amendment 87 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) '‘cultural goods'’ means any object which is of significant importance for archaeology, prehistory, history, literature, art or science and which, is unique in its characteristics, contributes greatly to the commemoration of the history of mankind, belongs to the categories listed in the table in Annex and meets the minimum age threshold specified therein;
Amendment 110 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The holder of the goods shall apply for an import licence to the competent authority of the Member State of entry. The application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 ('the 1970 UNESCO Convention'), the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations. Additionally, an assurance of appropriate storage entailing documentation, accessibility granted to academic institutions and public museums, and cooperation in the case of justified restitution claims must accompany and qualifies for import licenses.
Amendment 137 #
2017/0158(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Importer statement and preservation assurance
Amendment 141 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The release for free circulation and the placing under a special procedure other than transit in the Union of the cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (k) and (l) of the Annex shall be subject to the submission of an importer statement and a preservation assurance to the customs authorities of the Member State of entry.
Amendment 151 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The importer statement and the preservation assurance shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities.
Amendment 153 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The preservation assurance shall contain a declaration signed by the holder of the goods that the goods will be stored appropriately during transit and sale as mentioned in Article 4, as well as sold exclusively to buyers able to comply with member state regulation concerning the proper handling of cultural goods.
Amendment 156 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission may adopt, by means of implementing acts, the template for the importer statement, the preservation assurance, as well as the procedural rules on the submission and processing of the importer stateboth documents. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 198 #
2017/0158(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the Union, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Ownership of cultural goods is insofar a right as it is used in the public interest. A violation of laws concerning the protection of those goods can lead to the expropriation of legally acquired goods as parts of related collections. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 203 #
2017/0158(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities concerned. They mayshall also use awareness-raising campaigns to sensitise in particular buyers of cultural goods.
Amendment 220 #
2017/0158(COD)
Proposal for a regulation
ANNEX
ANNEX
Combined Nomenclature Minimum age Supplementary Categories of cultural goods (CN) Chapter, Nomenclature threshold units threshold units(CN) Chapter, Heading or Subheading (a) Rare collections and specimens of More than 250 100 number of fauna, flora, minerals and anatomy, and ex 9705 years old items (p/st) objects of palaeontological interest; (b) objects relating to history, including the history of science and technology and military and social history, to the life of More than 250 100 number of ex 9705 national leaders, thinkers, scientists and years old items (p/st) artists and to events of national importance; (ba) objects relevant to religious or More than 100 Number of Ex 9705 spiritual practices; years old items (p/st) (c) products of archaeological excavations, including regular or clandestine, or of ex 9705; ex More than 250 100 number of archaeological discoveries on land or 9706 years old items (p/st) underwater; (d) elements of artistic or historical ex 9705; ex More than 250 100 number of monuments or archaeological sites which 9706 years old items (p/st) have been dismembered; (e) antiquities, such as inscriptions, coins More than 250 100 number of ex 9706 and engraved seals; years old items (p/st) (f) objects of ethnological interest; More than 250 100 number of ex 9705 years old items (p/st) (g) objects of artistic interest, such as: / / / / (i) pictures, paintings and drawings produced entirely by hand on any support More than 250 100 number of and in any material, excluding industrial ex 9701 years old items (p/st) designs and manufactured articles decorated by hand; (ii) original works of statuary art and More than 250 100 number of ex 9703 sculpture in any material; years old items (p/st) (iii) original engravings, prints and ex Chapter 49; More than 250 100 number of lithographs; ex 9702; years old items (p/st) (iv) original artistic assemblages and More than 250 100 number of ex 9701 montages in any material; years old items (p/st) (h) rare manuscripts and incunabula, ex 9702; ex 9706; ex 4901 10 and ex 4901 More than 25100 number of 99; ex 4904; ex years old items (p/st) 4905 91 and ex 4905 99; ex 4906 (i) old books, documents and publications ex 9705; ex More than 25100 number of of special interest, singly or in collections; 9706 years old items (p/st) (j) postage, revenue and similar stamps, More than 25100 number of ex 9704 singly or in collections; years old items (p/st) (k) archives, including sound, ex 3704; ex photographic and cinematographic 3705; ex 3706; More than 25100 number of archives; ex 4901; ex years old items (p/st) 4906; ex 9705; ex 9706 (l) articles of furniture and old musical More than 25100 number of ex 9706 instruments. years old items (p/st)
Amendment 42 #
2016/2328(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the FRA study "Making hate crime visible in the European Union: acknowledging victims’ rights" states that an immigrant status enhances the risk of being criminally victimised, independent of other known risk factors;
Amendment 48 #
2016/2328(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas the FRA survey "Second European Union minorities and discrimination survey" states that only one out of eight respondents reported or filed a complaint about the most recent incident of discrimination they experienced because of their ethnic or immigrant background;
Amendment 79 #
2016/2328(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. DeplorCritizes that the Commission has not submitted a report to Parliament and to the Council on the application of the Victims’ Rights Directive by November 2017, in accordance with Article 29 of the directive;
Amendment 80 #
2016/2328(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RegretCritizes that two years after transposition was due, only 23 out of 27 Member States had officially transposed the Victims’ Rights Directive by September 2017, and among these, some are only partially compliant and only on some provisions;
Amendment 104 #
2016/2328(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds the Member States of the importance to ensure that the residence status is not an obstacle to the rights under the Directive; welcomes the steps taken by some Member States in order to give undocumented victims a safe option to report crimes without being reported to immigration authorities or to obtain a residence permit on humanitarian grounds; reminds the Member States in this context of Article 59 of the Istanbul Convention which states that victims in the scope of the Convention can be granted a renewable residence permit if the competent authority considers that their stay is necessary for their cooperation in criminal proceedings; considers that granting stays of deportation to all undocumented victims for the duration of criminal proceedings or granting temporary residence permits could encourage them to report crimes and counter the climate of impunity for perpetrators;
Amendment 238 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on the Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;
Amendment 239 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Calls on Member States to set up mechanisms for recovering adequate compensation payments from the offender;
Amendment 1 #
2016/2224(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission stated in its communication of 5 July 2016 that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, transnational tax evasion and unfair trading practices, which deprives European tax authorities of legitimate tax revenue and contributes to distort fair competition within the European single market;
Amendment 4 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contexts; stresses, however, that existing cultural differences do not detract from the need for legal protection of whistle-blowers in Member States; Stresses that whistleblowing is an important means of bringing to light otherwise secret information like revealing misconduct, wrongdoing or illegal activity, provided by Union or national law; notes that whistleblowing is not to be confused with denunciation; is of the opinion that whistleblowers are essential for the purpose of protecting the public interest, for ensuring transparency, for the fight against organised crime and tax evasion and tax avoidance, and that they are an essential pillar of the EU- strategy against corruption and for ensuring that companies and governments are called to account;
Amendment 6 #
2016/2224(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the protection of whistle- blowers is essential in order to safeguard the public good and the financial interests of the European Union and to promote a culture of public accountability and integrity in both public and private institutions;
Amendment 8 #
2016/2224(INI)
Draft opinion
Recital Β
Recital Β
B. whereas the safeguarding of the confidentiality of the whistle-blowers’ information contributes to the creation of more effective channels for reporting fraud, corruption, wrongdoing, misconduct or other serious infringements, and whereas, given the sensitivity of the information, mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union;
Amendment 12 #
2016/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that the protection of whistleblowers is essential for the freedom of expression, the plurality of opinions, democracy and freedom;
Amendment 13 #
2016/2224(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that there is a need for legal protection of whistleblowers in the European Union; reaffirms that the rule of law is beneficial for a culture of the freedom of expression;
Amendment 13 #
2016/2224(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas protection of whistle- blowers cannot be achieved only via legal measures but also fostering a cultural change in European societies. Encourages Member States and European Commission to build a narrative, which underlines the fundamental role that whistle-blowers play in our societies;
Amendment 14 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 14 #
2016/2224(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Whereas the protection of whistle- blowers in the European Union should not only be limited to European cases, but should also apply to international cases.
Amendment 19 #
2016/2224(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that in democratic and open states based on the rule of law, citizens have a right to know about violations of their fundamental rights and to denounce them, including those involving their own government;
Amendment 20 #
2016/2224(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Notes that the culture of whistle- blowing is contested and ill-conceived in many Member States and among the European public; highlights the need for a change in the perception of whistle- blowing and its connection to fundamental rights; states that whistle- blowing should be promoted as civic engagement and as an act of good citizenship supported by communication, learning, education and training; states, that within the “risk society” information brought to light by whistle-blowers is needed to conduct a public discourse about the dangers and opportunities of social and technological innovation; therefore encourages the Member States to start a public dialogue on whistle- blowing in order to raise awareness and to incentivise citizens to speak up if they discover misconduct, wrongdoings or fraud;
Amendment 21 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimemisconduct, wrongdoing, activities that harm the public interest or criminal or illegal activities; notes that throughout the recent cases of whistle-blowing, it has become evident that whistle-blowers play a crucial role in unveiling serious violations of fundamental rights; points out that the protection of whistle- blowers should not be limited only to cases where confidential information is revealedof illegal activities, but to all cases of disclosure of misconduct or, wrongdoing or involvement in illegal activities; points out that the existing Union legislation on protection of whistle-blowers is scattered and that the protection of whistle- blowers across the Member States is uneven, which often impacts negatively on EUthe Union policies;.
Amendment 22 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reaffirms the need for public institutions and private organisations to establish internal whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures close cooperation with workers representatives where possible internal whistle-blowing procedures in order to protect their employees; but insists that these procedures shall not replace legislation;
Amendment 28 #
2016/2224(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses the need to establish an independent information-gathering, advisory and referral EU body, with offices in Member States which are in a position to receive reports of irregularities, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistleblowers in using the right channels to disclose their information while protecting their confidentiality and offering needed support and advice;
Amendment 28 #
2016/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the need for a common and broad definition of whistle-blowing and whistle-blowers in order to ensure suitable legal protection for whistle- blowers and the smooth functioning of the EU body mentioned in paragraph 4;
Amendment 32 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. SEmphasises the need for a legal protection of whistle-blowers in the European Union and at international level that should be of benefit for the individual whistle-blowers as well as in the public interest; recalls that legislation in most Member States is not extensive; stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing for protection ofor whistle-blowers in the public and private sectors and, complemented by sectorial rules wouldill be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers;, reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining the whistle- blowing and settproviding outfor common rules for the protection of whistle-blowers1 ; _________________ 1[1]. Reaffirms that the rule of law is crucial for a culture of freedom of expression. [1] European Parliament resolution of 25 October 2016 on the fight against corruption and follow-up of the CRIM resolution, Text adopted P8_TA(2016)0403. Text adopted P8_TA(2016)0403.
Amendment 33 #
2016/2224(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that whistleblowers act at high personal and professional risk and usually have to pay the costs for it; states that personal data of the whistleblowers should never be published; is therefore of the opinion that measures for the alleviation of those costs and adequate compensation have to be established; states that a new workplace has to be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mentally and psychological help must be secured; notes that in court cases the legal fees of the whistleblowers have to be reimbursed;
Amendment 35 #
2016/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle- blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’'s identity is effectively and legally protected; stresses that journalists, in case that they themselves are the source, should be protected and that authorities in both cases should refrain from using surveillance in order to ascertain their sources.;
Amendment 37 #
2016/2224(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises that every person who contributes information to a relevant authority or who discloses an infringement in another appropriate way has to have the right to legal protection.
Amendment 40 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at retaliation against whistle-blowers in their personal and professional livesStates that whistle-blowers are extremely vulnerable to retaliation attacks; expresses its concern for the labour and personal retaliation, and at the possibility tof initiatinge criminal and civil judicial proceedings against whistle- blowers; and calls for the creation of a clear horizontal legal framework that includes definitions, and protection against different forms of reprisals, and for exemptions from criminal and civil proceedings, according to the criteria to be established;.
Amendment 43 #
2016/2224(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the EU institutions, in cooperation with all relevant national authorities, to introduce and take all necessary measures to protect the anonymity and confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 46 #
2016/2224(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that no employment relationship should restrict someone’s right of freedom of expression and no one should be discriminated against in cases of exercising that right.
Amendment 47 #
2016/2224(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that whistle-blowers act at high personal and professional risk and may pay a high price; is therefore of the opinion that measures for the alleviation of those costs and adequate compensation have to be established; states that a new workplace should be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mental and psychological help must be secured; notes that in court cases the legal fees of the whistle-blowers have to be reimbursed; states that personal data of the whistle- blowers should never be published;
Amendment 48 #
2016/2224(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Emphasises that the protection of whistle-blowers also applies if the expressed suspicion is in the end not confirmed if the person acted in good faith.
Amendment 49 #
2016/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of legal and secure disclosure channels at national level to facilitate reportingExpresses the need of a complaints system managed by a centralised and independent authority; calls therefore for the creation of an independent information-gathering, advisory and referral EU body, with offices in Member States which are in a position to receive reports of irregularities, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to the competent authorities of information on threats to the public interestlp internal and external whistle-blowers in using the right channels to disclose their information while protecting their confidentiality and offering needed support and advice;
Amendment 59 #
2016/2224(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that whistle-blowers are an important source of information for investigative journalism; calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively and legally protected; stresses that journalists, in case that they themselves are the source, should be protected and that authorities in both cases should refrain from using surveillance;
Amendment 62 #
2016/2224(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 65 #
2016/2224(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights the important role of the media in unveiling illegalities or misconduct, notably when these infringe upon the fundamental rights of citizens; expresses its continued support for investigative journalism and media freedom;
Amendment 67 #
2016/2224(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the EU institutions, in cooperation with all relevant national authorities, to introduce and take all necessary measures to protect the anonymity and confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 69 #
2016/2224(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. States, that a clear solution for whistle-blowers working in EU-registered companies but based outside the EU, is needed.
Amendment 70 #
2016/2224(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the EU institutions to award a European whistle-blower prize to encourage a change in the perception of whistle-blowing and its connection to fundamental rights and that whistle- blowing is an act of good citizenship.
Amendment 74 #
2016/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that freedom of expression and information, as well as the strong substrate component of civic morality,the protection of whistle-blowers is essential for the freedom of expression and information, the plurality of opinions, democracy and freedom and this must be taken into account when assessing the protection of thed public interest.
Amendment 46 #
2016/2072(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas authors and performers are at the origin and the very source of CCIs;
Amendment 63 #
2016/2072(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas it is increasingly rare for cultural and creative artists to be in permanent employment; whereas they are, to an increasing extent, self-employed, alternating between self-employed and employed activity or engaged in part-time or irregular activity;
Amendment 143 #
2016/2072(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the cultural and creative industries benefit considerably from public funding for culture, which also contributes significantly to cultural diversity in the European Union; urges the Commission and Member States therefore, within their respective spheres of competence, to continue a earmark an adequate share of their budgets for public funding for culture;
Amendment 144 #
2016/2072(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that the atypical employment of cultural and creative artists is becoming increasingly common; urges the Commission and the Member States therefore, within their respective spheres of competence, to devote greater attention to legislative provisions regarding the employment and working conditions of cultural and creative artists and in particular their social protection; calls in addition for their position to be strengthened by means of collective representation;
Amendment 163 #
2016/2072(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that technology and infrastructure rely on the content provided by creators; calls, therefore, on the Commission to establish a legal framework for the value chain in the digital age that takes into account the specificities of the sector and leads to an improvement in the remuneration of authors and creators, i.e. through the introduction of an unwaivable right of authors to remuneration;
Amendment 164 #
2016/2072(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages the Commission to establish legal provisions which create a fairer environment governing the transfer of rights and the contractual remuneration of authors and performers; calls therefore to create a contract adjustment mechanism, which allows authors and performers to claim additional remuneration in case the revenues yielded out of the exploitation of the works are disproportionally high compared to the remuneration agreed in the initial contract; recommends also to provide for a transparency obligation for publishers and producers to detail on a regular basis timely, adequate and comprehensive information on the exploitation of works, notably as regards modes of exploitation, revenues generated and remuneration due; calls on the Commission to examine the possibility of entitling unions or associations representing creators to a kind of collective bargaining related to the definition of appropriate remuneration; asks the Commission to introduce a rights reversion mechanism which would enable creators to terminate a contract, namely in case of lack of exploitation, lack of payment of the remuneration foreseen, in established case of inappropriate remuneration as well as lack of regular reporting;
Amendment 168 #
2016/2072(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to examine the possibility of entitling unions or associations representing creators to file legal complaints on behalf of creators;
Amendment 180 #
2016/2072(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Commission, in view of the upcoming copyright reform, to create legal solutions which will suit creators, right holders, right users and consumers alike in order to make clear that liability exemptions can only apply to genuinely neutral and passive online service providers and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 189 #
2016/2072(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that the majority of organisations in the CCI sector are SMEs; stresses that SMEs often face major challenges with regard to rights clearance; asks the Commission, therefore, to simplify rights clearance systems in the upcoming copyright reform;
Amendment 192 #
2016/2072(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights that research on right holders and intransparent rules on copyright represent administrative burdens entailing high expenses and a lot of efforts, especially for SMEs working on cross-border basis; recommends, therefore, to establish a common pan- European database with all available information on right holders for each sector in order to facilitate rights clearance;
Amendment 195 #
2016/2072(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that Directive 2014/26/EU has led to improvements in the rights clearance system of musical works in the online environment; asks the Commission to also improve good governance, efficiency, transparency and accountability of collective rights management organisations in other sectors;
Amendment 58 #
2016/0284(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period afterafter or before the broadcast, to television and radio programmes which have been previously or will be broadcast by the broadcasting organisation (so-called catch- up services and previews). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of acIn order to reach younger audiences, which mainly consume television and radio programmes online, it is crucial to enable broadcasting organisations to also disseminate across borders content produced only for the online environment. Therefore, ancillary online services also include servicess to works oby or under other protected subject matter independentl control and responsibility of a broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online serviceing organisation giving access only online to audio and audiovisual content.
Amendment 68 #
2016/0284(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The country of origin principle should not apply to ancillary online services, which are primarily or solely targeted to a Member State other than the Member State in which the broadcasting organisation has its principal establishment. Such an ancillary online service is a service where it is obvious that the audience targeted by the service is limited to the population of a Member State other than the Member State in which the broadcasting organisation has its principal establishment and where it is unlikely that the service will have a significant number of users in the Member State in which the broadcasting organisation has its principle establishment.
Amendment 81 #
2016/0284(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 85 #
2016/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, as well as on the open internet, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should only be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure andif their ability to ensure a controlled environment is significantly limited when compared for example to cable or closed circuit IP-based networks. Where a retransmission service offered on the open internet is provided to a closed group of subscribers or registered users the service should be regarded as being provided in a controlled environment.
Amendment 92 #
2016/0284(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The provisions of this Regulation are without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as mandatory or extended collective licensing, legal presumptions or representation or transfer, collective management or similar arrangements or a combination of them.
Amendment 95 #
2016/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, as well as on the open internet but in a controlled environment, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.
Amendment 98 #
2016/0284(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to meet with consumer demands, the exercise of retransmission rights as defined in this Regulation and in Council Directive 93/83/EEC should also apply to the re-use of the broadcasting organisation’s on-demand services by operators of retransmission services as well as to functionalities, which are closely connected to the linear broadcast for which the retransmission rights are obtained. Time shifted services, which are only made available for a limited period of time after the retransmission, such as internet-based PVR (personal video recording) and restart-TV should be regarded as examples for such functionalities.
Amendment 115 #
2016/0284(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, the impact the cross-border provision of ancillary online services has had on European creative industries, and especially on the financing of European audiovisual works, as well as to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. The review should also include an impact assessment on whether there is a need to adapt the legal framework on the exercise of copyright and related rights relevant for operators, which receive the signals of a broadcasting organisation through direct injection and distribute to the public, simultaneously in an unaltered and unabridged manner, the television or radio programmes of that broadcasting organisation.
Amendment 131 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) “ancillary online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time, before or after their broadcast by the broadcasting organisation as well as of, any material produced by or for the broadcasting organisation which is ancillary to such broadcas, enriching or otherwise expanding the programmes broadcast by the broadcasting organisation, as well as services by or under the control and responsibility of a broadcasting organisation giving access only online to audio and audiovisual content;
Amendment 146 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission in a closed environment, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is equivalent to retransmissions by operators of cable retransmission services and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.
Amendment 168 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.
Amendment 169 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
(1b) Paragraph 1 shall not apply to ancillary online services that are mainly targeted at an audience in a Member State other than the Member State in which the broadcasting organisation has its principal establishment.
Amendment 176 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) With respect to the exercise of any right under the previous paragraphs, exclusive jurisdiction on any dispute related thereto shall be with the relevant body or authority of the Member State in which the broadcasting organisation providing the ancillary online service is established.
Amendment 185 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5a) The exercise of the rights in retransmission by right holders other than broadcasting organisations established in this regulation and in Council Directive 93/83/EEC also applies to the integral re- use of the broadcasting organisation’s on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.
Amendment 187 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5 b (new)
Article 3 – paragraph 5 b (new)
(5b) The exercise of the rights in retransmission by rightholders other than broadcasting organisations established in this regulation and in Council Directive 93/83/EEC also applies to functionalities that are closely connected to the linear retransmission and made available for a limited period of time after the retransmission, such as internet-based PVR (personal video recorder) and restart-TV.
Amendment 188 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5 c (new)
Article 3 – paragraph 5 c (new)
(5c) Where an author has transferred his or her right to retransmission to a broadcasting organisation or a producer, the author shall retain an unwaivable right to obtain an equitable remuneration from the retransmission operator for the retransmission of his or her work. The administration of such a right shall be entrusted to a collective management organisation representing authors. This provision shall not preclude collective bargaining agreements, operating arrangements and joint remuneration rules of broadcasting organisations, provided that the author is granted an equitable remuneration for the retransmission of his or her work.
Amendment 44 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 57 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 65 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
Amendment 76 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 100 #
2016/0280(COD)
Proposal for a directive
Title IV – Chapter 2 – title
Title IV – Chapter 2 – title
Amendment 101 #
2016/0280(COD)
Proposal for a directive
Article 13
Article 13
Amendment 106 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 118 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 126 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 189 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activialso benefit entities providing educational activities, such as museums, libraries, archives and civil society for a non-commercial purposeganisations. The organisational structure and the means of funding of an educational establishment or an entity providing educational activities are not the decisive factors to determine the non-commercial nature of the activity.
Amendment 198 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digital uses of works and other subject-matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including during examinations, or entities providing educational activities and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 201 #
2016/0280(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 268 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers that store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going go beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 272 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14 of Directive 2000/31/EC and the liability exemption provided therein, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. In such cases, the provider should no longer be considered to be merely hosting copyright protected works or other subject-matter uploaded by its users, should be ineligible for the liability exemption and therefore subjected to the provisions of Directive 2001/29/EC the sae way as as any digital service provider.
Amendment 280 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users and performing an act of communication to the public should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/ECose measures should not require the identity of individual users uploading content in order to protect their privacy. Furthermore, those measures should be limited to preventing the availability of specifically identified and duly notified works and should not lead to a general obligation to monitor content uploaded by the users.
Amendment 290 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers, storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and performing an act of communication to the public, and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and t, such as reference files and metadata. They should deliver reference files in a timely fashion and in an appropriate file format. Metadata should be complete and accurate for each reference file. The services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Amendment 305 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to be in a weaker contractualnegotiating position when they grant licences or transfer their rights by contract, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the regular sharing of adequate information by their contractual counterparts orand subsequent transferees or licensees, as well as by their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.
Amendment 310 #
2016/0280(COD)
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should coensult all relevant stakeholders as that should help determinre that the representative organisations of all relevant stakeholders determine sector-specific requirements and establish reporting standards and procedures for each sector. Member States should ensure a high degree of transparency within these sector- specific requirementstransparency obligations. Moreover, the sharing of information should occur at least once a year. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EU.
Amendment 318 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
(42) CertainMost contracts for the exploitation of rights harmonised at Union level are of long duration, offering few no possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licencse or a transfer of rights is disproportionately low compared to the relevanet revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assessment of the situation should take account of the specific circumstances of each cCollective bargaining should be considered ase as well as of the specificities and practices of the different content sectorsn option to reach an agreement. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority.
Amendment 324 #
2016/0280(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Authors and performers are often reluctantunable to enforce their rights against their contractual partners before a court or tribunal. Member States should therefore provide for an alternative dispute resolution procedure that addresses claims by authors, performers or their appointed representatives related to obligations of transparency and the contract adjustment mechanism and that it is free of charge as well as accessible for authors and performers. The dispute settlement resolution procedure can also be agreed in collective agreements.
Amendment 400 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers that store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby goingo beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 409 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14 of Directive 2000/31/EC and the liability exemption provided therein, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. In such case, the provider should no longer be considered to be merely hosting copyright protected works or other subject-matter uploaded by their users, should be ineligible for the liability exemption and therefore subjected to the provisions of Directive 2001/29/EC as any digital service provider.
Amendment 420 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users and performing an act of communication to the public should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/ECose measures should not require the identity of individual users uploading content in order to protect their privacy. Furthermore, those measures should be limited to preventing the availability of specifically identified and duly notified works and should not lead to a general obligation to monitor content uploaded by the users.
Amendment 445 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers, storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and performing an act of communication to the public, and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and t, such as reference files and metadata. They should deliver reference files on a timely basis and in an appropriate file format. Metadata should be complete and accurate for each reference file. The services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Amendment 518 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users and perform an act of communication to the public shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or, where such agreements have not been concluded, to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and, proportionate and compliant with the relevant industry standards. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the rightholders' own works and other subject- matter in a commonly agreed reporting format. The rightholders shall provide the service providers with the necessary data to allow the services to identify their content, such as reference files and metadata.
Amendment 526 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Amendment 530 #
2016/0280(COD)
2a. Where a user makes use of the complaints and redress mechanisms referred to in paragraph 2, service providers and rightholders whose content is involved in any such conflict or dispute shall be obliged to resolve the conflict or dispute in a timely manner.
Amendment 545 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis, at least once a year, and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights as well as subsequent transferees or licensees, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 554 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate high level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, under the condition that the level of disproportionality is duly justified, and provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 561 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that the obligation in paragraph 1 does not apply when the contribushall ensure that the representative organisations of the author or performer is not significant having regard to the overall work or performancerelevant stakeholders determine sector- specific reporting standards and procedures.
Amendment 564 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Member States shall ensure that where an author or performer has transferred or licensed a right to another party, the latter shall provide its contractor with the necessary information to permit the contractor exploiting works and performances to comply with the obligation laid down in paragraph 1.
Amendment 572 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefitproportionate and equitable remuneration of the revenues derived from the exploitation of their works or performances.
Amendment 577 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Member States shall ensure that authors and performers or any representatives appointed by them are entitled to claim additional equitable remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent net revenues and benefits derived from the exploitation of the works or performances.
Amendment 582 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
Member States shall ensure that representative organisations of authors and performers, and relevant representative organisations of right users, set standards for proportionate remuneration of authors and performers for the use of their works and performances, taking into account the specificities of each sector.
Amendment 585 #
2016/0280(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Rights reversion mechanism Member States shall ensure that contracts include a rights reversion mechanism to enable authors and performers to terminate a contract in case of insufficient exploitation or payment of the remuneration provided for, as well as insufficient or lack of regular reporting.
Amendment 591 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
In case of a dispute, proceedings may also be brought on behalf of authors and performers by their appointed representative organisations.
Amendment 595 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staffon the premises of an entity providing educational activities or through a secure electronic communications network;
Amendment 605 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 608 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 615 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 623 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The use of works and other subject- matter for the sole purpose of illustration for teaching through secure electronic communications networks undertaken in compliance with the provisions of national law adopted pursuant to this Article shall be deemed to occur solely in the Member State where the educational establishment or the entity providing educational activities is established.
Amendment 813 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users and perform an act of communication to the public shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or, in case such agreements have not been concluded, to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and, proportionate and compliant with the relevant industry standards. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the rightholders' own works and other subject- matter in a commonly agreed reporting format. The rightholders shall provide the service providers with the necessary data to allow the services to identify their content, such as reference files and metadata.
Amendment 828 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Where information society service providers take the measures referred to in paragraph 1, such measures shall not violate any privacy rights of the users, and shall be in compliance with Directives 95/46/EC and 2002/58/EC, as well as the General Data Protection Regulation. Measures to prevent the availability of copyright protected works or other subject-matter shall be limited to preventing the availability of specifically identified and duly notified works and shall not consist in an active monitoring of all the data of each user of the service.
Amendment 852 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Where a user makes use of the complaints and redress mechanisms referred to in paragraph 2, service providers and rightholders whose content is involved in any such conflict or dispute shall be obliged to resolve such conflict or dispute in a timely manner.
Amendment 210 #
2016/0151(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 313 #
2016/0151(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities or as functionally independent bodies of such entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition.
Amendment 363 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 - point a a - point i
Article 1 – paragraph 1 - point a a - point i
(i) the service consists of the storage of a large amountand / or the making available to the public of programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 372 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point iii
Article 1 – paragraph 1 – point a a – point iii
(iii) the principal purpose of the service or a dissociable section thereof is devoted to, or the service plays a significant role in, providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 386 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Directive 2010/13/EU
Article 1 – paragraph 1 – point b a
Article 1 – paragraph 1 – point b a
(ba) 'user-generated video' means an audiovisual work which consists of a set of moving images with or without sound constituting an individual item that is created and/or uploaded to a video-sharing platform by one or morea users;
Amendment 776 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 805 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00 shall not exceed 20 % per hour.
Amendment 919 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 4
Article 28 a – paragraph 4
4. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30 and shall give them effective powers in the event and to the extent that self- or co- regulation is not effective.
Amendment 930 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 5
Article 28 a – paragraph 5
5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measuresbe precluded from imposing more detailed or stricter measures, in particular but not only with respect to illegal content. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU.
Amendment 981 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct from the government and functionally independent of any other public or private body. This shall be without prejudice to the possibility for Member States to set up regulators having oversight over different sectors.
Amendment 1009 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 7 – subparagraph 1
Article 30 – paragraph 7 – subparagraph 1
Member States shall ensure that effective mechanisms exist at national level under which any user whose personal rights are directly affected by the audiovisual media content or media services provider or video-sharing platform provider who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body. The appeal body shall be independent of the parties involved in the appeal.
Amendment 127 #
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 establishing the reference key for the distribution 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 data. The Agency should also develop information material, in cooperation with the relevant authorities of the Member States. The Agency should gradually become responsible for the transfer of applicants for, or beneficiaries of, international protection under this Regulation.
Amendment 141 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 162 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not be in the best interests of the childWhen the applicant is a minor who is accompanied by a parent, an adult sibling or another adult responsible for the minor, the legal presence of another parent or adult responsible for him or her in a Member State should also become a binding responsibility criterion. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individualised guarantees from thate Member State where the minor will be transferred that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transferon responsibility in accordance with this Regulation concerning an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise. which shall involve, at a minimum, his or her guardian and legal advisor or counsellor
Amendment 165 #
2016/0133(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined Member State should be able to derogate from the responsibility criteria and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 178 #
2016/0133(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to significantly improve the provision of information. Investing in the early provision of accessible information to applicants will greatly increase their possibilities to understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requirements and make effective use of common resources the European Union Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Agency should make full use of modern information technologies when developing that material. In order to properly assist asylum seekers the Agency should also develop audio-visual information material that can be used as a complement to written information materials. The Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.
Amendment 183 #
2016/0133(COD)
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible . As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them and of the possibility of presenting all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.
Amendment 202 #
2016/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and which shall fully respect the person's fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.
Amendment 230 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism, in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for whichorder to implement the principles of solidarity and fair sharing of responsibility on asylum among Member States enshrined in Article 80 TFEU. The application of the allocation mechanism should be permanent and automatic, whenever a Member State is responsible exceeds 150% of the figurcould not be identified in the reference keytermined according to the criteria set out in Chapter III and IV of this Regulation. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for which the Member State is responsible, for the purposes of this calculation.
Amendment 240 #
2016/0133(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 286 #
2016/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down the criteria and mechanisms for determining the single Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Member State responsible’).
Amendment 292 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons who has made an application for international protection in respect of which a final decision has not yet been taken;
Amendment 295 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 305 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor childrensons and daughters of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 309 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is presentthe mother and the father of the applicant or beneficiary of international protection,
Amendment 315 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when theif the applicant or beneficiary of international protection is a minor and unmarried, the famother, mothe father or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 327 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the grandparents of the applicant or beneficiary of international protection;
Amendment 332 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child and exercising legal capacity fhis or the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulationr general well-being in all procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;
Amendment 342 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p a (new)
Article 2 – paragraph 1 – point p a (new)
(pa) - 'sponsor' means a European citizen , or a third country national legally residing in a Member State for a period of at least one year, or an entity registered, that respect the requirements set out in the delegated act referred to in Article 18a, paragraph 3.
Amendment 344 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q – introductory part
Article 2 – paragraph 1 – point q – introductory part
(q) ‘'resettled person’' means a person subject to thea process of resettlement whereby, on a request frombased on a person's need for international protection by the United Nations High Commissioner for Refugees (‘'UNHCR’) based on a person’s need for international protection') or by other entities or sponsors having concluded a dedicated agreement with the relevant Members State's authorities, third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses:
Amendment 358 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining itshall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 362 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants applicant's fundamental rights would be violated in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 397 #
2016/0133(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The applicant shall submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member Statesll the available elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other elements provided by the applicant shall exceptionally be taken into consideration if the delay in submitting them is due to force majeure.
Amendment 439 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) of the provisions relating to family reunification, including the possibility provided by Article 13a, and in this regard on the applicable definition of family members and relatives as well as of the need for the applicant to disclose early in the procedure any relevant information that can help to establish the whereabouts of family members or relatives present in other Member States, as well as any assistance that the Member State can offer with regard to the tracing of family members, relatives, or other family relations.
Amendment 450 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility and modalities to challenge a transfer decision within 7 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;and the right to have an effective remedy before a court or tribunal in accordance with Article 28, including in a situation where no transfer decision is taken.
Amendment 459 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understandand in an easily understandable form. Specific material should be provided for minors. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose. The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment.
Amendment 467 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, by means of implementing actEuropean Asylum Agency shall, in close cooperation with the responsible national agencies, draw up a common leaflet, as well as a specific leaflet for unaccompanied minors,information materials containing at least the information referred to in paragraph 1 of this Article. Thisat common leafletinformation material shall also include information regarding the application of Regulation (EU) [Proposal for a Regulation recasting Regulation No 603/2013] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common leafletinformation material shall include information on Member States for the purposes of the allocation mechanism under Chapter VII, and shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2) of this Regulatione European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 559 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 564 #
2016/0133(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Family member in a Member State Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin , who is a third country national with a long-term residence permit residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 572 #
2016/0133(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Family reunification procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indications that they are likely to have the right to family reunification in accordance with Articles 10, 11, 12 or 13. 2. In establishing whether there are sufficient indications that the applicant has family in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that the applicant has family members and/or relatives in that Member State in order to meet the requirements of paragraph 1. 3. If it is determined pursuant to paragraph 1 and 2 that an applicant likely has, prima facie, the right of family reunification in accordance with Articles 10, 11, 12 or 13 the determining Member State shall notify the Member State concerned thereof and the applicant shall be transferred to that Member State. 4. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 4 shall make the determination of whether the conditions for family reunifications in accordance with Article 10, 11, 12 or 13 are met. If it is determined that the conditions for family reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure in article 24a. 5. The authorities responsible of the Member State where the applicant claims to have family members and/or relatives present shall assist the authorities responsible of the determining Member State with answering any questions aimed at clarifying whether the alleged family links are correct. The absence of official documents issued by the State of origin cannot be the only reason for not declaring satisfied the requirements for family reunification, and other evidence should also be admitted, including the declarations from international organizations. 6. For the purposes of the procedures provided for in this Article, the Commission shall adopt an implementing act regarding the evidentiary requirements to prove relevant family links, including the type of proof or evidence required, including partial documentation issued by the State of origin or declarations from international organisations. A different understanding of such proof or evidence between the determining Member State and the Member State receiving the applicant shall not result in the applicant being subject to the procedure under Article 24a.
Amendment 603 #
2016/0133(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of originbefore the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. When the applicant is affected by a serious disease or inability and it is not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, Member States shall normally keep the applicant on the territory of the Member State in which the applicant is present, if the person concerned expressed his desire in writing.
Amendment 641 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. In a situation referred to in point (d) of paragraph 1, twhe decision taken by the responsible authority of the Member State responsible to reject the application shall no longer be subject to a remedy within the framework of Chapter Vre the applicant has been rejected at first instance only, the Member State responsible shall ensure that the person concerned has or has had the opportunity to seek an effective remedy pursuant to Article 46 of Directive 2013/32/EU.
Amendment 736 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Where no transfer decision referred to in paragraph 1 is taken, Member States shall provide for an effective remedy before a court or tribunal, where the applicant claims that a family member or, in the case of unaccompanied minors, a relative is legally present in a Member State other than the one which is examining his or her application for international protection, and considers therefore that nother Member State as Member Stateis responsible for examining the application.
Amendment 739 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 744 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 2
Article 28 – paragraph 7 – subparagraph 2
Amendment 745 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 3
Article 28 – paragraph 7 – subparagraph 3
Amendment 746 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 4
Article 28 – paragraph 7 – subparagraph 4
Amendment 747 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 5
Article 28 – paragraph 7 – subparagraph 5
Legal assistance shall include at least the provision of information on the procedure in the light of the applicant´s individual circumstances, assistance in the preparation of relevant documentation and personal interview, including participation in the personal interview as necessary and the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation. Procedures for access to legal assistance shall be laid down in national law.
Amendment 751 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When there is a significant risk of absconding,In exceptional cases Member States may detain thea person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment andonly where the applicant has been intercepted after having tried to abscond or where it appears evident on the basis of his or her concrete behavior that he or she intends to abscond, and in any case only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Minors shall never be detained.
Amendment 756 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case it shall not exceed 3 months.
Amendment 764 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. As regards the detention conditions, which shall fully respect the person´s fundamental rights, and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.
Amendment 770 #
2016/0133(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The costs necessary to transfer an applicant or another person as referred to in Article 20(1)(c), (d) or (ed) to the Member State responsible shall be met by the transferring Member Stategeneral budget of the Union.
Amendment 787 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 807 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 820 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For the purpose of the correctiveallocation mechanism, the reference number for each Member State shall be determined by a key.
Amendment 867 #
2016/0133(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Application of the allocation mechanism 1. When it was not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, the determining Member State shall communicate to the applicant that he will be allocated. 2. If the applicant has meaningful links with a Member State, the determining Member State should follow the procedure laid down in Article 36b. 3. When the procedure laid down in Article 36b does not apply, the determining Member State should follow the procedure of Article 36c.
Amendment 869 #
2016/0133(COD)
Proposal for a regulation
Article 36 b (new)
Article 36 b (new)
Amendment 870 #
2016/0133(COD)
Proposal for a regulation
Article 36 c (new)
Article 36 c (new)
Article 36 c Determination of the Member State of allocation 1. On the basis of the reference key referred to in Article 35, the automated system referred to in Article 44(1) shall indicate the six Member States with the lowest number of applicants relative to their share of the fair distribution. 2. The determining Member State shall consult the automated system and communicate the short list of six Member States to the applicant. The applicant shall be enabled to choose among the six Member States included in the list, within 7 days. For this purpose, the applicant shall receive information on the possible Member States of allocation. The determining Member State shall communicate immediately the choice to the automated system and the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 3. When Article 24a applies, the applicant will not be able to make the choice provided by paragraph 2, and the Member State responsible will be determined randomly by the automated system. The automated system shall communicate that information to the determining Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 4. In cases of allocation of a minor, under the conditions set by Article 10, the choice provided by paragraph 2 shall always be granted and shall be accompanied by a multidisciplinary assessment of the best interests of the minor.
Amendment 926 #
2016/0133(COD)
Proposal for a regulation
Article 38 – title
Article 38 – title
Obligations of the benefittdetermining Member State under the allocation mechanism
Amendment 936 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) confirm to the benefittdetermining Member State the receipt of the allocation communication and indicate the competent authority to which the applicant shall report following his or her transfer;
Amendment 937 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) communicate to the benefittdetermining Member State the arrival of the applicant or the fact that he or she did not appear within the set time limit;
Amendment 938 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) examine his or her application for international protection as Member State responsible, unless, new elements demonstrate that according to the criteria set out in Articles 10 to 13 and 16 to 18, a different Member State is responsible for examining the application;
Amendment 947 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
The Member State of allocation shall inform the benefittdetermining Member State of the existence of such alert, specifying the law enforcement authorities in the Member State of application that have been fully informed, and after a joint evaluation of the security risks by the competent authorities of both Member States, the Member State of allocation shall record the existence of the alert in the automated system pursuant to point d of Article 23(2), within one week of receipt of the fingerprints.
Amendment 957 #
2016/0133(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State. In the case of minors, the same applies to relatives or other adults responsible for them.
Amendment 991 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 251 #
2016/0132(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The monthly statistical data for persons referred to in paragraph1(a) to (h) shall be published and made public by each month and shall contain a breakdown of the data subjects' year of birth and gender. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu-LISA . The statistics shall contain a breakdown of data for each Member State.
Amendment 346 #
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) , (2) or (3) shall be erased from the Central System in accordance with Article 28(4) as soon as t. The Member State of origin becomes aware thatshall be informed immediately if the person concerned has acquired such citizenship in order to erase the data.
Amendment 432 #
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), particularly where that country is also the applicant's country of origin.
Amendment 441 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(a) and (b) shall not be transferred to third countries if there is a real risk that as a result of such transfer the data subject may be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.
Amendment 27 #
2015/2283(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the decrease in the number of reasoned opinions received from national parliaments in 2014; points out, however, that such a decrease might be as a result of the declining number of legislative proposals by the Commission and not of a loss of interest on the part of national parliaments; draws attention to the fact that in 2014 no Commission proposal received a sufficient number of reasoned opinions to trigger thewas subject to ‘yellow’ or ‘orange card procedures’ under Protocol No 2 on the application of the principles of subsidiarity and proportionality; recalls that the fact that the yellow card procedure was triggered twice in the past (2012 and 2013) is a sign that the system is already functional while national parliaments are worried about the subsidiarity principle.
Amendment 40 #
2015/2283(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern thatWelcomes the Impact Assessment Board (‘IAB’) considered more than 32 % of impact assessments (‘IAs’) reviewed by them in 2014 to have included an unsatisfactory analysis of the principles of subsidiarity or proportionality, or both; notes the crucial importance of impact assessments as tools for aiding decision-making in the legislative process, and stresses the need, in this context, for proper consideration to be given to ikage of measures aimed at improving regulation which was adopted by the Commission on 19 May 2015 and which addresses the concerns raised by the Impact Assues relating tosment Board concerning subsidiarity and proportionality; welcomes, in this connecti the Commission’s new line on, the package of better regulation measures adopted by the Commission on 19 May 2015, which place new emphasisubject which gives greater prominence to the principles onf subsidiarity and proportionality, in the context of impact assessments;cluding in its impact analyses.
Amendment 105 #
2015/2283(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that legislative proposals may change substantially in the course of the legislative procedure and, in this connection, reiterates that consideration should be given to the introduction of further subsidiarity checks and impact assessments when a major amendment is likely to be adopted and at the conclusion of the legislative negotiations and in advance of the adoption of the final text, in order that compliance with subsidiarity can be guaranteed and that assessments including proportionality can be made;impact assessments at the beginning of the legislative procedure are an important and necessary instrument for compliance with the principles of subsidiarity and proportionality. Stresses that these guiding principles, which ensure that the European Union is close to its citizens, must guarantee the effectiveness of the EU institutions while avoiding excessive bureaucracy.
Amendment 28 #
2015/2281(INI)
Motion for a resolution
Recital B
Recital B
B. whereas not all Member States nor indeed individuals and groups in Member States are facing the same type and level of challenges, and this means that any recommendations proposed for education and training should be flexible and should be tailored to national economies, demographies and cultures, while improving the situation in the European Union as a whole;
Amendment 85 #
2015/2281(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out the value of a community- based approach to education and strong links between schools and familieseducational establishments and wider society; calls for the wider participation of relevant actors (such as the European Parents Association) in the work of ET2020;
Amendment 113 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that quality education is essential to improving the lives of young people who suffer disadvantages socially and economically, as well as those from minority groups;
Amendment 116 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to ensure greater emphasis is placed on tackling gender gaps and differences, and in recognising the particular needs of young women;
Amendment 118 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Applauds the Commission's attention to the importance of digital skills; underlines that to equip young people for the 21st century these skills are essential;
Amendment 161 #
2015/2281(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned that the current trend making financial output a prerequisite for all academic activities could mean that the humanities risk being wiped off the research landscape; advocates a more holistic view which emphasises the importance of a variety of disciplines in education and research;
Amendment 173 #
2015/2281(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the importance of an overall framework of recognition of qualifications as key to ensuring cross- border mobility;
Amendment 8 #
2015/2147(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Audiovisual Media Services Directive (AVMSD) is important in terms of EU media regulation and for the promotion of European works, and is based on the principle of technological neutrality, ensuring a level playing field;
Amendment 12 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choicethe creation of high-quality jobs, innovation and competitivenessnsumer is of the utmost importance and believes that the digital single market is key to achieving this objective by removing barriers to trade, streamlining processes for online businesses, and in particular by supporting creators, investors and consumers; calls in this regard for competitiveness tests on all new proposalfair and appropriate remuneration for creators and rightholders;
Amendment 17 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Commission to overhaul Directive 2010/13/EU1 without delay, doing away with the distinction between linear and non-linear services, encouraging the use of editorially screened content to which the country-of- origin principle applies and fleshing out the general social objectives of audiovisual regulationnevertheless a high level of regulation for socially relevant content should be maintained; __________________ 1 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 17 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, new decent jobs, innovation, consumer choice and competitiveness is of the utmost importance and believes that the digital single market under the condition of social security and a strong democracy is key to achieving this objective by removing barriers to trade, streamlining processes and for online businesses and. It has to supporting creators, investors and consumers; calls in this regard for competitiveness tests on all new proposalthe guarantee for fair and appropriate remuneration for creators;
Amendment 32 #
2015/2147(INI)
Draft opinion
Paragraph -2 a (new)
Paragraph -2 a (new)
-2a. Stresses that the digital single market should give the opportunity to ensure accessibility for all, especially people with disabilities, to products and services protected by copyright and related rights; is therefore deeply concerned by the lack of progress of ratification of the Marrakesh Treaty facilitating access for the visually impaired to published works; urges the Council to ensure ratification of the Treaty as soon as possible;
Amendment 34 #
2015/2147(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the review of the AVMSD initiated by the Commission, in particular its extent and the consistent application of rules to all players operating in the market, regardless of their status;
Amendment 47 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for targeted, evidence-based reforms to enhance cross- border access to legally available online content but stresses the importance of not mandating pan- European licences; calls instead; also calls for reforms to enable the enhanced portability of legally acquired content to be prioritised, as well as to improve cross-border access to services;
Amendment 54 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that platforms and intermediaries should be regulated in such a way as to rule out discrimination to a large extent and guarantee the findability of editorially screened contentIs encouraged by the Commission's intention to bring forward a legislative proposal on the regulation of platforms and intermediaries; believes that any legislative proposal should take as a basis the interests of creators, consumers and the digital workforce; insists that the question of responsibility of intermediaries for provision of illegal content must be addressed, as intermediaries are a key part of the supply chain;
Amendment 63 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
(2a) Recalls that copyright law should balance the interests of all actors in the distribution chain;
Amendment 81 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaul copyright law and that any revised provisions should apply to all mediastrike a balance between all key actors including creators, right holders, users and intermediaries and that any revision of copyright law should take as a basis a high level of proportional protection, since rights are crucial in promoting creativity and innovation and provide a stable, clear and flexible legal base that foster investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the digital single market;
Amendment 86 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaul copyright law and that any revised provisions should apply to all media; Welcomes the Commission's intention to overhaul copyright law; stresses that any revised provisions should apply to all media and should be future-proof, as well as being balanced; urges the Commission to ensure fair remuneration for creators; further urges the Commission to take into account the overwhelming support in the European Parliament for the introduction of minimum standards across the exceptions from and limitations to copyright, as well as the need to ensure that where an exception or limitation already applies, new usages of content which are made possible by technological advances or new uses of technology should be, insofar as possible, construed in line with the existing exception or limitation, provided that the new usage is similar to the existing one, in order to improve legal certainty;
Amendment 88 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds the Commission of the overwhelming support of the Parliament for the introduction of minimum standards in the exceptions from and limitations to copyright, and the ensuring of the proper application of those set out in Directive 2001/29/EC;
Amendment 102 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that internet service providers should bear greater responsibility for illegal content made available on the internet and should, along with other actors in the supply chain such as payment providers, play a significant role in tackling copyright abuses play a significant role in tackling copyright abuses; in this way, suggests a review of the liability of online intermediaries in the forthcoming legislative proposal on copyright in 2015 in order to clarify their legal status and liability with regards to copyright, in order to guarantee and ensure a fair remuneration for creators and rightholders within the EU;
Amendment 117 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Further suggests that the forthcoming legislative proposal on online platforms should take as a basis the interests of consumers, creators and the digital workforce, in particular the protection of the vulnerable;
Amendment 123 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. BelievStresses that the legal thinking behind Directive 93/83/EEC2 provides a suitable point of departure for measures to improve cross-border access toany reform of Directive 93/83/EEC2 should be aimed at fairly remunerating artists, creators and right- holders for the multiple exploitation of their works, whilst enhancing the portability and cross-border access to legally acquired and legally made available content in the digital single market.; __________________ 2 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission (OJ L 248, 6.10.1993, p. 15).
Amendment 142 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that copyright enforcement is important and therefore calls for a modernised approach to the enforcement of intellectual property rights online, particularly with regard to commercial- scale infringement;
Amendment 82 #
2015/2139(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recognises that intercultural dialogue is a tool for inclusive democratic participation and empowerment of citizens, in particular in relation to common goods and public spaces; argues that as such, intercultural dialogue may significantly contribute to the improvement of democracy and the development of greater and deeper inclusivity and sense of belonging;
Amendment 90 #
2015/2139(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that formal, non-formal and informal education and lifelong learning not only provide knowledge, skills and competences, but should also help learners to develop civic values and become active, responsible, open-minded members of society; recognises the importance of cooperation among all education stakeholders, including parents, families and associative structures; advocates building on children and young people's sense of initiative and engagement in order to strengthen social ties as well as generate a sense of belonging and develop ethical codes to challenge discrimination;
Amendment 98 #
2015/2139(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises the benefit of working at formal, non-formal and informal education levels and to build synergies and partnerships between all levels and forms of learning settings, including across generations;
Amendment 106 #
2015/2139(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the Member States to develop quality training, empowering educators, youth and community workers, as well as counselling services at schools and in non-formal and informal settings, for both children and their parents, to address all forms of discrimination and racism, including bullying and cyber- bullying;
Amendment 117 #
2015/2139(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises the need to create rights- based and gender-sensitive learning environments for students to learn about and stand up for human rights, democracy and the rule of lawincluding women's and children's rights, fundamental values and civic participation, rights and responsibilities of citizens, democracy and the rule of law, being confident in their identity, knowing their voice is heard and feeling valued by their communities; encourages students to actively participate in the governance of their learning structures;
Amendment 123 #
2015/2139(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the need to provide sustainable support to NGOand structural support to NGOs, Human Rights organisations, youth organisations and training institutions to challenge extremism through active citizenship and empowerment of youth in particular small scale local initiatives and those working at grassroots level;
Amendment 132 #
2015/2139(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages inclusive artistic and sportive educational and training activities for all ages, as well as volunteering, in order to strengthen socialisation processes and the participation of minorities, marginalised communities, migrants and refugees, in cultural and social life including in leadership and decision making;
Amendment 138 #
2015/2139(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises the importance of both formal, non-formal and informal learning, as well as volunteering, to promote self- development focusing on cognitive and non-cognitive skills, critical thinking, media literacy and intercultural skills; capacity to deal with different opinions, media literacy, intercultural skills and language learning as well as social and civic competences including learning about cultural heritage as a tool to address contemporary challenges through sensitive interpretation;
Amendment 142 #
2015/2139(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Affirms the need, when dealing with the issue of intercultural dialogue and education, to keep a gender perspective and to take into account the needs of people suffering from multiple forms of discrimination, including people with disabilities, people identifying as LGBTI and people coming from marginalised communities;
Amendment 158 #
2015/2139(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to involve migrants, refugees and faith communities in respectful and empowering integratclusion processes, ensuring their participation in civic and cultural life by designing permanent mechanismsin a sustainable way;
Amendment 163 #
2015/2139(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the European External Action Service to include culture as an integral element of external EU policy; calls on the Commission to mainstream cultural diplomacy and intercultural dialogue in all EU external relations instruments and in the EU development agenda; , to appoint a cultural attaché in each EU representation in third partner countries and to provide EEAS staff with training on the cultural dimension of external policy; calls on the Commission to mainstream cultural diplomacy and intercultural dialogue in all EU external relations instruments and in the EU development agenda; calls on the EU and the Member States to strengthen the cooperation with international organisations such as the United Nations and its related agencies, in particular UNESCO, UNICEF and UNHCR, and to require an effective and stronger EU representation within their bodies; moreover, calls for cooperation with national cultural institutes towards a better implementation of existing instruments, such as cultural network- based clusters of European Union National Institutes for Culture (EUNIC), and the design of new tools to tackle common challenges in a globalised world;
Amendment 173 #
2015/2139(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to ensure equal opportunities and combat all forms of discriminationthe economic and social causes of exclusion as well as all forms of discrimination; recalls the key role played by the media, including social media, both as a potential platform for extreme discourses and as a vehicle to counter xenophobic narratives, break down stereotypes and prejudices and to promote tolerance;
Amendment 176 #
2015/2139(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States and the Commission to prevent extremism and marginalisation through community cohesion measures, involving a broad range of actors such as urban planners, social workers, community and faith leaders, educators, family support organisations and health professionals, with the objectives of countering extremism and fostering community cohesion;
Amendment 190 #
2015/2139(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Encourages the Member States to fully exploit EU financial instruments, programmes and initiatives, such as the Erasmus+, Europe for Citizens, Creative Europe and Horizon 2020 programmes, EU neighbourhood policy and external relations instruments, and bodies such as the European Union Agency for Fundamental Rights, for the promotion and support of intercultural dialogue and cultural diversity;
Amendment 44 #
2015/2095(INI)
Motion for a resolution
Citation 48 a (new)
Citation 48 a (new)
- having regard to the European Parliament resolution of 26 November 2015 on education for children in emergency situations and protracted crises (2015/2977(RSP));
Amendment 154 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas the large majority of refugees and migrants are young people under 35 years (81% according to Eurostat) with increasing numbers of children, highlights that education and training policies are crucial for well- managed reception and integration of refugees and migrants;
Amendment 650 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Emphasises the crucial role played by education and training policies, lifelong learning and intercultural dialogue, as well as youth and sports policy, to foster the integration and social inclusion of refugees and migrants in Europe thus contributing to building a more cohesive and inclusive society. Calls on the Commission and the Member States to increase the profile of culture and education in those operational measures undertaken as part of the European Agenda for Migration, in particular by supporting integration through access to education and training systems, the creation of a platform for the recognition of competences and the development of effective actions supporting intercultural dialogue and understanding;
Amendment 673 #
2015/2095(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Takes the view that, where those persons granted international protection in the Union have an offer of employment or to follow an educational path, including access to universities in a Member State other than the one in which they have been granted international protection, they should be able to avail themselves of such an offer;
Amendment 686 #
2015/2095(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard, in particular with Mediterranean countries;
Amendment 700 #
2015/2095(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Calls on the Commission and the Member States to examine the possibility of establishing 'education corridors' to ensure that students from countries in conflict, in particular Syria, Iraq and Eritrea, can have access to those European universities, which make available places and scholarships also through agreement among Member States, the European Commission and UNIMED;
Amendment 1027 #
2015/2095(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Union to help third countries build up their asylum systems and integration strategies through the offer of educational services and assistance already in refugee camps and in emergency situation in order to allow third country nationals in need of international protection to seek protection there; believes that the Union must adopt a win-win approach to cooperation with third countries, that is, an approach that is beneficial to the Union, to the third country in question and to the refugees and migrants in that third country;
Amendment 1102 #
2015/2095(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93a. Calls on the EU Member States to support the Commission's objective of increasing the share of humanitarian funds dedicated to education in emergencies to 4% of the EU humanitarian aid budget by 2018 in order to increase the investments for granting access to high-quality education for all children, boys and girls, in emergency situations and protracted crises, including child refugees;
Amendment 8 #
2015/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Member States to implement urgent structural reforms of vocational education and training (VET) in order to increase its attractiveness to young people, including apprenticeships and internships that include a strong work- based learning component, in order to facilitate school-to- work transitions;
Amendment 19 #
2015/2088(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to introduce or to further develop dual VET systems and work-based learning at all levels of education in order to facilitate the acquisition of core employability and job- specific skills, while ensuring quality control by public institutions over its general content, implementation and certification procedure;
Amendment 53 #
2015/2088(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the constant evolution of the labour market and stresses the importance of meeting labour market demands with appropriate qualifications and skills, by revising and developing existing curricula and by addressing technological, social and environmental changes in close cooperation with employers, professional organisations and business communities, social partners, youth organisations and all relevant stakeholders; however, points out that education should not only provide skills and competencies relevant to the job market needs, but should also contribute to the personal development and growth of young people in order to make them proactive and responsible citizens; stresses therefore the need for civic education in the whole educational system both formal and non-formal;
Amendment 60 #
2015/2088(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that entrepreneurship requires the development of transversal skills such as creativity, critical thinking, empathy, teamwork and a sense of initiative, which contribute to young people's personal and professional development and facilitate their transition into the job market; believes that there is a need, therefore, to facilitate and encourage participation by entrepreneurs in the educational process;
Amendment 68 #
2015/2088(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the Member States to incorporate new technologies in the learning process and to intensify ICT training at all levels of educationnd the development of digital skills and media literacy at all levels of education; in this regard underlines the importance of open educational resources (OER), which ensure access to education for all and enhance employability by supporting the lifelong learning process;
Amendment 94 #
2015/2088(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to channel investments into inclusive education that responds to societal challenges with a view to ensuring equal access and opportunities for all, including young people having different socio-economic backgrounds, as well as vulnerable and disadvantaged groups;
Amendment 159 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first twosix years, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products.
Amendment 187 #
2015/0288(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods. Considering that the large majority of Member States have foreseen a two-year period when implementing Directive 1999/44 and in practice this is considered by market participants as a reasonable period,In order to achieve a high level of consumer protection this period should be maintainedsix years.
Amendment 279 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any lack of conformity with the contract which becomes apparent within twosix years from the time indicated in paragraphs 1 and 2 ishall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 366 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within twosix years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than twosix years from the relevant time for establishing conformity with the contract.
Amendment 276 #
2015/0287(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods. In order to achieve a high level of consumer protection this period should be six years.
Amendment 277 #
2015/0287(COD)
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34 b) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first six years, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the digital content or digital service is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity.
Amendment 638 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The burden of proof with respect to the conformity with the contract at the time indicated in Article 10 shall bAny lack of conformity with the contract which becomes apparent within six years from the time indicated in Article 10 is presumed to have existed at this time unless this is incompatible with the nature onf the supplier. goods or with the nature of the lack of conformity.
Amendment 848 #
2015/0287(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Time limits The consumer shall be entitled to a remedy for the lack of conformity with the contract of the digital content or digital service where the lack of conformity becomes apparent within six years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than six years from the relevant time for establishing conformity with the contract.
Amendment 20 #
2015/0284(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers canGuaranteeing permanent access to online content services for consumers throughout the European Union based on subscriptions contracted in the Member State of residence is an important element for the completion of the Single Market and the effective enforcement of the principles of free movement of persons and services. Consumers should be able to use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union for purposes such as business or leisure travel, periods of study. Therefore, barriers that hamper access and use of such online content services cross borders should be eliminated.
Amendment 32 #
2015/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home countryMember State of residence but also when they are temporarily present in another Member State of the Union.
Amendment 36 #
2015/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot continue accessing and useing the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 39 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers toable and ensure cross-border portability of online content services in the Union and that the cross- border portability can be ensured, by providing a strictly interpretable legal fiction aimed at removing barriers to portability of legally acquired content related to licensing of rights.
Amendment 44 #
2015/0284(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation provides legal and technical solutions to enable cross-border portability of online content services legally acquired for subscribers temporarily present in another Member State. It does not aim to change and should not affect the existing system of territorial licensing, which is key in the financing, production and distribution of European audiovisual works.
Amendment 50 #
2015/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore, increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers. This is especially the case with premium content such as sporting or other events of significant interest to consumers. In order to enable service providers to deliver to consumers full access to their online content services for the duration of the temporary stay in a Member State other than the Member State of residence, it is indispensable that this Regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of Directive 2010/13/EU as well as to transmissions of broadcasting organisations in their entirety.
Amendment 57 #
2015/0284(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 58 #
2015/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles toThe problems associated with cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only. differ from one sector to another: whereas the music industry began to resolve these problems by proposing multi-territorial or pan-European licenses following the implementation of Directive 2014/26/EU of the European Parliament and of the Council1a, the audiovisual sector, where the model of exclusive territorial licensing predominates, is currently confronted with barriers in providing their content services on a portable basis across the Union. This Regulation aims to solve all the difficulties of adjusting to portability in all sectors concerned through a legal fiction, without affecting the high level of protection guaranteed by the copyright and related rights in the Union, especially the existing territorial licensing model. _____________________ 1aDirective 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
Amendment 67 #
2015/0284(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The acquisition of a licence for the relevant rights is not always possible, notably when rights in content are licensed on an exclusive basis. In order to ensure the territorial exclusivity, online service providers often undertake, in their licence contracts with right holders, including broadcasting organisations or events organisers, to prevent their subscribers from accessing and using their service outside the territory for which the service provider holds the licence. These contractual restrictions imposed on service providers require providers to take measures such as disallowing access to their services from IP addresses located outside the territory concerned. Therefore, one of the obstWhile ensuring that the principle of territoriality is respected, which is essential for the proper development and sustainable financing of the European audiovisual and cinematographic sector, this Regulation should satisfy the demand for aclcess to the cross-border portability, and use of, online content services is to be found in the contracts concluded between the online service providers and their subscribers, which in turn reflect the territorial restriction clauses included in contracts concluded between those service providers and right holderson a portable basis across the Union for any subscriber temporarily present in a Member State other than his or her Member State of residence.
Amendment 68 #
2015/0284(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation should not be interpreted as restricting a service provider from offering its services to a customer permanently located in another Member State, provided that the necessary licences have been acquired in accordance with Directive 2001/29/EC and Directive 2014/26/EU of the European Parliament and of the Council1a and that they have authorisation from the right holders to use their content. __________________ 1a Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
Amendment 71 #
2015/0284(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) For the licensing of copyright and related rights, this means that relevant acts of reproduction, communication to the public and making available of works and other protected subject-matter, as well as the acts of extraction or re-utilization in relation to databases protected by sui generis rights, which occur when the service is provided to subscribers when they are temporarily present in a Member State other than their Member State of residence, should be deemed to occur in the subscribers' Member State of residence. The service providers, therefore, should be deemed to carry out such acts on the basis of the respective authorisations from the right holders concerned for the Member State of residence of these subscribers. Whenever service providers can carry out acts of communication to the public or reproduction in the Member State of the subscriber on the basis of an authorisation from the right holders concerned, a subscriber who is temporarily present in a Member State other than his Member State of residence should be able to access and use the service and where necessary carry out any relevant acts of reproduction such as downloading which he would be entitled to do in his own Member State of residence. Tresidence. Provided that the Member State of residence of the subscriber has been effectively verified in accordance with this Regulation, the provision of an online content service by a service provider to a subscriber temporarily present in a Member State other than his or her Member State of residence and the use of the service by such a subscriber in accordance with this Regulation should not constitute a breach of copyright and related rights or any other rights relevant for the use of the content in the service.
Amendment 73 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt theprovide a legal framework in order to ensure that the licensing of rights no longer presents barrifor the provision of online content services to subscribers temporarily present in a Member State others to cross-border portability of online content services in the Union and that the cross- border portability can be ensuredhan their Member State of residence by providing a strictly interpretable legal fiction aiming to remove barriers to portability of legally acquired online content related to the licensing of rights.
Amendment 79 #
2015/0284(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The concept of cross-border portability should be distinguished from the concept of cross-border access to online content, which does not fall within the scope of this Regulation. This Regulation does not aim to change and should not affect the existing system of territorial licensing, which is key in the financing, production and distribution of European audiovisual works.
Amendment 81 #
2015/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content. A registration to receive content alerts, a simple registration based on general personal information such as the user's email-address or name, or a mere acceptance of HTML cookies should not be regarded as a contract for the provision of online content service for the purposes of this Regulation.
Amendment 84 #
2015/0284(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the right to property, including intellectual property rights, the freedom of expression and the freedom to conduct a business. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directives 95/46/EC27 and 2002/58/EC28 . In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose. __________________ 27 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31–50). 28 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.07.2002, p 37), called, as amended by Directives 2006/24/EC and 2009/136/EC, the "e- Privacy Directive".
Amendment 87 #
2015/0284(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
Amendment 87 #
2015/0284(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider. The payment of a mandatory fee such as a broadcasting licence fee should not be regarded as a payment of money to receive access to those online content services on a cross-border portable basis.
Amendment 95 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these servicesir member state of residence can access and use these services when temporarily present in another Member State.
Amendment 96 #
2015/0284(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online cwhilst this Regulation does not impose disproportionatent service take measures to ensur requirements to guarantee the same quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, the provider should explicitly and duly inform the subscriber on a durable medium about the quality of the delivery of an online content service in a Member State other than that of residence and about clear technical settings preventing the service provider from guaranteeing identical quality standards in the country of temporary stay. In such cases the provider shall not be liable if the quality of delivery of the service is lower. This information should be regarded as material for the purposes of Article 7(5) of Directive 2005/29/EC. Moreover, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 97 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services, on the condition that the provider of online content services has verified the subscriber's Member State of residence.
Amendment 97 #
2015/0284(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) OProviders of online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outsidegenerally do not verify the Member State of residence of their users. The inclusion of such online content services in the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscrib. To encourage these service providers to offer their online content services to their user's Member State of residence, information such as a payment of a licence fee for other services provided in theon a portable basis across the Union, they should have the option to be included in the scope of this Regulation provided that they effectively verify the user’s Member State of residence,. If they existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member Stercise that option, they should be obliged to comply with the provisions of this Regulation in the same way as providers of online content services, which are provided against payment of money. Furthermore, they should inform subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of online content service of their decision to exercise thate of residence of its subscribersption. Such information could be provided on the provider's website.
Amendment 106 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residing and to which the subscriber returns regularly, and which the provider can verify as such, in accordance with Article 3a;
Amendment 108 #
2015/0284(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 111 #
2015/0284(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services across the Union should be unenforceable.
Amendment 112 #
2015/0284(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation should not be interpreted as restricting a service provider from offering its services to a customer permanently located in another Member State, provided that the necessary licences have been acquired in accordance with Directives of the European Parliament and of the Council 2001/29/EC1a and 2014/26/EU1b and that they have authorisation from the rightholders to use their content. _______________________ 1aDirective 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10). 1b Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
Amendment 114 #
2015/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable, not intrusive, proportionate and do not go beyond what is strictly necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes ofTo that effect, providers should rely on the verification what mattermeans lis not the location, but rather, in which Member State the subscriber is accessing tted in this regulation. The service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required means should also not constitute an excessive burden for subscribers.
Amendment 115 #
2015/0284(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) For the licensing of copyright and related rights, this means that relevant acts of reproduction, communication to the public and making available of works and other protected subject-matter, as well as the acts of extraction or re-utilization in relation to databases protected by sui generis rights, which occur when the service is provided to subscribers when they are temporarily present in a Member State other than their Member State of residence, should be deemed to occur in the subscribers' Member State of residence. The service providers, therefore, should be deemed to carry out such acts on the basis of the respective authorisations from the right holders concerned for the Member State of residence of these subscribers. Whenever service providers can carry out acts of communication to the public or reproduction in the Member State of the subscriber on the basis of an authorisation from the right holders concerned, a subscriber who is temporarily present in a Member State other than his Member State of residence should be able to access and use the service and where necessary carry out any relevant acts of reproduction such as downloading which he would be entitled to do in his own Member State of residence. TProvided that the Member State of residence of the subscriber has been effectively verified in accordance with this Regulation, the provision of an online content service by a service provider to a subscriber temporarily present in a Member State other than his or her Member State of residence and the use of the service by such a subscriber in accordance with this Regulation should not constitute a breach of copyright and related rights or any other rights relevant for the use of the content in the service.
Amendment 117 #
2015/0284(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services across the Union should be unenforceable. With regard to present and future arrangements between online content service providers and rightholders, the decision to provide portability to subscribers temporarily present in another Member State cannot be made subject to contractual provisions. Online content service providers and rightholders should not be allowed to circumvent the application of this Regulation by opting for the law of a non- Member State of the Union as the law applicable to contracts which they conclude.
Amendment 121 #
2015/0284(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) This Regulation defines several concepts which are necessary for its application, including that of Member State of residence. The Member State of residence should be determined, taking into account the objectives of this Regulation and the need to ensure its uniform application within the Union. Regarding current and future arrangements related to online content services, the provision of portability to subscribers temporarily present in another Member State should not give rise to any special contractual provisions, especially with regard to a certain time limit during which service providers grant portable access to their online content services across the Union.
Amendment 124 #
2015/0284(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Verifications means may include the implementation of currently used means for periodic checking of relevant information of IP addresses to the extent that this is necessary for the purposes of this Regulation. Considering that for purposes of the verification what matters is not the precise location, but rather the subscriber's temporary presence in another Member State while accessing the service, data on precise location or any other personal data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient on order to deliver the service provided, identification of the subscriber should not be required. The verification process should be carried according to privacy and data protection rules.
Amendment 124 #
2015/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders toThis Regulation requires that the service provider makes use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposeThe online content service providers should be free to choose between the verification means listed in article 3b in order to verify the subscriber's Member State of residence. It is necessary, however, to ensure that those required means of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed forof the subscriber's Member State of residence are reasonable and do not go beyond what is necessary in order to achieve this purpose. Similarly, wWhere authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 133 #
2015/0284(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The provider of an online content service may request the subscriber to provide information necessary in order to sufficiently verify the subscriber's Member State of residence. If the subscriber fails to provide that information and as a consequence, the provider is unable to verify the subscriber’s Member State of residence as required under this Regulation, the provider should not provide cross-border portability of the online content service concerned to that subscriber under this Regulation.
Amendment 141 #
2015/0284(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) This Regulation should not affect the application of Directive 2014/26/EU of the European Parliament and of the Council1a and in particular Title III thereof relating to multi-territorial licensing of online rights. This Regulation is fully consistent with the objective of facilitating the lawful access to content, which is protected by copyright and related rights, as well as services linked thereto. ____________________ 1a Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
Amendment 158 #
2015/0284(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approachlegal framework to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these servicesportable and legally acquired online content services in their Member State of residence can access and use these services when temporarily present in another Member State.
Amendment 163 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation applies to all online content services provided to a subscriber against payment of money.
Amendment 164 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
This Regulation also applies to online content services provided without payment of money as long as the service provider has chosen to enable his subscribers, who are temporarily present in a Member State other than their Member State of residence, to access and use the online content service in question and as long as he verifies the subscriber's Member State of residence in accordance with Article 3b.
Amendment 165 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with a provider, maycan access and use such service in the Member State of residence;
Amendment 169 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a in a Member State" means a non-permanent presence of a subscriber in a Member State other than the Member State of residence;
Amendment 177 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) "Temporarily present" means a non-permanent presence of a subscriber in a Member State other than this or her Member State of residence;
Amendment 180 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in tto a subscriber in his or her Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner,
Amendment 185 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point e – subparagraph 2 – point 2
Article 2 – point e – subparagraph 2 – point 2
(2) without payment of money provided that the subscribonline content service provider decides to offer portable access and use of his online content services to his users across the Union and that the user's Member State of residence is verified by theat provider;
Amendment 190 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 194 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-member country as the law applicable to contracts signed between service providers and rights holders or to contracts between providers and subscribers.
Amendment 195 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Paragraph 1 is without prejudice to the possibility for a service provider to allow a subscriber to also access and use the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 198 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 204 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Online service providers shall not limit the obligations set out in paragraph 1 of Article 3 on the basis of the use of any specific technology or devices.
Amendment 215 #
2015/0284(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Option to enable cross-border portability of online content services provided without payment of money 1. The provider of an online content service provided without payment of money may choose to enable its subscribers who are temporarily present in a Member State other than their Member State of residence to access and use its online content services in accordance with this Regulation. 2. If a provider of an online content service provided without payment of money opts to provide that service in accordance with paragraph 1, it shall inform its users and the rightholders before actually providing that service. The information shall be provided by means which are adequate and proportionate. 3. If a provider of an online content service provided without payment of money opts to provide that service in accordance with paragraph 1, this Regulation shall apply to it.
Amendment 218 #
2015/0284(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Amendment 224 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 227 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Paragraph 1 is without prejudice to the possibility of the service provider allowing the subscriber to also access the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 227 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Clauses in contracts between a service provider and a subscriber designed to prohibit or limit the cross-border portability of online content services shall be unenforceable under this Regulation.
Amendment 228 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1b (new)
Article 5 – paragraph 1b (new)
1b. The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-Member State of the Union as the law applicable to contracts signed between service providers and rightholders or to contracts between service providers and subscribers.
Amendment 235 #
2015/0284(COD)
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification of the Member State of residence under Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 239 #
2015/0284(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Three years after the entry into force of this Regulation, and every three years thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices. The Commission's report shall be accompanied, if appropriate and necessary, by legislative or non-legislative proposal(s).
Amendment 243 #
2015/0284(COD)
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification of the Member State of residence under Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 249 #
2015/0284(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Three years after the entry into force of this Regulation, and at three-year intervals thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices, and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by legislative or non-legislative proposal(s).
Amendment 16 #
2015/0068(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) The challenge posed by cross-border tax avoidance, aggressive tax planning and harmful tax competition has increased considerably and has become a major focus of concern within the Union and at global level. Advance tax rulings are supposed to provide legal certainty for investors, but are instead being misused for tax dumping. Such illegitimate tax avoidance models must also become illegal in the future. Tax base erosion is considerably reducing national tax revenues, which hinders Member States in applying growth- friendly tax policies. In particular, rulings concerning tax-driven structures lead to a low level of taxation of artificially high amounts of income in the country giving the advance ruling and may leave artificially low amounts of income to be taxed in any other countries involved. An increase in transparency is therefore urgently required. The tools and mechanisms established by Council Directive 2011/16/EU13 need to be enhanced in order to achieve this. __________________ 13 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64 of 11.3.2011, p. 1).
Amendment 18 #
2015/0068(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The principle must apply that companies pay taxes in the countries in which they generate their profits. This requires the profits to be recorded in a country-specific manner.
Amendment 25 #
2015/0068(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) In order to reap the benefits of the mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements, the information should be communicated promptly after they are issued and therefore regular intervals for the communication of the information should be established; efficient and effective sanctions must be imposed on Member States in cases of non- compliance.
Amendment 29 #
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, in addition to the new central public register for tax matters. 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. Such communication will not discharge a Member State from its obligations to notify any state aid to the Commission. Calls on the EU Commission to apply the only instrument currently available, EU aid law, in the necessarily stringent manner, in order to effectively combat the practice of some Member States of attracting multinational corporations with tax rebates or full tax exemptions.
Amendment 43 #
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 3
Article 3 – point 15 – subparagraph 3
Transfer prices are the prices at which an enterprise transfers physical goods and intangible property or provides services to associated enterprises; calls on the competent commissioner to drive forward the formation of a group of national experts for data collection and analysis;
Amendment 45 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8 a – paragraph 1
Article 8 a – paragraph 1
(1) The competent authority of a Member State issuing or amending an advance cross-border ruling or an advance pricing arrangement after the date of entry into force of this Directive shall, by automatic exchange, communicate information thereon to the competent authorities of all other Member States, to the new central public register for tax matters as well as to the European Commission.
Amendment 46 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8 a – paragraph 2
Article 8 a – paragraph 2
(2) The competent authority of a Member State shall also communicate information to the competent authorities of all other Member States, to the new central public register for tax matters 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 but still valid on the date of entry into force of this Directive.
Amendment 48 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8 c (new)
Article 8 c (new)
Amendment 14 #
2014/2256(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
Amendment 17 #
2014/2256(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the copyright framework and its enforcement on the basis of the Charter of Fundamental Rights of the EU, that attains and safeguards a fair remuneration for artists, creators and rightholders plays a vital role in encouraging creativity, fostering cultural diversity and ensuring the creation of new creative and cultural content across the Union;
Amendment 22 #
2014/2256(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls that there is nothing within the current legal framework to prohibit the use of multi-territorial and pan- European licences, notes however that the demand for those licences remains weak, and stresses that these licences should remain optional; emphasizes that multi- territorial and pan-European licenses should ensure the fair remuneration of artists, creators and right-holders;
Amendment 26 #
2014/2256(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasizes that any reform of the copyright framework should take as a basis of proportional and adequate protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 35 #
2014/2256(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Supports the initiatives aimed at enhancing the portability of online services of legally acquired and legally made available content within the Union, whilst fully respecting copyrights and the interests of right-holders;
Amendment 38 #
2014/2256(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, and are not only essential for cultural diversity but also significantly contribute to social and economic development;
Amendment 44 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that embedding and linking should notthe ability to link one resource to another or to embedd is an important feature of the internet, but stresses that under certain circumstances, in particular commercial uses, embedding and linking may be considered as acts of communication to thea new public and thus should not be subject to Article 3 of the directiveerefore may constitute an infringement to copyrights;
Amendment 52 #
2014/2256(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 55 #
2014/2256(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls the European Parliament resolution of 27 February 2014 on private copying levies (2013/2114 (INI)) and ask the Commission to implement those proposals in a coherent manner;
Amendment 57 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 71 #
2014/2256(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that when Member States provide for exceptions and limitations they should ensure that creators or rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter;
Amendment 78 #
2014/2256(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Where exceptions and limitations are provided for, stresses the need for them to be targeted whilst reflecting modern digital use, and for clarity to the user with regards to the scope and limits of these exceptions and limitations in order to avoid consumer confusion and ensure legal certainty;
Amendment 84 #
2014/2256(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allows e-lending of e-books in a way that permits an effective control, making it similar to the lending of physical copies;
Amendment 89 #
2014/2256(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls that the Marrakech Treaty will require the Union to have a mandatory exception to copyrights for the non- commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
Amendment 94 #
2014/2256(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the fact that a general flexible exception should be introduced to offer a broader interpretation of the current exceptions based on the analogue model, while taking into account the freedom of expression and information, freedom of the arts and sciences and cultural, religious and linguistic diversity, as referred to in the Charter of Fundamental Rights of the European Unionis not adapted to the European legal system and would undermine the legal certainty necessary for both the consumers and the creative and cultural sectors;
Amendment 100 #
2014/2256(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Commission to safeguard the fair balance between all key actors in the creative process and supply chain in the copyright framework whilst fully respecting the Charter of Fundamental Rights of the European Union;
Amendment 111 #
2014/2256(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Suggests a review of the liability of service providers to guarantee the dissemination of culture across the EU and in accordance withthat the situation of service providers and intermediaries in relation to the profit from exploitation of the Charter of Fundamental Rights of the European Union and the European Convention on Human Rightsist's work should be reviewed;
Amendment 117 #
2014/2256(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognizes that commercial copyright infringing activities pose a serious threat to the functioning of the digital single market and to the development of the legal offer of diversified cultural and creative content online;
Amendment 120 #
2014/2256(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;
Amendment 148 #
2014/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end users11 and encourages ongoing assessment of the issues; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 196 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remunerfair remuneration and compensation for all categories of rightholders; calls for improvements to the contractual position of authors and performecreators in relation to other rightholders and intermediaries;
Amendment 222 #
2014/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ConsidersInvites the Commission to explore the introduction of a single European Copyright Title on the basised ofn Article 118 TFEU that would apply directly and uniformly across the EU, in accordancUnion as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/EC and to improve legal certainty in line with the Commission’'s objective of better regulation, as a legal means to reme; therefore calls on the Commission to study the limpackt of harmonisation resulting from Directive 2001/29/ECa single European Copyright Title on digital jobs and innovation, and on the preservation of consumers' access to regional cultural diversity;
Amendment 258 #
2014/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection and should therefore be able to be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domainHighlights the need for a common definition of 'public domain' so as to ensure the widespread dissemination of cultural content across the EU;
Amendment 527 #
2014/2256(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Proposes to strengthen authors' rights by making remuneration rights tied to exceptions and limitations non- transferable to other rightholders;
Amendment 6 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas investment protection provisions and investor state dispute settlement are an essential tool in international economic relations and are very important fo, but no study exists which proves any link between investor state disputes and greater investment activity, and whereas a balanced relationship between the necessary and effective protection of investors, and the right of States to regulate and an appropriate dispute settlement procedurein the public interest is fundamental;
Amendment 13 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
B. whereas nine EU Member States have concluded bilateral investment protection agreements with the USA granting US undertakings the right to bring complaints against those Member States, and whereas numerous bilateral agreements between EU Member States contain numerous ISDS clauses, but Regulation No 912/2014 states that existing bilateral investment agreements to which Member States are parties are to be replaced by the inclusion of an investment chapter in TTIP, even without ISDS;
Amendment 22 #
2014/2228(INI)
Draft opinion
Recital C
Recital C
C. whereas international agreements are a basis for legal certainty and predictability and whereas there have been many cases in which the EU and other States have brought legal actioncomplaints against the USA under the aegis of the WTO, which traditionally uses an inter-state dispute settlement mechanism, because the USA was believed to have failed to comply with its international obligations;
Amendment 27 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
a. ConsiderObserves that the Commission’s proposals for reform initiatives relating to investment protection accord with the European Parliament resolution on the future European international investment policy (2010/2203(INI)); observes, however, that the reservations felt by the public should be taken into account in these reformreservations felt by the public should be reflected in negotiations on trade and investment agreements;
Amendment 41 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
b. Observes that the reforms incorporated in CETA for mechanisms for the settlement of disputes between States and investors do not represent the right approach and must be developed furtherare therefore superfluous for TTIP;
Amendment 49 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
c. Observes that existing dispute settlement mechanisms work well but also display weaknesses and that therefore improvements are needed and they must be modernised in order to improve their legitimacy and the institutionalisation of mechanisms for the settlement of disputes between States and investors, so that they can then also be taken as a model for other partnershipsdisplay serious weaknesses in terms of both procedure and substance;
Amendment 53 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point d
Paragraph 1 – point d
d. Calls on the Commission, in this context, to take account of and to supplement, firstly, the constructive contributions made by the public consultation on TTIP, and, secondly, the dispute settlement mechanisms incorporated in CETA, in order to establish clear structures, impartial procedures, a lawful pool of judges selected by States and a code of conduct for judges, to increase the transparency and legitimacy of such dispute settlement procedures, to limit the scope for legal action in order to prevent forum shopping, to maintain the democratic legitimacy of national and European legislatures for amendments to legislation with defined standards and levels and to assess the feasibility of establishing a permanent court and a multilateral appeal system in TTIP;eleted
Amendment 65 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
e. Calls on the Commission to ensure that foreign investors from the EU are not disadvantaged in the USA, including in relation to investors from other third States (such as Canada, Mexicoare treated in a non- discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, Cwhina, India and TPP States), which already now, or in future on the basis of negotiations currently under way, enjoyle benefiting from no greater rights than domestic investors; to oppose the inclusion of ISDS in TTIP, as other options to enforce investorment protection and have access to mechanisms for the settlement of disputes between States and investorre available, such as domestic remedies;
Amendment 76 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point f
Paragraph 1 – point f
f. Calls on the Commission to ensure that in the case of future dispute settlement mechanisms in TTIPCETA and TTIP and their administrative operation it is guaranteed that decisions on individual cases will not replace the national law of the contracting parties which is in force or render it ineffective, and that amendments by future legislation – provided that they are not made retroactive – cannot be contested under such a dispute settlement mechanism;
Amendment 81 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point g
Paragraph 1 – point g
g. Calls on the Commission to ensure that clearly defined rules on regulatory coherence are comprehensively incorporated in TTIP;guarantee that the established regulatory systems on both sides of the Atlantic and the role of the European Parliament in the EU’s decision-making procedure and its powers of scrutiny of the EU's regulatory processes will be fully and completely respected in creating the framework for future cooperation;☺
Amendment 87 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point h
Paragraph 1 – point h
h. Calls on the Commission to ensure that the adoption of national legislation continues to be performed exclusively by legitimate legislative bodies of the EU and the USA and that the Regulatory Cooperation Body is not assigned any legislative powers and cannot take any binding decision but serves purely for purposes of cooperation, information exchange and supobservisation of the implementation of CETA and TTIP provisions;
Amendment 94 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
i. NotStresses that TTIP gives contracting parties the option of increasing protection of intellectual property, including in relation to third States, while neither EU Member States nor the European Union have taken a decision on comprehensive harmonisation of the right to intellectual property, including copyright, trade marks and patents, the Commission ought not to negotiate on these interests in CETA or TTIP.
Amendment 107 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
ia. Considers that there may fundamentally be a mutual interest in the elimination of non-tariff barriers to trade, but that it must be confined to various technical standards and regulations and, where appropriate, the abolition of duplicate authorisation procedures which are genuinely comparable; stresses that mutual recognition of standards and authorisation procedures can be accepted only if it does not result in any lowering of the level of protection; considers that parliamentary sovereignty over the definition of standards and authorisation procedures must be preserved;
Amendment 108 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
ib. Rejects competition which entails dumping, in the course of which States and undertakings secure advantages through social or environmental dumping; considers, therefore, that, in the context of CETA and TTIP, the aim must be to improve rights of codetermination, labour standards, standards of health protection and consumer protection, and social and environmental standards;
Amendment 109 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i c (new)
Paragraph 1 – point i c (new)
ic. Observes that, in the field of public procurement, social and ecological procurement criteria and their possible extension must not be called into question;
Amendment 110 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i d (new)
Paragraph 1 – point i d (new)
id. Observes that CETA and TTIP must prove their value by contributing to progress in the protection of employees’ rights, consumer protection and sustainable economic development on a global scale;
Amendment 111 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i e (new)
Paragraph 1 – point i e (new)
ie. Calls on the Commission to ensure that both contracting parties undertake, in particular, to respect and implement core ILO labour standards and the OECD Guidelines for Multinational Enterprises; considers that compliance with labour and social standards must be effectively secured in case of conflict;
Amendment 112 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i f (new)
Paragraph 1 – point i f (new)
if. Stresses that under no circumstances may the right to codetermination, works constitution and free collective bargaining or other protective rights for workers, the environment and consumers be interpreted as 'non-tariff trade barriers';
Amendment 113 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i g (new)
Paragraph 1 – point i g (new)
ig. Stresses that the transatlantic negotiations should also be used to step up regulation of sectors of global financial markets which have hitherto been insufficiently regulated ;
Amendment 114 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i h (new)
Paragraph 1 – point i h (new)
ih. Observes, furthermore, that unclear definitions of legal terms in CETA and TTIP such as ‘fair and equitable treatment’ or ‘indirect expropriation’ must be rejected;
Amendment 115 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i i (new)
Paragraph 1 – point i i (new)
Amendment 116 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i j (new)
Paragraph 1 – point i j (new)
ij. Calls on the Commission to ensure that CETA and TTIP include clauses which make it possible to correct undesirable and wrong developments and, where appropriate, permit termination of the agreements;
Amendment 14 #
2014/2151(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU faces a high number of intellectual property rights infringements, and whereas the volume and financial value of these infringements are alarmingnot insubstantial, as reported by the Commission in its report on the application of the Directive on the enforcement of intellectual property rights (COM(2010)0779);
Amendment 23 #
2014/2151(INI)
Motion for a resolution
Recital D
Recital D
Amendment 37 #
2014/2151(INI)
Motion for a resolution
Recital F
Recital F
F. wWhereas law enforcement is essential, and whereas it is of the utmost importance to find effectivDirective 2000/31/EC (the Electronic Commerce Directive) is an appropriate means of enforcing IPR;.
Amendment 40 #
2014/2151(INI)
Motion for a resolution
Recital G
Recital G
G. whereas IPR infringements have a particularn impact on SMEs, including i and on business-to- business services, and can lead to the loss of markets and bankruptcy;
Amendment 42 #
2014/2151(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes in principle the communication of the Commission of 1 July 2014 presenting an action plan on the enforcement of intellectual property rights; supports its approach to IPR enforcement, based on preventive actions and on policy tools which intend to deprive commercial-scale infringers of their revenues and make it more difficult for infringing goods to be put on the market;
Amendment 45 #
2014/2151(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to ensure that one of the main objectives of the EU action plan is to provide reliable data on the socio-economic impact of commercial- scale IPR infringements;
Amendment 47 #
2014/2151(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that, at times of financial crisis, when major cuts are being made in financial support for the cultural sector, IPR are often among individual creators’ main sources of income; stresses, therefore, that ensuring fair remuneration for creators should be a crucial element of the EU action plan;
Amendment 48 #
2014/2151(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Takes the view that in the interests of innovation, creativity and competitiveness, it is crucial that IPR protection measures are transparent and that full information is available to the public and to all other actors concerned;
Amendment 50 #
2014/2151(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that all actors in the supply chain in the offline context have a role to play in the fight against IPR infringement and should be involved in this process; stresses that anthe approach involving all actors should be develadopted both in the online and in the offline context;must involve all actors
Amendment 53 #
2014/2151(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the inclusion of online actors in measures to combat IPR infringements must comply with the principles of Directive 2000/31/EC (the Electronic Commerce Directive) and the Charter of Fundamental Rights of the European Union;
Amendment 57 #
2014/2151(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that applying due diligence throughout the supply chain, particularly in the interests of SMEs, would improve the business environment and contribute to preventing infringing goods from entering the market; stresses, however, that the cost-benefit rwelcomes the Commission’s initiatiove of qualitative auditing schemes should be well assessed and that providing support to SMEs should be considered in that respectexploring what EU-wide measures can improve the enforcement of IPR and thus where necessary reduce any dispute costs incurred, particularly for SMEs;
Amendment 78 #
2014/2151(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that the lack, to some extent, of a competitive supply of non-infringing products and content makes it difficult to deter consumers from buying unlawful goods or using unlawful content; takes the view that sufficientfurther progress has notneeds to been made in this area, and reiterates its demand that the Commission and Member States put more pressure on the industry to develop, in all Member States, licit offers that are both diversified and attractive;
Amendment 86 #
2014/2151(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view as well that opportunities for infringement should not be created, and that business models should be reconsidered by the industry in certain sectorsne way of strengthening IPR could be to develop innovative business models; further stresses that the improvement and constant adaptation of such models to the advance of technology should be reconsidered for certain sectors of the industry;
Amendment 93 #
2014/2151(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomNotes the Commission’s declared intention to support SMEs in enforcing their IPR and, in particular, to further assess SMEs’ needs for future EU actionfurther assess the need for the enforcement of IPR for SMEs with a view to future EU action; further stresses that this should also apply to independent creators;
Amendment 95 #
2014/2151(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 98 #
2014/2151(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists on the need to take into account SMEs when drafting legislation for businesses, and reiterates that the ‘think small first’ principle should be applied at all timestaken into account;
Amendment 100 #
2014/2151(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. . Stresses the importance of access to justice and of the cost-effectiveness of judicial proceedings, especially for SMEs, and calls for the development of mediation services and other business-to- business alternative dispute resolution schemes in the area of IPR;
Amendment 116 #
2014/2151(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates its call for a comprehensiven IPR strategy, including a complete and strong legal framework to combat counterfeiting and piracy adapted to the online environment;
Amendment 478 #
2014/0121(COD)
Proposal for a directive
Article 2 – paragraph -1 a (new)
Article 2 – paragraph -1 a (new)
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(-1a) In Article 18, the following paragraph is inserted after paragraph 2: '2a. In the notes to the financial statements large undertakings and public- interest entities shall also disclose, specifying by Member State and by third country in which they have an establishment, the following information on a consolidated basis for the financial year: (a) name(s), nature of activities and geographical location; (b) turnover; (c) number of employees on a full time equivalent basis; (d) value of assets and annual cost of maintaining those assets; (e) sales and purchases; (f) profit or loss before tax; (g) tax on profit or loss; (h) public subsidies received; (i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.'
Amendment 479 #
2014/0121(COD)
Proposal for a directive
Article 2 – point -1 b (new)
Article 2 – point -1 b (new)
(-1b) In Article 18, paragraph 3 is replaced by the following: '3. Member States may provide that point (b) of paragraph 1 and paragraph 2a are not to apply to the annual financial statements of an undertaking where that undertaking is included within the consolidated financial statements required to be drawn up under Article 22, provided that that information is given in the notes to the consolidated financial statement.
Amendment 69 #
2011/0901B(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Partial replacements in the General Court should be organised in such a way that the governments of Member States gradually begin to nominate two Judges for the same partial replacement. In order therefore to ensure a balance between women and men within that Court [joint declaration of... 1 a ], the governments of Member States should aim to choose one woman and one man, providing the conditions and procedures laid down by the Treaty are respected. __________________ 1a * OJ: insert the date of entry into force of this Regulation.
Amendment 113 #
2011/0901B(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
Amendment 116 #
2011/0901B(COD)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
(b) The term of office of three of the seven additional Judges to be appointed as from 1 September 2016 shall end on 31 August 2019. Those three Judges shall be chosen by lotin such a way that the governments of three Member States nominate two Judges for the partial replacement of the General Court in 2019. The term of office of the other four Judges shall end on 31 August 2022;
Amendment 119 #
2011/0901B(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) The term of office of four of the nine additional Judges to be appointed as from 1 September 2019 shall end on 31 August 2022. Those four Judges shall be chosen by lotin such a way that the governments of four Member States nominate two Judges for the partial replacement of the General Court in 2022. The term of office of the other five Judges shall end on 31 August 2025.
Amendment 121 #
2011/0901B(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a 1. By [five years after the entry into force of this Regulation] at the latest, the Court of Justice shall draw up a report, using an external consultant, for the European Parliament, the Council and the Commission on the functioning of the General Court. In particular, this report shall focus on the efficiency of the General Court, the necessity and effectiveness of the increase to 56 judges, the use and effectiveness of resources and the further establishment of specialised chambers and/or other structural changes. The Court of Justice shall make legislative proposals to amend its Statute accordingly. 2. By [two years after the entry into force of this Regulation] at the latest, the Court of Justice shall draw up a report for Parliament, the Council and the Commission on possible changes to the distribution of competence for preliminary rulings under Article 267 of the Treaty on the Functioning of the European Union. The report shall be accompanied, where appropriate, by legislative proposals.