Activities of Emil RADEV
Plenary speeches (28)
State of implementation of anti-money laundering legislation (debate)
Cross-border organised crime and its impact on free movement (debate)
The illegal trade in companion animals in the EU (debate)
False and Authentic Documents Online (FADO) system (debate)
State of play of the EU's fight against money laundering, in light of the Luanda Leaks (debate)
Humanitarian situation of refugees at EU external borders (debate)
Migration situation at the Greek-Turkish border and the EU's common response to it (debate)
Situation in the Schengen area following the Covid-19 outbreak (debate)
A comprehensive Union policy on preventing money laundering and terrorist financing – Commission's Action plan and other recent developments (debate)
The establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (debate)
Obligations of the Commission in the field of visa reciprocity in accordance with Article 7 of Regulation (EU) 2018/1806 (debate)
Sustainable corporate governance (short presentation)
Justice programme 2021-2027 (debate)
The importance of civil justice for the economic recovery post COVID-19 (debate)
Situation in Afghanistan (debate)
Increased efforts to fight money laundering (debate)
An EU ban on the use of wild animals in circuses (debate)
Suisse Secrets - How to implement anti-money laundering standards in third countries (debate)
Use of the Pegasus Software by EU Member States against individuals including MEPs and the violation of fundamental rights (topical debate)
Illegal detention of the opposition leader in Bulgaria (topical debate)
The accession of Romania and Bulgaria to the Schengen area (debate)
The recent JHA Council decision on Schengen accession (debate)
Need for urgent update of the EU list of high-risk third countries for anti-money laundering and terrorist financing purposes (debate)
EUCO conclusions: the need for the speedy finalisation of the Road Map (debate)
Schengen area: digitalisation of the visa procedure - Schengen area: amending the Visa Sticker Regulation (Joint debate – Schengen area)
Screening of third country nationals at the external borders - European Criminal Records Information System - Third Country Nationals - Common procedure for international protection in the Union - Establishing a return border procedure, and amending Regulation (EU) 2021/1148 - Asylum and migration management - Addressing situations of crisis and force majeure - Establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013, for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) - Union Resettlement Framework - Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection - Standards for the reception of applicants for international protection (recast) (joint debate - Migration and Asylum package)
The sixth Anti-Money Laundering Directive - Anti-Money Laundering Regulation - Establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism (joint debate - Anti-money laundering)
The sixth Anti-Money Laundering Directive - Anti-Money Laundering Regulation - Establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism (joint debate - Anti-money laundering)
Reports (7)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast)
REPORT on the proposal for a regulation of the European Parliament and of the Council on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2019/1153 of the European Parliament and of the Council, as regards access of competent authorities to centralised bank account registries through the single access point
REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 2003/8/EC, Council Framework Decisions 2002/465/JHA, 2002/584/JHA, 2003/577/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA, 2008/947/JHA, 2009/829/JHA and 2009/948/JHA, and Directive 2014/41/EU of the European Parliament and of the Council, as regards digitalisation of judicial cooperation
REPORT on the proposal for a regulation of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) 1094/2010, (EU) 1095/2010
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives 2009/102/EC and (EU) 2017/1132 as regards further expanding and upgrading the use of digital tools and processes in company law
Shadow reports (6)
REPORT on sustainable corporate governance
REPORT on artificial intelligence: questions of interpretation and application of international law in so far as the EU is affected in the areas of civil and military uses and of state authority outside the scope of criminal justice
RECOMMENDATION FOR SECOND READING on the Council position at first reading in a view to the adoption of a regulation of the European Parliament and of the Council establishing the Justice Programme and repealing Regulation (EU) No 1382/2013
RECOMMENDATION on the draft Council decision concerning the accession of the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 767/2008, (EC) No 810/2009 and (EU) 2017/2226 of the European Parliament and of the Council, Council Regulations (EC) No 1683/95, (EC) No 333/2002, (EC) No 693/2003 and (EC) No 694/2003 and Convention implementing the Schengen Agreement, as regards the digitalisation of the visa procedure
REPORT with recommendations to the Commission on Digitalisation and Administrative Law
Opinions (3)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European single access point providing centralised access to publicly available information of relevance to financial services, capital markets and sustainability
OPINION on the proposal for a regulation of the European Parliament and of the Council on import, export and transit measures for firearms, their essential components and ammunition, implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol) (recast)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the establishment of the digital euro
Shadow opinions (11)
OPINION on Artificial intelligence: questions of interpretation and application of international law in so far as the EU is affected in the areas of civil and military uses and of state authority outside the scope of criminal justice
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section IV – Court of Justice
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2020, Section IV – Court of Justice of the European Union
OPINION on the protection of the rights of the child in civil, administrative and family law proceedings
OPINION on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations as regards the establishment and functioning of the European single access point
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European single access point providing centralised access to publicly available information of relevance to financial services, capital markets and sustainability
OPINION on the proposal for a directive of the European Parliament and of the Council amending certain Directives as regards the establishment and functioning of the European single access point
OPINION on the proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation
OPINION on the 2022 discharge: General budget of the EU - European Parliament
OPINION on the 2022 discharge: EU general budget - European Public Prosecutor's Office
OPINION on discharge in respect of the implementation of the general budget on the 2022 discharge: General budget of the EU - Court of Justice of the European Union
Institutional motions (6)
MOTION FOR A RESOLUTION on the state of implementation of the Union’s anti-money laundering legislation
MOTION FOR A RESOLUTION on a comprehensive Union policy on preventing money laundering and terrorist financing – the Commission’s Action Plan and other recent developments
MOTION FOR A RESOLUTION on the Pandora Papers: implications for the efforts to combat money laundering, tax evasion and avoidance
JOINT MOTION FOR A RESOLUTION on the Pandora Papers: implications for the efforts to combat money laundering, tax evasion and avoidance
MOTION FOR A RESOLUTION the EU Protection of children and young people fleeing because of the war in Ukraine
MOTION FOR A RESOLUTION on the accession of Romania and Bulgaria to the Schengen area
Oral questions (9)
Functioning of the internal market
Animal welfare and the new Green Deal
Dual quality of products in the single market
Concerted plans and actions to transition to innovation without the use of animals in the EU
Putting forward an EU Strategy for Demography
An EU ban on the use of wild animals in circuses
Timetable and vote for the accession of Romania, Bulgaria and Croatia to the Schengen Area
Prohibiting chick and duckling killing in EU law
Promised revision of the EU animal welfare legislation and the animal welfare-related European Citizens’ Initiatives
Written questions (26)
Combating corruption - the Commission's delays
The potential risks of the Libra project
Serious delays in the issuing of U1 forms for work periods for EU citizens
Increasing migratory pressure at the EU’s external borders
EU-level measures against disinformation
Food safety risks of imported meat from stolen and unidentified horses from Argentina
Supporting European primary care systems
The future EU animal welfare label must cover farming, transport and slaughter
Possible infringement of the principles of the rule of law in Bulgaria
Helping beekeepers protect themselves against beehive thefts
Grindadráp in the Faroe Islands
Danger of environmental catastrophe along the EU’s coast
EU-US Trade and Technology Council and the role of the European Parliament
Closure of the Specialised Court and Public Prosecutor’s Office in Bulgaria
Unpaid traineeships in EU institutions
The exclusion of trainees in EU institutions from Erasmus grants
Erasmus4Ukraine
The Scheval file and the Commission’s ability to carry out unannounced inspections
Improving and enforcing the EU Air Passengers Rights Regulation
The accession of Bulgaria and Romania to the Schengen area
Recognition of the right to conscientious objection to animal testing
Bulgarian investigative journalist on Russia’s ‘wanted’ list
Violence against companion animals in Bulgaria
Rise of antisemitism and hate speech in Bulgaria
Commission, where is the promised animal welfare legislation?
Decision to grant Bulgaria and Romania access to Schengen by air and water – crossings at the Oryahovo–Bechet and Silistra–Călăras river crossing points
Amendments (1710)
Amendment 4 #
2023/2139(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls EP's strong support for the establishment of the European Public Prosecutor Office (EPPO); acknowledges the important roleof EPPO as an independent European Union body in investigating, prosecuting and bringing to judgment crimes affecting the financial interests of the Union;highlights that since starting its operations on 1 June 2021, EPPO has registered more than 4000 crime reports from participating EU Member States and private parties and over 929 investigations have been opened (as of June 2022);
Amendment 5 #
2023/2132(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the accelerating digitalisation of the CJEU by introduction of the electronic signature, used to sign judgments and orders of the General Court;
Amendment 7 #
2023/2132(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the setting up of a streaming system for hearings of the Court of Justice which serves to strengthen the CJEU’s ‘Citizen Court’ dimension through increased accessibility for the general public, as well as promoting the principle of the transparency and publicity of hearings. Stresses in this regard, that the new streaming system, needs to be gradually supplemented by additional external means of communication, that will allow for greater visibility of the work of the institution;
Amendment 14 #
2023/2132(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the fact that the proportion of women in both managerial posts remains at a high level(40% in 2022 as in 2021), as well as total number of officials and other staff (460% in 2022 as in 2021)) in the institution, remains at a high level, confirming the global upward trend recorded since 2018 (41% in 2020, 39% in 2019 and 37.5% in 2018).
Amendment 1 #
2023/2130(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the recommendations made by the European Parliament in its resolution of 10 May 2023 to amend the Implementing Measures for the Members’ StatutWelcomes the creation of a Bureau ad-hoc Working Group to carry out a thorough overhaul of the Implementing Measures for the Statute for Members of the European Parliament (IMMS) while striking a balance between the freedom of the exercise of the mandate, the reputational risks to Parliament and managerial ethics, following the announcement by the President on 21 November 2022; highlights that the amendment of the (IMMS), is aimed at increasing transparency, accountability and sound financial management of funds made available to Members, bearing also in mind the principle of the independence of the parliamentary mandate and the importance to avoid creating unnecessary administrative burdens for Parliament, its Members and their offices;
Amendment 2 #
2023/2130(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concernedNotes that the actuarial deficit of the Voluntary Pension Fund (VPF) on 31 December 2021 amounted to EUR 379 million (compared to EUR 371,34 million on 31 December 2020) and concurs with the Parliament’s call in its resolution of 10 May 2023 to adjust the modalities of the fund; Welcomes the amendments made by the Parliament’s Bureau to Article 76 of the IMMS in relation to the Additional (Voluntary) Pension Scheme, which entered into force on 1 July 2023, and which aim at reducing future pension obligations from EUR 362.7 million to estimated EUR 139 million, and the actuarial deficit of the Fund from EUR 310 million to estimated EUR 86 million;
Amendment 3 #
2023/2130(DEC)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 41 #
2023/0212(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) The digital euro, both for online and offline digital euro transactions, must always complement the physical cash and not replace it. Citizens and businesses will always have the choice of using one or another form of legal tender or their combination of them.
Amendment 49 #
2023/0212(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The primary deployment of the digital euro in the euro area should not lead to discrimination of citizens and businesses in Member States whose currency is not the euro or otherwise inadvertently create double standards in the single market. Prospective digital euro users in such Member States should get the possibility to voluntarily take up the digital euro where possible. The provision of digital euro payment services to digital euro users residing or established in a Member State whose currency is not the euro should be subject tocome possible under a prior arrangement between the European Central Bank and the national central bank of the Member State whose currency is not the euro, following a request from the Member State whose currency is not the euro. Such arrangement should ensure that natural and legal persons who become digital euro users in the Member State whose currency is not the euro receive the same conditions and opportunities for the use of the digital euro as digital euro users in Member States whose currency is the euro, particularly when it comes to holding limits, the extent of basic services, free of charge, etc. In line with the Agreement on the European Economic Area, digital euro users residing or established in non-euro area Member States may be provided digital euro payment services by payment service providers established in the European Economic Area.
Amendment 59 #
2023/0212(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) To provide for instantaneous settlement, both online and offline digital euro transactions, including in the context of funding and defunding, and as waterfall and reverse waterfall functionalities, should be settled instantaneously, in a few seconds only, in normal circumstances. The settlement of online digital euro payment transactions should be performed in the digital euro settlement infrastructure adopted by the Eurosystem. Online digital euro payment transactions should be settled in a matter of seconds as specified under the functional and technical requirements adopted by the European Central Bank. Final settlement of online digital euro payment transactions should be achieved at the moment of recording the digital euros concerned of the payer and the payee in the digital euro settlement infrastructure approved by the European Central Bank, irrespective of whether digital euros are recorded as holding balances or units of value, or of the technology used. The digital euro settlement infrastructure should seek to ensure adaptation to new technologies, including distributed ledger technology. Given the sensitivity of data to be stored in the settlement infrastructure, the principles of data protection by design and by default as defined in Regulation 2016/679 should be duly reflected in its development, along with the implementation of appropriate safeguards in this regard.
Amendment 74 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘digital euro payment account’ means an account held by one or more digital euro users with a payment service provider to access digital euro recorded in the digital euro settlement infrastructure or in an offline digital euro local storage device and to initiate or receive digital euro payment transactions, whether offline or online, and irrespective of technology and data structure;
Amendment 82 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘mobile device’ means a device that enables digital euro users to securely authorise digital euro payment transactions online or offline including in particularbut not limited to smart phones, tablets, smart watches and wearables of all kind, as well as cards and USB sticks containing a local storage device.
Amendment 83 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
31 a. ‘local storage device’ means a mobile device in which authorisation and settlement of offline digital euro payment transactions takes place.
Amendment 102 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
For the purpose of points (a) and (b), and upon prior approvalermission by the digital euro users, payment service providers shall link each digital euro payment account to a single non-digital euro payment account designated by the digital euro users. Digital euro users shall be allowed to have that designated non-digital euro payment account with a different payment service provider than the one where a given digital euro payment account is held.
Amendment 117 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The European Central Bank may require payment service providers to provide all information necessary for the application of this Article, in accordance with existing data protection rules in line with the purposes of the processing of personal data, and to verify compliance with it. Any information requested shall be sent by payment service providers within the time limit set by the European Central Bank. The European Central Bank may require that such information is certified by an independent auditor.
Amendment 119 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Payment service providers may only distribute the digital euro to natural and legal persons residing or established in a Member State whose currency is not the euro if the European Central Bank and the national central bank of that Member State have signed an arrangement to that effect. Under such arrangement, natural and legal persons residing or established in that Member State wishing to become digital euro users shall receive the same conditions and opportunities for the use of the digital euro as digital euro users in Member States whose currency is the euro.
Amendment 129 #
2023/0212(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3 a. The settlement infrastructure shall be developed in compliance with to the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and with appropriate safeguards.
Amendment 132 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The European Central Bank may facilitate the fraud detection and prevention tasks that payment service providers shall perform under Directive 2015/2366 by establishing a general fraud detection and prevention mechanism for online digital euro transactions to ensure the smooth and efficient functioning of the digital euro, while at the same time provide the appropriate safeguards necessary to make the processing compliant with the principle of proportionality. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.
Amendment 134 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5.V. The Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that European Central Bank or the support service shall not be able to directly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism. When implementing these technical and organisational measures, the payment service providers should take into account principles of data protection by design and by default and storage limitation, as defined in Regulation (EU) 2016/679.
Amendment 141 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task in the public interest, in accordance with Article 6(1)(e) of Regulation 2016/679, where they process personal data for the following purposes:
Amendment 156 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. The Commission is empowered to adopt delegated acts in accordance with Article 38 to clarify the purposes of processing personal data by the payment service providers in paragraph 1 (a) and (c) of this Article, in order to come to a complete and closed list of purposes for processing personal data in this paragraph.
Amendment 158 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex III, in order to come to a complete and closed list of personal data to be processed for the stated purpose.
Amendment 160 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly identify individual digital euro users. In particular, such measures should ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. More broadly, when implementing these technical and organisational measures, payment service providers shall take into account principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 170 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The European Central Bank and the national central banks perform a task in the public interest or exercise official authority, in accordance with Article 6(1)(e) of Regulation 2016/679, where they process personal data for the following purposes:
Amendment 174 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex IV, in order to come to a complete and closed list of personal data to be processed for the stated purpose.
Amendment 182 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. Where the European Central Bank decides not to confer tasks referred to in Articles 27 and 32 upon providers of support services, the European Central Bank may process the types of personal data referred to in Annex 5V subject to the requirements referred to in paragraph 4 of this Article.
Amendment 185 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, in accordance with Article 6(1)(e) of Regulation 2016/679, where they process personal data for the following purposes:
Amendment 188 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex V, in order to come to a complete and closed list of personal data to be processed for the stated purpose.
Amendment 202 #
2023/0212(COD)
2. Transaction data shall not be retainprocessed by payment service providers or by the European cCentral bBanks and the national central banks.
Amendment 209 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
(c a) the objective of preserving the right to the protection of personal data and privacy in carrying out payments.
Amendment 211 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 2
Article 37 – paragraph 6 – subparagraph 2
For the purposes of point (a), the Commission may request AMLA to adopt an opinionshall consult AMLA, which shall assessing the level of money laundering and terrorist financing threats associated with the offline digital euro and its vulnerabilities. The Commission may also consult the European Data Protection Board. For the purposes of point (d), the Commission shall consult the European Data Protection Supervisor, in accordance with Regulation (EU) 2018/1725.
Amendment 215 #
2023/0212(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 11, 334, 345 and 356 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 216 #
2023/0212(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The power to adopt the delegated acts referred to in Articles 11, 334, 345 and 356 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 219 #
2023/0212(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. A delegated act adopted pursuant to Articles 11, 334, 345 and 356 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 272 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘mobile device’ means a payment terminal or a device that enables digital euro users to securely authorise digital euro payment transactions online or offline including in particular but not limited to smart phones, tablets, smart watches and wearables of all kind, as well as cards and USB sticks containing a local storage device.
Amendment 285 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The digital euro shall be governed by the provisions of this Regulation, supplemented by the delegated acts that the Commission is empowered to adopt pursuant to Articles 11, 33, 34, 35 and 38, and by the implementing acts that the Commission is empowered to adopt pursuant to Article 37. When drafting delegated and implementing acts pursuant to Articles mentioned in this paragraph, the Commission shall fully implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 287 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Within the framework of this Regulation, the digital euro shall also be governed by the detailed mdesign feastures, rules and standards that may be adopted by the European Central Bank pursuant to its own competences. Where these detailed mdesign feastures, rules and standards have an impact on the protection of individuals’ rights and freedom with regard to the processing of personal data, the European Central Bank shall consult the European Data Protection Supervisor prior to their adoption. Such detailed measures, rules and standards shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and shall implement privacy-enhancing technologies, where technically possible.
Amendment 316 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
The European Central Bank may, with the aim to safeguard the objectives of its monetary policy, restrict the access to and use in time of the digital euro for the digital euro users referred to in points (b) and (c) subject to the conditions laid down in Article 16 (2). Those timeframes shall be determined in relation to the residence or visiting status of the digital euro users.
Amendment 465 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The European Central Bank may require payment service providers to provide all information necessary for the application of this Article and to verify compliance with it. Where this information concerns personal data, the European Central Bank shall require only the data that is strictly necessary for the purposes of the processing, and with full implementation of the principle of data minimisation. Any information requested shall be sent by payment service providers within the time limit set by the European Central Bank. The European Central Bank may require that such information is certified by an independent auditor.
Amendment 496 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Payment service providers may only distribute the digital euro to natural and legal persons residing or established in a Member State whose currency is not the euro if the European Central Bank and the national central bank of that Member State have signed an arrangement to that effect. Under such arrangement, natural and legal persons residing or established in that Member State wishing to become digital euro users shall receive the same conditions and opportunities for the use of the digital euro as digital euro users in Member States whose currency is the euro, without prejudice to European Central Bank’s prerogative to safeguard the objectives of its monetary policy.
Amendment 504 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The agrerrangement referred to in paragraph 1shall specify the necessary implementing measures and procedures, and the cases under which the agrerrangement may be restricted, suspended, or terminated.
Amendment 508 #
2023/0212(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The agreement between the Union and the third country shall specify the necessary implementing measures and procedures, and the cases under which the agreement may be restricted, suspended, or terminated, in particular where the third country has been identified as a third country with significant strategic deficiencies in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 23 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country with compliance weaknesses in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 24 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country posing a specific and serious threat to the Union’s financial system as referred to in Article 25 of Regulation [insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. That agreement shall be complemented by an arrangement between the European Central Bank and the national central bank and, where appropriate, the national competent authority of the third country.
Amendment 572 #
2023/0212(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The settlement infrastructure shall be developed in compliance with the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable Digital Euro user.
Amendment 580 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The European Central Bank may facilitate the fraud detection and prevention tasks that payment service providers shall perform under Directive 2015/2366 by establishing a general fraud detection and prevention mechanism for online dDigital eEuro transactions to ensure the smooth and efficient functioning of the dDigital euroEuro, while at the same time provide necessary safeguards to make the processing compliant with the principles of necessity and proportionality and in respect of appropriate storage limitation. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.
Amendment 583 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The European Central Bank shall consult the European Data Protection Supervisor and the Anti-Money Laundering Authority prior to developing the details on the operational elements of the fraud detection and prevention mechanism.
Amendment 587 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5V. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the support service shall not be able to directly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism. When implementing these technical and organisational measures, payment service providers and the European Central Bank shall take into account the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, ensuring that the processing of personal data is carried out in such a manner that the personal data can no longer be attributed to an individual digital euro user without the use of additional information.
Amendment 594 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task in the public interest where theyshall process personal data only for the following purposes:
Amendment 606 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly identify individual digital euro usersDigital Euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual Digital Euro user without the use of additional information. When implementing these technical and organisational measures, payment service providers shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 614 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Personal data processed for tasks referred to in paragraph 1 shall be supported by appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures. This shall include the clear segregation of personal data to ensure that the European Central Bank and the national central banks cannot directly and indirectly identify individual digital euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. When implementing these technical and organisational measures, the ECB and national central banks shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 619 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 8
Article 35 – paragraph 8
8. For purpose of supporting the task of payment service providers to enforce the holding limits in accordance to Article 16(1) and ensuring the emergency switching upon the request of the user in accordance with Article 31(2), the ECB may alone or jointly with national central banks establish a single access point of digital euro user identifiers and the related digital euro holding limits as referred to in point (4) of Annex 4. The European Central Bank shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the identity of individual digital euro users cannot be inferred from the information accessed via the single access point by entities other than payment service providers whose customer or potential customer is the digital euro user. When implementing these technical and organisational measures, the European Central Bank shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 622 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, where they process personal data forshall solely process personal data where they perform a task in the public interest, in accordance with Article 6(1)(e) of Regulation 2016/679, limited to the following purposes:
Amendment 625 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures are implemented to ensure that the providers of support services cannot directly identify individual digital euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. When implementing these technical and organisational measures, payment service providers shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 634 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Transaction data, as generated by a payment transaction within the processing limits laid down in Annex III, IV and V, shall not be retainprocessed by payment service providers, providers of support services or by the European central bBanks and the national central banks.
Amendment 641 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The Commission is empowered to adopt implementingdelegated acts setting offline digital euro payment transaction limits and holding limits. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 398.
Amendment 646 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Transaction and holding limits shall take into account the need to prevent money laundering and terrorist financing while not unduly restricting the use of the offline digital euro as a means of payment. The Commission, when drawing up the implementingdelegated acts referred to in paragraph 5, shall take into account in particular the following:
Amendment 648 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c
Article 37 – paragraph 6 – subparagraph 1 – point c
(c) the objective of ensuring the usability and acceptance of the digital euro as a legal tender instrument.;
Amendment 649 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
(ca) the objective of introducing a payment instrument similar to cash and in relation to that preserving the right to the protection of personal data and privacy.
Amendment 9 #
2022/2084(DEC)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the progress made in 2021 in developing the integrated case management system (SIGA), and the possibilities this offers for greater optimisation and automation of the various stages in the processing of cases.
Amendment 10 #
2022/2084(DEC)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Welcomes the use of emerging technologies and artificial intelligence (AI), but highlights the fact that this must always be done under the supervision of a human operator.
Amendment 18 #
2022/2051(INL)
Draft opinion
Recital C
Recital C
C. whereas the Conference puts forward proposals and measures impacting agriculture and rural areas towards more climate and environmental sustainability as well as high animal welfare standards;
Amendment 24 #
2022/2051(INL)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. Whereas the Conference brought forward proposals to improve the protection of animals, including through high and common animal welfare norms;
Amendment 90 #
2022/2051(INL)
Draft opinion
Paragraph 2 – indent 1 – paragraph 1 – point e d (new)
Paragraph 2 – indent 1 – paragraph 1 – point e d (new)
(e d) To ensure high animal welfare standards;
Amendment 108 #
2022/2051(INL)
Draft opinion
Paragraph 2 – indent 1 – paragraph 2 a (new)
Paragraph 2 – indent 1 – paragraph 2 a (new)
Proposes that Article 13 be amended as follows: In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions, customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage', taking into consideration changing public sentiments and evolving scientific knowledge'.
Amendment 61 #
2022/0432(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 81 #
2022/0432(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is normally not possible to sufficiently assess the endocrine disrupting properties for human health and the environment and the persistent, bioaccumulative and mobile properties of a mixture or of a multi-constituent substance on the basis of data on that mixture or substance. The data for the individual substances of the mixture or for the individual constituents of the multi- constituent substance should therefore normally be used as the basis for hazard identification of those multi-constituent substances or mixtures. However, in certain cases, data on those multi- constituent substances themselves may also be relevant. This is the case in particular where that data demonstrates endocrine disrupting properties for human health and the environment, as well as persistent, bioaccumulative and mobile properties, or where it supports data on the individual constituents. Therefore, it is appropriate that data on multi-constituent substances are used in those casixtures.
Amendment 138 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1272/2008
Article 2 – paragraph 7a
Article 2 – paragraph 7a
Amendment 145 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 186 #
2022/0432(COD)
In Article 5, the following paragraph 3a is added: 'Paragraph 3 shall not apply to UVCB substances of biological origin.'
Amendment 187 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) 1272/2008
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
In Article 5, the following paragraph 3a is added: 'Paragraph 3 shall not apply to UVCB substances of biological origin.'
Amendment 188 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) 1272/2008
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
In Article 5, the following paragraph 3a is added: 'Paragraph 3 shall not apply to UVCB substances of biological origin.'
Amendment 49 #
2022/0398(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The effective application of Union restrictive measures calls for common criminal definitions of conduct infringing Union restrictive measures. Member States should ensure that this conduct constitutes a criminal offence when committed with intent as well as with seriougross negligence, in case the natural or legal person knew or should have known, that their conduct would infringe Union restrictive measures.
Amendment 59 #
2022/0398(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Legal professionals, as defined by the Member States, should be subject to this Directive, including the obligation to report the violation of Union restrictive measures, when providing services in the context of professional activities, such as legal, financial and trade services. Experience shows that there is a clear risk of the services of those legal professionals being misused for the purpose of violating Union restrictive measures. There should, however, be exemptions from any obligation to report information which is obtained in strict connection with judicial, administrative or arbitral proceedings, whether before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client. Therefore, legal advice in those circumstances should remain subject to the obligation of professional secrecy, except where the legal professional is taking part in the violation of Union restrictive measures, or the legal advice is provided for the purposes of violating Union restrictive measures, or the legal professional knows that the client is seeking legal advice for the purposes of violating Union restrictive measures. Knowledge can be inferred from objective factual circumstances.
Amendment 138 #
2022/0398(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The conduct referred to in paragraph 2, points (a) to (g) shall constitute a criminal offence also if committed with seriougross negligence.
Amendment 142 #
2022/0398(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
(5) Nothing in paragraph 2 shall be understood as imposing an obligation on legal professionals to report information which is obtained in strict connection with judicial, administrative or arbitral proceedings, whether before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client. Legal advice in those circumstances shall be protected by professional secrecy, except where the legal professional is taking part in the violation of Union restrictive measures, or the legal advice is provided for the purposes of violating Union restrictive measures, or the legal professional knows that the client is seeking legal advice for the purposes of violating Union restrictive measures.
Amendment 164 #
2022/0398(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (h)(iii), (iv) and (v), are punishable by a maximum penalty of at least one year of imprisonment when they involve funds or economic resources of a value of at least EUR 1 000 000. Member States shall ensure that the threshold of EUR 1 000 000 or more may also be met through a series of linked offences referred to in Article 3(2), points (h)(iii), (iv) and (v), when committed by the same offender.
Amendment 169 #
2022/0398(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), are punishable by a maximum penalty of at least five years of imprisonment when they involve funds or economic resources of a value of at least EUR 1 000 000. Member States shall ensure that the threshold of EUR 1 000 000 or more may also be met through a series of linked offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), by the same offender.
Amendment 172 #
2022/0398(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional penalties. Those additional penalties shall include fines. The maximum fines shall amount to at least EUR 10 000 000 where those offences involve funds or economic resources of a value of at least EUR 1 000 000
Amendment 39 #
2022/0288(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) To avoid risks of diversion while limiting the administrative burden, it is necessary to investigate suspicious situations in which Member States should request confirmation of receipt by the authorities of the third country of destination. If that confirmation of receipt cannot be obtained for any reason, that information should be recorded in the electronic licensing system for future reference.
Amendment 45 #
2022/0288(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The overall enforcement of this Regulation will be facilitated by the interconnection between the electronic licensing system established by this Regulation and the EU Single Window Environment for Customs established by [insert corresponding title and all the information in the footnote as soon as it is adopted]. The electronic licencing system will provide for a number of features, including registration of economic operators and natural persons, who are authorised according to the Firearms Directive to manufacture, acquire, possess or trade firearms, their essential components, ammunition or alarm and signal weapons. They will need to register in the electronic licencing system before they request import or export authorisations. Consequently, firearms owners benefitting from administrative simplifications will not be required to register in the system. Where national systems with the same or similar functionalities already exist, an interconnection between them and the electronic licencing system can be established, so that all granted import and export authorisations are available in one central database.
Amendment 46 #
2022/0288(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to set out the technical characteristics of semi-finished firearms and essential components, to amend Annex II and III to this Regulation and to maintain the list of firearms, their essential components , ammunition and alarm and signal weapons for which an authorisation is required under this Regulation, and to specify the conditions for the import and export of goods regulated by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, in respect of aligning Annex I to this Regulation to Annex I to Council Regulation (EEC) No 2658/8743 and to Annex I to Directive (EU) 2021/555 and of setting out the technical characteristics of semi-finished firearms and essential components and of adapting Annex II and III to this Regulation to the digitalisation and changes in customs procedures and the laying down of the conditions for the import and export of firearms, their essential components and ammunition should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making44 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). 44 OJ L 123, 12.5.2016, p. 1.
Amendment 52 #
2022/0288(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – paragraph 2 – point а a (new)
Article 2 – paragraph 1 – point 1 – paragraph 2 – point а a (new)
(aa) ‘personal data’ means personal data as defined in Article 4(1) of Regulation (EU) 2016/679.
Amendment 80 #
2022/0288(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With respect to single authorisations for simplified procedures still valid pursuant to Article 345 (4) of Implementing Regulation (EU) 2015/2447 paragraph 1, points (a) and (b) of this Article shall not apply to firearms, their essential components and ammunition listed in Annex I to this Regulation subject to the conditions set out in Article 6 of this Regulation.
Amendment 113 #
2022/0288(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. In case of diverging national practices, the Commission shall adopt implementing acts establishing an open list of non-convertible alarm and signal weapons. Those implementing acts shall be adopted in accordance with the committee procedure referred to in Article 37.
Amendment 116 #
2022/0288(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition and alarm and signal weapons into the customs territory of the Union. Such import authorisation shall be established in accordance with the form set out in Annex II, part I. Such authorisation shall be granted by the competent authorities of the Member State where the importer is established and shall be issued by electronic means, through the electronic licensing system referred to in Article 28.
Amendment 122 #
2022/0288(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Competent authorities shall annul, suspend, modify or revoke an import authorisation if the conditions for granting it are not met or are no longer met. Where competent authorities take these decisions, they shall make this information available to the customs authorities through the electronic licensing system referred to in Article 28 immediately after those decisions are taken and no later than two working days thereafter.
Amendment 126 #
2022/0288(COD)
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. The Commission shall adopt an implementing act to establish an Union general import authorisation and setting out the conditions for the import of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013.Those. That implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).
Amendment 131 #
2022/0288(COD)
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. The importer shall not be required to pay a fee or charge for the application for an import authorisation, except for fees for escorting feesthe consignment.
Amendment 148 #
2022/0288(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 149 #
2022/0288(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall adopt an implementing act to establish an Union general export authorisation and setting out the conditions for the export of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013. Thoseat implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.
Amendment 152 #
2022/0288(COD)
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
8. The exporter shall not be required to pay a fee or charge for the application for an export or intra-EU transit authorisation, except for fees for escorting feesthe consignment.
Amendment 160 #
2022/0288(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where competent authorities refuse, annul, suspend, modify or revoke an export authorisation, they shall make this information available to the customs authorities through the electronic licensing system referred to in Article 28. That obligation to make information available shall be without prejudice to any appeals procedure which may be applicable under national law.
Amendment 162 #
2022/0288(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the competent authorities have suspended an export authorisation, their final assessment shall be communicated to the other Member States at the end of the period of suspension, through the electronic licensing system as referred to in Article 28., immediately after that final assessment is made and no later than two working days thereafter.
Amendment 164 #
2022/0288(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where the competent authorities have refused to grant an export authorisation, their final assessment shall be registered in the system referred to in Article 29, immediately after that final assessment is made and no later than two working days thereafter.
Amendment 168 #
2022/0288(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. The competent authority shall upload the proof of receipt referred in in paragraph 1 of this Article into the electronic licensing system referred to in Article 28. Where the competent authority does not obtain a proof of receipt from the exporter, it shall record that information in that electronic licencing system.
Amendment 169 #
2022/0288(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Where the competent authority is unable to obtain a confirmation of receipt by the importing third country as set out in paragraph 2 of this Article, it shall record that information in the electronic licencing system referred to in Article 28.
Amendment 179 #
2022/0288(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission, competent authorities and customs authorities shall cooperate closely and regularly exchange information.
Amendment 183 #
2022/0288(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where in relation to firearms, their essential components, ammunition and alarm and signal weapons listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they shall in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities without delay.
Amendment 188 #
2022/0288(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 3
Article 24 – paragraph 4 – subparagraph 3
Customs authorities may suspend the import of the goods for the customs procedure concerned, if they have certain reasonable doubts and in such a case, they shall inform immediately, through electronic means the competent national authority, which shall take the decision on the treatment of the goods. If the national competent authority does not reply to the customs authority within 10 working days, then the customs authority shall release the goods without delay.
Amendment 191 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Where customs authorities discovers an illicit shipment of firearms, their components, ammunition or alarm and signal weapons, they shall without delay and no later than two working days from that discovery inform the competent authority in the country of the customs authority thereof. That competent authority shall:
Amendment 196 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The customs authorities, which discovered the illicit shipment of firearms, their components and ammunition, shall seize the firearms, their essential components, ammunition or alarm and signal weapons until the competent authority of destination in the customs territory of the Union has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs authority in which the illegal shipment of firearms, their components, ammunition or alarm and signal weapons is detained. Where the competent authority of destination in the customs territory of the Union has taken such a decision, it shall communicate it to the customs authorities which discovered the illicit shipment, in writing no later than two working days from taking that decision.
Amendment 201 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. Seizure data shall include, ifwhere available, the following information:
Amendment 205 #
2022/0288(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point ж
Article 25 – paragraph 3 – point ж
(g) the means of transport and the nationality of the transportation company or person, including as the case may be ‘container’, ‘lorry or van’, ‘personal vehicle’, ‘bus or coach’, ‘train’, ‘commercial aviation’, ‘general aviation’ or ‘postal freight and parcels’, along with, where applicable, the registration number of the means of transport used;
Amendment 207 #
2022/0288(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall confidentially submit via email to the Commission each year by 31 July, their national annual data for the preceding year on:
Amendment 219 #
2022/0288(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission shall, by means of implementing acts, establish rules for the functioning of the electronic licensing system, including rules relating to processing of personal data and exchange of data with other IT systems of Union bodies and Member State authorities competent for implementing this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37.
Amendment 224 #
2022/0288(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The processing of personal data within the electronic licencing system shall be carried out in compliance with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679, as applicable.
Amendment 227 #
2022/0288(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The processing of personal data within the electronic licencing system shall be carried out in compliance with Regulation (EU) 2018/1725 or Regulation (EU) 2016/679, as applicable.
Amendment 229 #
2022/0288(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point б
Article 31 – paragraph 1 – point б
(b) establish that the import and export control measures are being properly applied, which may, in particular, include the power to enter the premises of persons with an interest in an export transaction, without prejudice to Member State laws requiring a court order to exercise such power.
Amendment 231 #
2022/0288(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1 – introductory part
Article 34 – paragraph 2 – subparagraph 1 – introductory part
By six months after the entry into force of this Regulation at the latest, each Member State shall inform the other Member States and the Commission of
Amendment 232 #
2022/0288(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1 – point а
Article 34 – paragraph 2 – subparagraph 1 – point а
(aа) the national authority in every Member State responsible ofor the integral control of firearms and the coordination of the different authorities with competences in the fight against firearms trafficking (national firearms focal points);
Amendment 233 #
2022/0288(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 2
Article 34 – paragraph 2 – subparagraph 2
Based on that information, the Commission shall publish and update on its website a list of those authorities on a yearly basis,as and when changes occur.
Amendment 237 #
2022/0288(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point а a (new)
Article 35 – paragraph 1 – point а a (new)
(aa) set out the conditions for the import of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013;
Amendment 240 #
2022/0288(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point б a (new)
Article 35 – paragraph 1 – point б a (new)
(ba) and set out the conditions for the export of firearms, their essential components and ammunitions by authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) 952/2013.
Amendment 52 #
2022/0167(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Other crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes, including serious crimes with a cross-border nature. Such crimes should be included in the scope of the Directive to the extent to which they are committed within the framework of a criminal organisation. The counterfeiting and piracy of products is linked to money laundering and the forgery of documents, and threatens the functioning of the single market and fair competition. The illicit trafficking in cultural goods, including antiques and works of art, is often intertwined with money laundering and constitutes an important source of financing for organised criminal groups. The same applies to the illegal trade and trafficking of endangered animal and plant species, including their body parts or products derived from them. Forgery of administrative documents and trafficking therein, including bank documents or identification documents, is a key enabling tool for money laundering, trafficking in human beings, or migrant smuggling, and should as such be covered in the scope of this Directive. Other crimes which are often carried out within the framework of an organised crime group include murder or grievous bodily harm, as well as the illicit trade in human organs and tissue, which are a source of revenue for organised crime groups in the context of contract killings, intimidation and trafficking in human beings. Similarly kidnapping, illegal restraint or hostage taking, as well as racketeering and extortion, are utilized either as source of revenue through the collection of ransom money or as intimidation tactics against adversaries. The crime of organised or armed robbery is one of the most common forms to generate profits for organised criminal groups, and it is often committed in conjunction with other crimes, in particular the trafficking in firearms. Similarly, the trafficking in stolen vehicles cannot only generate profits but also represents an enabling crime to provide for the necessary instrumentalities to carry out further offences. In addition, it is key to include tax crimes to the extent it is committed as part of a criminal organisation in the scope of the Directive, as this specific crime is an enabling source of profits, especially when operating in a cross-border context. Typical techniques employed to commit tax fraud or evasion consist of making use of cross-border corporate structures or similar arrangements to fraudulently obtain tax benefits and refunds, hide assets or profits, merge legal with illicit profits and assets or to transfer them to other entities abroad to disguise their origins or (beneficial) ownership.
Amendment 53 #
2022/0167(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to capture property which might be transformed and transferred in order to conceal its origin, and in order to ensure harmonisation and clarity of definitions across the Union, property that can be subject to freezing and confiscation should be defined broadly. It should cover legal documents or instruments, in any form, including electronic or digital, evidencing title or interest in property subject to freezing and confiscation including, for example, financial instruments, or documents that may give rise to creditor claims and are normally found in the possession of the person affected by the relevant procedures, as well as trusts. This Directive is without prejudice to the existing national procedures for keeping legal documents or instruments evidencing title or interest in property, as they are applied by the competent national authorities or public bodies in accordance with national law. The definition should cover all forms of property, including crypto assets.
Amendment 61 #
2022/0167(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality, confiscating property without a prior conviction should be limited to cases of serious crimes. The right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected.
Amendment 66 #
2022/0167(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To ensure that property that is or may become subject to a freezing or confiscation order maintains its economic value Member States should put in place effective management measures. Such, unless the urgency of a case would require foregoing such measures. Those measures should include a systematic assessment of how to best preserve and optimise the value of property before the adoption of freezing measures, also known as pre-seizure planning. Any decision by the competent authorities to forego such assessment of the costs shall be duly justified.
Amendment 68 #
2022/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) environmental crime, including illicit trade and trafficking in endangered animal species and in endangered plant species and varietiesand plant species, including their body parts or products derived from them, as defined in in Directive 2008/99/EC of the European Parliament and of the Council50 , as well as offences related to ship pollution as defined in Directive 2005/35/EC as amended by Directive 2009/123/EC51 ; _________________ 50 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28). 51 Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements (OJ L 280, 27.10.2009, p. 52).
Amendment 69 #
2022/0167(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments, in any form, including electronic or digital, evidencing title or interest in such property;
Amendment 77 #
2022/0167(COD)
Proposal for a directive
Article 9 – paragraph 6 – point b a (new)
Article 9 – paragraph 6 – point b a (new)
(b a) or otherwise would not be in accordance with fundamental principles of national law.
Amendment 93 #
2022/0167(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Other crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes, including serious crimes with a cross-border nature. Such crimes should be included in the scope of the Directive to the extent to which they are committed within the framework of a criminal organisation. The counterfeiting and piracy of products is linked to money laundering and the forgery of documents, and threatens the functioning of the single market and fair competition. The illicit trafficking in cultural goods, including antiques and works of art, is often intertwined with money laundering and constitutes an important source of financing for organised criminal groups. The same applies to the illegal trade and trafficking of endangered animal and plant species, including their body parts or products derived from them. Forgery of administrative documents and trafficking therein, including bank documents or identification documents, is a key enabling tool for money laundering, trafficking in human beings, or migrant smuggling, and should as such be covered in the scope of this Directive. Other crimes which are often carried out within the framework of an organised crime group include murder or grievous bodily harm, as well as the illicit trade in human organs and tissue, which are a source of revenue for organised crime groups in the context of contract killings, intimidation and trafficking in human beings. Similarly kidnapping, illegal restraint or hostage taking, as well as racketeering and extortion, are utilized either as source of revenue through the collection of ransom money or as intimidation tactics against adversaries. The crime of organised or armed robbery is one of the most common forms to generate profits for organised criminal groups, and it is often committed in conjunction with other crimes, in particular the trafficking in firearms. Similarly, the trafficking in stolen vehicles cannot only generate profits but also represents an enabling crime to provide for the necessary instrumentalities to carry out further offences. In addition, it is key to include tax crimes to the extent it is committed as part of a criminal organisation in the scope of the Directive, as this specific crime is an enabling source of profits, especially when operating in a cross-border context. Typical techniques employed to commit tax fraud or evasion consist of making use of cross-border corporate structures or similar arrangements to fraudulently obtain tax benefits and refunds, hide assets or profits, merge legal with illicit profits and assets or to transfer them to other entities abroad to disguise their origins or (beneficial) ownership.
Amendment 97 #
2022/0167(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to capture property which might be transformed and transferred in order to conceal its origin, and in order to ensure harmonisation and clarity of definitions across the Union, property that can be subject to freezing and confiscation should be defined broadly. It should cover legal documents or instruments, in any form, including electronic or digital, evidencing title or interest in property subject to freezing and confiscation including, for example, financial instruments, or documents that may give rise to creditor claims and are normally found in the possession of the person affected by the relevant procedures, as well as trusts. This Directive is without prejudice to the existing national procedures for keeping legal documents or instruments evidencing title or interest in property, as they are applied by the competent national authorities or public bodies in accordance with national law. The definition should cover all forms of property, including crypto assets.
Amendment 100 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) immunity from prosecution of the suspected or accused person, as provided for under national or international law;
Amendment 102 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
Amendment 113 #
2022/0167(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality, confiscating property without a prior conviction should be limited to cases of serious crimes. The right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected.
Amendment 116 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposes, without prejudice to Article 18 of this Directive. Such property may be kept as state property for justice, law enforcement, public service or economic purposes or be transferred to the local or regional authorities where the property is located, for institutional, social or economic purposes including for assignement to organsations carrying out work of social interest.
Amendment 119 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. Where the confiscated asets originated in a third country, Member States shall return them to the third country based on a publicly available return agreement.
Amendment 121 #
2022/0167(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To ensure that property that is or may become subject to a freezing or confiscation order maintains its economic value Member States should put in place effective management measures. Such, unless the urgency of a case would require foregoing such measures. Those measures should include a systematic assessment of how to best preserve and optimise the value of property before the adoption of freezing measures, also known as pre-seizure planning. Any decision by the competent authorities to forego such assessment of the costs shall be duly justified.
Amendment 127 #
2022/0167(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that, before issuing a freezing order within the meaning of Article 11 paragraph 1, competent authorities responsible for the management of frozen and confiscated property carry out an assessment of the costs which may be incurred in the management of the property which may be frozen, for the purposes of preserving and optimizing the value of such property until its disposal, unless the urgency of a case would require foregoing such measure. Any decision by the competent authorities to forego such assessment of the costs shall be duly justified.
Amendment 137 #
2022/0167(COD)
Proposal for a directive
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
In the case of confiscation orders pursuant to Article 13, such circumstance shall include facts and circumstances on which the finding was based that the third party knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation. Such facts and circumstances may be that the transfer or acquisition was carried out free of charge or in exchange for an amount significantly lower than the market value.
Amendment 138 #
2022/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) environmental crime, including illicit trade and trafficking in endangered animal species and in endangered plant species and varietiesand plant species, including their body parts or products derived from them, as defined in in Directive 2008/99/EC of the European Parliament and of the Council50, as well as offences related to ship pollution as defined in Directive 2005/35/EC as amended by Directive 2009/123/EC51; _________________ 50 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28). 51 Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements (OJ L 280, 27.10.2009, p. 52).
Amendment 161 #
2022/0167(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments, in any form, including electronic or digital, evidencing title or interest in such property;
Amendment 222 #
2022/0167(COD)
Proposal for a directive
Article 9 – paragraph 6 – point b a (new)
Article 9 – paragraph 6 – point b a (new)
(ba) or otherwise would not be in accordance with fundamental principles of national law.
Amendment 255 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) immunity from prosecution of the suspected or accused person, as provided for under national or international law;
Amendment 258 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
Amendment 274 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposes, without prejudice to Article 18 of this Directive. Such property may be kept as state property for justice, law enforcement, public service or economic purposes or be transferred to the local or regional authorities where the property is located, for institutional, social or economic purposes including for assignment to organisations carrying out work of social interest.
Amendment 278 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Where the confiscated assets originated in a third country, Member States shall return them to the third country based on a publicly available return agreement.
Amendment 288 #
2022/0167(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that, before issuing a freezing order within the meaning of Article 11 paragraph 1, competent authorities responsible for the management of frozen and confiscated property carry out an assessment of the costs which may be incurred in the management of the property which may be frozen, for the purposes of preserving and optimizing the value of such property until its disposal, unless the urgency of a case would require foregoing such measure. Any decision by the competent authorities to forego such assessment of the costs shall be duly justified.
Amendment 305 #
2022/0167(COD)
In the case of confiscation orders pursuant to Article 13, such circumstance shall include facts and circumstances on which the finding was based that the third party knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation. Such facts and circumstances may be that the transfer or acquisition was carried out free of charge or in exchange for an amount significantly lower than the market value.
Amendment 52 #
2022/0132(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union's common visa policy has been an integral part of the establishment of an area without internal borders. Visa policy should remain an essential element in helping counter security risks and the risk of irregular migration to the Union, while facilitating tourism and business. The common visa policy should contribute to generating growth and be consistent with other Union policies, such as those concerning external relations, trade, education, culture and tourism. In March 2018, the Commission communication on visa policy addressed the concept of “e-visas” and announced a feasibility study on digital visa procedures and the intention to assess options and promote pilot projects to prepare the ground for future proposals. When revising the EU Visa Code in 2019, the European Parliament and the Council explicitly stated the aim of developing a common solution in the future to allow Schengen visa applications to be lodged online, thereby making full use of recent legal and technological developments43 and at the same time guaranteeing a higher level of security. _________________ 43 Recital 20 in Regulation (EU) 2019/1155 .
Amendment 55 #
2022/0132(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The COVID-19 pandemic, which led to the slowing down of Schengen visa operations worldwide partly due to the difficulty of receiving visa applicants in consulates and Visa Application Centres, prompted Member States to call upon the Commission to speed up work on the digitalisation of a range of administrative services, including visa procedures.
Amendment 61 #
2022/0132(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The EU online application platform should provide the applicant with up-to- date and easily accessible information on Schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information, in all the official EU languages, regarding the requirements and procedures, such as, but not limited to, whether a visa is required and what type of visa; the amount of the visa fee; the Member State competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. The EU application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent Member State by electronic means, should additional documents or an interview be required.
Amendment 63 #
2022/0132(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Visa applicants should be able to submit their application, provide data required in the application form, provide a scannedn electronic copy of the travel document, and provide supporting documents and travel medical insurance in digital format through the EU application platform. In order to enable applicants to save information relating to their application, the online application platform should be able to store data temporarily. Once the applicant has submitted the online application and the Member States perform the appropriate checks, the application file will be transferred to the national system of the competent Member State and stored there. Consulates would consult the information stored at a national level and push only the required data to the central VIS.
Amendment 64 #
2022/0132(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Appearing in person at the consulate or external service provider should, in principle, be mandatory only for first time applicants and applicants who have acquired a new travel document, which needs to be verified, and for the collection of biometric identifiersdata.
Amendment 67 #
2022/0132(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Special provisions which should apply in individual cases because of humanitarian reasons could also cover digital accessibility issues issues relating to persons facing digital accessibility difficulties, including persons with limited digital literacy, the elderly and persons with disabilities.
Amendment 69 #
2022/0132(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A third party authorised by the visa applicant or empowered by law to represent them should be able to lodge an application on their behalf, provided that the necessary data in relation to this person’s identity isare included in the application form. It should be possible for travellers to authorise commercial intermediaries to create and submit an application on their behalf.
Amendment 72 #
2022/0132(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Each applicant should submit a completed application form using the EU application platform, including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant should also state that they have understood the conditions for entry referred to in Regulation (EU) 2016/399 of the European Parliament and of the Council49, and that they could be requested to provide the relevant supporting documents at each entry. Application forms for minors should be submitted and electronically signedby their legal guardian or by a person exercising permanent or temporary parental authority or legal guardianship. _________________ 49 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 74 #
2022/0132(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) ]The payment of the visa fee should be made by using a third-party gateway linked to the EU online application platform and the payments would be directly transferred to an approved official account in the appropriate Member State. The data required for securing the electronic payment should not form part of data stored in VIS.
Amendment 77 #
2022/0132(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The system should notify the applicant if information is missing and the system should provide the applicant with the possibility of correcting the application within a specified time limit. The EU application platform should indicate to the applicant of the admissibility of his/her application via an automated admissibility pre-check. The pre-check should ensure that the information provided fulfils the admissibility requirements for the requested visa.
Amendment 80 #
2022/0132(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Where the competent consulate or the central authorities of the competent Member State finds that it is responsible to examine the application, it should accept it and the data should be automatically imported into the national system from the temporary storage as established by the VIS Regulation and simultaneously deleted from the temporary storage, with the exception of contact data.
Amendment 82 #
2022/0132(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) It is up to each Member State to designate the competent body that will be responsible for processing data imported into its national system within the meaning of the preceding recital.
Amendment 87 #
2022/0132(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) External service providers should have access to the EU application platform only to retrieve and review submitted applications submitted by them; verify the data temporarily stored (for example, scan of travel document); collect and upload biometric identifiersdata; perform quality checks of the uploaded supporting documents; confirm that an application has been reviewed and thus making it available to the consulate for further processing; external service providers should not have access to data stored in VIS.
Amendment 88 #
2022/0132(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to determine the date from which operations start, including of the digital visa and the EU application platform. A Member State may, for a period of 5 years from the date of start of operations, decide not to avail itself of the online EU application platform. Nevertheless, a Member State may notify that it wishes to join the online EU application platform before the end of the transition period. During the transitional period, if the Member State processing its visa applications decided not to avail itself of the online EU application platform, visa holders will still be able to verify the digital visas using the web-service of the EU application platform.
Amendment 89 #
2022/0132(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) EU application platform should contain a functionality for applicants to verify quickly and easily the validity and authenticity of their digital visas.
Amendment 90 #
2022/0132(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. The introduction of an EU application platform and of a digital visa will fully respect the right to protection of personal data, the respect for private and family life, the rights of the child, and the protection of vulnerable persons. All safeguards on fundamental rights included in the Visa Information System Regulation will remain fully applicable in the context of the future EU Visa application platform and of the digital visa, in particular regarding to the rights of child. The platform will have to take into account requirements laid down in the Accessibility Directive56 to ensure an easy access for people with disabilities, including persons with limited digital literacy and the elderly. _________________ 56 Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies, (OJ L 327, 2.12.2016, p. 1– 15).
Amendment 91 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
10a. ‘application form’ means the uniform form set out in Annex I, either available online via the EU application platform or on paper, in all the official EU languages;
Amendment 98 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point а
Article 1 – paragraph 1 – point 6 – point а
Regulation (EC) No 810/2009
Article 9 – paragraph 1b – point а а (new)
Article 9 – paragraph 1b – point а а (new)
(aa) elderly people, persons with disabilities and persons with limited digital literacy;
Amendment 104 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point а
Article 1 – paragraph 1 – point 7 – point а
Regulation (EC) No 810/2009
Article 10 – paragraph 1
Article 10 – paragraph 1
1. When lodging an application, applicants shall, where required in accordance with Article 13, appear in person to provide their fingerprints and facial imagebiometric identifiers. Applicants shall also appear in person for the verification of their travel document in accordance with Article 12.;
Amendment 109 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point а
Article 1 – paragraph 1 – point 8 – point а
Regulation (EC) No 810/2009
Article 11 – paragraph 1 – subparagraph 3
Article 11 – paragraph 1 – subparagraph 3
The application form shall be signed. It may also be signed electronically. Persons included in the applicant’s travel document shall submit a separate application form. Minors shall submit an application form signIn the case of minors, the application form shall be signed and submitted by a person exercising permanent or temporary parental authority or their legal guardianship.;
Amendment 110 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point в
Article 1 – paragraph 1 – point 8 – point в
Regulation (EC) No 810/2009
Article 11 – paragraph 1c
Article 11 – paragraph 1c
1c. Each applicant shall submit a completed application form, in one of the official EU languages, including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant shall also state that he or she has understood the conditions for entry referred to in Article 6 of Regulation (EU) 2016/399 and that he or she may be requested to provide the relevant supporting documents at each entry.;
Amendment 113 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 810/2009
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The travel documents shall be checked for authenticity using the appropriate technology.
Amendment 114 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 810/2009
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
Where the application is submitted via the EU application platform, the consulate or the external service provider shall verify that the presented travel document, which is presented in person in accordance with paragraph 2, corresponds to the scannedelectronic copy uploaded by the applicant.
Amendment 115 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 810/2009
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Where the quality of the scannedelectronic copy referred to in paragraph 4 is unsatisfactory or where there are doubts, notably regarding authenticity, the competent consulate or the external service provider shall take a new scan and upload it, or make a new electronic copy, and upload that new copy to the EU application platform..;
Amendment 117 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 810/2009
Article 13 – paragraph 7c
Article 13 – paragraph 7c
7c. Where the biometric identifiersdata are collected by an external service provider in accordance with Article 43, the external service provider gateway referred to in Article 7e Regulation (EC) No 767/2008 shall be used for this purpose.;
Amendment 119 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 810/2009
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
For application not submitted via the EU application platform, when charged in a currency other than the euro, the amount of the visa fee charged in that currency shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up, and it shall be ensured under local Schengen cooperation that similar fees are charged irrespective of which Member State is competent for issuing the visa.;
Amendment 123 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 810/2009
Article 26a – paragraph 1
Article 26a – paragraph 1
Visas shall be issued in digital format as a record in VIS, including a unique digital visa number. ;
Amendment 125 #
2022/0132(COD)
For applications submitted via the EU application platform, information regarding decisions on refusal and the reasons on which it is based shall be notified to the applicant by secure electronic means through the secure account on the EU application platform in accordance with Article 7f(1) of Regulation (EC) No 767/2008. The notification will contain the same information as set out in Annex VI, in the language of the Member State that has taken the final decision on the application and another official language of the Union.
Amendment 129 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point а
Article 1 – paragraph 1 – point 21 – point а
Regulation (EC) No 810/2009
Article 32 – paragraph 2 – subparagraph 3a (new)
Article 32 – paragraph 2 – subparagraph 3a (new)
The appeal period shall start to run from the time at which the applicant becomes aware of the decision to refuse a visa - either by means of the secure account on the EU application platform or via receipt of the standard form described in Annex VI.
Amendment 135 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 810/2009
Article 32a – paragraph 4
Article 32a – paragraph 4
4. The visa holder shall be required to appear in person for the presentation of the new travel document in order to verify that this travel document corresponds to the scannedelectronic copy uploaded via the EU application platform, and that bearer of the travel document corresponds to the person for whom a visa was issued.
Amendment 136 #
2022/0132(COD)
7. The fact that a visa is confirmed in a new travel document shall be notified to the applicant by secure electronic means through the secure account on the EU application platform in accordance with Article 7f of Regulation (EC) No 767/2008.
Amendment 140 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point б
Article 1 – paragraph 1 – point 23 – point б
8. When a visa is extended pursuant to paragraphs 1 to 7 of this Article via the EU application platform, the extension shall be notified to the applicant by secure electronic means through the secure account on the EU application platform in accordance with Article 7f of Regulation (EC) No 767/2008.;
Amendment 141 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point а
Article 1 – paragraph 1 – point 24 – point а
Regulation (EC) No 810/2009
Article 34 – paragraph 6
Article 34 – paragraph 6
6. A decision onWhere a digital visa is issued, or a decision adopted on its annulment or revocation of a visa, these and the reasons on which ithis is based shall be issued in digital format by entering the data into the VIS, pursuant to Article 12 of Regulation (EC) No 767/2008, and notified to the applicant by secure electronic means through the secure account on the EU application platform in accordance with Article 7f of Regulation (EC) No 767/2008 or by means of the standard form set out in Annex VI f. For applications not submitted viathrough the EU application platform, this shall be done using the standard form described in Annex VI. The notification shall contain the information set out in Annex VI.;
Amendment 144 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25 – point а
Article 1 – paragraph 1 – point 25 – point а
Regulation (EC) No 810/2009
Article 37 – paragraph 2
Article 37 – paragraph 2
2. For Member States which do not issue visas in digital format, the storage and handling of visa stickers shall be subject to adequate security measures to avoid fraud or loss. Each consulate shall keep an account of its stock of visa stickers and register how each visa sticker has been used. Any significant loss of blank visa stickers shall be reported to the Commission.;
Amendment 146 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point б
Article 1 – paragraph 1 – point 28 – point б
Regulation (EC) No 810/2009
Article 43 – paragraph 5 – subparagraph 2b
Article 43 – paragraph 5 – subparagraph 2b
(b) upload biometric identifiersdata;
Amendment 148 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point в – point 1
Article 1 – paragraph 1 – point 28 – point в – point 1
Regulation (EC) No 810/2009
Article 43 – paragraph 6 – point c
Article 43 – paragraph 6 – point c
(c) collecting data (including collection of biometric identifiersdata and, in exceptional cases, supporting documents and documents needed for identity checks), transmitting them to the consulate or the central authorities where applicable, and uploading them to the EU application platform;;
Amendment 149 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point в – point 2
Article 1 – paragraph 1 – point 28 – point в – point 2
Regulation (EC) No 810/2009
Article 43 – paragraph 6 – point ca
Article 43 – paragraph 6 – point ca
(ca) verify the travel document against the electronic copy uploaded by the applicant;;
Amendment 158 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 2 – point 28
Article 7b – paragraph 2 – point 28
(28) fingerprints collected previously for the purpose of applying for a Schengen visa; date (if known); visa or digital visa number, if known;
Amendment 167 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 5 a (new)
Article 7b – paragraph 5 a (new)
5a. The potential duplication of IP addresses should not, in itself, be a premise for refusing to grant a visa.
Amendment 169 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 2
Article 7c – paragraph 2
2. Applicants shall be able to use the EU application platform to submit a scanned copy of the travel document in electronic format, as well as supporting documents and proof of travel medical insurance in digital format, as applicable, pursuant to Regulation (EC) No 810/2009 or Directive 2004/38/EC.
Amendment 170 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 4
Article 7c – paragraph 4
4. If necessary, the applicant shall be able to use the EU application platform to pay the visa fee using the secure payment tool referred to in Article 7d.
Amendment 173 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 9 – subparagraph 2
Article 7c – paragraph 9 – subparagraph 2
If according to the automated admissibility pre-check the application is not admissible, the EU application platform shall send a notification to the applicant and notify which part of the application file is missing, indicating how long the applicant has to resolve this issue.
Amendment 175 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 9 – subparagraph 3
Article 7c – paragraph 9 – subparagraph 3
The EU application platform shall be designed so as to ensure that Article 19 paragraphs (4) and (4a) of Regulation (EC) No 810/2009 can apply, in order to allow applications to be considered admissible.
Amendment 179 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7e – paragraph 1 – point a
Article 7e – paragraph 1 – point a
(aа) verify and perform quality checks on the data uploaded in the temporary storage capacity, notably the scannedelectronic copy of the travel document;
Amendment 180 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7e – paragraph 1 – point b
Article 7e – paragraph 1 – point b
(b) upload the biometric identifiersdata;
Amendment 183 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7f – paragraph 1
Article 7f – paragraph 1
1. Applicants and visa holders shall be notified of decisions taken by Member States on their applications or issued visas by secure electronic means, through the secure account on the EU application platform.
Amendment 185 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7g – paragraph 1
Article 7g – paragraph 1
1. The verification tool shall allow applicants and digital visa holders to check:
Amendment 186 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7g – paragraph 1 – point b
Article 7g – paragraph 1 – point b
(b) status and validity of their digital visa.
Amendment 214 #
2022/0132(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3
Article 10 – paragraph 3 – subparagraph 3
During this transitional period, visa holders shall be able to verify the validity and authenticity of the digital visas using the web-service of the online visa application platform, referred to in Article 7g of Regulation (EC) No 767/2008 if the Member State processing their visa application decided not to avail itself of the EU application platform.
Amendment 92 #
2021/2249(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RegDeplorets the fact that Serbia has still not aligned with EU sanctions following Russia’s invasion of Ukraine; calls on the newly elected authorities to show real commitment to EU values as soon as possible and to align with the EU’s decisions and positions in foreign and security policy, including sanctions against Russia;
Amendment 113 #
2021/2249(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets the existence of the Russian-Serbian Humanitarian Center; calls on the Serbian authorities to provide more transparency on the role and activities of the so called humanitarian center;
Amendment 141 #
2021/2249(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates its call on Serbia and EU Member States to pursue more active and effective communication about the benefits of EU enlargement; regrets the fact that the Serbian government has put stronger emphasis on its ties with China and Russia, than with the EU;
Amendment 212 #
2021/2249(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reiterates its call on the authorities to continue their efforts to eliminate the legacy of the former Communist secret services by making its files open to the public, as a step towards the democratisation of Serbia; calls on Serbia to intensify the process of succession and implementation of obligations relating to the division of the common archive of the former Yugoslavia; reiterates, in this connection, that full access to all archival materials, especially those of the former Yugoslav Secret Services (UDBA) and the Yugoslav People’s Army Secret Service (KOS) is of vital significance; reiterates its call to the authorities to facilitate access to those archives that concern the former republics of Yugoslavia and to return them to their respective governments if they so request;
Amendment 262 #
2021/2249(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Serbian authorities to step up efforts to ensure the non- discriminatory treatment of national minorities and to actively pursue investigations and convictions for hate- motivated crimes; moreover, regrets the fact that national minorities are protected only on paper; more has to be done to actively implement the anti-discrimination legislation;
Amendment 291 #
2021/2249(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is deeply concerned about the spread of disinformation about Russian aggression against Ukraine; calls on the Serbian authorities to take an active stand against the disinformation and to fight back the most circulated fake news; calls on the Serbian authorities and the Commission to bolster infrastructure to fight disinformation and other hybrid threats;
Amendment 360 #
2021/2249(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the introduction of a roaming-free zone in the entire Western Balkans as of 1 July 2021; urges the Council and the Commission to work with the Serbian authorities and the other five Western Balkan states for the introduction of roaming-free zone between the Western Balkans and the European Union;
Amendment 381 #
2021/2249(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is deeply concerned by the depopulation and brain drain of Serbia’s human capital; welcomes the Serbian Government’s initiatives to counter these trends by working with international organisations; notes with concern that additional efforts need to be invested in the socio-economic development of the border regions in order to prevent them from depopulation; reminds that to use IPA III Cross-border Co-operation Programmes could be utilised for this purpose;
Amendment 425 #
2021/2249(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Reiterates its regret over the lack of action on the pollution of the River Dragovishtitsa by mines operating in the region and the detrimental effect on the health of the local people and the environment;
Amendment 8 #
2021/2248(INI)
Motion for a resolution
Citation 18
Citation 18
— having regard to the EU-Western Balkans summit, held in Sofia, Zagreb and Brdo pri Kranju oin 6 October2018, 2020 and 2021, and its declarations,
Amendment 62 #
2021/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls the need to uphold the pace and credibility of European integration by promptly opening accession negotiations with Albania and North Macedonia as soon as possible, given that both countries have fulfilled the necessary conditions and delivered sustained results across fundamental areas; expects that negotiations with the Republic of North Macedonia will start only after the country delivers convincing guarantees on the implementation of the Good Neighbourly Relations Treaty;
Amendment 83 #
2021/2248(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Commends North Macedonia on its steady progress on the path towards EU membership, its commitment to multiculturalism and inter-ethnic harmony, and its continued positive bilateral engagement;
Amendment 89 #
2021/2248(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges North Macedonia to sustain and intensify efforts to strengthen the rule of law and judicial independence, counter corruption, the protection of human rights, reform its public administration and consolidate media freedom;
Amendment 118 #
2021/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. WelcomNotes with interest the implementation of the 2021 population census, while expecting the publication of its results soon;
Amendment 138 #
2021/2248(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls the need to strengthen independent investigative journalism, non- biased fact-checking and media literacy as means to tackle hate speech, disinformation and foreign interference campaigns;
Amendment 141 #
2021/2248(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Denounces the ongoing smear campaign against the one Bulgarian TV channel broadcasted in the country; Urges both countries to allow more TV channels, other media outlets and cultural institutions in their respective markets to foster cultural awareness and exchange, to improve people-to-people understanding;
Amendment 145 #
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, including those representing the defending the rights of the various ethinc communities in the country;;
Amendment 157 #
2021/2248(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Encourages ongoing steps to build trust in inter-community relations and the functioning of a multi-ethnic society by fully guaranteeing the rights of all ethnic communities in the country, including through appropriate constitutional and legislative amendments, while recalling the importance of upholding the rights of non-majority communities and effectively tackling all instances of discrimination;
Amendment 170 #
2021/2248(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls the Republic of North Macedonia to fully guarantee equal rights for all ethnic communities in the country, including through appropriate constitutional and legislative amendments, and ensure that no disadvantage shall result for citizens from the exercise of their right to identify themselves as belonging to any ethnic group;
Amendment 171 #
2021/2248(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Regrets the continuous lack of progress in implementing the previous European Parliament recommendations regarding discrimination against citizens openly expressing their Bulgarian identity and/ or ethnic background;
Amendment 172 #
2021/2248(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Strongly encourages the authorities and civil society to take appropriate measures for historical reconciliation in order to overcome the divide between and within different ethnic and national groups, including by listing citizens of Bulgarian identity among the others in the Constitution;
Amendment 173 #
2021/2248(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23 d. Calls on the Republic of North Macedonia to amend its Constitution to include the ethnic communities with Montenegrin, Croatian and Bulgarian identity;
Amendment 174 #
2021/2248(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
Amendment 176 #
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, strongly urges the media outlets and the authorities of the Republic of North Macedonia to deter from utilizing and publicizing hate speech against EU Member States and its closest neighbours;
Amendment 190 #
2021/2248(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes North Macedonia’s membership of the International Holocaust Remembrance Alliance; recalls the need to open up Yugoslav secret service archives, kept both in Skopje and in Belgrade, in order to vigorously address communist- era crimes across the region; takes the view that transparent handling of the totalitarian past, including the opening-up of the archives of the secret services, is a step towards further democratization, accountability and institutional strength in both the country and the Western Balkan region as a whole;
Amendment 221 #
2021/2248(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. EncouragesCalls for the finalisation of the security and intelligence sector reform; calls for the whistle-blower protection mechanism to be updated and the lobbying law to be implemented effectively;
Amendment 319 #
2021/2248(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Strongly welcomes the political impetus for a renewed dialogue between Bulgaria and North Macedonia and encourages the partners to accelerate engagement in good faith in order to reach an acceptable compromise, thereby bringing societies closer together by enabling a common future in the EUsustainable results in the implementation in good faith of the Treaty of Friendship, Good Neighbourliness and Cooperation, thereby bringing societies closer together by enabling a common future in the EU; Encourages Bulgaria and the Republic of North Macedonia to reach a compromise over a roadmap of concrete measures, which will be included in the negotiations framework, its implementation will be regularly assessed by the Commission during the negotiations process;
Amendment 328 #
2021/2248(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Strongly urges the Joint Multidisciplinary Expert Commission on Historical and Educational Issues of Bulgaria and the Republic of North Macedonia, established as a result of the Treaty of Friendship, Good Neighborliness and Cooperation, to resume its work;
Amendment 331 #
2021/2248(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Strongly urges all texts, already agreed by the Joint Multidisciplinary Expert Commission, to be published in the respective languages of Bulgaria and the Republic of North Macedonia, and in English;
Amendment 332 #
2021/2248(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
Amendment 333 #
2021/2248(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Condemns the fact that apart from few sporadic instances the two countries have failed to jointly commemorate and/or celebrate shared historical figures/dates in the past years in a consistent manner; strongly condemns the vandalistic attack against the tricolour ribbons and the wreaths laid by a Bulgarian delegation in Skopje on Gotse Delchev’s grave in the recent celebration of the 150thanniversary of the birth of the prominent revolutionary; the relations between RNM and Bulgaria should be based on deep, mutual respect and appreciation for each other, consideration and preservation of the common historical heritage;
Amendment 334 #
2021/2248(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Condemns any attempt to replace historical monuments and/or artefacts, including the destruction of authentic cultural heritage or any attempts to rewrite history; such incidents raise serious concerns, including in the context of the lack of implementation of the 2017 Treaty of Friendship, Good Neighborliness and Cooperation;
Amendment 172 #
2021/2246(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its call for greater inclusion of persons belonging to minorities, including the Roma, Ashkali and Egyptian communities, as well as persons with disabilities and displaced persons, by providing them with access to adequate healthcare and social protection; in this regard recommends that the rights of people with Bulgarian ethnicity in the Gora and Zhupa regions to be enshrined in law and ensured in practice
Amendment 177 #
2021/2246(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. In that respect notes with regret that the petition of nearly 500 people, who have historically self-identified as Bulgarian, which was registered at the Assembly of Kosovo in May 2018, has still not been considered and recommends that those rights are enshrined in law and ensured in practice;
Amendment 238 #
2021/2246(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Encourages the authorities to retrieve the relevant Yugoslav secret service archives from Serbia; takes the view that transparent handling of the totalitarian past, including the opening-up of the archives of the secret services, is a step towards further democratisation, accountability and institutional strength in both the country and the Western Balkan region as a whole;
Amendment 243 #
2021/2246(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the introduction of a roaming-free zone in the entire Western Balkans as of 1 July 2021, improving connectivity and bringing benefits to citizens and businesses in the region; urges the Council and the Commission to work with the Serbian authorities and the other five Western Balkan states for the introduction of roaming-free zone between the Western Balkans and the European Union;
Amendment 11 #
2021/2180(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the rule of law includes principles such as legality, legal certainty, the separation of powers, the prohibition of the arbitrary exercise of power on the part of the executive power, effective judicial protection by independent and impartial courts in full respect of fundamental rights, the timely enforcement of judgments including the permanent subjection of all public authorities to established laws and procedures, and equality before the law and the institutions;
Amendment 23 #
2021/2180(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points to the high amount of petitions1 in relation to the impact and challenges brought by the COVID-19 pandemic; calls on the Commission for an investigation into whether COVID-19- related measures were limited in time and whether their necessity and proportionality was justified; requests an assessment of the checks and balances during the pandemic, especially given that courts in several Member States have already ruled that certain measures were not consistent with the national constitution; underlines the need to have a clear legal regime in place before a crisiss of the states concerned; _________________ 1 Petitions Nos 1438/2020, 1469/2020, 1493/2020, 1501/2020, 0038/2021, 0046/2021, 0053/2021, 0106/2021, 0152/2021, 0186/2021 and 0533/2021.
Amendment 32 #
2021/2180(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that emergency regimes and decree-laws were urgently instated by governments in several Member States because of the COVID-19 pandemic, and that this has affected the functioning of the national justice systems and the activity of the courts; draws attention to the lack of participation and the non-involvement of national parliaments in the decision- making and the closure of parliaments during the pandemic, which has increased the power of governments and has led to a lack of accountability and transparency of the executive;
Amendment 35 #
2021/2180(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the EU institutions and the Member States to improve the effectiveness of the judicial system by implementing and developing the digitalisation process;
Amendment 41 #
2021/2180(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
— having regard to European Court of Auditors Special Report 01/2022: EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist,
Amendment 43 #
2021/2180(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
— having regard to its resolution of 20 October 2021 entitled ‘Europe’s Media in the Digital Decade: an Action Plan to Support Recovery and Transformation,
Amendment 44 #
2021/2180(INI)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
— having regard to European Court of Auditors Special Report 09/2021: Disinformation affecting the EU: tackled but not tamed,
Amendment 50 #
2021/2180(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the common values enshrined in Article 2 TEU 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 (Article 2 TEU values) – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union;
Amendment 52 #
2021/2180(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemns all national and regional governments on EU territory that refuse to follow judgments that have entered into force; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with5; _________________ 5 Petition No 0858/2017.
Amendment 55 #
2021/2180(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Invites the Commission to take measures to strengthen corruption prevention6, including in the upper echelons of power, in order to create more transparency in administration and improve access to information about lobbying ands well as oversight of political party financing; _________________ 6 Petitions Nos 0822/2020 and 0194/2020.
Amendment 64 #
2021/2180(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the annual rule of law review cycle is a welcomen addition to the tools available to preserve the Article 2 TEU values by addressing the situation in all EU Member States in a report based on four pillars with a direct bearing on respect for the rule of law;
Amendment 72 #
2021/2180(INI)
Motion for a resolution
Recital C
Recital C
C. whereas without effective follow- up, the rule of law report may fail to prevent, detect and effectively address systemic challenges and backsliding on the rule of law, as witnessed in several EU Member States in recent years;
Amendment 75 #
2021/2180(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Draws attention to the need for better regulation and more transparency regarding social networking siteplatforms9; takes note of the insufficiency of the horizontal assessment of the media sector and the lack of representation of online media in the Commission’s 2021 Rule of Law report (COM(2121)700); _________________ 9 Petitions Nos 1336/2020, 0036/2021, 0137/2021, 0691/2021 and 0719/2021.
Amendment 79 #
2021/2180(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Observes that fake news and the resulting misinformation aimed at EU citizens are a threat to our EU democracies10democracy in the EU10, especially in the COVID-19 pandemic period; notes, however, that overly extensive control of false information and the increased promotion of disinformation campaigns may lead to a violation of Article 11(1) of the EU Charter of Fundamental Rights which guarantees the right to receive and impart information and ideas without interference by public authorities and regardless of borders11; _________________ 10 Petitions Nos 1310/2019, 0268/2020, 0743/2020 and 1293/2020. 11 Petition No 1336/2020.
Amendment 85 #
2021/2180(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is necessary to strengthen and streamline existing mechanisms and to develop an effective EU mechanism on democracy, the rule of law and fundamental rights to ensure that Article 2 TEU values are upheld not only throughout the Union but also by candidate countries;
Amendment 91 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU needs to continue supporting journalism in the fast- changing digital environment; whereas editorially independent public service media are essential and irreplaceable in providing high-quality and impartial information services to the general public and must be protected from malign capture and strengthened as a fundamental pillar of the rule of law and the fight against disinformation;
Amendment 96 #
2021/2180(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Stresses that the findings of the Rule of Law report should be operationalised in concrete policy actions and that the report should only serve conjointly with other instruments, such as infringement procedures, the procedures enshrined in the Conditionality Regulation13, the rule of law framework and Article 7 of the Treaty on European Union; urges the Commission to use its tools, including the report on corruption in the context of the general rule of law mechanism, more effectively and in a more timely manner; asks the Commission to introduce deadlines for complying with the recommendations based on the Rule of Law report; _________________ 13 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433I , 22.12.2020, p. 1.
Amendment 99 #
2021/2180(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas quality, sustainably and transparently financed, and independent news media and professional journalism are essential for media freedom and pluralism and the rule of law, and are therefore a pillar of democracy and the best antidote to disinformation;
Amendment 103 #
2021/2180(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas journalists and media outlets continue to be targeted through intimidation, threats on social media and physical attacks; whereas the spread of disinformation polarises society and weakens our democracy;
Amendment 106 #
2021/2180(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the media, both traditional and digital, are cornerstone of democratic societies and a guarantee against abuse of power; whereas the loss of media freedom weakens our democracies;
Amendment 112 #
2021/2180(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s second annual rule of law report and hopes that making it a core element of the EU's rule of law toolbox will lead to the removal of other duplicative mechanisms for some countries; regrets the fact that the Commission did not address in full the recommendations made by Parliament in its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report; considers that these recommendations remain valid and reiterates them;
Amendment 129 #
2021/2180(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual report; expresses, however, its deep disappointment that the anti-corruption report has not yet been included in the framework of the common rule of law mechanism; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic space deserves a separate subheading in the report;
Amendment 145 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. 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 greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that including human resources, paying particular attention to the qualifications of the experts working on the reports as they must hold the necessary legal qualifications, training and professional experience in the judiciary; believes that more time should be devoted to the Commission’s country visits, including on site;
Amendment 188 #
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; calls on the European Court of Auditors to further work on their assessments of effectiveness of EU measures to support the rule of law; recalls that strengthening the rule of law is also linked to the fight against manipulative disinformation that is weakening our democratic institutions;
Amendment 205 #
2021/2180(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s intention to include country-specific recommendations in the 2022 report; calls on the Commission to accompany such recommendations with deadlines for implementation, targets and concrete actions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendations; acknowledges that online platforms have a vast disruptive impact on the media sector, stresses, in this respect, that current legislation does not entirely provide for a fair environment in the public ecosystem, such as in the fight against disinformation and algorithmic accountability; considers that the adoption of relevant legislation, notably the Digital Services Act and Digital Markets Act, was a step in the right direction, but more needs to be done in the European Media Act and through other relevant measures aimed at guarding the quality of our public information space;
Amendment 216 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that the Commission indicate next to each of its recommendations the appropriate tools for the EU institutions to use if the shortcomings are not remedied; calls on the Commission not to hesitate in using those tools, especially when there is no trust in a quick implementation of the recommendations;
Amendment 249 #
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+ 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;
Amendment 265 #
2021/2180(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, ombudspersons, equality bodies, professional associations and other stakeholders; considers that civil society organisations should be closely involved in all phases of the review cycle; highlights that thematically structured consultations would make the process more efficient and increase the amount of valuable feedback; stresses that the consultation questionnaire should allow stakeholders to report aspects beyond the scope envisaged by the Commission;
Amendment 277 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winterannual holidays; calls on the Commission to allow multilingual submisssubmissions in all official languages of the Unions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
Amendment 293 #
2021/2180(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to invite the EU Agency for Fundamental Rights (FRA) to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, bearing in mind that the right to a fair trial, freedom of expression and other fundamental rights have intrinsic links with the rule of law; calls on the European Court of Auditors to further work on their assessments of the effectiveness of EU measures to support the rule of law; recalls that strengthening the rule of law is also linked to the fight against corruption and a key condition for economic growth;
Amendment 297 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of pluralistic, high-quality media, independent journalists, fact-checkers and researchers, and a strong public service media for lively and free democratic debate;
Amendment 298 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 299 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Acknowledges that the online platforms have a vast disruptive impact on the media sector, stresses, in this respect, that current legislation does not entirely provide for a fair environment in the online ecosystem, such as in the fight against disinformation and algorithmic accountability; Considers that the adoption of relevant legislation, notably the Digital Services Act and Digital Markets Act, was a step in the right direction, but more needs to be done in the European Media Act;
Amendment 300 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. highlights the importance of the public media in Europe; calls on Member States to ensure stable, open, transparent, sustainable and adequate funding for public service media on a multi-annual basis in order to guarantee their quality and independence from governmental, political and other pressures;
Amendment 314 #
2021/2180(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to address in their upcoming Media Freedom Act a disbalance between traditional media and often unregulated media platforms; calls on the Commission to create fair conditions in the light of digital transformation of the media sector and the spread of online platforms;
Amendment 373 #
2021/2180(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in ongoing Article 7(1) TEU procedures; urges the Council to ensure that hearings take place on a regular basis and also address new developments; reiterates its call on the Council to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; insists that Parliament’s role and competences be duly respected;
Amendment 2 #
2021/2161(INL)
Motion for a resolution
Citation −
Citation −
Amendment 3 #
2021/2161(INL)
Motion for a resolution
Citation −
Citation −
Amendment 4 #
2021/2161(INL)
Motion for a resolution
Citation −
Citation −
Amendment 19 #
2021/2161(INL)
Motion for a resolution
Recital P
Recital P
P. whereas the fragmentation of the relevant legal frameworks between the Union’s administration leads to significant duplication of efforts as regards establishing and maintaining internal rules as well as non-interoperable administrative practices; whereas, for Union citizens, the diversity of these rules increases the risks of misunderstanding, misinterpreting and non-compliance, while implying higher costs for people businesses and EU institutions in the form of lost time and resources; whereas the negative consequences of the current regulatory gaps are likely to worsen over time due to increased digitalisation and the growing number of EU agencies; whereas establishing a basic and general reference framework of European law on administrative procedure for the Union’s administration would create an administrative environment with uniform principles, standardised rules and implemented best practices, whereas that does not preclude the existence of sector- specific rules as it is also known at national level; whereas, moreover, laying down European law on administrative procedure is consistent with the requirement to act with due respect for the autonomy or competences of each Union institution and body, which will remain fully in place;
Amendment 27 #
2021/2161(INL)
Motion for a resolution
Recital W
Recital W
W. whereas the development of new technologies, such as artificial intelligence and automated decision making systems (ADMSs), can play an important role in the modernisation and improvement of the functioning of public administration provided that the technologies used have a high degree of reliability and of trustworthiness; whereas the possibility of recourse to such new technologies by public administration, including the Union’s administration, should, however, be limited by the principle of legality and the need to ensure the respect for citizens’ rights; whereas use of new technologies, such as AI and ADMSs may pose specific problems for the principle of good administration and right to legal review and therefore requires particular analysis with regard to elements such as transparency, accountability, compliance and non-discrimination, by addressing the risk of algorithmic bias;
Amendment 30 #
2021/2161(INL)
Motion for a resolution
Recital X
Recital X
X. whereas the risks of using artificial intelligence and machine learning, in particular in the context of the Union’s administration where a significant power gap can exist between citizens and the administration, should be acknowledged; whereas therefore the use of machine learning by the Union’s administration should be limited to the collection, organisation, structuring, conversion, combination and adaptation of data, such as optical character recognition, object recognition or speech-to-text;
Amendment 33 #
2021/2161(INL)
Motion for a resolution
Recital Z
Recital Z
Amendment 63 #
2021/2161(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point ii
Annex I – Recommendation 2 – paragraph 1 – point 2 – point ii
Amendment 72 #
2021/2161(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point i
Annex I – Recommendation 2 – paragraph 1 – point 3 – point i
Amendment 77 #
2021/2161(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point iii
Annex I – Recommendation 2 – paragraph 1 – point 3 – point iii
(iii) the right to err and the right to rectification;
Amendment 83 #
2021/2161(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point iii
Annex I – Recommendation 3 – paragraph 1 – point iii
(iii) when outsourcing, rather than having calls for proposals for monolithic mega-projects that only a few large companies are able to bid for, and that run a higher risk of being delayed and running over budget, public procurement procedures for the digitalisation of projects and processes should be subdivided into calls for proposals for smaller projects, in order to make digitalisation contracts more accessible to SMEs;
Amendment 1 #
2021/2060(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the fact that the Committee on Petitions receives a large number of petitions concerning the need to hear children in court proceedings, the need for cooperation between Member States in cross-border child-related cases, the controversial role of the German Youth Welfare Office (Jugendamt) and otherrole of the youth welfare agencies in the Member States, child custody disputes between parents from different Member States, domestic violence, and the promotion of professional and quality mediation by Member States;
Amendment 4 #
2021/2060(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that while the Member States are obliged to establish procedural rules which govern the hearing of a child in different proceedings, these provisions differ and may vary greatly between the Member States;
Amendment 5 #
2021/2060(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that courts, administrative bodies and social welfare institutions should always make the best interests of the child a primary consideration when taking any decision concerning the child; stresses that such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family and avoiding conscious or unconscious bias;
Amendment 10 #
2021/2060(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 12 #
2021/2060(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recommends the establishment of minimum standardat the Commission provide guidance to Member States on best practices for the hearings of a children in national civil proceedings in accordance with Article 24 of the Charter of Fundamental Rights;
Amendment 15 #
2021/2060(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that the authorities of the Member States must ensure that a child is given the genuineprovided the real and effective opportunity to express theirhis own views freely during proceedings and that due weight is given to the child’s viewshis views will be taken into account in accordance with theirhis age and maturity;
Amendment 21 #
2021/2060(INI)
Motion for a resolution
Recital B
Recital B
B. whereas participation in court and administrative proceedings shouldmust not cause additional trauma or stress for the child;
Amendment 24 #
2021/2060(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Member States are obliged to establish procedural rules which govern hearings of the child, so as to minimise any distress to them; whereas these provisions differ greatly between the Member States however;
Amendment 25 #
2021/2060(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the need for justice professionals, including lawyers representing children, to be given specific training on the rights of the child and child- friendly justice in line with the European judicial training strategy for 2021-2024 and under the European Judicial Training Network (EJTN), the Justice Programme, the Citizens, Equality, Rights and Values Programme, and the European Training Platform of the European e-Justice Portal;
Amendment 26 #
2021/2060(INI)
Motion for a resolution
Recital D
Recital D
D. whereas children have the right to be duly informed, in language they can understand, at every step of the court and administrative proceedings concerning them;
Amendment 32 #
2021/2060(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Points out the that greater mobility within the EU has led to an increasing number of cross-border child protection issues involving custody removal and notes that cross-border proceedings are more complex from a legal perspective and usually more time-consuming and expensive; considers that in the light of Article 81 of the Treaty on the Functioning of the European Union the Commission must play an active role in ensuring fair and consistent non- discriminatory practices in the treatment of cross-border child custody cases throughout the Union;
Amendment 35 #
2021/2060(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence shouldmust not posbe a greater threat to the child’s rights, that children involved in cross-border civil and family law disputes should enjoy the same rights and level of protection in all Member States, regardless of the nationality of their parents, and that children whose parents exercise their right to freedom of movement have the right to maintain a personal relationship and direct contact with their parents on a regular basis, unless it is contrary to the best interests of the child;
Amendment 41 #
2021/2060(INI)
Motion for a resolution
Recital K
Recital K
K. whereas children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection in all Member States, regardless of the nationality of their parents;
Amendment 41 #
2021/2060(INI)
Draft opinion
Paragraph 12
Paragraph 12
Amendment 43 #
2021/2060(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 45 #
2021/2060(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the lack of common EU rules on the recognition of judgments on parenthood, particularly in cases involving same-sex parents, may result in a loss of parental rights, may infringe the right of the child to be raised and maintain a relationship with both parents and any rights deriving from parenthood (such as maintenance or succession), and may also encourage forum shopping in the case of cross-border family disputes; whereas the future legislative proposal in this area will help to reduce the number of administrative and judicial proceedings;
Amendment 46 #
2021/2060(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Invites the Member States to consider designateing specialised chambers within family courts or cross-border pre-mediation bodioffices to deal with cross-border child- related cases; stresses that it is pivotal to properly monitor the post-judgment situation as far as contact with the parents is concerned, especially when the parties are different nationalities and/or reside in different countries;
Amendment 48 #
2021/2060(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Calls on the Member States to guarantee regularthat visitation rights for parents unless it is detrimental toor custody rights are in line with the best interests of the child, and to allow parents to use their mother tongue with their children during visits, in accordance with the national laws of the Member States concerned;
Amendment 52 #
2021/2060(INI)
Motion for a resolution
Recital T
Recital T
T. whereas cross-border family mediation has the potential to facilitate agreements between parents, where they are nationals of different countries, that serve to uphold the best interests of the child, reducing the emotional and financial burden and legal complexity inherent in judicial proceedings;
Amendment 53 #
2021/2060(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Deplores the absence of an EU or international legal framework to facilitate the recognition and enforcement of mediated agreements; highlights that this is causing uncertainty because the different subjects covered by the agreements usually fall withicalls on the Commission theo substantive scope of different EU and international instruments and are therefore subject to different rules of recognition and enforcementmit a proposal on cross-border mediation;
Amendment 60 #
2021/2060(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respected and implemented in full and the best interests of the child should always should be given priority;
Amendment 65 #
2021/2060(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to present, without undue delay, a set of common guidelines or similar non- legislative tool, which should include recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or by another trained expert, using language that the child can understand, and that no pressure is applied, including from the parents; stresses that such hearings should take place in a child-friendly setting and be appropriate for the age and maturity of the child in terms of language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected and ensuring that the competent authority gives due consideration for the child’s views and wishes in accordance with their age and maturity;
Amendment 69 #
2021/2060(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process in language that the child can understand and that the decision given by the authority should be explained to the child in a manner befitting of their age and maturity by a specially trained professional;
Amendment 76 #
2021/2060(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to provide easily accessible, understandable and child-friendly information on the rights of the child in civil, administrative and family law proceedings;
Amendment 91 #
2021/2060(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Call on the Member States to make sufficient resources available to ensure that family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice, with appropriate respect for the child’s emotional and physical integrity, and without undue delay;
Amendment 99 #
2021/2060(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions and decisions related to the recognition of parenthood of same-sex couples, as long as this does not infringe the corresponding national law;
Amendment 106 #
2021/2060(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to provide appropriate training on the new rules for central authorities, judges and other legal professionals involved in cross-border disputes, including on the hearing of the child and the possible use of mediation in such cases; emphasises that such training should provide for a sufficient level of knowledge and expertise on cross-border family proceedings;
Amendment 127 #
2021/2060(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the need to explore the use of online tools in mediation, including video conferencing, in the case of long- distance disputes or disputes affected by extraordinary circumstances, such as the COVID-19 pandemic;
Amendment 216 #
2021/2025(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its calls and insistences on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament, to cover the full scope of Article 2 TEU valuespplying equally, objectively and fairly to all Member States, while respecting the principles of subsidiarity and proportionality, as proposed by Parliament, to cover the full scope of Article 2 TEU values; Underlines that the mechanism should consolidate and supersede existing instruments to avoid duplication, in particular the Commission's annual rule of law report, the Commission's Rule of Law Framework, the Commission's annual reporting on the application of the Charter, the Council's Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM);
Amendment 393 #
2021/0420(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) In view of deploying more sustainable modes of transport through the expansion of EU's inland waterways network, the Commission should conduct a feasibility study in order to assess the construction and the inclusion of the Ruse-Razgrad-Shumen-Provadia-Devnya- Varna stretch to the corridor Rhine- Danube.
Amendment 1726 #
2021/0420(COD)
Add the following to the core and/or the comprehensive network: - Ruse - Razgrad - Shumen - Provadia - Devnya - Varna (inland waterways
Amendment 1786 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - Part 1/14
Annex 3 - Part 1/14
Add the following to the corridor Western Balkans : - Sofia - Skopje - Durres (entire section)
Amendment 1802 #
2021/0420(COD)
Proposal for a regulation
Annex 3 – part 9/14
Annex 3 – part 9/14
Add the following to the corridor Rhine - Danube: - Ruse - Razgrad - Shumen - Provadia - Devnya - Varna (inland waterways The above lines shall be included in the core and/or the comprehensive network as specified in Annex
Amendment 1815 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 12/14 and part 13/14
Annex 3 - part 12/14 and part 13/14
Add the following to the corridor Western Balkans : - Sofia - Skopje - Durres (road, rail freight and rail passengers, for the entire section ) - Port of Durres
Amendment 1820 #
2021/0420(COD)
Proposal for a regulation
Annex 4 - part 6/12
Annex 4 - part 6/12
Add the following to the extended core network: - Skopje - Durres (rail freight)
Amendment 1821 #
2021/0420(COD)
Proposal for a regulation
Annex 4 - part 7/12
Annex 4 - part 7/12
Add the following to the extended core network: - Skopje - Durres (rail passengers)
Amendment 3 #
2021/0395(COD)
Proposal for a directive
Article 3 – paragraph -1 (new)
Article 3 – paragraph -1 (new)
-1 in Article 9, the following paragraph shall be added: “3a.The issuing judicial authority shall use the decentralised IT system referred to in Article 3(1) of Regulation (EU) .../... [Digitalisation Regulation], to provide the competent authority in the executing Member State with: a) the information required to enable the requested person to appoint a lawyer in the issuing state in accordance with Article 10(5) of Directive 2013/48/EU, and to apply for legal aid in the issuing state in accordance with Article 5 of Directive 2016/1919/EU; b) the material evidence that supports the cross-border cooperation request in due time before the hearing through videoconferencing or other distance communication technology, without prejudice to the procedure laid down in paragraph 2 in Article 15.
Amendment 15 #
2021/0378(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) ESAP should provide the public with an easy centralised access to information about entities and their products that is made public in relation to financial services, capital markets and sustainability. ESAP should also provide access to information relevant to financial services and capital markets that is made public on a voluntary basis by any entity governed by the law of a Member State, where such entity chooses to make that information accessible on ESAP. The public shall be able to, at any time, distinguish the information provided on a voluntary basis from the information collected on a mandatory basis. As presented in the Digital Finance Strategy, ESAP should be established as from 2024.
Amendment 18 #
2021/0378(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) ESAP should not create any new reporting requirements in terms of content, but should build upon existing disclosure requirements stemming from EU legislation as identified in the Annex. Also, it is important to avoid double reporting so as to prevent additional administrative and financial burdens for the entities, especially SMEs.
Amendment 19 #
2021/0378(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The information to be made publicly accessible on ESAP should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. In order to ensure the efficient functioning of ESAP, the collection bodies should make the information available to ESAP in automated ways through a single application programming interface. Where possible, and subject to the decision of the relevant Member State, collection bodies designated for the purpose of collecting information that the entities are obliged to publicly disclose, should also be entrusted with collecting voluntary submissions of information. For the information to be digitally usable, entities should make such information available in a data extractable format or, where required by Union law, in a machine- readable format. Compared to data extractable formats, machine-readable formats are file formats structured so that software applications can easily identify, recognise and extract specific data, including individual statements of fact, and their internal structure. To ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities, the collection bodies should provide assistance to those entities.
Amendment 22 #
2021/0378(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Apart from the information in relation to financial services, capital markets and sustainability that has to be made public under Union law, investors, market participants, advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. Small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. Also, market participants may want to provide more information than that required by law or to make public the information required by national law but not available at Union level in order to complement the information provided to the public at the Union level. Any entity should therefore be allowed to make financial, sustainability- related and other relevant information accessible on ESAP. Entities that wish to make information accessible on ESAP should be responsible for its quality, completeness, and accuracy. Information should be submitted in good faith and reflect the true state of affairs. Pursuant to the principle of data minimisation, entities should ensure that no personal data are included, except where those data constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where such information contains personal data, the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council26 . _________________ 26 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 36 #
2021/0378(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Entities submitting information to a collection body on a voluntary basis shall act in good faith and ensure that the information is fair, accurate and is being disclosed in a clear and not misleading manner.
Amendment 37 #
2021/0378(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. Information provided to a collection body on a voluntary basis shall be presented in a manner that allows users to distinguish it from information collected on a mandatory basis.
Amendment 38 #
2021/0378(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
ESMA, on the web portal referred to in Article 7(1), point (a), shall publish a list of the collection bodies with information about the name, address, Member State of origin and the Uniform Resource Locator (URL) of each collection body.
Amendment 39 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii
Article 5 – paragraph 1 – point b – point ii
(ii) the metadata as specified pursuant to paragraph 6, point (d) is available and complete, complete and kept only for as long as the information to which it relates is stored;
Amendment 44 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Entities shall ensure the quality, completeness and accuracy of the information they submit to the collection bodies.
Amendment 46 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. The Joint Committee of the European Supervisory Authorities shall develop procedures that aim to facilitate cooperation between collection bodies and entities, in particular regulating the submission and withdrawal of voluntary information, and including, where appropriate, relevant templates. When developing such procedures the Joint Committee shall take into consideration in particular the needs of small and medium-sized enterprises.
Amendment 47 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. The search function referred to in paragraph 1, point (c), shall allow for a search on the basis of at least the following metadata:
Amendment 56 #
2021/0378(COD)
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. For the purposes of paragraph 2, second subparagraph, ESMA mayshall develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and to determine the associated fee structure.
Amendment 59 #
2021/0378(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) ensure that ESAP is accessible at least 95% of the time per monthother than during periods of necessary technical maintenance;
Amendment 63 #
2021/0378(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) the number of visitors, including unique visitors and searches;
Amendment 239 #
2021/0250(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The Member States remain the best placed to identify, assess, understand and decide how to mitigate risks of money laundering and terrorist financing, as well as how to fight money laundering and terrorism financing, affecting them directly. Therefore, each Member State should take the appropriate steps in an effort to properly identity, assess and understand its money laundering and terrorist financing risks, as well as risks of non-implementation and evasion of targeted financial sanctions and to define a coherent national strategy to put in place actions to mitigate those risks. Such national risk assessment should be updated regularly and should include a description of the institutional structure and broad procedures of the Member State's AML/CFT regime, as well as the allocated human and financial resources to the extent that this information is available.
Amendment 302 #
2021/0250(COD)
Proposal for a directive
Recital 45
Recital 45
(45) All Member States have, or should, set up operationally independent and autonomous FIUs to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing. The FIU should be the single central national unit responsible for the receipt and analysis of suspicious transaction reports, reports on cross-border physical movements of cash and on payments in cash above a certain threshold as well as other information relevant to money laundering, its predicate offences or terrorist financing submitted by obliged entities., in compliance with existing legal provisions, such as Directive (EU) 2019/1153 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA, Operational independence and autonomy of the FIU should be ensured by granting the FIU the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions as regards analysis, requests and dissemination of specific information. In all cases, the FIU should have the independent right to forward or disseminate information to competent authorities. The FIU should be provided with adequate financial, human and technical resources, in a manner that secures its autonomy and independence and enables it to exercise its mandate effectively. The FIU should be able to obtain and deploy the resources needed to carry out its functions, on an individual or routine basis, free from any undue political, government or industry influence or interference, which might compromise its operational independence.
Amendment 332 #
2021/0250(COD)
Proposal for a directive
Recital 76
Recital 76
(76) In order to facilitate and promote effective cooperation, and in particular the exchange of information, Member States should be required to communicate to the Commission and AMLA the list of their competent authorities and relevant contact details. This list should take into account existing expertise and available networks, such as the expertise gained by Member States' competent authorities and third countries through Europol, in their fight against money laundering/terrorist financing.
Amendment 362 #
2021/0250(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that currency exchange and cheque cashing offices, ands well as trust or company service providers are either licensed or registered.
Amendment 417 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Each Member State shall designate an authority or establish a mechanism to coordinate the national response to the risks referred to in paragraph 1. The identity of that authority or the description of the mechanism shall be notified to the Commission, AMLA, Europol, and other Member States.
Amendment 433 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the national risk assessment, Member States shall describe the institutional structure and broad procedures of their AML/CFT regime, including, inter alia, the FIU, tax authorities and prosecutors, level of European and international cooperation with regard to money laundering and terrorist financing, as well as the allocated human and financial resources to the extent that this information is available.
Amendment 450 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 2 – point d a (new)
Article 9 – paragraph 2 – point d a (new)
(da) statistical data referred to in Article 19 (3) of Directive (EU) 2019/1153 of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA;
Amendment 557 #
2021/0250(COD)
3. Member States shall ensure that, when taking customer due diligence measures in accordance with Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation], obliged entities have timely access to the information held in the interconnected central registers referred to in Article 10. To this end, in the event that consultation of those registers by the obliged entities is deemed to be due, they have to receive free of charge access to the registers.
Amendment 595 #
2021/0250(COD)
Proposal for a directive
Article 14 – paragraph 3 – point d a (new)
Article 14 – paragraph 3 – point d a (new)
Amendment 603 #
2021/0250(COD)
Proposal for a directive
Article 14 – paragraph 7 – introductory part
Article 14 – paragraph 7 – introductory part
7. National FIUs and competent authorities designated under Directive (EU) 2019/1153 [please insert reference - proposal for a directive amending Directive (EU) 2019/1153 with regard to the access of competent authorities to centralized bank accounts registers through a single access point] shall be granted immediate and unfiltered access to the information on payment and bank accounts and safe-deposit boxes in other Member States available through the single access point interconnecting the centralised automated mechanisms. Member States shall cooperate among themselves and with the Commission in order to implement this paragraph.
Amendment 605 #
2021/0250(COD)
Proposal for a directive
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Member States shall ensure that the staff of the national FIUs and competent authorities, entitled to access through the single access point, maintain high professional standards of confidentiality and data protection, are of high integrity and are appropriately skilled.
Amendment 607 #
2021/0250(COD)
Proposal for a directive
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7a. The European Commission shall ensure that the staff of the European competent authorities having access through the single access point is subjected to high professional standards in terms of confidentiality and data protection, and that the staff is of high integrity and possesses the appropriate skills.
Amendment 633 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
FIUs, national asset recovery authorities, and other national competent authorities involved in the framework of the fight against money laundering/terrorist financing and fight against organised crime shall be granted direct and immediate access to the information referred to in the first subparagraph.
Amendment 642 #
2021/0250(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Article 16a Access to beneficial ownership information of certain goods 1. Member States shall provide competent authorities with timely access to information which allows the identification of any natural person or the beneficial owner of a legal person owning goods whose estimated value is above EUR 1 000 000 or the equivalent in national currency and whose ownership is subject to registration under national law, in particular watercraft and aircraft. 2. Member States shall ensure that information referred to in paragraph 1 is available to competent authorities, either through registers or electronic data retrieval systems, where such registers or systems are available, or through other systems which are deemed as efficient. FIUs shall be granted direct and immediate access to the information referred to in this first subparagraph. 3. Member States shall also ensure that where the value of goods referred to in paragraph 1 is stated or estimated above EUR 5 000 000 or the equivalent in national currency, the information referring to purchase contract (including at least identification of parties involved in the transaction, means of payment, source of funds) is included and available in the register according to paragraph 1 and can be provided to competent authorities without delay, when requested by retrieval system, or other system provided by Member States under paragraph 2. 4. By [3 months after the date of transposition of this Directive], Member States shall notify the Commission the list of competent authorities that were granted access to the registers or systems referred to in paragraph 2 and the type of information available to them. Member States shall update such notification when changes to the list of competent authorities or to the extent of access to information granted occurs. The Commission shall make that information, including any change to it, available to the other Member States.
Amendment 657 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
By [1 year after the date of transposition of this Directive], AMLA shall issue guidelines addressed to FIUs on the nature, features and objectives of operational and of strategic analysis, and, in particular, on the need to further provide these analyses to the investigation and prosecution authorities fighting against money laundering, related predicate offences, terrorist financing and organised crime.
Amendment 660 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. Each FIU shall be operationally independent and autonomous, which means that it shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information in compliance with existing EU data protection rules. It shall be free from any undue political, government or industry influence or interference.
Amendment 667 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Each Member States shall ensure that its FIU is able to make arrangements or engage independently with other domestic competent authorities and EU bodies involved in the framework of combating money laundering, related predicate offences, terrorist financing and the fight against organised crime pursuant to Article 45 on the exchange of information.
Amendment 698 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part
Article 18 – paragraph 1 – point c – introductory part
(c) direct or indirect access tomay, subject to national procedural guarantees, receive from competent authorities the following law enforcement information:
Amendment 705 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c – point i
Article 18 – paragraph 1 – point c – point i
(i) any type of information or data case by case which is already held by competent authorities in the context of preventing, detecting, investigating or prosecuting criminal offences, whenever information is needed to prevent, detect and combat money laundering, related predicate offences, and terrorist financing;
Amendment 708 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c – point ii
Article 18 – paragraph 1 – point c – point ii
(ii) any type ofrelevant information or data which is held by public authorities or by private entities in the context of preventing, detecting, investigating or prosecuting criminal offences and which is available to competent authorities without the taking of coercive measures under national law.
Amendment 711 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Where there are objective grounds to believe that the provision of such information would have an adverse effect on ongoing investigations or analyses, or, in exceptional circumstances, where the disclosure would be manifestly disproportionate to the legitimate interests of a natural or legal person for which it has been requested or inappropriate, the law enforcement authority may, with appropriate justification, deny access to information to the FIU.
Amendment 786 #
2021/0250(COD)
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Following a peer review in accordance with Article 17 (7a), the AMLA may temporarily restrict access to FIU.net for a specific FIU where the peer review report concludes that the requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU are not met. , as referred to in Article 17. The decision to impose this measure is taken by the AMLA General Board in the FIU's composition by unanimity, as the affected FIU does not vote.
Amendment 913 #
2021/0250(COD)
Proposal for a directive
Article 41 – paragraph 1 – point c
Article 41 – paragraph 1 – point c
Amendment 922 #
2021/0250(COD)
Proposal for a directive
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Member States shall ensure that a decision imposing an administrative sanction or measure for breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] against which there is no appeal shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision and all administrative internal and judicial review procedures have been exhausted. The publication shall include at least information on the type and nature of the breach and the identity of the persons responsible. Member States shall not be obliged to apply this subparagraph to decisions imposing measures that are of an investigatory nature.
Amendment 903 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c a (new)
Article 46 – paragraph 2 – point c a (new)
(ca) one representative from EBA, ESMA and EIOPA without the right to vote
Amendment 196 #
2021/0239(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Countries that are not publicly identified as subject to calls for actions or increased monitoring by international standard setters might still pose a threat to the integrity of the Union’s financial system. To mitigate those risks, it should be possible for the Commission to take action by identifying, based on a clear set of criteria and with the support of AMLA, and other EU bodies involved in the framework for combating money laundering / terrorist financing third countries posing a specific and serious threat to the Union’s financial system, which may be due to either compliance weaknesses or significant strategic deficiencies of a persistent nature in their AML/CFT regime, and the relevant mitigating measures. Those third countries should be identified by the Commission. According to the level of risk posed to the Union’s financial system, the Commission should require the application of either all enhanced due diligence measures and country-specific countermeasures, as it is the case for high-risk third countries, or country-specific enhanced customer due diligence, such as in the case of third countries with compliance weaknesses.
Amendment 241 #
2021/0239(COD)
Proposal for a regulation
Recital 94
Recital 94
(94) The use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti- money laundering rules when making or receiving cash payments of EUR 10 000 or more. At the same time, differences in approaches among Member States have undermined the level playing field within the internal market to the detriment of businesses located in Member States with stricter controls. It is therefore necessary to introduce a Union-wide limit to large cash payments of EUR 10 000. Member States should be able to adopt lower thresholds and further stricter provisions. In the event of a breach of this threshold or indications that the cash is linked to criminal activity, Member States should identify the owner and recipient of the cash and provide access to this information to the financial intelligence units, and in the case of indications that cash is linked to criminal activities - to law enforcement and, in cross-border cases, to Europol.
Amendment 313 #
2021/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 – point d
Article 2 – paragraph 1 – point 31 – point d
(d) a public authority with designated responsibilities fpreventing or combating money laundering or terrorist financing;
Amendment 508 #
2021/0239(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b – point iii
Article 18 – paragraph 1 – point b – point iii
(iii) the names of the legal representatives as well as, where available, the registration number, the tax identification number and the Legal Entity Identifier. Obliged entities shall also verify that the legal entity has activities on the basis of accounting documents for the latest financial year or other relevant information;
Amendment 538 #
2021/0239(COD)
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. By way of derogation from paragraphs 1 to 4, an obliged entity may refrain from identifying and verifying the identity of the customer or beneficial owner if it has already done so in the previous six months in accordance with the requirements set out in paragraphs 1 to 4 and there is no reasonable doubt that the information previously obtained is no longer accurate.
Amendment 844 #
2021/0239(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
1. Obliged entities shall report to the FIU all suspicious transactions,ns of money laundering, predicate offences and terrorist financing including on attempted transactions.
Amendment 849 #
2021/0239(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1 – point a
Article 50 – paragraph 1 – subparagraph 1 – point a
(a) reporting to the FIU, on their own initiative, where the obliged entity knows, suspects or has reasonable grounds to suspect that funds or assets, regardless of the amount involved, are the proceeds of criminal activity or are related to terrorist financing, and by responding to requests by the FIU for additional information in such cases;
Amendment 21 #
2021/0136(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EU) No 2016/67919 applies to the processing of personal data in the implementation of this Regulation. Therefore, this Regulation should lay down specific safeguards to prevent providers of electronic identification means and electronic attestation of attributes from combining personal data from other services with the personal data relating to the services falling within the scope of this Regulation. Data protection by design and by default, as well as data minimisation, as foreseen in Regulation (EU) 2016/679, should be leading principles in the set-up of this European Digital Identity Wallet. _________________ 19 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1
Amendment 23 #
2021/0136(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure compliance within Union law or national law compliant with Union law, service providers should communicate their intent to rely on the European Digital Identity Wallets to Member States. That will allow Member States to protect users from fraud and prevent the unlawful use of identity data and electronic attestations of attributes as well as to ensure that the processing of sensitive data, like health data, can be verified by relying parties in accordance with Union law or national law. Member States should prevent the unlawful use of identity, and ensure that the relying parties only require data that is strictly necessary for the provision of the service.
Amendment 28 #
2021/0136(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The European Digital Identity Wallet should be developed in a manner that ensures a high level of security, including the encryption of content. The Wallet should also allow the user to consult the history of the transactions, export the wallet’s data, restore the access on a different device and block access to the wallet in case of a security breach, allowing for the data suspension, revocation or withdrawal, and offer the possibility to contact support services of the wallet’s issuer.
Amendment 29 #
2021/0136(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9 b) One of the objectives of the European Digital Identity Wallet should be to improve the possibilities of citizens to make their own choices about what data they share, to minimise the amount of shared data for the service they want to use and to better manage and control the shared data.
Amendment 30 #
2021/0136(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve a high level of security and trustworthiness, this Regulation establishes the requirements for European Digital Identity Wallets. The conformity of European Digital Identity Wallets with those requirements should be certified by accredited public or private sector bodies designated by Member States. Relying on a certification scheme based on the availability of commonly agreed standards with Member States should ensure a high level of trust and, interoperability and data protection. Certification should in particular rely on the relevant European cybersecurity certifications schemes established pursuant to Regulation (EU) 2019/88120 . Such certification should be without prejudice to certification as regards personal data processing pursuant to Regulation (EC) 2016/679 _________________ 20 Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act), OJ L 151, 7.6.2019, p. 15
Amendment 32 #
2021/0136(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) European Digital Identity Wallets should ensure the highest level of security for the personal data used for authentication irrespective of whether such data is stored locally or, on cloud-based solutions or on a combination of both, taking into account the different levels of risk. Using biometrics to authenticate is one of the identifications methods providing a high level of confidence, in particular when used in combination with other elements of authentication. Nevertheless, it should not be a precondition for using the European Digital Identity Wallet. Since biometrics represents a unique characteristic of a person, the use of biometrics requires organisational and security measures, commensurate to the risk that such processing may entail to the rights and freedoms of natural persons and in accordance with Regulation 2016/679. Storing information from the European Digital Identity Wallet in the cloud, including biometric data, has to be an optional feature only active after the user has given explicit consent and should be revocable at all times. Personal data used for authentication should always be encrypted, regardless of whether they are stored locally or on cloud-based solutions.
Amendment 45 #
2021/0136(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Service providers use the identity data provided by the set of person identification data available from electronic identification schemes pursuant to Regulation (EU) No 910/2014 in order to match users from another Member State with the legal identity of that user. However, despite the use of the eIDAS data set, in many cases ensuring an accurate match requires additional information about the user and specific unique identification procedures at national level. To further support the usability of electronic identification means, this Regulation should require Member States to take specific measures to ensure a correct and targeted identity match in the process of electronic identification. For the same purpose, this Regulation should also extend the mandatory minimum data set and require the use of a unique and persistent electronic identifier in conformity with Union law in those cases where it is necessary to legally identify the user upon his/her request in a unique and persistent way. Such process should be driven by the data minimisation principle.
Amendment 47 #
2021/0136(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In the European single market, citizens need to have the opportunity to exchange information about their identity across borders. However, in most cases, citizens and other residents cannot digitally exchange, across borders, information related to their identity, such as addresses, age and professional qualifications, driving licenses and other permits and payment data, securely and with a high level of data protection. This may result in the fact that they are transferring this data in a less secure and disorganised manner.
Amendment 52 #
2021/0136(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) Unless specific rules of Union law or national law require users to identify themselves for legal purposes, the use of services anonymously or under a pseudonym should be allowed and should not be restricted by Member States, for example by imposing a general obligation on service providers to limit the pseudonymous or anonymous use of their services.
Amendment 54 #
2021/0136(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The possibility for users to disclose their data in a selective way, so that the user can decide to share only the minimum amount of data really needed to make use of the service, must become one of the key features and advantages of the European Digital Identity Wallet. The European Digital Identity Wallet should, therefore, technically enable the selective disclosure of attributes to relying parties in a secure and user-friendly manner. This feature should become a basic design feature thereby reinforcing convenience and personal data protection including minimisation of processing of personal data. The European Digital Wallet should prevent the tracking of the user and respect the principle of purpose limitation, which implies a right to pseudonymity to ensure the user cannot be linked across several relying parties.
Amendment 66 #
2021/0136(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The certification as qualified trust service providers should provide legal certainty for use cases that build on electronic ledgers. This trust service for electronic ledgers and qualified electronic ledgers and the certification as qualified trust service provider for electronic ledgers should be notwithstanding the need for use cases to comply with Union law or national law in compliance with Union law. Use cases that involve the processing of personal data must comply with Regulation (EU) 2016/679. Use cases that involve crypto assets should be compatible with all applicable financial rules for example with the Markets in Financial Instruments Directive23 , the Payment Services Directive24 and the future Markets in Crypto Assets Regulation25 , Funds Transfer Regulation25a. _________________ 23 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU Text with EEA relevance, OJ L 173, 12.6.2014, p. 349– 496. 24 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC, OJ L 337, 23.12.2015, p. 35– 127. 25 Proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto-assets, and amending Directive (EU) 2019/1937, COM/2020/593 final. 25a Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on information accompanying transfers of funds and certain crypto-assets (recast) (Text with EEA relevance) 2021/0241(COD).
Amendment 82 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) No 910/2014
Article 3 – point 42
Article 3 – point 42
(42) ‘European Digital Identity Wallet’ is a product and service that allows the user to store identityand manage identity data, confirmations of consent to share personal data, credentials and attributes linked to her/his identity, to provide them to relying parties on request and to use them for authentication, online and offline, for a service in accordance with Article 6a; and to create qualified electronic signatures and seals;
Amendment 103 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 910/2014
Article 5
Article 5
Processing and protection of personal data, and pseudonyms in electronic transaction
Amendment 106 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 910/2014
Article 5
Article 5
Processing of personal data shall be carried out by implementing the principles of data minimisation, purpose limitation, and data protection by design and by default, in accordance with Regulation (EU)2016/679;
Amendment 110 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 910/2014
Article 5
Article 5
Without prejudice to the legal effect given to pseudonyms under national law, the use of pseudonyms in electronic transactions shall not be prohibited.;or their anonymous use shall be permitted without restrictions.
Amendment 120 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 4 (a) – point 2
Article 6a – paragraph 4 (a) – point 2
(2) for relying parties to request and validate person identification data and electronic attestations of attributes and to be uniquely identified and limited to only request information based on their intended use of the European Digital Identity Wallet in accordance with Article 6b(1);
Amendment 131 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 4 (b)
Article 6a – paragraph 4 (b)
(b) ensure that trust service providers of qualified and non-qualified attestations of attributes cannot receive any information about the use of these attributes;
Amendment 133 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 4(b a) new
Article 6a – paragraph 4(b a) new
(b a) enable the user to transfer and restore the European Digital Identity Wallet's data, and to block the access to it in case of a security breach, allowing for the data suspension, revocation or withdrawal.
Amendment 141 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 4 (e a) new
Article 6a – paragraph 4 (e a) new
(e a) enable the user to access and request a copy, in a readable format, of the list of actions, transactions or uses of electronic attestations of attributes or person identification data, that have been authorized by the user.
Amendment 149 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 7
Article 6a – paragraph 7
7. The user shall be in full control of the European Digital Identity Wallet and the data it stores. The issuer of the European Digital Identity Wallet shall not collect information about the use of the wallet which are not necessary for the provision of the wallet services, nor shall it combine person identification data and any other personal data stored or relating to the use of t, as well as related third-party services or Member States, shall not have any technical possibility to collect information about the use of the wallet by the user. Moreover, providers of electronic attestation of attributes shall not have any possibility to track, link, correlate or otherwise obtain knowledge of transactions or user behaviour. The European Digital Identity Wallet with personal data from any oshall always provide ther uservices offered by this issuer or from an easily accessible possibility to withdraw their consent or to request the removal of theird-party services which are not necessary for the provis personal data, in line with Regulation (EU) 2016/679. Should such action lead to the cessation of the wallet services, unless the user shas expressly requested itll receive a warning beforehand. Personal data relating to the provision of European Digital Identity Wallets shall be kept physically and logically separate from any other data held. If the European Digital Identity Wallet is provided by private parties in accordance to paragraph 1 (b) and (c), the provisions of article 45f paragraph 4 shall apply mutatis mutandis. The issuer of the European Digital Identity Wallet shall be regarded as the controller according to Regulation (EU) 2016/679 when it comes to the processing of personal data.
Amendment 182 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 910/2014
Article 11a – paragraph 2
Article 11a – paragraph 2
2. Member States shall, for the purposes of this Regulation, include in the minimum set of person identification data referred to in Article 12.4.(d), a unique and persistent identifier in conformity with Union and national law, to identify the user upon their request in those cross- border cases where identification of the user is required by law.
Amendment 183 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 910/2014
Article 11a – Paragraph 3
Article 11a – Paragraph 3
3. Within 6 months of the entering into force of this Regulation, the Commission shall further specify the measures referred to in paragraph 1 and 2 by means of an implementing act on the implementation of the European Digital Identity Wallets as referred to in Article 6a(10) delegated act.
Amendment 213 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b
Article 1 – paragraph 1 – point 22 – point b
Regulation (EU) No 910/2014
Article 20 – paragraph 2
Article 20 – paragraph 2
Where personal data protection rules appear to have been breached, the supervisory body shall inform the supervisory authorities under Regulation (EU) 2016/679 and the issuer of the European Digital identity Wallet of the results of its audits., without undue delay;
Amendment 62 #
2021/0114(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the proven negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects.
Amendment 66 #
2021/0114(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Furthermore, where necessary to restore competition in the internal market immediately and to prevent irreparable harm, the Commission should have the power to adopt temporary interim measures.
Amendment 67 #
2021/0114(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In all cases where, as a result of the preliminary review, the Commission has sufficient indications of the existence of a foreign subsidy distorting the internal market, the Commission should have the power to launch an in-depth investigation to gather additional relevant information to assess the foreign subsidy, and to. It should inform the undertaking and Member States concerned about this fact and allow the interested parties to exercise their rights of defence.
Amendment 73 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission cshould require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 86 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point ii
Article 2 – paragraph 2 – point a – point ii
(ii) the foregoing of revenue that is otherwise due; or
Amendment 88 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point ii a (new)
Article 2 – paragraph 2 – point a – point ii a (new)
(ii a) inadequately remunerated special or exclusive rights; or
Amendment 96 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the level and evolution of economic activity of the undertaking concerned on the internal market;
Amendment 102 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the proven negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity.
Amendment 104 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the proven negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments.
Amendment 109 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Commitments or redressive measures shall fully and effectively remedy the distortion actually or potentially caused by the foreign subsidy in the internal market.
Amendment 110 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may inter alia consist of the following:
Amendment 111 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) The Commission may impose reporting and transparency requirements and follow-up on them.
Amendment 112 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall accept such repayment as commitment ifonly where it can ascertain that the repayment is transparent and effective, effective and adequately remedies the actual distortion caused, while taking into account the risk of circumvention.
Amendment 115 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative examine information from any source, including Member States and undertakings or their professional associations, regarding alleged distortive foreign subsidies.
Amendment 118 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) inform the undertaking and Member States concerned; and
Amendment 120 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where the Commission, after a preliminary assessment, concludes that there are no sufficient grounds to initiate the in-depth investigation, either because there is no foreign subsidy or because there are no indications of an actual or potential distortion on the internal market, it shall close the preliminary review and inform the undertaking and Member States concerned.
Amendment 122 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The Commission may take temporary interim measures, where:
Amendment 128 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to enter any premises , land land means of transport of the undertaking concerned;
Amendment 130 #
2021/0114(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission may conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and has agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy.
Amendment 132 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
(1) The Commission may impose by decision fines and periodic penalty payments where an undertaking concerned or an association of undertakings concerned, intentionally or negligently:
Amendment 137 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
(5) Where an undertaking or association of undertakings concerned does not comply with a decision with commitments pursuant to Article 9(3), a decision ordering interim measures pursuant to Article 10 or a decision imposing redressive measures pursuant to Article 9(2), the Commission may impose by decision:
Amendment 146 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
(4) If the undertakings concerned fail to meet their obligation to notify, the Commission mayshall review a notifiable concentration in accordance with this Regulation by requesting the notification of that concentration. In that case the Commission shall not be bound by the time limits referred to in Article 23(1) and (4).
Amendment 148 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated total value of that public procurement is equal or greater than EUR 250 million.
Amendment 152 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
(1) A financial contribution notified in the context of a concentration under Article 19 may be relevant and assessed again under this Regulation in relation to another economic activity.
Amendment 153 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
(2) A financial contribution notified in the context of a public procurement procedure under Article 28 may be relevant and assessed again under this Regulation in relation to another economic activity.
Amendment 6 #
2020/2260(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 13 TFEU that states that when formulating and implementing the Union's policies, in particular concerning its internal market, full regard should be paid to the welfare requirements of animals, since animals are sentient beings,
Amendment 64 #
2020/2260(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations1a, __________________ 1a OJ L 3, 5.1.2005, p. 1–44
Amendment 66 #
2020/2260(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing1a, __________________ 1a OJ L 303, 18.11.2009, p. 1–30
Amendment 74 #
2020/2260(INI)
Motion for a resolution
Citation 10 f (new)
Citation 10 f (new)
- having regard to Directive 2010/63 EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes1a, __________________ 1a OJ L 276, 20.10.2010, p. 33–79
Amendment 96 #
2020/2260(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to its resolution of 11 February 2015 on country of origin labelling for meat in processed food1a, __________________ 1a OJ C 310, 25.8.2016, p. 15–18
Amendment 139 #
2020/2260(INI)
Motion for a resolution
Citation 35 f (new)
Citation 35 f (new)
- having regard to the European Commission’s Fitness Check Roadmap and revision of the existing animal welfare legislation, including on animal transport and the slaughter of animals, to assess their effectiveness, relevance and consistency and to ensure a higher level of animal welfare in the EU,
Amendment 143 #
2020/2260(INI)
Motion for a resolution
Citation 35 k (new)
Citation 35 k (new)
- having regard to DG (SANTE) audits 2020-6935, 2019-6679, 2018-6459, 2018-6457 and 2016-8860 evaluating the control system in place governing the production of food of animal origin, including horse meat, intended for export to the European Union,
Amendment 263 #
2020/2260(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas animals are recognised under Article 13 TFEU as sentient beings and full regard must be paid to animal welfare requirements in EU policymaking as they deserve due consideration and respect, especially because the welfare of animals kept for food production is a key issue of concern for EU citizens; whereas significant developments in animal welfare science have taken place since the existing EU farm animal welfare legislation was adopted and it is thus vital to revise and augment the existing body of animal welfare legislation to bring it into line with the latest scientific advancements and to respond to societal demands for improvement of the welfare of animals and the elimination of outdated livestock housing systems and other production practices that negatively impact their welfare;
Amendment 980 #
Amendment 981 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the Commission’s commitment to evaluate and revise the existing body of animal welfare legislation and underlines the importance of taking into account the latest advancements in animal welfare science and responding to public, political and market demands for higher animal welfare standards; expresses concern that the revision of this animal welfare legislation is only scheduled for the fourth quarter of 2023, urges the Commission to deliver concrete proposals to revise existing animal welfare legislation already by 2022 and also report annually to Parliament on its actions concerning the protection of animals during slaughter and transport;
Amendment 990 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Deeply regrets the lack of action to regulate clones and their descendants and reiterates that natural or artificial breeding or breeding procedures which cause, or are likely to cause, suffering or injury to any of the animals concerned must not be practised and that it is necessary to ensure that food from cloned animals and their descendants does not enter the food chain; calls on the Commission to present a new legal proposal without undue delay to avoid the import of cloned animals and their descendants and of products obtained from cloned animals and their descendants, from third countries into the EU, and to set up enforcement and traceability measures in this regard;
Amendment 991 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Calls on the Commission to implement and enforce relevant EU legislation, in particular Council Directive 1/2005/EC of 22 December 2004 on the protection of animals during transport, and regrets the current incompliance with the ruling of the Court of Justice of the European Communities in Luxembourg that animal welfare protection does not stop at the EU's external borders and that animal transporters departing from the European Union must therefore also comply with European animal welfare rules when leaving the EU; and calls on the Commission and the Member States to establish a ban on the transport of animals to countries outside of the EU in case the welfare of these animals is not guaranteed;
Amendment 992 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Emphasises that the transport of live animals does not only pose severe risks to the welfare and health of the animals transported, but also to public health due to the possible spread of diseases, and underlines in this regard the importance of reducing, refining and replacing live transport and to make sure that the revision of the Council Directive 1/2005/EC of 22 December 2004 on the protection of animals during transport contains comprehensive species- and category-specific requirements, especially regarding the maximum duration of a transport, and a more strict and transparent monitoring and reporting system to ensure that systematic violations will be effectively identified and prevented, and that this revision is in full alignment with the objectives of the farm to fork strategy;
Amendment 996 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 l (new)
Paragraph 4 l (new)
4l. Repeats its call on the Commission and the Member States to tackle the problem of stable fires by promoting best practices and by introducing fire safety requirements, including preventive measures and sprinkler installations, and measures which guarantee that animals can escape from their stables in the event of fire;
Amendment 997 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 m (new)
Paragraph 4 m (new)
4m. Emphasises that animals should experience as little distress and stress as possible when transported and slaughtered and therefore welcomes the revision of existing animal welfare legislation on animal transport and the slaughter of animals; suggests in this regard to establish mandatory camera surveillance in slaughterhouses in the EU and to encourage Member States to ensure that trucks and vessels used to transport animals are equipped with a GPS tracking system;
Amendment 1817 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18g. Underlines the need to establish method-of-production labels on animal products and products derived from animals, containing the date and place of birth, rearing and slaughter of the animal of concern as well as other relevant information such as the housing systems in which it was kept, in order to increase transparency, help consumers to make a better choice and contribute to the welfare of animals;
Amendment 2292 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Notes with concern that several audits carried out by DG Sante as well as detailed NGO investigations state that full traceability of live horses from Argentina destined to the European Union market is not ensured, involving food safety risks, and that animal welfare is compromised; calls on the Commission to suspend the import of horse meat from countries where applicable EU requirements relating to traceability and animal welfare are not complied with;
Amendment 1 #
2020/2143(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the change in the structure of this year’s Management report of the Court of Justice, which presents the information in a clearer and more comprehensible manner;
Amendment 3 #
2020/2143(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that the two courts comprising the Court of Justice of the European Union closed a combined total of 1739 cases in 2019, which represents a high level of productivity in spite of a slight reduction over 2018 (1 769 cases); notes furthermore that there was a record total number of cases brought before the two courts – 1 905 as against 1 683 in 2018 – and that in this context, and in order to ease congestion in the Court of Justice,nection welcomes the introduction from 1 May 2020 of the mechanism for prior determination as to whether appeals should be allowed to proceed came into force on 1 May 2019, which should ease congestion in the European Court of Justice;
Amendment 6 #
2020/2143(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned nonetheless atNotes the some 7 % increase in the number of cases pending over 2018 (2 500 cases pending on 31 December 2019 as against 2 334 the previous year);
Amendment 9 #
2020/2143(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Points up the positive turn that has been taken by the Judicial Network of the EU (RJUE) and congratulates the Court of Justice for fostering transparency by making procedural and doctrinal documents from the RJUE platform freely accessible on its website in 2019, as recommended by the Committee on Legal Affairs1 ; assesses positively the progress made in the digital field, including in the form of the new ‘Judicial Documentation’ tool, which facilitates access to relevant documentation and information for the handling of certain cases brought before the Court; _________________ 1 Opinion of the Committee on Legal Affairs for the Committee on Budgetary Control on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section IV – Court of Justice (2019/2058(DEC)), paragraph 12.
Amendment 13 #
2020/2143(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the fact that the proportion of women in managerial posts – 39 % in 2019 compared with 37.5% in 2019 –8 - has continued to increase, and encourages the Court of Justice to continue the process by actively promoting gender parity in the appointment of judges, while continuing to place the emphasis on candidates' skills.
Amendment 10 #
2020/2072(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at envisaging measures to preventing and addressing any threat to the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk arises in a Member State and Article 7 TEU should be triggered;
Amendment 39 #
2020/2072(INL)
3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and include training on skills and non-legal issues so that judges are better prepared to resist undue pressure; in this regard, calls on the Commission to develop common judicial training standards and promote institutional cooperation on judicial training in the EU;
Amendment 46 #
2020/2072(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of promoting knowledge of EU law and the national legal systems, enhancing understanding, trust and cooperation between judges and prosecutors within the Member States as well as strengthening public trust in judicial professionals;
Amendment 52 #
2020/2072(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction between the principles of subsidiarity and primacy of Union law; emphasises that improving the skills and knowledge of European judges and prosecutors when it comes to identifying and responding to the challenges they face when applying the principle of the rule of law will help to ensure the uniform application of appropriate mechanisms to prevent its infringement;
Amendment 57 #
2020/2072(INL)
Motion for a resolution
Recital А
Recital А
А. 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 subscribare committed;
Amendment 60 #
2020/2072(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Points to the complementarity that should exist between the EU Justice Scoreboard, which allows for an overview comparison between Member States, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State; calls for the objective use and consideration of EU Justice Scoreboard data, without any discrimination against certain countries in the conclusions of the Annual Monitoring Report.
Amendment 67 #
2020/2072(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decadeast years hasve seen brazen attacks againstthreats to Union values in several Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particular; whereas Parliament has been calling since 2016 for a comprehensive, preventive and objective evidence-based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 91 #
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 serious and 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;
Amendment 100 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve all stakeholders active in the implementation, 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, etc.;
Amendment 114 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justicedemocracy and respect for the rule of law in Europe and the world;
Amendment 120 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 140 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that the Union remains structurally ill-equipped to tackle threats to democraticy and the 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 disjointedineffective nature of the Union’s toolkit in that field;
Amendment 169 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that the Annual Monitoring Cycle must contain concrete country- specific recommendations, with timelines and targets for implementation,; to be followed up in subsequent annual or urgent reportshese measures should include, where necessary, enhanced cooperation between the relevant Member State and the European Commission; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures;
Amendment 190 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the indispensable role played by civil society, 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 national human rights institutions and the 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 231 #
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, and impartial, evidence-based andshould be based on clear and objective evidence, rather than on external influences, especially political influence, and should be 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, 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 239 #
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 Union values including recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a spirit ofn independent, objective, transparencyt and openness manner.
Amendment 245 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 8
Annex I – paragraph 4 – point 8
(8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to using the findings of the annual monitoring reports 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 in the context of Article 7 TEU. Similarly, the three institutions commit to using the findings of the annual monitoring 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 of the European Parliament and of the Council3 . The three institutions agree that the annual monitoring reports should more generally guide their actions with respect to Union values. _________________ 3 [instead of xxxx insert number of 2018/136(COD) in the text and the footnote and correct OJ reference in footnote] Regulation (EU) .../... 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 States OJ C ..., ....., p. ....
Amendment 260 #
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 consultationconsultation with all stakeholders, including Member State representatives, 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, objective and based on a clear and rigorous methodology agreed by the Working Group. 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 265 #
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, to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevantstakeholders’ contributions to the consultation on its website prior to the publication of the Annual Report.
Amendment 267 #
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 official 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 and the Group of States against Corruption, and other well- established international organisations that produce relevant studies. In case of a significant discrepancy between the assessments of two international organisations operating in an area within the scope of the mechanism, the European Commission shall conduct its own, independent assessment of the situation.
Amendment 278 #
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 285 #
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 official information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in 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 and duration of the situation in question.
Amendment 288 #
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 the Member States with the aim of strengthening Union values. The recommendations shall specify concrete, objective targets and timeframes for their implementation. The recommendations shall take account of the diversity and specific characteristics of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriatThese measures should include, where necessary, enhanced cooperation between the Member State and the European Commission by means of technical assistance from the European Commission’s Structural Reform Support Service.
Amendment 292 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 10 a (new)
Annex I – part 2 – point 10 a (new)
10а. The principles of necessity, proportionality and non-discrimination must be applied when determining the measures to be implemented, taking into account, in particular, the seriousness of the situation, the time that has elapsed since the behaviour began, its duration and recurrence, and the intent and level of cooperation of the Member State concerned in remedying the deficiencies in the implementation of the rule of law and the other principles enshrined in the mechanism.
Amendment 295 #
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 endeavour to promote a timely debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 298 #
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 Member State(s) concerned, 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. The Commission may, at any time, including upon request by the Member State concerned, 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 307 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – subheading 1
Annex I – part 2 – point 14 – subheading 1
Amendment 308 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
Amendment 317 #
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 serious 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 may consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of serious systemic deficiencies identified in the Annual Report.
Amendment 319 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 18 – introductory part
Annex I – part 3 – point 18 – introductory part
18. The Annual Monitoring Cycle established by this Agreement shall replace the mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption established by Commission Decision 2006/928/EC and the mechanism for cooperation and verification of progress in Bulgaria to address specific benchmarks in the areas of judicial reform and the fight against corruption and organised crime established by Commission Decision 2006/929/EC and shall fulfil, inter alia, the objectives pursued by those Decisions. The Commission therefore undertakes to repeal those Decisions at an appropriate timeimmediately.
Amendment 323 #
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.
Amendment 11 #
2020/2016(INI)
Draft opinion
Recital А a (new)
Recital А a (new)
Aa. whereas artificial intelligence has the potential to become a permanent part of criminal law systems;
Amendment 37 #
2020/2016(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Aa. Emphasises the importance of artificial intelligence being used with due respect for the principles of the rule of law and the independence of the judiciary in the decision-making process;
Amendment 44 #
2020/2016(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of being able to access AI-produced or AI-assisted outputs for notification procedures and the role of AI and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance, transparency and accountability, impartiality, accountability, fairness and intellectual integrity in respect of the use of AI in the field of criminal law;
Amendment 71 #
2020/2016(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it necessary to clarify whether it is expedient for law enforcement decisions canto be partly delegatabled to AI and stresses the need to develop codes of conduct for the design, with human control still being maintained over the adoption of final judgements; stresses the need to develop specific codes for ethical behaviour in the development and use of AI to help law enforcers and judicial authorities; refers to the ongoing work in the Committee on Legal Affairs.;
Amendment 14 #
2020/2014(INL)
Motion for a resolution
Recital B
Recital B
B. whereas any future-orientated civil liability legal framework has to strike a balance between efficiently protecting potential victims of harm or damage and, at the same time, providing enough leeway to make the development of new technologies, products or services possibleit possible for enterprises, and particularly small and medium-sized enterprises, to develop new technologies, products or services; whereas this will help build confidence and create stability for investment; whereas ultimately, the goal of any liability framework should be to provide legal certainty for all parties, whether it be the producer, the deployer, the affected person or any other third party;
Amendment 29 #
2020/2014(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the lack of clear provisions on risk limitation may create legal uncertainty for enterprises offering AI-systems on the EU market and pose a danger to the persons using them;
Amendment 48 #
2020/2014(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly believes that in order to efficiently exploit the advantages and prevent potential misuses, uniform, principle-based and future-proof legislation across the EU for all AI-systems is crucial; is of the opinion that, while sector specific regulations for the broad range of possible applications are preferable, a horizontal legal framework based on common principles seems necessary to establish equal standards across the Union and effectively protect our European values and citizens’ rights;
Amendment 60 #
2020/2014(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity, connectivity, opacity, vulnerability and autonomy of AI-systems nevertheless represent a significant challenge; considers that specific adjustments, not only to the current legal framework, are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation;
Amendment 66 #
2020/2014(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that all physical or virtual activities, devices or processes that are driven by AI-systems may technically be the direct or indirect cause of harm or damage, yet are always the result of someone building, deploying or interfering with the systems; is of the opinion that the opacity, connectivity and autonomy of AI-systems could make it in practice very difficult or even impossible to trace back specific harmful actions of the AI-systems to specific human input or to decisions in the design; recalls that, in accordance with widely- accepted liability concepts, it is necessary to take into account the complexity of value chains; considers that one is nevertheless able to circumvent this obstacle by making the persons who create, maintain or control the risk associated with the AI-system, accountable;
Amendment 103 #
2020/2014(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises that the type of AI- system the deployer is exercising control over is a determining factor; notes that an AI-system that entails a high risk potentially endangers the general public to a much higher degree; considers that, based on the legal challenges that AI-systems pose to the existing civil liability regimes, it seems reasonable to set up a common strict liability regime for those high-risk AI-systems;
Amendment 106 #
2020/2014(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that an AI-system presents a high risk when its autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advance; considers that when determining whether an AI-system is high-risk, the sector in which significant risks can be expected to arise and the nature of the activities undertaken must also be taken into account; considers that the significance of the potential depends on the interplay between the severity of possible harm, the likelihood that the risk materializes and the manner in which the AI-system is being used;
Amendment 126 #
2020/2014(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Determines that all activities, devices or processes driven by AI-systems that cause harm or damage but are not listed in the Annex to the proposed Regulation should remain subject to fault- based liability; believes that the affected person should nevertheless benefit from a presumption of fault of the deployer and that while that presumption of fault is rebuttable, the burden of proof lies with the deployer;
Amendment 367 #
2020/2014(INL)
1. Civil liability claims, brought in accordance with Article 4(1), concerning harm to life, health or physical integrity, shall be subject to a specialn absolute limitation period of 30 years from the date on which the harm occurred.
Amendment 371 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – introductory part
Annex I – part B – Article 7 – paragraph 2 – introductory part
2. Civil liability claims, brought in accordance with Article 4(1), concerning damage to property shall be subject to a specialn absolute limitation period of:
Amendment 377 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 3
Annex I – part B – Article 7 – paragraph 3
Amendment 20 #
2020/2013(INI)
Draft opinion
paragraph 1
paragraph 1
1. SeUnderlines the great potential offered by the use and the development of artificial intelligence as an opportunity for more rapid economic development in the EUto enhance the security of our continent and citizens, as well as for more rapid economic development in the EU; Draws attention to the fact that many Member States use artificial intelligence in the military field and underlines the importance for the EU to play an important and adequate role in the future international discussions on this topics;
Amendment 30 #
2020/2013(INI)
2. Stresses that the use, creation and management of artificial intelligence must respect the fundamental rights, values and freedoms expressed in the EU Treaties, in the EU Charter of Fundamental Rights and in the idea underpinning the creation of the European Union; welcomstresses the publication of the Commission's White Paper on Aneed of safeguarding and promote the principles such as democracy, the rule of law, principle of non-discrimination, diverse and independent media etc, while developing, deploying and using artificial Iintelligence and encourages deeper research into the use of Artificial Intelligence by state authorities, robotics and related technologies: welcomes the publication of the Commission's White Paper on Artificial Intelligence, however notes that the Commission doesn’t include the use of the AI for military purposes into it; stresses that the European Union must contribute to the creation of an international legal framework for the use of AI, especially in the context of building the strategic advantage that AI can offer: in order to do this the EU needs a common framework that is dealing with all the aspects of the AI use including among others the military aspects;
Amendment 37 #
2020/2013(INI)
Draft opinion
paragraph 2 a (new)
paragraph 2 a (new)
2 a. Recalls that our allies within a national, NATO or EU framework are themselves in the process of integrating AI into their military systems. Believes that the interoperability with our allies must be preserved by means of common standards, which are essential for the conduct of operations in coalition. Apart from that, AI cooperation should beset in a European framework, which is the only relevant framework for truly generating powerful synergies, as proposed by the EU’s AI strategy;
Amendment 41 #
2020/2013(INI)
Draft opinion
paragraph 2 b (new)
paragraph 2 b (new)
2 b. Stresses the importance of taking into account all aspects of AI, including the military ones, in addressing legal and ethical issues in the European framework on AI;
Amendment 43 #
2020/2013(INI)
Draft opinion
paragraph 2 c (new)
paragraph 2 c (new)
2 c. Underlines the importance to have an action at European level in order to help fostering much needed investment, data infrastructure, research and common ethical norms; encourages deeper research into the use of Artificial Intelligence by state authorities;
Amendment 50 #
2020/2013(INI)
Draft opinion
paragraph 3
paragraph 3
3. Notes that artificial intelligence has great potential in the fight against crime, such as money laundering, terrorist financing, online terrorist content and cybercrime; considers that, in each of these cases, there must be certainty that itsthe use of AI does not lead to the unjustified deletion or blocking of legal content and thus to the censorship of or discrimination against views expressed online; notes that AI based cyber security systems can provide effective security standards and help develop better prevention and recovery strategies;
Amendment 61 #
2020/2013(INI)
Draft opinion
paragraph 4
paragraph 4
4. Stresses that all operations undertaken by artificial intelligence must always remain under human supervision and have the possibility for humans if necessary to take over the control at any moment especially in the use of the AI for military purposes; Recalls that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;
Amendment 68 #
2020/2013(INI)
Draft opinion
paragraph 4 a (new)
paragraph 4 a (new)
4 a. Recalls the importance of governance, transparency, impartiality, accountability, fairness and intellectual integrity principles in the use of AI in criminal justice;
Amendment 72 #
2020/2013(INI)
Draft opinion
paragraph 4 b (new)
paragraph 4 b (new)
4 b. Recalls that the principle of proportionality needs to be respected and that questions of causality and liability need to be clarified to determine the extent to which the State as an actor in public international law, but also in exercising its own authority, can actually transfer that authority to systems based on AI, which have a certain autonomy;
Amendment 74 #
2020/2013(INI)
Draft opinion
paragraph 4 c (new)
paragraph 4 c (new)
4 c. Urges the Member States to assess the risks related to AI-driven technologies before automating activities connected with the exercise of State authority, especially in the area of justice; calls on the Member States to consider the need to provide for safeguards such as supervision by a qualified professional and rules on professional ethics;
Amendment 9 #
2020/2012(INL)
Motion for a resolution
Recital А
Recital А
А. whereas artificial intelligence, robotics and related technologies with the potential to directly impact all aspects of our societies, including basic rights and social and economic principles and values, are being promoted and developed very quickly;
Amendment 17 #
2020/2012(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the Union and its Member States have a particular responsibility to make sure that these technologies are safe and contribute to the well-being and general interest of their citizens;
Amendment 77 #
2020/2012(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1а. Stresses the utmost importance of implementing appropriate control measures, including as regards the adaptability, accuracy and explainability of the system concerned;
Amendment 95 #
2020/2012(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Maintains that artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, regardless of the field in which they are used, should be developed in a secure, dependable and technically rigorous manner and in good faith;
Amendment 98 #
2020/2012(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3а. Highlights the need for mechanisms to ensure liability and accountability in respect of AI systems and their outcomes;
Amendment 103 #
2020/2012(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that traceability of AI systems should be ensured. In this connection, explainability is essential to ensuring that citizens trust these technologies, even if the degree of explainability is relative to the complexity of the technologies, and that it should be complemented by auditability and traceability;
Amendment 127 #
2020/2012(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that socially responsible artificial intelligence, robotics and related technologies should safeguard and promote fundamental values of our society such as democracy, the rule of law, diverse and independent media and objective and freely available information, health and economic prosperity, equality of opportunity, workers’ and social rights, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity, etc.;
Amendment 169 #
2020/2012(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that appropriate governance of the development, deployment and use of artificial intelligence, robotics and related technologies, including by having measures in place focusing on accountability and addressing potential risks of bias and discrimination, increases citizens’ safety and trust in those technologies;
Amendment 277 #
2020/2012(INL)
Motion for a resolution
Annex I – part А – point I – indent 1
Annex I – part А – point I – indent 1
- to build trust in artificial intelligence, robotics and related technologies by ensuring that these technologies will be developed, deployed and used in an ethical mannerfull compliance with the EU’s ethical principles in the field of artificial intelligence;
Amendment 304 #
2020/2012(INL)
Motion for a resolution
Annex I – part А – point III – indent 1
Annex I – part А – point III – indent 1
- hHuman-centric, human-made and human-madecontrolled artificial intelligence, robotics and related technologies;
Amendment 142 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention or attempts at influencing editorial policies is crucial;
Amendment 247 #
2020/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that political profiling, disinformation and manipulation of information may be used by political parties and private or public entities, and reiterates its concern about the fact that evidence of interference is continuously coming to light, often with indications of foreign influence, in the run-up to all major national and EU elections, with much of this interference benefiting anti-EU, extreme right-wing and populist candidates and targeting specific minorities and vulnerable groups; points out that combating interference by third parties in the future will be a fundamental factor in upholding European values and democracy;
Amendment 30 #
2019/2208(INI)
Motion for a resolution
Recital Г
Recital Г
D. whereas disaggregated and comparable data relating to the implementation of the directive is often not collected or publicly available in the different Member States;
Amendment 34 #
2019/2208(INI)
Motion for a resolution
Recital Г a (new)
Recital Г a (new)
Aa. whereas efficient returns are a key component of migration management which can have a positive impact both for the asylum system and for secondary movements;
Amendment 44 #
2019/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of an evidence-based common approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to urge and support Member States to collect and publish open-code qualitative and quantitative data on the implementation of the directive;
Amendment 46 #
2019/2208(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for a common approach to EU cooperation with third countries and a common approach to cooperation within the EU; the common approach with third countries could include, inter alia, the use of levers focusing on the implementation of incentives that link the application of those incentives to the implementation of commitments in the field of returns and readmission; the common approach within the EU could include, inter alia, support to front-line countries, cooperation between Member States in the field of the identification of illegally- staying persons and the issuance of travel documents, and in the reception of persons;
Amendment 66 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of significantly improving the effective implementation of the directive; highlights that such effectiveness should not only be measured in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rights;
Amendment 127 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies and the relevant deadlines;
Amendment 151 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; underlines the fact that facilitating the granting of residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and facilitate individuals’ social inclusion and contribution to society;
Amendment 235 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, financing, capacity and competence, a high level of independence and expertise, and transparent procedures; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, with particular attention for unaccompanied minors;
Amendment 84 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, and primarily those in the front line which, owing to their geographical location, are always the countries of first entry, in particular when influxes of migrants occur; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum;
Amendment 143 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the introduction, in accordance with international law, of fast- track Dublin procedures at the main points of irregular arrival in the EU, in European reception centres, in order to process asylum applications swiftly, assess their merits, determine the Member State responsible and, where appropriate, return asylum seekers without an unnecessarily prolonged detention period; stresses in this connection the need to make sufficient financial and human resources available to implement fast-track Dublin procedures;
Amendment 163 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the protection of fundamental rights must be at the heart of the measures taken to implement the Dublin III Regulation, including the protection of children, among them unaccompanied minors, and victims of trafficking and the most vulnerable;
Amendment 172 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7а. Considers that a balance should be maintained between the rights and the responsibilities of asylum seekers, without allowing for any privileged treatment towards EU citizens;
Amendment 209 #
2019/2206(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9а. Points out that since different rules apply to movement within the Schengen Area and outside the Schengen Area, the measures taken against secondary movements should also differ;
Amendment 240 #
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; considers that the competent national authorities should share their relevant information, above all as regards the granting and rejection of asylum applications, on a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal data;
Amendment 255 #
2019/2206(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that closer cooperation between national asylum authorities is needed, in order to share information and streamline transfers and above all to prevent abuses such as asylum shopping; proposes that EASO be given the task of drawing up enhanced governance arrangements for the application of the Dublin III Regulation, including a monthly operational dialogue between national authorities, and a platform for the exchange and sharing of information and best practices;
Amendment 266 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that some two-thirds of asylum applications are submitted by nationals of safe countries who have arrived in the EU on a visa or visa waiver; considers that these manifestly unfounded applications contribute to the overloading of asylum systems; calls on the Commission and the Member States to make asylum and visa policies more consistent, bearing in mind the specific nature of the country concerned;
Amendment 162 #
2019/2199(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has found to be the case in Bulgaria19; whereas Roma have also experienced in that Member State, ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press- releases/romani-woman-harassed-by- racist-hospital-staff-during-childbirth- wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23- 24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.; whereas in some Member States, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights;
Amendment 565 #
2018/2121(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Considers that one of the main issues allowing fraudulent behaviour in relation to VAT to occur is the ‘cash profit’ that a fraudster can make; calls, therefore, on the Commission to analyse the proposal made by experts54 , to place cross-border transactional data on a blockchain, and to use secured digital currencies that can only be used for VAT payments (single purpose) instead of using fiat currency; _________________ 54 Ainsworth, R. T., Alwohabi, M., Cheetham, M. and Tirand, C.:’ A VATCoin Solution to MTIC Fraud: Past Efforts, Present Technology, and the EU’s 2017 Proposal’, Boston University School of Law, Law and Economics Series Paper, No 18-08, 26 March 2018. See also: Ainsworth, R. T., Alwohabi, M. and Cheetham, M.: ‘VATCoin: Can a Crypto Tax Currency Prevent VAT Fraud?’, Tax Notes International, Vol 84, 14 November 2016.
Amendment 633 #
2018/2121(INI)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Stresses that CBI and RBI schemes can carry significant risks if they are not checked and monitored, including a devaluation of EU citizenship and the potential for corruption, money laundering and tax evasion; reiterates its concern that citizenship or residview that proper customer due diligence cshould be granted through these schemes without proper or indeed any customer due diligence (CDD) having been carried outcarried out for the implementation of these schemes as they may result in the granting of citizenship or the right to residence in the European Union; notes that several formal investigations into corruption and money laundering have been launched at national and EU level directly related to CBI and RBI schemes; underlines that, at the same time, guarantee should be provided of the economic sustainability and viability of the investments provided through these schemes remain uncertain;
Amendment 636 #
2018/2121(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
88. Notes that these programmes regularly involve tax privileges or special tax regimes for the beneficiaries; is concerned that these privileges could hamper the objective of making all citizens contribute fairly to the tax system;
Amendment 649 #
2018/2121(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Worries that there is very little transparency in relation to the number and origin of applicants, the numbers of individuals granted citizenship or residency by these schemes and the amount invested through these schemes in some Member States; appreciates the fact that some Member States make explicit the name and nationalities of the individuals who are granted citizenship or residency under these schemes;
Amendment 656 #
2018/2121(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Concludes that the potential economic benefits of CBI and RBI schemes do not offset the serious money laundering and tax evasion risks they present; calls on Member States to phase out all existing CBI or RBI schemes as soon as possible; stresses that, in the meantime, Member States should properly ensure that enhanced CDD on applicants for citizenship or residence through these schemes is duly carried out, as required by AMLD5; calls on the Commission to monitor rigorously and continuously the proper implementation and application of CDD within the framework of CBI and RBI schemes until they are repealed in each Member State;
Amendment 689 #
2018/2121(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Recalls that free ports are warehouses in free zones, which were – originally – intended as spaces to store merchandise in transit; deplores the facpoints out that they have since become popular foren turned over to the storage of substitute assets, including art, precious stones, antiques, gold and wine collections – often on a permanent basis;60 ; _________________ 60 EPRS study entitled ‘Money Laundering and tax evasion risks in free ports‘, October 2018, PE: 627.114; ISBN: 978-92- 846-3333-3.
Amendment 702 #
2018/2121(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Calls on the Commission to tableassess the potential impact of a legislative proposal to ensure the automatic exchange of information between the relevant authorities, including tax and customs authorities, on beneficial ownership and transactions taking place in free ports, customs warehouses or SEZs;
Amendment 756 #
2018/2121(INI)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Recalls that KYC and CDD continues uninterrupted throughout the business relationship, and that customers’ transactions have to be permanently monitored for suspicious or unusual activities; recalls, in this context, the obligation for obliged entities to promptly inform national FIUs, on their own initiative, of transactions suspected of ML, associate predicate offences or terrorist financing;
Amendment 790 #
2018/2121(INI)
Motion for a resolution
Paragraph 117
Paragraph 117
117. Is aware that the current AML legal framework has so far consisted of directives and is based on minimum harmonisation, which has led to different national supervisory and enforcement practices in the Member States; calls on the Commission to assess, in the context of a future revision of the AML legislation and in the light of the remits established in the EU Treaties, in the required impact assessment, whether a regulation would be a more appropriate legal act than a directive; calls, in this context, for a swift transformation into a regulation of the AML legislation if the impact assessment so advises;
Amendment 842 #
2018/2121(INI)
Motion for a resolution
Paragraph 127
Paragraph 127
127. Highlights that in order to fight effectively against money laundering activities, cooperation is essential not only between Member States’ FIUs but also between Member States’ FIUs and the FIUs of third countries; recalls on the European Commission to engage actively with Member States to find mechanism’s obligation under the Fifth Anti-Money Laundering Directive in respect of possibilities to improve and enhance the cooperation of Member States’ FIUs with the FIUs of third countries; calls on the Commission to take opportune action in this regard at the relevant international forums, such as the OECD and the Financial Action Task Force (FATF); considers that in any resulting agreement proper consideration should be given to the protection of personal data;
Amendment 853 #
2018/2121(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Points out that the non- standardisation of suspicious transaction report formats among Member States and with respect to the different obliged entities leads to difficulties in the processing and exchange of information between FIUs; calls on the Commission to explore mechanisms to set up standardised reporting formats containing a common minimum set of the mandatory information and data to be collected for obliged entities in order to facilitate the exchange of information between FIUs in cases with a cross-border dimension;
Amendment 869 #
2018/2121(INI)
Motion for a resolution
Paragraph 130 a (new)
Paragraph 130 a (new)
130а. Calls on the Commission, in the forthcoming review of the Anti-Money Laundering and Terrorist Financing Directive, to include on the list of obliged entities service providers in the field of transactions involving exchanges of one or more virtual currencies;
Amendment 873 #
2018/2121(INI)
Motion for a resolution
Paragraph 133
Paragraph 133
133. Notes that the Union’s AML legislation obliges Member States to establish central registers containing complete beneficial ownership data for companies and trusts, and that it also provides for their interconnection; welcomes the fact that AMLD5 obliges Member States to ensure that the information on beneficial ownership is accessible in all cases to any member of the general public; stresses that the interconnection of registers should be ensured by the Commission; considers that the Commission should closely monitor the functioning of this interconnected system and assess, within a reasonable timeframe, whether it is working properly and whether it should be supplemented by the establishment of an EU public register of beneficial ownership;
Amendment 884 #
2018/2121(INI)
Motion for a resolution
Paragraph 134
Paragraph 134
Amendment 942 #
2018/2121(INI)
Motion for a resolution
Paragraph 146 a (new)
Paragraph 146 a (new)
146a. Calls on the Commission to provide technical assistance to third countries with the aim of developing effective systems for combating money laundering and the continuous improvement thereof;
Amendment 307 #
2018/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls Parliament’s resolution with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights5 , adopted on 10 October 2016; reiterates its call on the Commission to submit, on the basis of Article 295 of the TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation between the Union institutions and the Member States in the framework of Article 7 of the TEU; underlines that the EU mechanism on democracy, the rule of law and fundamental rights as proposed by the European Parliament should incorporate the existing monitoring mechanisms, which will result in improved cohesion, just application of the tools to all Member States, improved effectiveness and annual costs savings; __________________ 5 OJ C 215, 19.6.2018, p. 162.
Amendment 1 #
2018/2092(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the study by the European Parliament Research Service on 'The Cost of Non Schengen': Civil Liberties, Justice and Home Affairs aspects' of 26 September 2016,
Amendment 3 #
2018/2092(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the 3rd, 4th, 5th, 6th, 7th and 8th annual reports by the European Commission on the functioning of the Schengen area,
Amendment 5 #
2018/2092(INI)
Motion for a resolution
Recital А
Recital А
A. whereas the completion of the Schengen evaluation process for Bulgaria and Romania and the state of preparedness of the two countries to implement all the provisions of the Schengen acquis were confirmed by the Council in its conclusions of 9 and 10 June 2011; whereas in its draft decision of 8 July 2011, the Council verified that the necessary conditions for the application of the Schengen acquis had been met in all areas, namely data protection, air borders, land borders, police cooperation, the Schengen Information System, sea borders and visas; whereas Bulgaria and Romania’s state of preparedness to apply the Schengen acquis in full has been acknowledged many times by the Commission and Parliament, - in the 3rd, 4th, 5th, 6th, 7th and 8th annual reports on the functioning of the Schengen area, and most recently in the Commission communication of 27 September 2017 and Parliament’s resolution of 30 May 2018;
Amendment 9 #
2018/2092(INI)
Motion for a resolution
Recital В a (new)
Recital В a (new)
Ca. whereas at the European Council of 1-2 March 2012 the heads of state and government emphasised that all legal conditions had been met for the decision on the accession of Bulgaria and Romania to the Schengen area to be taken, and called on the Justice and Home Affairs Council to adopt such a decision in September 2012;
Amendment 10 #
2018/2092(INI)
Motion for a resolution
Recital Г
Recital Г
D. whereas in its conclusions the Justice and Home Affairs Council confirmed on multiple occasions its commitment to base any future decision on the abolition of checks at internal borders for Bulgaria and Romania on a two-step approach; and whereas the adoption of that decision by the Justice and Home Affairs Council has been repeatedly deferred;
Amendment 15 #
2018/2092(INI)
Motion for a resolution
Recital Е a (new)
Recital Е a (new)
Fa. whereas Bulgaria and Romania police one of the most sensitive stretches of the EU's external border (measuring a combined 3264 km) аnd the 'Kapitan Andreevo' crossing point on the Bulgarian-Turkish border is the largest in the EU;
Amendment 18 #
2018/2092(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that all the necessary conditions for the full application of the Schengen acquis were met by Bulgaria and Romania in 2011; points out that this has entailed both countries fundamentally restructuring their border surveillance systems and investing significantly in increasing the capacities of their law enforcement agencies in order to meet EU requirements;
Amendment 31 #
2018/2092(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that the free movement of persons across internal borders and the incorporation of the Schengen acquis into the EU legal framework is one of the main achievements of the EU; stresses that the enlargement of the Schengen area should not be negatively impacted by shortcomings in other EU policies, such as the Common European Asylum System;
Amendment 41 #
2018/2092(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises that the Schengen acquis was not designed to accommodate Member States with different legal statuses; draws attention to the fact that the Council’s prolonged inaction has created the need for making a clear distinction in EU legislation, relating to information and border management systems, between those Member States applying the Schengen acquis in full and those applying it partially; voices its concern that this legally codifies a de facto parallel existence of a Schengen area with free movement and a Schengen area without free movement; expresses its concern also that this differentiation will hinder interconnectivity between European information systems, thus undermining rather than strengthening EU security;
Amendment 46 #
2018/2092(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that with regard to the full application of the Schengen acquis, the criteria applicable to all Member States are clearly defined in the European legislative framework; also emphasises that no additional criteria should be introduced or links to other Union mechanisms and policies made, other than the specified prerequisites laid down in the 2005 Act of Accession; calls on the Member States to take a decision on the enlargement of the Schengen area solely on the basis of fulfilment of the relevant conditions for applying the Schengen acquis following the completion of the Schengen evaluation process;
Amendment 10 #
2018/2089(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that, in the light of the dynamic technological changes in the sector, there is a need to clarify who should bear the damage in the event of accidents caused by fully autonomous vehicles, and when the level of autonomy is such that the vehicle can operate either fully autonomously or be driven by a driver it must be established beyond a shadow of a doubt who the responsible party is in each specific scenario; calls therefore on the Commission to adapt the current EU legal framework and, if necessary, introduce new rules on the basis of which responsibility and liability are allocated;
Amendment 1 #
2018/2079(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the European acquis in the area of civil justice co- operation,
Amendment 2 #
2018/2079(INL)
Motion for a resolution
Recital А
Recital А
A. whereas the right to a fair trial, as enshrined in Article 47 of the Charter and in Article 6 of the European Convention on Human Rights, constitutes one of the fundamental guarantees of the rule of law and of democracy and is an intrinsic part of civil proceedings as a whole;
Amendment 4 #
2018/2079(INL)
Motion for a resolution
Recital А a (new)
Recital А a (new)
Aa. whereas the introduction of an accelerated European civil procedure could contribute to the modernisation of national proceedings, a level playing field for businesses and increased economic growth thanks to effective and efficient judicial systems, while at the same time facilitating access to justice in the Union and helping to uphold the fundamental freedoms of the Union;
Amendment 8 #
2018/2079(INL)
Motion for a resolution
Recital D
Recital D
D. whereas many issues with regard to procedural law in the area of civil justice are regulated at the national level, thus procedural law in this area differs from one Member State to another; whereas an accelerated procedure could lead to the necessary approximation of procedural regimes in the Union;
Amendment 15 #
2018/2079(INL)
Motion for a resolution
Recital H
Recital H
H. whereas settlement of commercial matters in public courts is, in general, slow in the Unionn the Member States is, in general, slow and fails to meet the expectations of parties involved in commercial disputes, a fact that is accentuated by the introduction of the European small claims procedure, which has, by contrast, led to substantially faster settlement of consumer disputes;
Amendment 27 #
2018/2079(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that mutual trust is a complex notion and that many factors play a role in building that trust, such as judicial education and upskilling, cross- border judicial cooperation and exchange of experience and best practices between judges;
Amendment 45 #
2018/2079(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that legislative measures cannot address these issues alone, practical measures to raise the competence both of courts and of practising lawyers are also necessary;
Amendment 49 #
2018/2079(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Confirms that the recommendations annexed to this motion for a resolution respect fundamental rights, the principle of national procedural autonomy and the principles of subsidiarity and proportionality;
Amendment 52 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The main aim of the following proposal is to introduce a European Expedited Civil Procedure in order to provide European companies a possibility to reach a settlement of cross-border commercial disputes within a reasonable time frame.
Amendment 55 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 2
Annex I – part I – paragraph 2 – point 2
2. It should apply if the parties so agree and sign an agreement to that effect, either before the dispute arises or if the claimant launches a claim under the procedure and the defendant accepts it;
Amendment 58 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 3
Annex I – part I – paragraph 2 – point 3
3. It should require the parties to prepare their claims to a high degree before going to court; paired with early preclusion of the possibility to raisinge new facts or new evidence in court;
Amendment 59 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 5
Annex I – part I – paragraph 2 – point 5
5. It could in principle be a written procedure, allowing for oral hearings where at least one of the parties so request;
Amendment 60 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 6
Annex I – part I – paragraph 2 – point 6
6. It should, as a starting point, apply very short deadlines to the procedure, allowing the court, in agreement with the parties, to opt forapply longer deadlines in cases of higher complexity;
Amendment 62 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 7
Annex I – part I – paragraph 2 – point 7
7. Encourage in- and out-of-court amicable settlement of cross-border commercial disputes, including by way of mediation;
Amendment 74 #
2018/2079(INL)
Motion for a resolution
Annex I – part III – point 1 – point а
Annex I – part III – point 1 – point а
(a) training of judges and practising lawyers in commercial matters;
Amendment 75 #
2018/2079(INL)
Motion for a resolution
Annex I – part III – point 1 – point d a (new)
Annex I – part III – point 1 – point d a (new)
(da) the mastering of a foreign language and its legal terminology;
Amendment 33 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG) and on a bilateral and multilateral basis; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably through Europol’s European Counter Terrorism Centre (ECTC), EU INTCEN and facilitated by the European Counter- Terrorism Coordinator;
Amendment 128 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalisation; whereas child returnees pose specific problems as they can be both victims and potential perpetrators, possibly disguised for years or decades, at the same time;
Amendment 167 #
2018/2044(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas multiple cases of trafficking of radiological or nuclear material are annually reported to the Incident and Trafficking database of the International Atomic Energy Agency (IAEA), emphasising the latent risk emanating from such substances, particularly with regard to the severity of their potential consequences;
Amendment 348 #
2018/2044(INI)
Motion for a resolution
Recital AV a (new)
Recital AV a (new)
AV a. whereas - in the context of the Information Management strategy (IMS), 6th Action list - there are currently two on-going pilot projects which aim at ensuring interlinking with decentralised systems, namely the ADEP project (Automation of data exchange processes on police records) and project QUEST (“Querying Europol Systems”); where-as such projects help provide real and workable solutions to the problems stemming from the lack of interconnectivity of decentralised information systems and help foster trust and cooperation between the Member States;
Amendment 392 #
2018/2044(INI)
Motion for a resolution
Recital BD
Recital BD
BD. whereas efficient and systematic cooperation between the Member States and the EU agencies as well as among the agencies in the counter-terrorism field is imperative, especially cooperation between Europol and Eurojust in order to effectively detect, prevent, and investigate and prosecute the perpetrators of a terrorist attack; whereas Eurojust has appointed a specialised counter-terrorism prosecutor to make the bridge with the ECTC at Europol to increase cooperation and information exchange between the two agencies;
Amendment 400 #
2018/2044(INI)
Motion for a resolution
Recital BG
Recital BG
BG. whereas several EU instruments such as Decision 2005/671/JHA, the CT Directive and the Europol regulation require Member States to share information on terrorism with the relevant agencies; whereas increased information sharing with Europol and Eurojust on a regular basis and in a timely and systematic manner, including contextual information, facilitates their work in detecting links between cases and providing an overview of challenges and best practice related to investigations, prosecutions and convictions for terrorist offences; whereas information shared with Eurojust has increased over the past years, but differences continue to exist between the Member States in relation to the amount, type and scope of the information shared, which may result in fragmented information available1a; __________________ 1a While only 14 terrorism cases were referred to Eurojust in 2014, the number of cases dealt by Eurojust from 2014-2018 reached 263 with a total of 61 coordination meetings in 75 terrorism cases, 2 coordination centres and 14 cases with JITs supported by Eurojust
Amendment 405 #
2018/2044(INI)
Motion for a resolution
Recital BG b (new)
Recital BG b (new)
BG b. whereas CEPOL substantially contributes to CT training for law enforcement officials of the Member States and in priority third countries;
Amendment 410 #
2018/2044(INI)
Motion for a resolution
Recital BJ
Recital BJ
BJ. whereas joint investigation teams (JITs) facilitate the coordination of investigations and prosecutions in cases with a cross-border dimension and allow for real-time exchange of information/evidence; whereas the practical benefits resulting from the use of JITs include improved information exchange, exchange of best practices, enhanced collection of evidence and mutual recognition of the actions carried out by the parties; whereas JITs require appropriate funding to work effectively;
Amendment 484 #
2018/2044(INI)
Motion for a resolution
Recital BW
Recital BW
BW. whereas in certain countries with less developed banking systems the prevalent use of mobile banking services often makes it difficult to identify the beneficiaries of cash transfers; whereas such transfers of funds by means of mobile banking present high risks for terrorist financing; whereas the use of and transfer of funds through alternative remittance systems also present a risk for terrorist financing;
Amendment 488 #
2018/2044(INI)
Motion for a resolution
Recital BW a (new)
Recital BW a (new)
BW a. whereas virtual currencies, especially cryptocurrencies, and other new payment methods could be also misused by terrorist organisations to finance their activities;
Amendment 489 #
2018/2044(INI)
Motion for a resolution
Recital BW b (new)
Recital BW b (new)
BW b. whereas cooperation and exchange of information between obliged entities, Financial Intelligence Units and competent authorities are key for the effective fight against terrorist financing;
Amendment 499 #
2018/2044(INI)
Motion for a resolution
Recital CB
Recital CB
CB. whereas the Commission Comprehensive Assessment of EU Security Policy and the evaluation study of Directive 2008/114/EC indicate that: the threat to critical infrastructures is likely to continue to rise, that there is a need to enhance preparation and response capabilities and to revise Directive 2008/114/EC, and that there is an interest in targeting transport infrastructures; whereas a better framework is needed to improve rail security and to address the issue of protection of public areas of transport infrastructures, such as airports and, ports and maritime transport, as well as railway stations;
Amendment 558 #
2018/2044(INI)
Motion for a resolution
Recital CX
Recital CX
CX. whereas the EU is cooperating with third countries in the area of counter- terrorism in a variety of ways; whereas a number of EU instruments can be used to finance CT programmes abroad; whereas the EU has deployed a network of CT experts within EU delegations; whereas EU agencies such as Europol, Eurojust and CEPOL are also cooperating with third countries in the area of counter-terrorism, through strategic and operational agreements for example;
Amendment 592 #
2018/2044(INI)
Motion for a resolution
Recital DE a (new)
Recital DE a (new)
DE a. whereas Eurojust has been facilitating the execution of MLA requests for coordinating and granting assistance in the exercise of rights of victims of terrorism, considering the different rights and roles of foreign victims in their national legal systems;
Amendment 640 #
2018/2044(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, at this stage, the EU and the Member States should improve cooperation through existing European agencies, specialised EU services and Member States’ security and justice institutions;
Amendment 664 #
2018/2044(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Member States and the Commission to further strengthen and support the ATLAS network of civilian anti-terror special operation units of the EU Member States;
Amendment 688 #
2018/2044(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends to the Member States that they start building appropriate structures to respond to child returnees, and in particular the development of expertise, including that of experienced professionals, in the areas of trauma, extremism, child development, education and risk assessment and tailored to the local and national context, as well as clear legal and organisational structures for dealing with this phenomenon; encourages Member States to cooperate with the ICRC as they possess particular access and expertise in this field;
Amendment 702 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on Member States and the Commission to establish regional – if applicable cross-border – stockpiling centres to ensure comprehensive availability of medical countermeasures including vaccines following the dual-use principle, and to use the Joint Procurement Mechanism to avoid parallel uncoordinated efforts;
Amendment 703 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on Member States to create or strengthen specialised laboratories; asks the Commission and Parliament to fund and support relevant cross-border research activities;
Amendment 706 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Commission and the Member States to set common standards for vetting procedures at vulnerable institutions such as nuclear power plants or specialised laboratories;
Amendment 708 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Encourages Member States to make more use of technical detection systems of CBRN substances particularly at large-scale public events and calls on the Commission and the European Parliament to make further European funding available for comprehensive acquisitions of such systems;
Amendment 711 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9 d. Notes the increased cyber threat and underlines the importance to step up cyber security efforts also in the CT field;
Amendment 770 #
2018/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on Eurojust to continue its work in monitoring the jurisprudence in Member States as regards radicalisation leading to terrorism, including the use of alternatives to prosecution and detention, and to report regularly in its Terrorism Conviction Monitor (TCM); to this end, calls on the Member States to transmit to Eurojust all relevant information on prosecutions and convictions for terrorist offences which affect or may affect two or more Member States;
Amendment 840 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to examine how to ensure that places of worship, education, charities, cultural associations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up with all the appropriate guarantees; calls on Member States to ban funding from third countries that oppose the EU’s fundamental values of democracy, pluralism, tolerance, and equality between men and women;
Amendment 904 #
2018/2044(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls upon technological companies to increase their efforts and funding for the development of methods to remove terrorist content quickly, but without endangering freedom of speech.
Amendment 909 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation of an online European platform that citizens can use in order to flag terrorist and extremist content online; and asks companies to increase their capabilities to receive, review, and respond to flagged content;
Amendment 921 #
2018/2044(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for involvement of social media and audiovisual companies, including public broadcasters, in developing and disseminating effective counter-narratives, also with the inclusion of victims and to ensure that search engines place counter-narratives prominently;
Amendment 944 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Encourages the Member States to take stock of trainings developed with the use of EU funds by European Confederation for Probation (CEP), EuroPris and the European Prison Training Academy (EPTA);
Amendment 947 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Urges the Member States to guarantee safety, physical and psychological integrity of staff in prisons, to provide them with regular psychological counselling so that they do not become radicalised themselves and to develop and update official protocols of how to deal with radicalised prisoners;
Amendment 978 #
2018/2044(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Deplores the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; calls for a more proactive definition of the needs (i.e. strengthening ENLETS which is defining technological needs for law enforcement); calls to support pilot projects an artificial intelligence and blockchain (remittances); calls for active involvement of the EU agencies such as Europol, CEPOL and EBCGA in EU security research projects; calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;
Amendment 988 #
2018/2044(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges Member States to adopt the approach of ‘information sharing by default’ when it comes to sharing CT- related information with other Member States and relevant EU agencies and bodies, thus exchanging such information as a rule, and refraining from such exchange only in specific cases where circumstances require that it be withheld;
Amendment 1078 #
2018/2044(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Stresses the need for continuous training to ensure the knowledge sharing and awareness of the necessary requirements in terms of system usage and the steps necessary to ensure the quality of the data-input.
Amendment 1110 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to increase support to the CTJLT, including special funding;
Amendment 1164 #
2018/2044(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Calls for the creation of a comprehensive case-management system at Eurojust for all CT-related matters, comparable toin order to fulfil its tasks at judicial level in close cooperation with ECTC at Europol;
Amendment 1176 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67 b. Stresses the need for increased funding to CEPOL and to step up the development and delivery of innovative cyber related training;
Amendment 1181 #
2018/2044(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Calls on Member States to make full use of the expertise and tools offered by Eurojust and the European Judicial Network (EJN), in particular in providing practical and legal information and support when it comes to MLA requests and assistance with mutual recognition requests, coordination of investigations and prosecutions, decisions on best placed jurisdiction to prosecute, or coordination of asset seizures and confiscations;
Amendment 1238 #
2018/2044(INI)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. Calls on the Commission to swiftly ensure that EBCGA reaches a standing corps of around 10,000 border guards1a; __________________ 1a http://europa.eu/rapid/press- release_MEMO-18-3621_en.htm
Amendment 1257 #
2018/2044(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Member States, FrontexEBCGA and Europol to establish a European Targeting Centre within Frontex that constitutes a joint venture with the national authorities and Europol; believes this centre should assist with the advance identification of travellers who pose a threat to the security of the EU and should function as a ‘round-the-clock’ service for national border guards when there are doubts regarding certain individuals; recommends the use of sophisticated software to increase the effectiveness of targeting and cooperation with international partners in this area;
Amendment 1263 #
2018/2044(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Welcomes Europol’s participation in the law enforcement cell of the US-led Operation Gallant Phoenix (OGP) in Jordan, whereby it processes information obtained from the battlefield and exchanges it through established channels and procedures with Member States’ law enforcement authorities via the Europol National Units; calls for full access of Europol at OGP;
Amendment 1294 #
2018/2044(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Encourages Member States and third countries to implement the FATF recommendations, as well as the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the so-called ‘revised FATF Recommendations’), without delay; calls on the Commission and Member States to support third countries in the implementation of these recommendations by providing technical assistance and exchange of good practices;
Amendment 1299 #
2018/2044(INI)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92 a. Welcomes the newly adopted legislative measures on European level in the fight against terrorist financing, more specifically Directive (EU) 2018/843 of the European Parliament and the Council from 30 May 2018 and Regulation [(...) (cash controls)], and urges Member States to implement the new measures as soon as possible in the national legislation;
Amendment 1302 #
2018/2044(INI)
Motion for a resolution
Paragraph 92 b (new)
Paragraph 92 b (new)
92 b. Welcomes the methodology, presented by the Commission regarding high risk third countries, that pose a threat to the financial system of the EU; calls upon the Commission to apply this methodology and to conduct assessments as soon as possible;
Amendment 1303 #
2018/2044(INI)
Motion for a resolution
Paragraph 92 c (new)
Paragraph 92 c (new)
92 c. Calls on the Commission to assess the possibility to regulate alternative remittance systems by, for example, introducing mandatory registration or a licensing regime for the brokers and an obligation for clear and precise record- keeping;
Amendment 1312 #
2018/2044(INI)
Motion for a resolution
Paragraph 95
Paragraph 95
Amendment 1313 #
2018/2044(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
Amendment 1315 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96 a. Calls on the European Commission to propose legislation for a robust tracing system for artworks and antiques entering the EU market, especially for items originating from conflict-affected and high-risk countries as listed by the Commission, as well as from organisations, groups or individuals included in the EU terror list; believes that this initiative should be supported by the creation of a standardised permit, without which trading of these items would be illicit, by the creation of a passport for the export of each item; believes that digital tools allowing to check the authenticity of the documents should be developed; notes that a comprehensive register of antiquities for sale should be systematically held up to date by art dealers;
Amendment 1317 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 b (new)
Paragraph 96 b (new)
96 b. Calls on the Member States to make it mandatory for companies involved in art dealing to declare all suspicious transactions, and to make the owners of companies dealing in art and antiques who become involved in the trafficking of such goods subject to effective, proportionate and dissuasive penalties, including criminal penalties where necessary;
Amendment 1318 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 c (new)
Paragraph 96 c (new)
96 c. Calls on the Member States to cooperate more with Europol AP FURTUM and, as requested by UNSC 2347, to provide customs and law enforcement with dedicated personnel, as well as public prosecutors, with effective tools and adequate training through cooperation with the WCO and INTERPOL
Amendment 1320 #
2018/2044(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Calls on the Commission to develop, together with Member States and international partners, ways of better monitoring financial flows and identifying users of electronic wallets and prepaid cards, crowdfunding platforms and online and mobile payment systems in relevant investigations; calls for a focus on virtual currencies and fintech and calls to explore the possibility to extend sanctions also to crowdfunding on social media for terrorist purposes;
Amendment 1324 #
2018/2044(INI)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97 a. Calls upon the Commission to assess the need for legislative measures that would tighten the control over virtual currencies - to broaden the definition of virtual currencies so that it includes game-based virtual currencies; to introduce a licensing/registration regime for the exchange services related to game- based virtual currencies; to introduce a licensing/registration regime for the issuers of prepaid virtual currencies cards; to monitor the virtual currency to virtual currency financial flows in order to identify the persons conducting the exchanges; to make recording the use of virtual currency ATMs mandatory; to forbid the issuing and use of completely anonymous virtual currencies; and to introduce a licensing/registration regime for the brokers of virtual currencies;
Amendment 1334 #
2018/2044(INI)
Motion for a resolution
Paragraph 98 a (new)
Paragraph 98 a (new)
98 a. Urges better cooperation and exchange of information between obliged entities, Financial Intelligence Units and competent authorities, among Financial Intelligence Units and among the competent authorities regarding terrorist financing activities; calls upon Member States to ensure that their Financial Intelligence Units, regardless of their type, have unhindered access to financial information in view of effectively combatting terrorist financing;
Amendment 1335 #
2018/2044(INI)
Motion for a resolution
Paragraph 98 b (new)
Paragraph 98 b (new)
98 b. Calls for better and stronger exchange of information and cooperation between Europol, Eurojust and third countries regarding terrorist financing;
Amendment 1343 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Calls for the organisation of specialised trainings for the law enforcement and judicial authorities of Member States on the methods and developments in terrorist financing;
Amendment 1345 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Calls for the swift adoption of the draft directive on access by law enforcement authorities to financial information and exchange of information between FIUs;
Amendment 1 #
2018/2009(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 2 #
2018/2009(INI)
Draft opinion
Citation 3 a (new)
Citation 3 a (new)
– having regard that safeguarding the rule of law and effective independent justice systems play a key role in creating a positive political environment, regaining public trust in institutions, attracting investments, providing greater legal and regulatory predictability and sustainable growth
Amendment 4 #
2018/2009(INI)
Draft opinion
Citation 5 a (new)
Citation 5 a (new)
– having regard that measures to improve the effectiveness of judicial systems in the Member States is a key aspect of the structural reforms in the context of the European Semester, the annual cycle for the coordination of economic policies at Union level.
Amendment 11 #
2018/2009(INI)
Draft opinion
Recital B
Recital B
B. whereas justice systems must be adapted to meet the new challenges faced by the EU, in particular the fight against terrorism;
Amendment 26 #
2018/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s efforts to assess, for the first time, certain aspects of criminal justice relating to the fight against money laundering, but deplores the fact that this assessment will last only as long as the relevant judicial proceedings; and it recommends to the Commission to gather more information regarding the length of the judicial proceedings in this area, in view of the entering into force of the Fourth, and later on, of the Fifth Anti- Money Laundering Directive.
Amendment 36 #
2018/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 46 #
2018/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 52 #
2018/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8а. Welcomes the transparency in most Member States regarding the publication of court rulings; at the same time, calls on the Member States to publish online all court rulings in civil/commercial and administrative cases as this will help citizens and businesses become better acquainted with the judicial system;
Amendment 52 #
2018/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls onEncourages the Commission to include, in the part of the Scoreboard that deals with the independence of the judiciary, a section devoted to the status of public prosecutors and their autonomy;
Amendment 56 #
2018/2009(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9а. Calls on the Member States to encourage specialised training for legal professionals and to introduce periodic or specialist training for judges. Calls in this context for more training opportunities to be provided for judges in another Member State with the aim of exchanging experiences and good practices.
Amendment 56 #
2018/2009(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. RemPoindts the Commission that a European surveillanceout that in its resolution of 25 October 2016 it recommends the establishment of a European mechanism onfor democracy, the rule of law and fundamental rights needs to be developed, as Parliament suggested in its own- initiative report of October 2016. and calls on the Commission to put forward a proposal to establish such a mechanism in line with the principle of subsidiarity and proportionality, assuring objective assessment of all Member States on equal footing and incorporating existing instruments, such as the Justice Scoreboard, the anti-corruption report and others and replacing the Cooperation and Verification for Bulgaria and Romania.
Amendment 61 #
2018/2009(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 67 #
2018/2009(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that legal aid for consumers below the poverty threshold remains an essential balancing factor; underlines the role of legal aid in guaranteeing that weaker parties may also have access to justice, a fundamental right under EU law; in this context, encourages the Member States to provide legal aid to citizens, based on their income, in consumer protection cases, as this will help citizens better protect their rights as consumers;
Amendment 74 #
2018/2009(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 1 #
2018/2008(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to the various surveys, studies and tests carried out in the last years by the Food Inspection Authorities in many Member States in Central and Eastern Europe,
Amendment 2 #
2018/2008(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to the various surveys, studies and tests carried out in the last years by the Food Inspection Authorities in many Member States in Central and Eastern Europe,
Amendment 6 #
2018/2008(INI)
Motion for a resolution
Recital A
Recital A
A. whereas when promoting, selling or supplying products, companies should provide consumers with accurate information, also on local products and recipes, to enable them to make an informed buying decision;
Amendment 9 #
2018/2008(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas all EU citizens deserve equal treatment in regard to food and non-food products sold on the Single Market;
Amendment 21 #
2018/2008(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the purchasing power divergence in the EU leads to food market practices, which are detrimental to consumers and to low-income citizens;
Amendment 25 #
2018/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that results of various tests conducted in several Member States in Central and Eastern Europe have proven that there are differences between products which are advertised and distributed in the single market under the same brand and with the same packaging; Those differences are also proven in regard to the prices;
Amendment 34 #
2018/2008(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the cases reported concern not only food products but also non-food products, including detergents, cosmetics, toiletries and products intended for babies and people with special dietary needs;
Amendment 38 #
2018/2008(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the European Commission decided not to sufficiently change EU legislation to tackle the issue of dual quality, despite the multiple evidence for its existence;
Amendment 41 #
2018/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes, thereforenevertheless, the recent initiatives announced by the Commission to address thise issue, in particular its commitment to delivering a common testing methodology and allocating a budget of EUR 2 million for its preparation and enforcement and for collection of further evidence; expects the testing to be completed at the earliest possible date, preferably before the end of 2018;
Amendment 55 #
2018/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the adoption by Parliament of a pilot project for 2018 that will involve a series of market investigations into several categories of consumer products to assess different aspects of dual quality; expects the project to be launched, conducted and published in time, as initially planned;
Amendment 56 #
2018/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the adoption by Parliament of a pilot project for 2018 that will involve a series of market investigations into several categories of consumer products to assess different aspects of dual quality; expects the project to be launched, conducted and published in time, as initially planned;
Amendment 59 #
2018/2008(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Parliament, Commission and Member States to make use of all available tools, including pilot and national projects to further asses different aspects of dual quality of foods;
Amendment 60 #
2018/2008(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Parliament, Commission and Member States to make use of all available tools, including pilot and national projects to further asses different aspects of dual quality of foods;
Amendment 78 #
2018/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Agrees with the Commission that in the single market, where consumers have a general understanding of the principles of free circulation and equal access to goods, consumers do not, a priori, expect branded products sold in different countries to differ from each other - both in terms of quality and price;
Amendment 83 #
2018/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the Notice is perceived as primarily intended for foodstuffs; believes that provisions on the application of consumer protection law should be applied to all food and non- food products in general;
Amendment 84 #
2018/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the Notice is perceived as primarily intended for foodstuffs; believes that provisions on the application of consumer protection law should be applied to all food and non-food products in general;
Amendment 87 #
2018/2008(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that there may be different requirements for the control methods of the national competent authorities; considers that the aim of the work to develop a and they should therefore use the methodology ldeveloped by the Commission’´s Joint Research Centere should be clearly stated so as to prevent conflicting interpretations;
Amendment 124 #
2018/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the value of broad and timely public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlights the role of industry in improving transparency with regard to product composition;
Amendment 125 #
2018/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the value of broad and timely public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlights the role of industry in improving transparency with regard to product composition;
Amendment 132 #
2018/2008(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for the increased support of national consumer organisations, so they can build capacity, develop their testing activities and contribute, alongside with competent authorities, to tracking and exposing situations of unfair product differentiation;
Amendment 136 #
2018/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Invites consumer organisations to play an more active role in the public debate and in informing consumers and serve as a first point of contact for the consumers to ensure their rights on the Single Market; calls on the Member States to uphold the functioning of the consumer organizations by strengthening their role to fulfil their tasks in consumer protection;
Amendment 141 #
2018/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Invites consumer organisations to play anmore active role in the public debate and in informing consumers;
Amendment 145 #
2018/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that in the light of previous experiences of competent authorities thus far suggest that they have beenwere unable individually to tackle effectively any specific cases of dual quality at national level; calls on Member States to better enforce the Unfair Commercial Practices Directive in order to better ensure that consumers are informed about food products when making a purchasing decision and are not misled by unfair marketing practices; stresses that the Member States shall ensure that the competent national authorities possess adequate technical, financial and human capacities in order to ensure effective enforcement;
Amendment 157 #
2018/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Draws attention to the fact that the issue of dual quality is directly related to the essence of the functioning of the single market and consumer trust and therefore requires a solution at Union level, preferably via directly enforceable measures; is convinced that given the possibility of action at national level, Union-level action would safeguard the integrity of the single market; in this regard, urges the Commission to introduce common minimum standards for food and non-food products in the EU;
Amendment 161 #
2018/2008(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the European Commission’s efforts to assist national enforcement authorities in identifying unfair commercial practices in the marketing of food products on the basis of the EU harmonised methodology being developed by the Joint Research Center of the European Commission as this issue is directly related to the essence of the functioning of the Single Market and consumer trust;
Amendment 180 #
2018/2008(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes the Commission´s New Deal for Consumers presented by the European Commission on 11 April 2018 which will tackle dual quality of consumer products by updating the Unfair Commercial Practices Directive in order to make explicit that national authorities can assess and address misleading commercial practices involving the marketing products as being identical in several EU countries, if their composition or characteristics are significantly different;
Amendment 4 #
2018/0900(COD)
Draft regulation
Recital 4
Recital 4
(4) It is, moreover, clear from the review undertaken by the Court of Justice and the General Court that many appeals are brought in cases which have already been considered twice, initially by an independent administrative authority, then by the General Court, and that many of those appealssuch as the European Union Intellectual Property Office, the Community Plant Variety Office, the European Chemicals Agency, the European Aviation Safety Agency, then by the General Court. Many of those appeals relating to cases in which an independent administrative authority has already been seized prior to the action before the General Court are dismissed by the Court of Justice because they are patently unfounded, or on the ground that they are manifestly inadmissible. In order to enable the Court of Justice to concentrate on the cases that require its full attention, it is necessary, in the interests of the proper administration of justice, to introduce, for appeals relating to such cases, a mechanism whereby the Court determines whether an appeal should be allowed to proceed. It would accordingly fall to the party challenging a decision of the General Court in those cases first to convince the Court of Justice of the significance of the questions raised by its appeal with respect to the unity, consistency or development of Union law.
Amendment 233 #
2018/0330(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from illegal immigration or cross-border crime. Such assistance should be without prejudice to the relevant national authorities' competence to initiate criminal investigations. In that respect, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy teams from the European Border and Coast Guard standing corps as well as provide the necessary technical equipment. The Agency and the Member State concerned should agree upon an operational plan.
Amendment 240 #
2018/0330(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In cases where there is a specific and disproportionate challenge at the external borders, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate rapid border interventions and deploy both teams from the European Border and Coast Guard standing corps and technical equipment, including from the Rapid Reaction Equipment Pool. Rapid border interventions should provide reinforcement for a limited period of time in situations where an immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make operational staff of the European Border and Coast Guard standing corps available to form relevant teams and provide the necessary technical equipment. The Agency and the Member State concerned should agree upon an operational plan.
Amendment 244 #
2018/0330(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a Member State faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large, inward, mixed migratory flows the Member States should be able to rely onAgency should, upon the request of a Member States, provide technical and operational reinforcements. Those reinforcements should be provided in hotspot areas by migration management support teams. Those teams should be composed of operational staff to be deployed from the European Border and Coast Guard standing corps and experts from Member States deployed by EASO and, Europol or other relevant Union agencies. The Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 252 #
2018/0330(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. That support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the Member States in question with full financial and operational support through the relevant Union Agencies including the European Border and Coast Guard Agency.
Amendment 262 #
2018/0330(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 270 #
2018/0330(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 282 #
2018/0330(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Where control of the external border is rendered ineffective to such an extent that it risks jeopardising the functioning of the Schengen area, either because a Member State does not take the necessary measures in line with a vulnerability assessment or because a Member State facing specific and disproportionate challenges at the external borders has not requested sufficient support from the Agency or is not implementing such support, a unified, rapid and effective response should be delivered at Union level. For the purpose of mitigating these risks, and to ensure better coordination at Union level, the Commission should propose to the Council a decision identifying the measures to be implemented by the Agency and requireing the Member State concerned to cooperate with the Agency in the implementation of those measures. The Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision. An operational plan should be drawn up by timplementing power to adopt such a decision should be conferred on the Council because of the potentially politically sensitive nature of the measures to be decided, which are likely to touch on national executive and enforcement powers. The Agency togshould dether with the Member State concerned. The Member State concerned should facilitate the implementation of the Commission decision and the operational plan by implementing among others its obligations provided for in Articles 44, 83 and 84mine the actions to be taken for the practical execution of the measures indicated in the Council decision. It should then draw up an operational plan with the Member State concerned. If a Member State does not comply within 30 days with that Commissionuncil decision and does not cooperate with the Agency in the implementation of the measures contained in that decision, the Commission should be able to trigger the specific procedure provided for in Article 29 of Regulation (EU) 2016/399 of the European Parliament and of the Council (21 ) to face exceptional circumstances putting the overall functioning of the area without internal border control at risk. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Amendment 372 #
2018/0330(COD)
Proposal for a regulation
Recital 113 a (new)
Recital 113 a (new)
(113 a)As regards Bulgaria, Romania and Croatia, this Regulation constitutes a development of the Schengen acquis in which these Member States take part in accordance with their Accession Treaties. Bulgaria, Romania and Croatia therefore take part in the adoption of this Regulation and are bound by it and subject to its application.
Amendment 378 #
2018/0330(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at theall external borders of the European Union with a view to managing the crossing of those external borders efficiently, as well as increasing the efficiency of the common return policy as a key component of sustainable migration management.
Amendment 385 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘external borders’ means the external borders of the EU as defined in point 2 of Article 2 of Regulation (EU) 2016/399, to which Title II of that Regulation applies;
Amendment 397 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘operational staff' means border guards, return escorts, return specialists and other relevant staff constituting the "European Border and Coast Guard standing corps". In accordance with the three categories defined under Article 55(1), operational staff is either employed by the European Border and Coast Guard Agency as statutory staff (category 1), seconded to the Agency by the Member States (category 2) or provided for short term deployment by the Member States (category 3). Operational staff is to act as members of border management teams, migration management support teams or return teams having executive powers. Operational staff also includes the statutory staff responsible for the functioning of the central unit of ETIAS;
Amendment 402 #
2018/0330(COD)
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, or other relevant Union agencies as well as from Member States;
Amendment 415 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Amendment 449 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) technical and operational measures within the Schengen areaEuropean Union which are related to border control and designed to address illegal immigration and to counter cross-border crime better;
Amendment 535 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7
Article 10 – paragraph 1 – point 7
7. assist Member States, upon their request, in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate challenges, taking into account that some situations may involve humanitarian emergencies and rescue at sea in accordance with Union and international law;
Amendment 546 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 12
Article 10 – paragraph 1 – point 12
12. within the framework of the migration management support teams at hotspot areas or in controlled centres;
Amendment 659 #
2018/0330(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point c
Article 27 – paragraph 3 – point c
(c) incidents in the operational area of a joint operation, or rapid intervention coordinated by the Agency, or in a hotspot or controlled centre.
Amendment 664 #
2018/0330(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
(4) The operational layer of the European situational picture shall contain information on the joint operations, and rapid interventions coordinated by the Agency and on hotspots and controlled centres, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.
Amendment 714 #
2018/0330(COD)
Proposal for a regulation
Article 32 – paragraph 3 – point j
Article 32 – paragraph 3 – point j
(j) monitor the measures taken byfacilitate the communication between the Member State and the Agency with regard to return and support the collection of information required by the Agency to carry out activities referred to in Article 49.
Amendment 743 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
7. When necessary the executive director shall, in consultation with the Member State concerned, make a recommendation setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The executive director shall invite the Member States concerned to take the necessary measures based on an action plan developed by the Member State in consultation with the executive director.
Amendment 749 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 9
Article 33 – paragraph 9
Amendment 783 #
2018/0330(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) where a critical impact level is attributed to an external border section, the Agency shall notify it to the Commission. The Member State concerned and the Agency shall, in addition to the measures taken under point (c), implement the recommendation issued by the executive director of the Agency in accordance with Article 42develop and implement additional recommendations.
Amendment 799 #
2018/0330(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) deploy the European Border and Coast Guard standing corps in the framework of the migration management support teams, among others at hotspot areas or in controlled centres, including if necessary to provide technical and operational assistance in return activities;
Amendment 836 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
Migration management support teams may be deployed, at the request of a Member State, or upon the initiative of the Agency and with the agreement of the Member State concerned, to provide technical and operational reinforcement to that Member State, in particular at hotspot areas and controlled centres.
Amendment 862 #
2018/0330(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 882 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
the Commission, after consulting the Agencyuncil, on the basis of a proposal from the Commission, may adopt without delay a decision by means of an implementing act in accordance with the procedure as referred to in Article 117(3), identifying measures to mitigate those risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The Commission shall consult the Agency before making its proposal.
Amendment 893 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. WhereIf a situation requiring urgent action arises, the European Parliament and the Council shall be informed of that situation without delay as well asnd shall be informed of all subsequent measures and decisions taken in response.
Amendment 914 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. The executive director shall, within two working days from the date of adoption of the Commissionuncil decision referred to in paragraph 1,
Amendment 920 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 4 – point b
Article 43 – paragraph 4 – point b
(b) submit thedraw up a draft operational plan and submit it to the Member States concerned for its approval.
Amendment 925 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. The executive director and the Member State concerned shall draw up theagree on the draft operational plan within twohree working days from the date of its submission.
Amendment 930 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
6. The Agency shall, without delay and in any case within five working days from establishment of the operational plan, deploy the necessary operational staff from the European Border and Coast Guard standing corps referred to in Article 55 for the practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1 of this Article. Additional teams shall be deployed as necessary at a second stage and in any case within seven working days from the deployment of the first teams deployed in the operational area.
Amendment 935 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 7 – subparagraph 1
Article 43 – paragraph 7 – subparagraph 1
The Agency shall, without delay and in any case within 10 working days from establishment of the operational plan, deploy the necessary technical equipment for practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1.
Amendment 939 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
8. The Member State concerned shall comply with the Commissionuncil decision referred to in paragraph 1. For that purpose it shall immediately cooperate with the Agency and take the necessary action, in particular by implementing the obligations provided in Articles 44, 83 and 84, to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan.
Amendment 949 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2
Article 43 – paragraph 9 – subparagraph 2
If the Member State concerned does not comply with the Commissionuncil decision referred to in paragraph 1 within 30 days and does not cooperate with the Agency pursuant to paragraph 8 of this Article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 975 #
2018/0330(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. If the executive director decides to suspend or terminate deployment by the Agency of a migration management support team, he or she shall inform the other relevant agencies active in that hotspot area or controlled centre of that decision.
Amendment 1031 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations or organising returns on scheduled flights. The Agency may, on its own initiative coordinate or organise return operations.
Amendment 1037 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Member States shall on a monthly basis provide operational data on return necessary for the assessment of return needs by the Agency and inform the Agency of their indicative planning of the number of returnees and of the third countries of return, both with respect to relevant national return operations, and of their needs for assistance or coordination by the Agency. The Agency shall draw up and maintain a rolling operational plan to provide the requesting Member States with the necessary operational assistance and reinforcements, including through technical equipment. The Agency may, on its own initiative or at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The management board shall decide, on a proposal of the executive director, on the modus operandi of the rolling operational plan.
Amendment 1041 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The Agency may provide technical and operational assistance and, either at the request of the participating Member States or on its own initiative, ensure the coordination or the organisation of return operations for which the means of transport and forced-return escorts are provided by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect for fundamental rights, the principle of non- refoulement, and the proportionate use of means of constraints are guaranteed during the entire return operation. At least one Member State representative, and one forced-return monitor from the pool established under Article 52 or from the national monitoring system of the participating Member State, shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 1049 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 7
Article 51 – paragraph 7
7. The Agency shall finance or co- finance return operations from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas or controlled centres.
Amendment 1067 #
2018/0330(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams either at the request of a Member State or on its own initiative, during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third- country nationals rescued at sea.
Amendment 1074 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative or upon request of that Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1080 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2 a. The Agency shall also support return operations from one third country to another third country where (a) the third country that issued the return decision is a potential candidate or a candidate country for accession to the European Union, or is a country covered by the European Neighbourhood Policy. (b) the third country accepting the returnee is the country of origin of the third country national
Amendment 1083 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall, either on its own initiative or upon the request of that Member State, provide the appropriate technical and operational assistance in the form of a rapid return intervention. A rapid return intervention may consist in the rapid deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1098 #
2018/0330(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. In accordance with Article 83, all the members of the European Border and Coast Guard standing corps shallmay, in agreement with the Member States, be enabled to carry out border control or return tasks, including the tasks requiring executive powers defined in the relevant national laws or, for the staff of the Agency, in accordance with Annex II.
Amendment 1105 #
2018/0330(COD)
Proposal for a regulation
Article 55 – paragraph 6 a (new)
Article 55 – paragraph 6 a (new)
6 a. The secondment of staff to the Agency will be determined based on the needs and capabilities of the Member States to protect their borders.
Amendment 1126 #
2018/0330(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. By 31 July of each year, the Agency shall request the contribution by Member States of their individual operational staff members to joint operations for the following year. The periods of individual deployment shall be decided in the annual bilateral negotiations and agreements between the Agency and Member States. However, as a final result Member States shall make the operational staff available for deployment within the numbers and profiles specified in the request of the Agency, depending on the needs of the Member States for the protection of their borders.
Amendment 1227 #
2018/0330(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Based on the policy priorities set out in accordance with Article8 (4), the Agency shall provide technical and operational assistance to third countries within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement. The assistance to third countries shall compliment the Agency’s support for Member States in the application of Union measures relating to the management of the external borders and the enforcement of return decisions.
Amendment 1468 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 5
Article 106 – paragraph 5
5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights, including by carrying out on-the-spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State, and to hotspot areas or controlled centres, return operations and return interventions.
Amendment 1574 #
2018/0330(COD)
Proposal for a regulation
Annex II – title
Annex II – title
List of tasks to be carried out by the Agency's statutory staff as team members deployed from the European Border and Coast Guard standing corps and requiring executive powers
Amendment 187 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The appeal against a return decision that is based on a decision rejecting an application for international protection which was already subject to an effective judicial remedy should take place before a singlone level of jurisdiction only, since the third-county national concerned would have already had his or her individual situation examined and decided upon by a judicial authority in the context of the asylum procedure.
Amendment 216 #
2018/0329(COD)
Proposal for a directive
Recital 25
Recital 25
(25) When an illegally staying third- country national is detected during exit checks at the external borders, it may be appropriate toMember States should impose an entry ban in order to prevent future re-entry and therefore to reduce the risks of illegal immigration. When justified, following an individual assessment and in application of the principle of proportionality, an entry ban may be imposed by the competent authority without issuing a return decision in order to avoid postponing the departure of the third-country national concerned.
Amendment 246 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Without prejudice to the possibility for Member States not to apply this Directive with regard to the cases referred to in Article 2(2)(a), whenif a border procedure is applied in accordance with Regulation (EU) …/… [Asylum Procedure Regulation], a specific border procedure should follow for the return of illegally staying third-country nationals whose application for international protection under that asylum border procedure has been rejected in order to ensure direct complementarity between the asylum and return border procedures and prevent gaps between the procedures. In such cases, it is necessary to establish specific rules that ensure the coherence and synergy between the two procedures and preserve the integrity and effectiveness of the whole process.
Amendment 343 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) unauthorised movement to the territory of another Member State or of a third country, or attempts to do so;
Amendment 358 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point n
Article 6 – paragraph 1 – point n
(n) opposing violently or fraudulently the return procedures, including by deliberately providing false information in an oral or written form or deliberately concealing essential information about the case prior to the return;
Amendment 499 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States mayshall impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, w. Where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality, an entry ban may be imposed by the competent authority without issuing a return decision in order to avoid postponing the departure of the third-country national concerned.
Amendment 545 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in Article 15(1), before a competent judicial or administrative authority.
Amendment 550 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The third-country national concerned shall be granted the right to appeal before a singlt least one level of jurisdiction against the return decision where that decision is based on a decision rejecting an application for international protection taken in accordance with Regulation EU) …/… [Asylum Procedure Regulation] that was subject to an effective judicial review in accordance with Article 53 of that Regulation.
Amendment 601 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Member States may re-detain a third country national despite reaching the limit of the period referred to in paragraphs 5 and 6 if, after the release from detention facilities, there are circumstances present that allow the enforcement of the return decision issued to the same third country national.
Amendment 637 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shallmay, on a voluntary basis, establish return procedures applicable to illegally 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 39 #
2018/0227(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2а) Europe should compete with other world powers for leadership of the digital revolution, and levels of investment in digital capacity, in both the EU budget and national and regional budgets, should increase steadily.
Amendment 43 #
2018/0227(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The European Council concluded in particular that the Union should urgently address emerging trends: this includes issues such as artificial intelligence and distributed ledgers technologies (e.g. blockchain), while at the same time ensuring a high level of data protection, digital rights and ethical standard of intellectual property, data and digital rights, as well as liability-related ethical and legal issues. It is of crucial importance to ensure that the EU legal framework responds adequately to those challenges. The European Council invited the Commission to put forward a European approach to artificial intelligence by early 2018 and called on the Commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the EU to explore new markets through risk-based radical innovations and to reaffirm the leading role of its industry.
Amendment 60 #
2018/0227(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Trust is a prerequisite for the Digital Single Market to function. Cybersecurity technologies such as digital identities, cryptography or intrusion detection, and their application in areas such as finance, industry 4.0, energy, transportation, healthcare, justice or e- government, are essential to safeguard the security and trust of online activity and transactions by both citizens, public administrations, and companies.
Amendment 78 #
2018/0227(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point а
Article 3 – paragraph 1 – point а
(a) reinforce and develop Europe’s capacities in key digital technology areas through large- scale deployment,
Amendment 88 #
2018/0227(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) reinforce, develop and network existing artificial intelligence testing and experimentation facilities in Member States;
Amendment 109 #
2018/0227(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8а Ethical issues Actions carried out under the Programme shall comply with ethical principles and relevant national, Union and international legislation.
Amendment 110 #
2018/0227(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021−2027 shall be at least EUR 9 194 000 000 in current prices.
Amendment 41 #
2018/0208(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well- being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’) and the UN Convention on the Rights of Persons with Disabilities.
Amendment 58 #
2018/0208(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement and to public office-holders obliged by the law to provide parties with independent and impartial legal advice.
Amendment 61 #
2018/0208(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Reminds that justice is affirming the rule of law in society and ensuring for everyone the right to a fair trial by an independent and impartial court with a view for the protection of European values.
Amendment 67 #
2018/0208(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Reiterates that reasonable time- limits of proceedings serve the purpose of legal certainty, which is the key requirement for the rule of law.
Amendment 70 #
2018/0208(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Calls on the Member States to invest more in development of judicial trainings and continuous education for judges as this is a basis for an efficient, independent and impartial judicial system.
Amendment 81 #
2018/0208(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives. Bodies and entities that have access to the Programme should include national, regional and local authorities.
Amendment 101 #
2018/0208(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down the objectives of the Programme, the budget for the period 2021 –1 January 2021 – 31 December 2027, the forms of Union funding and the rules for providing such funding.
Amendment 109 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, the independence of judges, impartiality of justice, on mutual recognition and mutual trust;
Amendment 138 #
2018/0208(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In , in particular: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparaticular, activities listed in Annex I shall be eligible for funding. ve law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities1a to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law. 5. information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications. 6. developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme. 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach. _________________ 1a These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 142 #
2018/0208(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. An operating grant mayshall be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme.
Amendment 144 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in the Annex II.
Amendment 145 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts, in accordance with Article 14, to develop the provisions for a monitoring and evaluation framework, including through amendments to the Annex II to review and complement the indicators where necessary.
Amendment 155 #
2018/0208(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 169 #
2018/0208(COD)
Proposal for a regulation
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
The following shall be considered a non- exhaustive list of specific indicators: (a) the number and percentage of persons in a target group reached by awareness- raising activities funded by the Programme; (b) the number and percentage of members of the judiciary and judicial staff in a target group that participated in training activities, staff exchanges, study visits, workshops and seminars funded by the Programme; (c) the improvement in the level of knowledge of Union law and policies in the groups participating in activities funded by the Programme compared to the entire target group; (d) the number of cases, activities and outputs of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level; (e) participants' assessment of the activities in which they participated and of their (expected) sustainability; (f) the geographical coverage of the activities funded by the Programme.
Amendment 170 #
2018/0208(COD)
Proposal for a regulation
Annex II – paragraph 1 b (new)
Annex II – paragraph 1 b (new)
3.In addition to the indicators set out in paragraph 2, the interim and ex-post evaluation report of the Programme shall assess, inter alia: (a) the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level; (b) the number and quality of instruments and tools developed through actions funded by the Programme; (c) the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding, and their (expected) results and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question; (d) the level of funding in relation to the outcomes achieved (efficiency); (e) the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification).
Amendment 58 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) to promote citizens engagement and participation in the democratic life of the Union, as well as citizens' awareness of the rights and obligations, derived from the European citizenship (Citizens' engagement and participation strand),
Amendment 64 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 73 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) increasing citizens' and public authorities' awareness of the rights and obligations, derived from the European citizenship;
Amendment 134 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) to promote citizens’ awareness of the rights and obligations, derived from the European citizenship (Citizens’ rights strand).
Amendment 141 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point h a (new)
Annex I – paragraph 1 – point h a (new)
(h a) strengthening citizens' awareness of their rights and obligations derived from the European citizenship, such as the right to travel, work, study, live in another Member State, through information campaigns;
Amendment 142 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point h b (new)
Annex I – paragraph 1 – point h b (new)
(h b) specialised training for people working in the public sector of one Member State regarding the rights and obligations of the citizens of other Member States, who live, work, study or travel in the former, as well as training regarding the measures to guarantee the respect for those rights;
Amendment 153 #
2018/0207(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Citizens’ rights strand Within the specific objective set out in point ba) of Article 2(2), the Programme shall focus on: (a) increasing citizens’ awareness of their rights and obligations, derived from Union citizenship; (b) increasing public authorities’ knowledge of the rights and obligations of Union citizens residing in another Member State;
Amendment 181 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point h a (new)
Annex I – paragraph 1 – point h a (new)
(ha) strengthening citizens’ awareness of their rights and obligations derived from Union citizenship, such as the right to travel, work, study, live in another Member State, through information campaigns;
Amendment 182 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point h b (new)
Annex I – paragraph 1 – point h b (new)
(hb) specialised training for people working in the public sector of a Member State regarding the rights and obligations of the citizens of other Member States, who live, work, study or travel in the first mentioned Member State, as well as training regarding the measures to guarantee the respect for those rights;
Amendment 45 #
2018/0204(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the interests of the proper functioning of the internal market, it is necessary to further improve and expedite the transmission and service between the Member States of judicial and extrajudicial documents in civil and commercial matters. At the same time, a high level of security and protection must be ensured in the transmission and service of these documents, and the fundamental rights and protection of the personal data of the addressees must be guaranteed.
Amendment 49 #
2018/0204(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure the speedy transmission of documents to other Member States for the purposes of service there, all appropriate means of modern communication technology should be used, provided that certain conditions as to the integrity and reliability of the document received are observed, a high level of security and protection in the transmission and service ensured, and the fundamental rights and protection of the personal data of the addressees guaranteed. For that purpose, all communication and exchanges of documents between the agencies and bodies designated by the Member States should be carried out through a decentralised IT system composed of national IT systems.
Amendment 52 #
2018/0204(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The receiving agency should, in all circumstances and with no margin of discretion in that regard, inform the addressee in the good time in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service. This rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal. The right of refusal should also apply in respect of service by diplomatic or consular agents, service by postal or courier services and direct service. It should be possible to remedy the service of the refused document by serving an official translation of the document on the addressee.
Amendment 55 #
2018/0204(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) If the addressee has refused to accept the document, the court or authority seised with the legal proceedings in course of which the service became necessary, should verify whether that refusal was justified. For that purpose, that court or authority should take into account all the relevant information on the file or at its disposal in order to determine the actual language skills of the addressee. When assessing the language skills of the addressee, the court could take into account factual elements such as documents written by the addressee in the language concerned, whether the addressee’s profession involves such language skills (for example, teacher or interpreter), whether the addressee is a citizen of the Member State where the judicial proceedings take place, or whether the addressee previously resided in that Member State for somean extended period of time. Such an assessment should not take place, if the document was drawn up or translated into the official language or one of the official languages of the place of service.
Amendment 56 #
2018/0204(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Efficiency and speed in cross- border judicial proceedings requires direct, expedited and secure channels for serving documents on persons in other Member States. Consequently, it should be possible for a person interested in a judicial proceeding or a court or authority seised within respect of a legal proceeding to effect service of documents directly through electronic means to the digital user accountelectronic address of an addressee who is domiciled in another Member State. The conditions for the use of such type of direct electronic service should ensure that electronic user accountaddresses are used for the purpose of service of documents only if there are appropriate safeguards for the protection of the interests of the addressees, eitherincluding by way of high technical standards or in form ofthrough an explicit consent given by the addressee. Where documents are served or transmitted electronically, the possibility must be available of providing acknowledgement of receipt of the documents. The addressee must be able to refuse electronic acceptance of a document.
Amendment 58 #
2018/0204(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The already existing direct channels for transmission and service of documents should be improved so that they provide reliable, secure and generally accessible alternatives to the traditional transmission via the receiving agencies. For this purpose, postal or courier service providers should use a specific acknowledgement of receipt when performing service by post or courier under Article 14 of Regulation (EC) No 1393/2007. Similarly, it should be possible for any person interested in a judicial proceeding and for courts or authorities seised with a legal proceeding to effect service of documents in the territory of all Member States directly through the judicial officers, officials or other competent persons of the Member State addressed.
Amendment 63 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 а – paragraph 1
Article 3 а – paragraph 1
1. Documents, requests, confirmations, receipts, certificates and any communication carried out on the basis of the standard forms in Annex I between the transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of the different Member States shall be transmitted through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure and reliable cross-border exchange of information in real time between the national IT systems.
Amendment 65 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
3. Where the documents, requests, confirmations, receipts, certificates and other communication referred to in paragraph 1 require or feature a seal or handwritten signature, the appropriate ‘qualified electronic seals’ and ‘qualified electronic signatures’ as defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council may be used instead.
Amendment 67 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 а – paragraph 4
Article 3 а – paragraph 4
4. If transmission in accordance with paragraph 1 is not possible due to an unforeseen andcircumstances or exceptional disruption of the decentralised IT system, transmission shall be carried out by the swiftest possible alternative means.
Amendment 78 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1393/2007
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall immediately contact the transmitting agency in order to secure the missing information or documents.
Amendment 79 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1393/2007
Article 6 – paragraph 3
Article 6 – paragraph 3
3. If the request for service is manifestly outside the scope of this Regulation or if non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned immediately, on receipt, to the transmitting agency, together with the notice of return using the standard form set out in Annex I.
Amendment 82 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1393/2007
Article 6 – paragraph 4
Article 6 – paragraph 4
4. A receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it immediately, as well as the request, through the decentralised IT system referred to in Article 3a to the receiving agency having territorial jurisdiction in the same Member State if the request complies with the conditions laid down in Article 4(2) and shall inform the transmitting agency accordingly using the standard form set out in Annex I. Upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the same Member State, an automatic receipt of delivery is sent immediately to the transmitting agency, via the decentralised IT system referred to in Article 3a." ; ;
Amendment 83 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1393/2007
Article 7 а – paragraph 1
Article 7 а – paragraph 1
1. Where a document instituting the proceedings has been served upon the defendant, the law of the forum Member State may impose an obligation upon parties who are domiciled in another Member State to appoint a representative for the purpose of service of documents on them in the forum Member State for the proceedings.
Amendment 84 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
2. Where a party fails to comply with the obligation to appoint a representative in accordance with paragraph 1 and has not expressed his or her consent to use an electronic user accountaddress for service in accordance with point (b) of Article 15a, any method of service permitted under the law of the forum Member State may be used for service of documents during the proceedings, provided that the party concerned has been duly informed about this consequence at the time the document instituting the proceedings was served.";
Amendment 85 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The receiving agency shall inform the addressee, using the standard form set out in Annex II, that he or she may refuse to accept the document to be served if it is not written in, or accompanied by an official translation into, either of the following languages:
Amendment 90 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 4
Article 8 – paragraph 4
4. If the addressee has refused to accept the document in accordance with paragraphs 1 and 2, the court or authority seised with the legal proceedings, in the course of which service was carried out, shall verify at the earliest opportunity whether the refusal was well founded.
Amendment 91 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The service of the document may be remedied through the service on the addressee, in accordance with the provisions of this Regulation of the document accompanied by an official translation into a language provided for in paragraph 1. In that case, the date of service of the document shall be the date on which the document accompanied by thean official translation is served in accordance with the law of the Member State addressed. However, where according to the law of a Member State, a document has to be served within a particular period, the date to be taken into account with respect to the applicant shall be the date of the service of the initial document determined pursuant to Article 9(2).
Amendment 92 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 7
Article 8 – paragraph 7
7. For the purposes of paragraph 1, the diplomatic or consular agents, where service is effected in accordance with Article 13, or the authority or person, where service is effected in accordance with Article 14 or 15a, shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent immediately to those agents or to that authority or person respectively.";
Amendment 93 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1393/2007
Article 14 – title
Article 14 – title
Article 14 Service by postal or courier services
Amendment 94 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1393/2007
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Service of judicial documents may be effected directly by postal or courier services on persons domiciled in another Member State by registered letter or bundle with acknowledgement of receipt.
Amendment 96 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1393/2007
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For the purpose of this Article, service by post or courier shall be carried out by using the specific acknowledgement of receipt set out in Annex IV.
Amendment 97 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1393/2007
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Irrespective of the law of the Member State of origin, service by post or courier shall be considered as validly effected also, if the document was delivered at the addressee’s home address on adult persons who are living in the same household as the addressee or are employed there by the addressee, and who have the ability and are willing to accept the document.
Amendment 99 #
2018/0204(COD)
Service of judicial documents may be effected directly on persons domiciled in another Member State through electronic means to user accountelectronic addresses accessible to the addressee, provided that one of the following conditions isare fulfilled:
Amendment 101 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1393/2007
Article 15 – point b
Article 15 – point b
b) after the commencement of legal proceedings, the addressee gave express consent to the court or authority seised with the proceedings to use that particular user accountelectronic address for purposes of serving documents in course of the legal proceedings.";
Amendment 102 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1393/2007
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The power to adopt delegated acts referred to in Article 17 shall be conferred on the Commission for an indeterminate period of time period of five years from [the date of entry into force of this Regulation].
Amendment 108 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the conditions set out in paragraph 2 are met, reasonable efforts shall be made to inform the defendant through any available channels of communication, including means of modern remote communication technology, for which an address or an accountelectronic address is known to the court seised, that court proceedings have been instituted against him or her.
Amendment 112 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
b) the defendant has disclosed a prima facie defence to the action on the merits.
Amendment 113 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 5 – subparagraph 3
Article 19 – paragraph 5 – subparagraph 3
Such application shall not be entertained if it is filed more than twoone years following the date of the judgment.
Amendment 114 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 6
Article 19 – paragraph 6
6. After the expiry of the period of twoone years following the date of the judgment referred to in paragraph 2, the provisions of national law allowing for an extraordinary relief from the effects of the expiry of the time for appeal may not be applied in the context of challenging the recognition and enforcement of that judgment in another Member State.
Amendment 84 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12 f – paragraph 1
Article 12 f – paragraph 1
Within 30 days after receipt of this information the EPPO may object toshall decide on the opening of an investigation or to the performance of certain acts pertaining to the investigation, where necessary to. When deciding, it shall avoid jeopardising its own investigation or prosecution, and for as long as these grounds persist. Any objection shall be motivated. The EPPO shall notify to the Office without undue delay when the grounds for the objection cease to apply.
Amendment 85 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12 f – paragraph 1
Article 12 f – paragraph 1
In the event that the EPPO does not objectallows the opening of the investigation within the time period of the previous subparagraph, the Office may open an investigation, and it shall conduct it in close consultation with the EPPO.
Amendment 86 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 Regulation (EU, Euratom) No 883/2013
Article 1 – paragraph 1 – point 12 Regulation (EU, Euratom) No 883/2013
2a. Simultaneous investigations (1) In situations of an investigation in a Member State part of the EPPO and a Member State that is not part of the EPPO, the Office and the EPPO shall conclude a working arrangement pursuant to Article 99 (3) of Council Regulation (EU) 2017/1939. Such a working arrangement shall contain, as a minimum, provisions on the exchange of all information, mutual acceptance of evidence and reports, procedural safeguards equivalent to those listed in Chapter VI in Council Regulation (EU) 2017/1939, exchange of personal data. (2) Member States shall cooperate with both the Office and the EPPO and support them in their activities and respective investigations.
Amendment 50 #
2018/0136(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Respect for the rule of law is essential not only for citizens of the Union but also for entrepreneurship, innovation, investment and the smooth functioning of the internal market, which need a stable legal and institutional framework to realize their full potential and in order to achieve sustainable long-term growth.
Amendment 52 #
2018/0136(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Sound financial management can only be ensured by the Member States if public authorities act in accordance with the law, and if breaches thereof are effectively pursued by investigative and prosecution services, and if decisions of public authorities can be subject to effective judicial review by independent courts and by the Court of Justice of the European Union. This applies in particular to judicial review of the legality of measures, contracts or other instruments that result in public expenditure or debts, inter alia in the context of procurement procedures in respect of which the courts may also be seized.
Amendment 53 #
2018/0136(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 55 #
2018/0136(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 56 #
2018/0136(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 63 #
2018/0136(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 68 #
2018/0136(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Generalised deficiencies in the Member States as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review on irregularities related to the spending of the Union budget, can seriously harm the financial interests of the Union.
Amendment 78 #
2018/0136(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessn assessment by the Commission that there is a direct link between, on one hand, the malfunctioning, and on the other side, the principles of sound financial management byand the Commissprotection of the financial interests of the Union. That assessment could be based on the information, accompanied with specific evidence for such deficiencies, from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary.
Amendment 79 #
2018/0136(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The evaluation should be based on clear evidence, objective and not based on external influences, especially political ones, without discrimination of Member States, and should evaluate all Member States on an equal footing; this assessment should respect the principle of subsidiarity, necessity and proportionality; the assessment should constitute a single framework applicable to all Member States and should replace existing instruments and mechanisms such as the Cooperation and Verification Mechanism for Bulgaria and Romania.
Amendment 82 #
2018/0136(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipientsenhancing cooperation between the Member State and the European Commission by providing technical support from the European Commission's Structural Reform Support Service.
Amendment 88 #
2018/0136(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be used for a Council decision.
Amendment 101 #
2018/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of lawconstitute a threat to the implementation of the Union budget in the respective Member State;
Amendment 114 #
2018/0136(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the effective judicial review by independent courts of actions or omissions by the authorities referred to in points (a) and b) in cases of threat to the implementation of the Union budget;
Amendment 123 #
2018/0136(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The following may, in particular,shall be considered generalised deficiencies as regards the rule of law,
Amendment 125 #
2018/0136(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) endangering the independence of judiciary, by limiting the possibility for judges to work without external pressure or by exerting whatever pressure on magistrates working on cases, related to irregularities with the implementation of the Union budget;
Amendment 126 #
2018/0136(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) failing to prevent, correct and sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests in relation to the implementation of the Union budget;
Amendment 127 #
2018/0136(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law in relation to the implementation of the Union budget.
Amendment 128 #
2018/0136(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Establishing a generalised deficiency as regards the rule of law shall be based on a quantified assessment carried out by the European Commission containing clear evidence of a threat to the implementation of the Union budget in a Member State for three consecutive years. This assessment should be carried out annually for all Member States. The evaluation criteria are described in paragraph 2 of Article 3.
Amendment 130 #
2018/0136(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. One or more of the following appropriate measures mayshall be adopted in the following order:
Amendment 131 #
2018/0136(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) establishing a dialogue between the European Commission and the Member State for which the assessment has revealed widespread disregard for the rule of law;
Amendment 132 #
2018/0136(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a a (new)
Article 4 – paragraph 1 – point -a a (new)
(-a a) establishing cooperation between the Member State and the European Commission by providing technical support from the European Commission's Structural Reform Support Service;
Amendment 133 #
2018/0136(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
Article 4 – paragraph 1 – point a – introductory part
(a) after an independent assessment of the effect and proportionality of the measure taken, a Commission proposal for a Council decision to impose a financial penalty on the Member State, where the Commission implements the Union’s budget in direct or indirect management pursuant to points (a) and (c) of Article 62 of the Financial Regulation, and where a government entity is the recipient:
Amendment 134 #
2018/0136(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 135 #
2018/0136(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 140 #
2018/0136(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where the Commission finds on the basis of three consecutive assessments that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding
Amendment 146 #
2018/0136(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Member State concerned shall provide all required information and may make observations within a time limit specified by the Commission, which shall not be less than 13 months from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures.
Amendment 148 #
2018/0136(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. If the Commission considers that the proposed remedial measures are inadequate for three consecutive years, it shall establishe cooperation by providing technical support from the Structural Reform Support Service in order to undertake reforms by the Member State which do not lead to a generalised deficiency as regards the rule of law.
Amendment 150 #
2018/0136(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. WhereIf the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing ac despite the cooperation dialogue and cooperation and after an independent assessment onf the appropriate measures to the Councileffect and proportionality, it shall submit a proposal for a Council decision on financial sanctions.
Amendment 154 #
2018/0136(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. After receiving the proposal for a Council decision from the European Commission, the Council shall conduct a dialogue or a series of dialogues with the Member State and shall carefully review the assessment of the effect and proportionality of the proposed financial sanction.
Amendment 157 #
2018/0136(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the CommissionCouncil shall take any decision on a financial sanction by unanimity.
Amendment 158 #
2018/0136(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 166 #
2018/0136(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall assess on a regular basis the situation in the Member State concerned. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall submit to the Council a proposal for a decision lifting those measures in full or in part. The procedure set out in paragraphs 2, 4, 5, 6, 6a and 7 of Article 5 shall apply.
Amendment 168 #
2018/0136(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where measures concerning the suspension of the approval of one or more programmes or amendments thereof referred to in point (i) of Article 4(2)(b) or the suspension of commitments referred to in point (ii) of Article 4(2)(b) are lifted, amounts corresponding to the suspended commitments shall be entered in the budget subject to Article 7 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). Suspended commitments of year n may not be entered in the budget beyond year n+2.
Amendment 159 #
2018/0114(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The right to convert an existing company formed in a Member State into a company governed by another Member State may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors', minority shareholders' rights or rules on employees participation. In order to combat such possible abuses, a general principle of Union law, Member States are required to ensure that companies do not use the cross-border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicingtax abuses or abuses in respect of the legal or contractual rights of employees, creditors or members. In so far as it constitutes a derogation from a fundamental freedom, the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances. A procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by Member States whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down.
Amendment 196 #
2018/0114(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The issue of the pre-conversion certificate by the departure Member State should be scrutinised to ensure the legality of the cross-border conversion of the company. The competent authority of the departure Member State should decide on the issue of the pre-conversion certificate within one month of the application by the company, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or unduly prejudicingtax abuses or abuses in respect of the legal or contractual rights of employees, creditors or members. In such a case, the competent authority should carry out an in-depth assessment. However, this in-depth assessment should not be carried out systematically but it should be conducted on a case-by-case basis where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within two months informing the company that the in-depth assessment will be carried out.
Amendment 215 #
2018/0114(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The right of companies to carry out a cross-border division may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors' or members' rights or rules on employees participation. In order to combat such possible abuses, as a general principle of Union law, Member States are required to ensure that companies do not use the cross-border diviconversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicingtax abuses or abuses in respect of the legal or contractual rights of employees, creditors or members. In so far as it constitutes a derogation from a fundamental freedom, the fight against abuses must be interpreted strictly and must be based on an individual assessment of all relevant circumstances. A procedural and substantive framework which describes the margin of discretion and allows for the diversity of approaches by Member States whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down.
Amendment 235 #
2018/0114(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The issue of the pre-division certificate by the Member State of the company being divided should be scrutinised to ensure the legality of the cross-border division. The competent authority should decide whether to issue a pre-diviof the departure Member State should decide on the issue of the pre- conversion certificate within one month of the application by the company has been submitted, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicingtax abuses or abuses in respect of the legal or contractual rights of employees, creditors or members. In such a case, the competent authority should carry out an in-depth assessment. However, this in-depth assessment should not be carried out systematically but it should be conducted on a case-by-case basis where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within two months informing the company that the in-depth assessment will be carried out.
Amendment 270 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86c – paragraph 2 – point c
Article 86c – paragraph 2 – point c
Amendment 285 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3
Article 86 c – paragraph 3
3. Member States shall ensure that the competent authority of the departure Member State shall not authorise the cross- border conversion where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicingtax abuses or abuses in respect of the legal or contractual rights of employees, creditors or minority members.
Amendment 294 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86d – paragraph 1 – point d
Article 86d – paragraph 1 – point d
Amendment 301 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – point i
Article 86 d – point i
(i) details of the offer of cash compensation for the members opposing the cross-border conversion in accordance with Article 86j;
Amendment 316 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 2
Article 86 d – paragraph 2
2. In addition to the official languages of the departure and destination Member States, Member States shall allow the company carrying out the cross-border conversion to use a language customary in the sphere of international business and finance in order to draw up the draft terms of a cross-border conversion and all other related documents. Member StatesThe company shall specify which language will prevail in case of discrepancies among different linguistic versions of those documents.
Amendment 666 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Amendment 676 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
3. The Member State of the company being divided shall ensure that the competent authority shall not authorise the division when it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicingtax abuses or abuses in respect of the legal or contractual rights of employees, creditors or members.
Amendment 682 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Amendment 686 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
(q) details of the offer of cash compensation for the members opposing the cross-border division in accordance with Article 160l;
Amendment 93 #
2018/0113(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to cut costs and reduce administrative burden for companies, Member States should apply the ‘once- only’ principle in the area of company law. Applying the once-only principle entails that companies are not asked to submit the same information to public authorities more than once. For example, companies should not have to submit the same information both to the national register and to the national gazette. Instead, the register should provide the information already submitted directly to the national gazette. Similarly, where a company is incorporated in one Member State and wants to register a branch in another Member State, it should be possible for the company to make use of the information or documents previously submitted to a register. Furthermore, where a company is incorporated in one Member State but has a branch in another Member State it should be possible for the company to submit certain changes to their company information only to the register where the company is registered, without the need to submit the same information to the register where the branch is registered. Instead, information such as change of company name or change of registered office of the company should be exchangtransferred electronically, automatically and immediately, between the register where the company is registered and the register where the branch is registered using the system of interconnection of registers.
Amendment 102 #
2018/0113(COD)
Proposal for a directive
Recital 24
Recital 24
(24) When registering a branch of a company registered in another Member State, Member States should also be able to verify certain information about the company through the interconnection of registers when a branch is registered in that Member State. Furthermore, where a branch is closed in one Member State, the register of that Member State should inform the Member State where the company is registered of this automatically and immediately through the system of interconnection of registers and both registers should record this information.
Amendment 107 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13a – paragraph 3
Article 13a – paragraph 3
(3) “online registration” means the formation of a companydigitalised process of formation of a company and its entry in a business register as a legal entity;
Amendment 109 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13a – paragraph 4
Article 13a – paragraph 4
(4) “instrument of constitution template” means a model for the instrument of constitution of a companywhereby a company is constituted, which is drawn up by Member States in compliance with national law and is used for the online registration of a company;
Amendment 122 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 3
Article 13b – paragraph 3
3. Where a Member State recognises identification means referred to in paragraph 2 for the purpose of completing online registration and online filing, that Member State shall also recognise the same type of identification means issued by another Member State. For the purposes of this paragraph, Member States shall publish a list of the means of electronic identification which they recognise.
Amendment 135 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13c – paragraph 2
Article 13c – paragraph 2
2. Any fees charged by the registers, referred to in Article 16, for the online registration of, or the online filing by, a company or a branch shall not exceed the administrative costs of providing the service.(Does not affect the English version)
Amendment 138 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Where the completion of a procedure laid down in this Chapter requires a payment, Member States shall ensure that the payment can be made by means of a cross- border payment service widely available in cross- border payment servicesthat permits identification of the payer.
Amendment 142 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 1 – point b
Article 13e – paragraph 1 – point b
(c) requirements relating to the authentication of documents and information to be submitted as part of the online registration procedure;(Does not affect the English version)
Amendment 145 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 1 – point d
Article 13e – paragraph 1 – point d
(d) rules relating to the means of identification required as part of the online registration and filing.(Does not affect the English version)
Amendment 192 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 1
Article 13g – paragraph 1
1. Member States shall make instrument of constitution templates available on registration portals or websites that are part of the Single Digital Gateway for the types of companies listed in Annex IIA. Member States may also make instrument of constitution templates available online for the registration of those types of companies listed in Annex II other than those listed in Annex IIA.
Amendment 201 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 2 a (new)
Article 13g – paragraph 2 a (new)
2a. Member States may also make available on registration portals or websites that are part of the Single Digital Gateway other types of document templates required for the online registration of companies.
Amendment 233 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2017/1132
Article 16a – paragraph 2
Article 16a – paragraph 2
All documents and information referred to in Article 14, irrespective of the means through which they are filed, shall be kept in the file in the register or entered directly into it in electronic form. Member States shall ensure that all such documents and information which are filed by paper means are converted by the register to electronic form as quickly as possible.
Amendment 276 #
2018/0108(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Network-based services can be provided from anywhere and do not require a physical infrastructure, premises or staff in the relevant country. As a consequence, relevant electronic information serving as evidence is often stored outside of the investigating State or by a service provider established outside of this State. Frequently, there is no other connection between the case under investigation in the State concerned and the State of the place of storage or of the main establishment of the service provider.
Amendment 293 #
2018/0108(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This instrument lays down the rules under which a competent judicial authority in a Member State of the European Union may order a service provider offering services in the Union to produce or preserve electronic evidence through a European Production or Preservation Order. This Regulation is applicable in all cases where the service provider is established or represented in another Member State. For domestic situations where the instruments set out by this Regulation cannot be used, the Regulation should not limit the powers of the national competent authorities already set out by national law to compel service providers established or represented on their territory.
Amendment 384 #
2018/0108(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) Member States are encouraged, when making a declaration concerning the applicable language regime, to include at least one language from among the official EU languages in addition to their official language(s).
Amendment 560 #
2018/0108(COD)
Article 7a Article 7a Notifications 1. In cases where the European Production Order concerns content data, and the issuing authority has reasonable grounds to believe that the person whose data are sought is not residing on its territory, the issuing authority shall submit a copy of the EPOC to the competent authority of the enforcing State at the same time the EPOC is submitted to the addressee in accordance with Article 7. 2. The notified authority may, at the earliest opportunity, inform the issuing authority of any circumstances pursuant to Article 5(7)(b) and shall endeavour to do so within 10 days. The issuing authority shall take these circumstances into account in the same way as if they were provided for under its national law and shall withdraw or adapt the Order where necessary to give effect to these grounds if the data has yet to be provided. In case of withdrawal the issuing authority shall immediately inform the addressee.
Amendment 565 #
2018/0108(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The EPOC or the EPOC-PR shall be directly transmitted, in a secure and reliable manner, by any means capable of producing a written record under conditions allowing the addressee to establish its authenticity.
Amendment 587 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly, and in a secure and reliable manner enabling its authenticity and integrity to be established, to the issuing authority or the law enforcement authorities as indicated in the EPOC at the latest within 10 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure.
Amendment 701 #
2018/0108(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The service provider may claim reimbursement of their costs by the issuing State, if this is provided by the national law of the issuing State for domestic orders in similar situations, in accordance with these national provisions. Member States shall inform the Commission on the rules for reimbursement, which the Commission shall make public.
Amendment 91 #
2018/0088(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The evaluation of Regulation (EC) No 178/200221, (“Fitness Check of the General Food Law”), found that risk communication is overall, not considered to be effective enough, which has an direct impact on consumers’ confidence on the outcome of the risk analysis process. _________________ 21 Commission Staff Working Document, Commission Staff Working Document, “The REFIT evaluation of the General Food Law (Regulation (EC) No 178/2002)”, SWD(2018)38 final, dated 15.1.2018.
Amendment 93 #
2018/0088(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is therefore necessary to ensure a comprehensive and continuous risk communication process throughout risk analysis, involving Union and national risk assessors and risk managers. That process should be combined with an open dialogue between all interested parties to ensure the coherence and, consistency and transparency within the risk analysis process.
Amendment 95 #
2018/0088(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To this effect, it is necessary to establish general objectives and principles of risk communication, taking into account the respective roles of risk assessors and managers and the need to ensure their independence.
Amendment 96 #
2018/0088(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Based on these general objectives and principles, a general plan on risk communication in real time should be established in close cooperation with the Authority and the Member States, and following the holding of the relevant public consultations.
Amendment 98 #
2018/0088(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The general plan should identify the key factors to be taken into account when risk communications’ activities are considered, such as the different levels of risk, the nature of the risk and its potential public health and environmental impact, who and what are directly or indirectly affected by the risk, the levels of risk exposure, the ability to control risk and other factors that influence risk perception including the level of urgency as well as the applicable legislative framework and relevant market context. The general plan should also identify the tools and channels to be used and should establish appropriate and timely mechanisms to ensure coherent risk communication.
Amendment 100 #
2018/0088(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is appropriate to align the composition of the Management Board of the Authority to the Common Approach on decentralised agencies, in accordance with the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies of 201222, while also taking into account the withdrawal of the United Kingdom from the EU and the legal effects of this. _________________ 22 https://europa.eu/european- union/sites/europaeu/files/docs/body/joint_ statement_and_common_approach_2012_e n.pdf.
Amendment 102 #
2018/0088(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Experience shows that the role of the Management Board of the Authority is focussed on administrative and financial aspects and does not impact on the independence of the scientific work performed by the Authority. It is thus appropriate to include representatives of all Member States in the Management Board of the Authority, while providing that those representatives should have considerable experience in particular on risk assessment, after they have made a declaration of an absence of conflict of interests.
Amendment 109 #
2018/0088(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To preserve the independence of the risk assessment from risk management and from other interests at Union level, it is appropriate that the nomination of the members of the Scientific Panels by the Member States, their selection by the Executive Director of the Authority and their appointment by the Management Board of the Authority are based on strict, transparent criteria ensuring the excellence and independence of the experts while ensuring the required multidisciplinary expertise for each Panel. It is also essential to this end that the Executive Director whose function is to defend EFSA’s interests and in particular the independence of its expertise has a role in the selection and appointment of those scientific experts. Further measures should also be put in place to ensure that scientific experts have the means to act independently of the Member States by whom they are appointed.
Amendment 111 #
2018/0088(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Authorisations procedures are based on the principle that it is for the applicant to prove that the subject matter of an authorisation procedure complies with Union safety requirements given the scientific knowledge in its possession. This principle is based on the premise that public health isand the environment are better protected when the burden of proof is on the applicant since it has to prove that a particular subject matter is safe prior to its placing on the market, instead of the public authorities having to prove that a subject matter is unsafe in order to be able to ban it from the market. Moreover, public money should not be used to commission costly studies that will in the end help the industry to place a product on the market. According to this principle and in accordance with applicable regulatory requirements, in support of applications for an authorisation under Union sectoral food law applicants are required to submit relevant studies, including tests, to demonstrate the safety and in some cases the efficacy of a subject matter.
Amendment 113 #
2018/0088(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Provisions exist on the content of applications for authorisations. It is essential that the application for authorisation submitted to the Authority for its risk assessment meets the applicable specifications to ensure the best quality scientific assessment by the Authority. Applicants and in particular small- and medium-sized enterprises do not always have a clear understanding of these specifications. It should be thus appropriate that the Authority provides advice to a potential applicant, upon request, on the applicable rules and the required content of an application for authorisation, before an application is formally submitted, while not entering into the design of the studies to be submitted that remain the applicant’s responsibility. To ensure the transparency of this process, the advice of the Authority should be made public.
Amendment 115 #
2018/0088(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The Authority should have knowledge of the subject matter of all studies performed by an applicant with a view to a future application for an authorisation under Union food law. To this end, it is necessary and appropriate that business operators commissioning the studies and laboratories carrying them out notify those studies to the Authority when commissioned. Information about the notified studies should be made public only once a corresponding application for authorisation has been made public in accordance with the applicable rules on transparencysubmitted and the Authority has published its official opinion.
Amendment 117 #
2018/0088(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) There are certain public concerns about the Authority’s assessment in the area of authorisation being primarily based on industry studies. The Authority already makes searches in scientific literature to be able to consider other data and studies existing on the subject matter submitted to its assessment. In order to provide an additional level of guarantee ensuring that the Authority can have access to all relevant scientific data and studies available on a subject matter of an authorisation procedure, it is appropriate to provide for a consultation of non- interested third parties in order to identify whether other relevant scientific data or studies are available. To increase the effectiveness of the consultation, the consultation should take place when the studies submitted by industry included in an application for authorisation are made public, under the transparency rules of this Regulation.
Amendment 119 #
2018/0088(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Studies, including tests, submitted by business operators in support of applications for authorisations under Union sectoral food law usually comply with internationally recognised principles, which provide a uniform basis for their quality in particular in terms of reproducibility of results. However, issues of compliance with the applicable standards may arise in some cases and this is why national systems are in place to verify such compliance. It is appropriate to provide an additional level of guarantees to reassure the general public on the quality of studies and to lay down an enhanced auditing system whereby Member State controls on the implementation of those principles by the laboratories carrying out such studies and tests wouldare to be verified by the Commission.
Amendment 121 #
2018/0088(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Food safety is a sensitive matter of prime interest for all Union citizens. While maintaining the principle that the burden is on the industry to prove compliance with Union requirements, it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues, namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment. Considering that it would be financed by the Union budget and that the use of this exceptional verification tool should remain proportionate, the CommissionAuthority should be responsible for triggering the commissioning of such verification studies. Account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake (for example new scientific developments becoming available).
Amendment 125 #
2018/0088(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) It is therefore necessary to strengthen the transparency of the risk assessment process in a proactive manner. Public access to all scientific data and information supporting requests for authorisations under Union food law as well as other requests for scientific output should be ensured, as early as possible in the risk assessment process. However, this process should be without prejudice to existing intellectual property rights or to any provisions of Union food law protecting the investment made by innovators in gathering the information and data supporting relevant applications for authorisations.
Amendment 137 #
2018/0088(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Having regard to the fact that the Authority would be required to store scientific data, including confidential and personal data, it is necessary to ensure that such storage is carried out in accordance with a high level of security and in full compliance with the Data Protection Regulation.
Amendment 140 #
2018/0088(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) For the purposes of ensuring the transparency and independence of the risk assessment process, it is also necessary to extend the scope of Regulation (EC) No 178/2002, currently limited to food law, to also cover applications for authorisations in the context of Regulation (EC) No 1831/2003 as regards feed additives, Regulation (EC) No 1935/2004 as regards food contact materials and Regulation (EC) No 1107/2009 as regards plant protection products.
Amendment 150 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 178/202
Article 8a – point fa (new)
Article 8a – point fa (new)
fa) combat sources and dissemination of false and misleading information;
Amendment 154 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 178/2002
Article 8b – point d
Article 8b – point d
Amendment 158 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 178/2002
Article 25 – paragraph 1a – point b
Article 25 – paragraph 1a – point b
b) onetwo members and their substitutes appointed by the European Parliament, with the right to vote.
Amendment 160 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 178/2002
Article 25 – paragraph 1a – point c
Article 25 – paragraph 1a – point c
c) fourive members with the right to vote representing civil society and food chain interests namely, one from consumers organisations, one from environmental non-governmental organisations, one from farmers organisations and one from industry organisationsthe agrochemical industry and one from the food industry. Those members shall be appointed by the Council in consultation with the European Parliament on the basis of a list drawn up by the Commission which includes more names than there are posts to be filled. The list drawn up by the Commission shall be forwarded to the European Parliament, together with the relevant background documents. As quickly as possible and within three months of notification, the European Parliament may submit its views for consideration to the Council, which shall then appoint those members.
Amendment 164 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 178/2002
Article 28 – paragraph 5a – point a
Article 28 – paragraph 5a – point a
а) The Executive Director, after consulting the Management Board, shall send to the Member States the request for the specific multidisciplinary expertise needed in each Scientific Panel and shall indicate the number of experts to be nominated by the Member Statesrequired. The Executive Director shall notify the Member States of the Authority’s independence policy and implementing rules applicable to Scientific Panels’ members. Member States shall launch a call for interest as a basis for their nominations. The Executive Director shall inform the Management Board of the requests sent to the Member States.
Amendment 165 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 178/2002
Article 28 – paragraph 5a – point b
Article 28 – paragraph 5a – point b
b) Member States shallmay nominate experts with a view to collectively reach the numberfor the fields indicated byon the Executive Director. Each Member State shall nominate at least 12 scientific expertsbasis of a call for expressions of interest. Member States may also nominate nationals of other Member States.
Amendment 166 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 178/2002
Article 28 – paragraph 5a – point c
Article 28 – paragraph 5a – point c
c) On the basis of the nominations made by Member Stateson the basis of the expressions of interest, the Executive Director shall draw for each Scientific Panel a list of experts larger than the number of members to be appointed. The Executive Director may not draw up such a list where he/she can justify that the nominations received do not allow him, given the criteria for selection set up in point d) of this paragraph, to draw up a larger list. The Executive Director shall submit the list to the Management Board for appointment.
Amendment 169 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 178/2002
Article 28(5d)
Article 28(5d)
5d. The Member States shall put in place measures ensuring that the members of the Scientific Panels nominated by them act independently and remain free from conflict of interests as provided for in Article 37(2) and the Authority’s internal measures. Member States shall ensure that the members of the Scientific Panels have the means to dedicate the necessary time and effort to contribute to the work of the Authority. Member States shall ensure that the members of the Scientific Panels do not receive any instruction at any national level and that their independent scientific contribution to the risk assessment system at Union level is recognised as a priority task for the protection of the safety of the food chain.
Amendment 174 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 178/2002
Article 326 – paragraph 1a (new)
Article 326 – paragraph 1a (new)
1а. Any studies commissioned shall take account of Directive 2010/63/EU on the protection of animals used for scientific purposes.
Amendment 175 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 178/2002
Article 32b – paragraph 3
Article 32b – paragraph 3
3. The notified information shall be made public only in case a corresponding application for authorisation has been received and after the Authority has decided on the disclosure of the accompanying studies and its scientific opinion in accordance with Article 38 and Articles 39 to 39f.
Amendment 177 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 178/2002
Article 32b – paragraph 4a (new)
Article 32b – paragraph 4a (new)
4а. This Article shall not be applicable to studies commissioned before [date of entry into force of this Regulation].
Amendment 179 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 178/2002
Article 32d
Article 32d
The Commission experts shall perform controls, including audits, to obtain assurance that testing facilities comply with relevant EU and external standards for carrying out tests and studies submitted to the Authority as part of an application for an authorisation under Union food law. These controls shall be organised in cooperation with the competent authorities of the Member States and/or of the third countries concerned.
Amendment 182 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 178/2002
Article 32d – paragraph 1
Article 32d – paragraph 1
Without prejudice to the obligation of applicants for authorisations under food law to demonstrate the safety of a subject matter submitted to a system of authorisation, the Commission, in exceptional circumstances, may request the Authority toAuthority may, where the scientific data and findings conflict with one another, commission scientific studies with the objective of verifying evidence used in its risk assessment process. The studies commissioned may have a wider scope than the evidence subject to verification.
Amendment 186 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point а
Article 1 – paragraph 1 – point 5 – point а
Regulation (EC) No 178/2002
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
Amendment 187 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point а
Article 1 – paragraph 1 – point 5 – point а
Regulation (EC) No 178/2002
Article 38 – paragraph 1 – point d
Article 38 – paragraph 1 – point d
d) the information on which its scientific outputs, including scientific opinions are based, taking into account protection of confidential data and protection of personal data in accordance with Articles 39 to 39f;eleted
Amendment 188 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point а
Article 1 – paragraph 1 – point 5 – point а
Regulation (EC) No 178/2002
Article 38 – paragraph 1 – point i
Article 38 – paragraph 1 – point i
Amendment 189 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point а a (new)
Article 1 – paragraph 1 – point 5 – point а a (new)
(аа) The following paragraph 1 -a shall be added: (1-a) At the time of publication of its scientific opinion, the Authority shall also make the following public: (а) scientific data, studies and other information supporting applications for authorisation under Union food law, including supplementary information supplied by applicants, as well as other scientific data and information supporting requests from the European Parliament, the Commission and the Member States a scientific opinion, taking into account protection of confidential information and protection of personal data in accordance with Articles 39 to 39f. b) the information on which its scientific outputs, including scientific opinions are based, taking into account protection of confidential data and protection of personal data in accordance with Articles 39 to 39f; c) information concerning the consultation sessions with applicants conducted by the Authority pursuant to Article 32a and 32c prior to their applications.
Amendment 198 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 178/2002
Article 39 – paragraph 2 – point 3
Article 39 – paragraph 2 – point 3
(3) commercial information revealing sourcing, market shares, innovative product ideas or business strategy of the applicant; and
Amendment 206 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 178/2002
Article 39b – paragraph 1 – point a
Article 39b – paragraph 1 – point a
Amendment 209 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 178/2002
Article 39b – paragraph 1 – point e
Article 39b – paragraph 1 – point e
e) make public any additional data and information for which the confidentiality request has not been accepted as justified not earlier than two weeks after the notification of its decision to the applicant has taken place, pursuant to point (d)publish non-confidential data and information relating to the application only once a final decision has been taken in respect of the confidentiality request pursuant to this Article and the Authority has published its scientific opinion. Where an applicant withdraws the application pursuant to Article 39(c) because the applicant deems the publication of the information planned by the Authority to be too comprehensive, the Authority, the Commission and the Member States shall refrain from publishing any information on the application for authorisation.
Amendment 210 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 178/2002
Article 39d – paragraph 1
Article 39d – paragraph 1
Amendment 211 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 178/2002
Article 39d – paragraph 2
Article 39d – paragraph 2
2. The Commission and the Member States shall take the necessary measures so that information received by them under Union food law for which confidential treatment has been requested is not made public until a decision on the confidentiality request has been taken by the Authority and has become definitiveits scientific opinion has been published. The Commission and the Member States shall also take the necessary measures so that information for which confidential treatment has been accepted by the Authority is not made public.
Amendment 212 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 178/2002
Article 39d – paragraph 3
Article 39d – paragraph 3
3. If an applicant in the context of an authorisation procedure withdraws or has withdrawn an application, the Authority, the Commission and the Member States shall respect the confidentiality of commercial and industrial information as accepted by the Authority in accordance with Articles 39to 39f. The application shall be considered withdrawn as of the moment the written request is received by the competent body that had received the original application. Where the withdrawal of the application takes place before the Authority has decided on the relevant confidentiality request, the Authority, the Commission and the Member States shall not make public theany information for which confidentiality has been requestedrelating to the planned application.
Amendment 217 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 178/2002
Article 39e (2)
Article 39e (2)
2. Notwithstanding paragraph 1, disclosure of names and addresses of natural persons involved in testing on vertebrate animals or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons and shall not be made publicly available, unless there is an overriding public interest.
Amendment 230 #
2018/0088(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2001/18/EC
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Where the relevant Scientific Committee is consulted under paragraph 1, it shall make public the notification/application, relevant supporting information and any supplementary information supplied by the notifier/applicant, as wellt the same time as its scientific opinions, in accordance with Article 38 and Articles 39 to 39f of Regulation (EC) No 178/2002, which shall apply mutatis mutandis, and Article 25 of this Directive.”.
Amendment 231 #
2018/0088(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
Regulation (EC) No 1829/2003
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Authority shall make public the application for authorisation, relevant supporting information and any supplementary information supplied by the applicant, as wellt the same time as its scientific opinions and opinions from the competent authorities referred to in Article 4 of Directive 2001/18/EC, in accordance with Article 38, Articles 39 to 39f and Article 40 of Regulation (EC) No 178/2002 and taking into account Article 30 of this Regulation..
Amendment 236 #
2018/0088(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1 – point б
Article 4 – paragraph 1 – point 1 – point б
Regulation (EC) No 1831/2003
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
c) ensure public access to the application and any information supplied by the applicant, at the same time as to its scientific opinion, in accordance with Article 18.”;
Amendment 238 #
2018/0088(COD)
1. The Authority shall make public the application for authorisation, relevant supporting information and any supplementary information supplied by the applicant, as wellt the same time as its scientific opinions, in accordance with Article 38, Articles 39 to 39f and Article 40 of Regulation (EC) No 178/2002, which shall apply mutatis mutandis.
Amendment 244 #
2018/0088(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point а
Article 5 – paragraph 1 – point 1 – point а
Regulation (EC) No 2065/2003
Article 7 – paragraph 2 – point c – point ii
Article 7 – paragraph 2 – point c – point ii
(ii) ensure public access to the application, relevant supporting information and any supplementary information supplied by the applicant, when it publishes its scientific opinion, in accordance with Articles 14 and 15.”;
Amendment 245 #
2018/0088(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2
Article 5 – paragraph 1 – point 2
Regulation (EC) No 2065/2003
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Authority shall make public, at the same time as its scientific opinion, the application for authorisation, relevant supporting information and any supplementary information supplied by the applicant as well as its scientific opinions, in accordance with Article 38, Articles 39 to 39f and Article 40 of Regulation (EC) No 178/2002.;
Amendment 249 #
2018/0088(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point а
Article 6 – paragraph 1 – point 1 – point а
Regulation (EC) No 1935/2004
Article 9 – paragraph 1 – point c – point ii
Article 9 – paragraph 1 – point c – point ii
Amendment 250 #
2018/0088(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2
Article 6 – paragraph 1 – point 2
Regulation (EC) No 1935/2004
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Authority shall make public the application for authorisation, relevant supporting information and any supplementary information supplied by the applicant, as wellt the same time as its scientific opinions, in accordance with Article 38, Articles 39 to 39f and Article 40 of Regulation (EC) No 178/2002, which shall apply mutatis mutandis and Article 20 of this Regulation.”;
Amendment 256 #
2018/0088(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
Regulation (EC) No 1331/2008
Rule 11 – paragraph 1
Rule 11 – paragraph 1
Amendment 265 #
2018/0088(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 1 – point б
Article 9 – paragraph 1 – point 1 – point б
Regulation (EC) No 2015/2283
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where the Commission requests an opinion from, the European Food Safety Authority (‘the Authority’), the Authority shall ensure public access to the application in accordance with Article 23 and shall givewhen it publishes its opinion as to the question of whether the update is liable to have an effect on human health.”;
Amendment 266 #
2018/0088(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 3 – point б
Article 9 – paragraph 1 – point 3 – point б
Regulation (EC) No 2015/2283
Article 16 – paragraph 2
Article 16 – paragraph 2
The Authority shall ensure public access to the application, relevant supporting information and any supplementary information supplied by the applicantnon-confidential elements of the application, and to the notification concerning safety concerns under Article 15, at the same time as it publishes its scientific opinion in accordance with Article 23.”;
Amendment 267 #
2018/0088(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 4
Article 9 – paragraph 1 – point 4
Regulation (EC) No 2015/2283
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Where the Commission requests its opinion in accordance with Articles 10(3) and 16 of this Regulation, the Authority shall make public the application for authorisation, relevant supporting information and any supplementary information supplied by the applicant, as well as its scientific opinions, in accordance with Article 38, Articles 39 to 39f and Article 40 of Regulation (EC) No 178/2002 and with this Article, at the same time as it publishes its opinion concerning the application.
Amendment 18 #
2018/0044(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The proper functioning of the internal market requires, - in order to improve the predictability of the outcome of litigation, legal certainty as to the law applicable and the free movement and recognition of judgments, - for the conflict of law rules in the Member States to designate as the applicable law the same national law irrespective of the Member State of the court in which an action is brought.
Amendment 32 #
2018/0044(COD)
(25) In accordance with market practice and the needs of market participants, the third-party effects of certain assignments of claims should, as an exception, be governed by the law of the assigned claim, that is, the law that governs the initial contract between the creditor and the debtor from which gives rise to the claim arises.
Amendment 37 #
2018/0044(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The scope of the national law designated by this Regulation as the law applicable to the third-party effects of an assignment of claims should be uniform. The national law designated as applicable should govern in particular (i) the effectiveness of the assignment against third parties, that is, the steps and procedures that need to be takenadopted by the assignee in order to ensure that he acquires legal title over the assigned claim (for example, registering the assignment with a public authority or registry, or notifying the debtor in writing of the assignment); and (ii) priority issues, that is, conflicts between several claimants as to who has title over the claim (for example, between two assignees where the same claim has been assigned twice, or between an assignee and a creditor of the assignor).
Amendment 65 #
2018/0044(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Nothing in this Regulation shall restrict the application of the overriding mandatory provisions of the law of the competent forum.
Amendment 68 #
2018/0044(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The application of a provision of the law of any country specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the competent forum.
Amendment 6 #
2017/2273(INI)
Motion for a resolution
Citation 19
Citation 19
Amendment 27 #
2017/2273(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the large number of infringement procedures in 2016 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge and priority; considers that some of those infringements are the result of the lack of resources dedicated to public administration in some Member States, sometimes as a result of ill-advised austerity measures;
Amendment 54 #
2017/2273(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Commission has a duty to monitor and assess the correct implementation of Union law and respect for the principles and objectives enshrined in the Treaties by the Member States and all the Union institutions and bodies; recommends, therefore, that this task is taken into consideration within the policy cycle for democracy, the rule of law and fundamental rights (DRF policy cycle); recalls, in this connection, its resolution of 25 October 2016, advising the Commission to bundle, from 2018 onwards, its relevant annual thematic reports with the outcome of existing monitoring mechanisms and periodic assessment tools, to be presented in due time;
Amendment 58 #
2017/2273(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the Commission's commitment to actively help Member States transpose and implement European legislation by preparing implementation plans for certain directives and regulations;
Amendment 62 #
2017/2273(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 67 #
2017/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 69 #
2017/2273(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 72 #
2017/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 77 #
2017/2273(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to enhance, where possible and necessary, the portion of the European Social Fundfinancial resources dedicated to ‘enhancing institutional capacity of public authorities and stakeholders and efficient public administration’ (Thematic Objective 11)14in order to promote social welfare and economic development, and to enhance the effectiveness of beneficial legislation; _________________ 14Article 3(d) of Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006; OJ L 347, 20.12.2013, p. 470.
Amendment 80 #
2017/2273(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to pay particular attention to its control over the implementation of Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market15, and to launch the necessary infringement proceedings where necessary, being particularly vigilant with regard to incorrect or bad application; _________________ 15 OJ L 193, 19.7.2016, p. 1. OJ L 193, 19.7.2016, p. 1.
Amendment 86 #
2017/2273(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to pay particular attenticontinue to mon itor the implementation of measures adopted in the area of asylum and migration, so as to ensure thatincluding theyir comply with the principles enshrined in the CFREU, and to launch the necessary infringement proceedings where relevantiance with the CFREU, and to work with the Member States to overcome any difficulties they may encounter in that implementation;
Amendment 88 #
2017/2273(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to respond effectively to the developing migration and security situations and to enforce the European Agenda on Migration and the related implementation packages efficiently; asks the Member States to implement the Return Directive (2008/115/EC)16 correctly and to report regularly on the implementation of the European Agenda on Migration; _________________ 16; asks the Member States to implement the Return Directive (2008/115/EC) including by seeking the assistance of Frontex for effective returns, and to swiftly reach an agreement on amending the EU asylum legislation; OJ L 348, 24.12.2008, p. 98.
Amendment 78 #
2017/2256(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the cooperation between the European Border and Coast Guard Agency, Operation EUNAVFOR Sophia and NATO in combating human trafficking;
Amendment 148 #
2017/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that all the Member States should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing and expertise, establishing the necessary command and control structures and formulating up-to-date risk analyses in accordance with Regulation (EU) 2016/1624 for all tiers of command to facilitate effective operations; stresses too the need for all Member States to show effective solidarity with those on the front line;
Amendment 196 #
2017/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to further develop mutual cross-border police cooperation through joint threat assessment, risk analysis and patrols; calls for the full implementation of the Prüm Convention and adhesion to the European Information Exchange Model and the Swedish Initiative; calls on the Member States to improve their national law enforcement cooperation structures and to improve practical cooperation, in particular with neighbouring Member States and in relation to combating terrorism and preventing terrorist attacks;
Amendment 221 #
2017/2256(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls for the cooperation between the European Border and Coast Guard Agency, EUNAVFOR Sophia and NATO in combating human trafficking in the Mediterranean Sea to be continued;
Amendment 227 #
2017/2256(INI)
29. Recalls the high priority given to the reform of the Common European Asylum System (CEAS) as part of the holistic approach to tackling the refugee and migration crisis and the Commission’s Agenda on Migration; calls on the Council to swiftly follow Parliament in adopting a mandate for negotiations on every proposal in this regard; stresses that the reform should result in the introduction of compulsory security checks on all incoming migrants and in applicants for asylum being distinguished from economic migrants; highlights that the new European Agency for Asylum has still to be approved and urges the Council to unblock this file as a matter of urgency;
Amendment 231 #
2017/2256(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29а. Calls on the Commission to step up the negotiations with third countries on readmission agreements so that migrants who are not entitled to stay in the European Union can be returned to their countries of origin without delay;
Amendment 239 #
2017/2256(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to begin drawing up plans for the establishment of safe areas outside the European Union, in which citizens of third countries who want to apply for asylum in the EU can do so;
Amendment 246 #
2017/2256(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32а. Stresses that the enlargement of the Schengen area, without delay, to include Bulgaria, Romania and Croatia will enhance security in the European Union and improve the protection of its external borders;
Amendment 40 #
2017/2209(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 55 #
2017/2209(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that whistle-blowers are a crucial resource for investigative journalism and an independent press; calls on the Commission therefore to provide EU-wide protection in accordance with the Union objectives of democracy, pluralism of opinion and freedom of expression;
Amendment 72 #
2017/2209(INI)
Motion for a resolution
Recital И
Recital И
I. whereas, recalling the Council of Europe, whistleblowing is a fundamental aspect of freedom of expression and plays a central role in deterring and preventing wrongdoing, and in strengthening democratic accountability and transparency; whereas the adequate protection of whistleblowers at EU, national and international level is a precondition for ensuring the effectiveness of such a role;
Amendment 103 #
2017/2209(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the EU institutions to guarantee full implementation of the EU Charter of Fundamental Rights in all their decisions, actions and policies, as a means to thoroughly uphold media pluralism and media freedom; askurges the Commission, in this regard, to introduce human rights impact assessments for the evaluation of its legislative proposals and to present a proposal for the establishment of an EU mechanism on democracy, the rule of law and fundamental rights in line with the relevant Parliament resolution;
Amendment 129 #
2017/2209(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Expresses its concern, once again, at the negative and chilling effects of criminal defamation laws vis-à-vis the right to freedom of expression, freedom of the press and public debate – tools which put pressure on journalists and are essentially designed to protect public figures from criticism; reiterates its call to abolish, without delay, any criminal defamation laws and replace them with appropriate civil provisions, while avoiding excessively punitive measures and penalties;
Amendment 155 #
2017/2209(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the broad scopTakes note of the Code of Conduct on Countering Illegal Hate Speech Online, promotas strengthened by the Commission, and the large margin of manoeuvre left to private companies to determine what constitutes ‘illegality’, which cbut points out that the code should pnotentially lead to censorship and arbitrary restrictions on freedom of expression;
Amendment 195 #
2017/2209(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call ton the Commission and the Member States to adopt and implement adequate, advanced and comprehensive whistleblower protection systems by fully endorsing the Council of Europe’s recommendations and by providing appropriate follow-up to the recent Parliament Rresolutions of 14 February 2017 and 24 October 2017;
Amendment 3 #
2017/2203(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC,
Amendment 5 #
2017/2203(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC of 5 July 2016,
Amendment 48 #
2017/2203(INI)
Motion for a resolution
Recital E
Recital E
E. whereas there is a need for a preventive strategy based on the exchange of basic information among intelligence agencies involved in combating the financing of terrorism and for improved cooperation among financial intelligence units, among law-enforcement agencies and between intelligence services and law- enforcement agencies;
Amendment 116 #
2017/2203(INI)
Motion for a resolution
Paragraph 1 – point а
Paragraph 1 – point а
(а) takes the view that a preventive strategy based on the exchange of basic information among intelligence agencies is vital in combating the financing of terrorism; calls on Europe’s intelligence agencies to improve coordination by setting up a European counter-terrorism intelligence platform with an in-depth focus on the exchange of basic information; that platform will create a joint database for data on physical and legal persons and suspicious transactions; emphasises that the information concerned must include, inter alia, a directory of banks, financial institutions and commercial entities both within and outside Europe, as well as high-risk third countries which have shortcomings when it comes to combating money laundering and the financing of terrorism; calls on the Commission to draw up such a directory as quickly as possible, on the basis of its own criteria and analysis in accordance with Directive 2015/849; reiterates that those responsible for committing, organising or supporting terrorist acts must be held to account for their actions;
Amendment 127 #
2017/2203(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) calls on the Commission to provide funding for programmes fostering the sharing of best practice among Europe’s intelligence agencies; welcomes the financial resources earmarked for the exchange of best practices in the investigation and analysis of the methods used by terrorists and terrorist organisations to collect and transfer funds for terrorist purposes;
Amendment 133 #
2017/2203(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) maintains, as reiterated by the Financial Action Task Force (FATF), that it is extremely important that information- sharing should be improved, and speeded up, among financial intelligence units, andbetween financial intelligence units and the security forces, between law enforcement and intelligence agencies within jurisdictions, among different jurisdictions, as well as in the private sector, especially the banking sector;
Amendment 142 #
2017/2203(INI)
(d) calls on the Member States to make better use of the informal network of European Financial Information Units (FIU.net), on the basis of the work done by Europol for the purpose of sharing the information concerned with the European counter- terrorism intelligence platform;
Amendment 160 #
2017/2203(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) welcomes the Commission’s proposal to facilitate cross-border access for law enforcement agencies to bank account registers, spefor the establishment of bank account registers and for facilitating access to them by financial intelligence units and other competent authorities engaged ing up the process of identifying the assets of terrorists in other Member States so that, once terrorists are identifi combating money laundering and the financing of terrorism; notes that the Commission is shortly to propose an initiative to give law-enforcement agencies wider access to the registers; underscores the need, twhe transactions they have made prior to attacks can be investigated, and any contacts they have had with other possible suspects can be identifiedn exchanging bank account information, to observe the rules on police cooperation and judicial cooperation, particularly in the context of criminal proceedings; calls, in that regard, on the Member States which have not yet transposed Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014, regarding the European Investigation Order in criminal matters, to do so as soon as possible;
Amendment 211 #
2017/2203(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
(k) calls on the EU Member States to establish a monitoring system to ensure thatsystem for supervision of the financing, especially from abroad, of mosques, Islamic cultural associations and similar entities provide details of how the funds they receive are distributed, both within and outside the EU, and, as well as the distribution of their funds; calls for all the transactions made by those sending funds to be recorded in a centralised database, set up with all the appropriate guarantees; calls for the introduction of mandatory ex ante monitoring, by charities themselves, of the source of money and its destination where charities are concerned, so as to prevent money being distributed maliciously or negligently for terrorist purposes;
Amendment 247 #
2017/2203(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
Amendment 7 #
2017/2065(INI)
Draft opinion
Recital A
Recital A
A. whereas the European Union is bound by the Charter of Fundamental Rights of the European Union, including Article 8 thereof on the right to the protection of personal data and Article 16 on the freedom to conduct a business, by Article 16 of the Treaty on the Functioning of the European Union (TFEU) on the same fundamental rightright to the protection of personal data, and by Article 2 of the Treaty on European Union (TEU);
Amendment 10 #
2017/2065(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the free flow of data is integral to the modern economy, allows for the offering of cross-border services thus creating many tangible benefits for users, fosters the global outreach of European companies, including SMEs, and is set to increase even more in the coming years;
Amendment 19 #
2017/2065(INI)
Draft opinion
Recital F
Recital F
F. whereas trade agreements can be a lever to improve digital rights; whereas the inclusion of provisions on net neutrality, forced data localisationconditions for legitimate data localisation requirements, security of data processing and data storage, encryption and intermediary liability in trade agreements can strengthen the protection of freedom of speech in particular;
Amendment 27 #
2017/2065(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Advocates the use of all instruments provided for under the GDPR, in order to foster exchange of data for business purposes within a predictable and strong legal framework while acknowledging the fact that EU rules on the transfer of personal data may prohibit the processing of such data in third countries if they do not meet the EU adequacy standard;
Amendment 31 #
2017/2065(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to tackle all forms of digital protectionism, including unjustified data localisation requirements, as such protectionism for purposes other than data protection, notably to secure advantages for the domestic economy or to allow for state control of access and information, as such protectionism seriously hampers opportunities for European businesses in third country markets and is contrary to the EU’s data protection rules;
Amendment 35 #
2017/2065(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that any restriction on data flows has to be justified, necessary, proportionate, non-discriminatory, reasoned, and causing minimum disruption to businesses and international trade;
Amendment 37 #
2017/2065(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to propose an ambitious EU strategy on digital trade, to act as the benchmark for setting high data protection standards on data flows at international level, including within the Council of Europe, the OECD and the WTO, and to consult the appropriate EU data protection institutions and bodies during the negotiation process of international or trade agreements that may potentially impact data protection.
Amendment 20 #
2017/2010(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. NotWelcomes the initiative announced by the President of the Commission Jean- Claude Junker during his State of the Union Address 2017 to create a Task Force dedicated to Subsidiarity and Proportionality and headed by Commission Vice-President Frans Timmermans, which will include Members of the European Parliament and of national parliaments; invites the Commission to provide Parliament with more complete information about the proposed organisation and competences of this Task Force;
Amendment 29 #
2017/2010(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the adoption by the Commission in May 2015 of a new Better Regulation package to ensure, inter alia, that that EU legislation serves the public interest more effectively and guarantees the principles of subsidiarity and proportionality are applied in a more integrated and comprehensive manner; considers that the new Better Regulation framework should be a tool for the European Union to deliver legislation in full compliance with the principles of subsidiarity and proportionality; stresses, notwithstanding the above, that it should not give rise to unnecessary delays in the adoption of the relevant legislation;
Amendment 32 #
2017/2010(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6а. Welcomes the publication, on 24 October 2017,of the Communication from the Commission on Completing the Better Regulation Agenda: Better solutions for better results, in which the Commission details its efforts to increase the transparency, legitimacy and accountability of its work on better lawmaking, in particular with regard to the consultation process and the possibilities for the parties concerned to give their views on its proposals;
Amendment 35 #
2017/2010(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the introduction by the Commission, in 2015,of new consultation and feedback mechanisms for new policy initiatives;
Amendment 44 #
2017/0288(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To ensure a coherent legislation framework ofor the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter- urban carriage by regular services. The scope of that Regulation should therefore be extendedEuropean Union is paramount in order to prevent legal ambiguity. The scope of that Regulation should therefore be consistent with the provisions of a Regulation (EC) No1370/2007.
Amendment 49 #
2017/0288(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) An independent and impartial regulatory body should be designated in each Member StateEach Member State shall designate a national competent authority to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications.
Amendment 57 #
2017/0288(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory bodnational competent authority should be able to carry out an objective economic analysis to ensure that this is the case.
Amendment 66 #
2017/0288(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.national competent authority
Amendment 72 #
2017/0288(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.
Amendment 77 #
2017/0288(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers by attending a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70.
Amendment 80 #
2017/0288(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. The journey form constitutes an unnecessary administrative burden and should therefore be abolished.
Amendment 104 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 1073/2009
Article 2 – paragraph 7
Article 2 – paragraph 7
7. ‘cabotage operation’ means a national road passenger transport service operated for hire or reward on a temporary basis in a host Member State;;
Amendment 107 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c – introductory part
Article 1 – paragraph 1 – point 2 – point c – introductory part
(c) the following points 9 to 11 a are added:
Amendment 115 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 9
Article 2 – paragraph 9
9. ‘terminal’ means any staffed facility with a minimumhere according to the specified route a rea of 600m2, which provides a parking place that is used by coaches and buses for the setgular service is scheduled to stop for passengers to board or alight, equipped with facilities such as a check-in counter, waiting downroom or pticking up of passengerset office;
Amendment 130 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 11 a (new)
Article 2 – paragraph 11 a (new)
11a. ‘public service contract’ means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; depending on the law of the Member State, the contract may also consist of a decision adopted by the competent authority: – taking the form of an individual legislative or regulatory act, or – containing conditions under which the competent authority itself provides the services or entrusts the provision of such services to an internal operator;
Amendment 136 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009
Amendment 140 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1
Article 3 a – paragraph 1
Each Member State shall designate a single national regulatory bodcompetent authority for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contracte national competent authority may be responsible for other regulated sectors.
Amendment 144 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1 – subparagraph 2
Article 3 a – paragraph 1 – subparagraph 2
Amendment 146 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 2
Article 3 a – paragraph 2
Amendment 152 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3
Article 3 a – paragraph 3
3. The regulatory bodnational competent authority shall perform the following tasks::
Amendment 163 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
Article 3 a – paragraph 4
The regulatory bodnational competent authority may, in exercising its tasks, request relevant information from the other competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned.
Amendment 164 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
Article 3 a – paragraph 4
Information requested shall be supplied within a reasonable period set by the regulatory bodnational competent authority and not exceeding one month. In justified cases, the regulatory bodnational competent authority may extend the time limit for submission of information by a maximum of two weeks. The regulatory bodnational competent authority shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.
Amendment 167 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 5
Article 3 a – paragraph 5
5. Member States shall ensure that decisions taken by the regulatory bodnational competent authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the regulatory bodnational competent authority’s decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the Member State concerned.
Amendment 170 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 6
Article 3 a – paragraph 6
6. Decisions taken by the regulatory bodnational competent authority shall be made public.;
Amendment 171 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1073/2009
Article 3 b (new)
Article 3 b (new)
(3a) The following Article 3b is inserted before Chapter II: "Article 3b Levy on carriers providing regular coach or bus services 1. Member States which apply the provisions of Chapter III of this Regulation for national regular services may, under the conditions laid down in this Article, authorise the national competent authority to impose a levy on carrier providing passenger services for the operation of routes which fall within the jurisdiction of that authority and which are operated between two terminals in that Member State. 2. The levy is intended to compensate the authority for public service obligations laid down in public service contracts awarded in accordance with Union law. The revenue raised from such a levy and paid as compensation shall not exceed what is necessary to cover all or part of the cost incurred in the relevant public service obligations taking into account the relevant receipts and a reasonable profit for discharging those obligations. 3. The levy shall be imposed in accordance with Union law, and shall respect in particular the principles of fairness, transparency, non- discrimination and proportionality, in particular between the average price of the service to the passenger and the level of the levy. The total levies imposed pursuant to this paragraph shall not endanger the economic viability of the bus and coach passenger transport service on which they are imposed. 4. The relevant authorities shall keep the information necessary to ensure that the origin of the levies and their use can be traced. Member States shall provide the Commission with this information. 5. Based on the experience of regulatory bodies, competent authorities and carriers providing regular coach or bus services the Commission shall adopt measures setting out the details of the procedure and criteria to be followed for the application of this Article."
Amendment 172 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EC) No 1073/2009
Article 3 c (new)
Article 3 c (new)
(3b) 3c. Member States shall not apply Article 3b when they apply subsidies for the transportation of passengers on unprofitable lines and routes at the expense of a national and/or local budget.
Amendment 223 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 4
Article 5 b – paragraph 4
4. Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the regulatory bodnational competent authority.
Amendment 225 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 1
Article 5 b – paragraph 5 – subparagraph 1
Where the regulatory bodnational competent authority hears an appeal against a decision by a terminal operator, it shall adopt a reasoned decision within a fixed timeframe and, in any case within three weeks from receipt of all relevant information.
Amendment 228 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
The decision of the regulatory bodnational competent authority on the appeal shall be binding. The regulatory bodnational competent authority shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive
Amendment 238 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given three months’ notice to the carrier. The carrier shall have the possibility to appeal such decision.
Amendment 240 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – title
Article 8 – title
Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies
Amendment 246 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances of less than 100 kilometres as the crow flies, over distance defined by each Member State. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information.
Amendment 261 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a
Article 8 a
Amendment 264 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – title
Article 8 a – title
Amendment 270 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 1
Article 8 a – paragraph 1
Amendment 275 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 2
Article 8 a – paragraph 2
Amendment 282 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3
Article 8 a – paragraph 3
Amendment 305 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 2
Article 8 b – paragraph 2
2. Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (cd) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies, Article 8c(2)(d).
Amendment 312 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 3
Article 8 b – paragraph 3
Amendment 342 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 1
Article 8 d – paragraph 1
1. Member States may limit the right of access to the international and national market for regular services if the proposed regular service carries passengers over distances of less than 100 kilometres as the crow flies and if the service would compromise the economic equilibrium of a public service contract.
Amendment 376 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – point c
Article 15 – point c
(c) regular services, performed in accordance with this Regulation.;by a carrier not resident in the host Member State provided that a stay in that Member State does not exceed 48 hours after the entry into the territory of the Member State, in the course of a regular international service in accordance with this Regulation with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be performed independently of such international service.
Amendment 387 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1073/2009
Article 17
Article 17
(17) Article 17 is dDeleted;
Amendment 391 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 1073/2009
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
(19a) In Article 25, the following paragraph 1 a is inserted: "Member States shall not apply the provisions of Chapter III of this Regulation for national regular services on territories covered by services of general economic interest, on the condition that public service contracts are awarded following a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007."
Amendment 398 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28
Article 28
Amendment 49 #
2017/0122(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. _________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 94 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate accommodat. It is desirable to adapt the provision foron their regular weekly rest periods if they are taken away from homeand any weekly rest of more than 45 hours in a such a way that it is easier for drivers to spend it in a suitable rest area.
Amendment 197 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point r a (new)
Article 4 – paragraph 1 – point r a (new)
(2a) In Article 4, the following points (s)and (t)are added: "(ra) “secure parking lot” means a place that is enclosed by a barrier and organised with a check-in mode, with 24- hour armed or unarmed security; (rb) “home” means the employer's operational centre where the driver is based or to the driver's place of residence.
Amendment 210 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new) Regulation (EC) No 561/2006
Article 1 – paragraph 1 – point 2 b (new) Regulation (EC) No 561/2006
Amendment 276 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Amendment 330 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – Article 8 a
Article 8 – Article 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a, but with an exemption: when the cabin is equipped with suitable faccommodation, with adequate sleepilities and the truck is parked ing and sanitary facilities; “secure parking lot”
Amendment 489 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitablefirst planned stopping place. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998..
Amendment 271 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 daytwelve days in case of international carriage operations and seven days in case of cabotage operations during a period of one calendar month.;
Amendment 309 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 312 days for international transport and as of day 7 for cabotage, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 321 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 – point a (new)
Article 2 – paragraph 2 – subparagraph 2 – point a (new)
(a) Notwithstanding Article 2(1) of Directive 96/71/EC, a driver shall not be considered to be posted to the territory of a Member State that the driver transits through without loading or unloading freight and without picking up or setting down passengers.
Amendment 345 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2, a day shall consist of 24 hours:
Amendment 352 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 365 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 383 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods, except weekly rest, as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 395 #
2017/0121(COD)
Amendment 550 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 30 #
2016/2276(INI)
Draft opinion
Recital G a (new)
Recital G a (new)
Ga. whereas the insufficient clarity and transparency of the aspects of data collection by the platforms contributes to the increase of legal uncertainty and lack of consumer confidence in them;
Amendment 50 #
2016/2276(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the need for increase of the transparency and awareness of consumers and other users in connection with the collection of data and considers that the regulatory framework should contribute to the provision of legal certainty and for the increase of the level of consumer protection;
Amendment 16 #
2016/2251(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that, according to the Commission report, the transposition of the ELD is currently totally disparate in both legal and practical terms and that further measureadditional efforts are required to enable regulatory standardisation to take place across the EU;
Amendment 46 #
2016/2251(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 50 #
2016/2251(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to encourage the Member States to develop financial collateral instruments for compensating traditional damage claims for environmental incidents, including in cases of insolvency;
Amendment 52 #
2016/2251(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for consideration to be given to the option ofan assessment of whether it is necessary to includinge in the ELD a third-party liability regime for damage caused to human health and the environment18; __________________ 18 As already provided for in Portugal and as assessed in the Commission study of 16 May 2013 entitled ‘Implementation challenges and obstacles of the Environmental Liability Directive (ELD)’ p. 75.
Amendment 71 #
2016/2251(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 14 #
2016/2237(INL)
Motion for a resolution
Recital Б
Recital Б
B. whereas there are substantial differences among Member States in the way they regulate social enterprises and the organisational forms available to social entrepreneurs under their legal systems; whereas the distinctive organisational forms that social enterprises adopt depend on the existing legal frameworks, on the political economy of welfare provision and on the cultural and historical traditions of non-profit development in each countryMember State;
Amendment 74 #
2016/2237(INL)
Motion for a resolution
Recital Р
Recital Р
Q. whereas social enterprises are not necessarily non-profit organisations but, on the contrary, they can also be for-profit; whereas, this notwithstanding, the main focus of social enterprises should be, above all, on social values and on having a positive and durable impact on society’s wellbeing and economic development rather than making a profit for their owners, members or shareholders; whereas in this connection a constraint on distribution of profits and assets among members or shareholders, also known as ‘asset lock’, is essential to social enterprises; whereas a limited distribution of profits could be allowed, having regard to the legal form adopted by the social enterprise, but the procedures and rules covering that distribution should ensure that it does not undermine the primary objective of the enterprise; whereas the most significant proportion of profits made by a social enterprise should be reinvested or otherwise used to achieve its social purpose;
Amendment 80 #
2016/2237(INL)
Motion for a resolution
Recital Т
Recital Т
Amendment 92 #
2016/2237(INL)
Motion for a resolution
Recital Ч
Recital Ч
X. whereas social enterprises should issue a social report on a regular basis in which they give account, at least, of their activities, results, involvement of stakeholders, allocation of profits, salaries, subsidies and other benefits received, in accordance with the relevant national rules;
Amendment 106 #
2016/2237(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 120 #
2016/2237(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to establish, in cooperation with Member States, a list, which would be subject to review, of existing legal forms in Member States having the characteristics of social undertakings and to maintain that list updated;
Amendment 154 #
2016/2237(INL)
Motion for a resolution
Annex I – paragraph 11
Annex I – paragraph 11
The legislative act should require social enterprises willing to maintain the label to issue on a regular basis a social report on their activities, results, involvement of stakeholders, allocation of profits, salaries, subsidies, and other benefits received, in accordance with the relevant national rules. In this regard, the Commission should be authorised to produce a model to help social enterprises in this endeavour.
Amendment 17 #
2016/2120(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, even with the systematic mobilisation of the totality of the Flexibility Instrument under heading 3 in the coming years, the financial resources available will not be sufficient to tackle the increased needs; therefore considers as essential a fair distribution of funding according to priorities,, particularly to make the EU's external borders more secure and to support the Member States along the external borders, with full transparency, accountability and wise spending;
Amendment 7 #
2016/2118(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that additional financial needs are likely to arise in relation to the protection of the EU's external borders and the migration, refugee and internal security crises in 2017 and recalls that no more margin is available under the ceiling of heading 3 while the Flexibility Instrument has already been used up in its entirety for 2017; therefore, requests the Commission to clarify if and how additional funds could be possibly mobilised using the Contingency Margin to respond to possible additional financial needs for heading 3 during the course of 2017;
Amendment 17 #
2016/2118(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the proposals of the Commission to mobilise an additional EUR 2,.55 billion under heading 3 over the period 2018-2020 as part of the MFF mid- term review/revision; recalls that immediate response is needed to improve security along all the EU's external borders and to address the security, migration and refugee crises, and considers it important that full transparency of payments and regular monitoring/reporting of the expenditure are ensured by all actors involved.
Amendment 9 #
2016/2076(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas Directive 2008/99/EC of the European Parliament and of the Council on the protection of the environment through criminal law harmonises the definitions for wildlife crime related offences and obliges Member States to provide, in their national legislation, for effective, proportionate and dissuasive criminal sanctions for serious breaches of Community legislation relating to conservation of the environment, including protected species of wild flora and fauna;
Amendment 27 #
2016/2076(INI)
Draft opinion
Recital F
Recital F
F. whereas, in view of the uniquely cross-border nature of wildlife trafficking offences, the EU should work towards establishing minimum rules concerning the definition and sanctioning of such offences, pursuant to Article 83(1) of the Treaty on the Functioning of the European Union (TFEU)Member States and the EU as a whole should work towards the implementation of already taken international commitments on combating wildlife trafficking and improvement of the cooperation with third countries and countries of origin;
Amendment 32 #
2016/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Conclusions of the Environmental Council of 20 June 2016 in relation to the EU Action Plan against Wildlife Trafficking;
Amendment 34 #
2016/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the EU and Member States needs to step up itstheir common efforts to tackle wildlife trafficking, now that ithe EU is a party to the CITES convention, as well as to seek closer cooperation with third countries and countries of origin;
Amendment 60 #
2016/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the fight against wildlife trafficking can be advanced also by instruments of soft law; notes, however, that legislative action may be necessary in some cases in order to ensure legal certainly and to create binding rules, as well as by involving civil society;
Amendment 64 #
2016/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 68 #
2016/2076(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the EU and Member States have not exhausted yet the full potential of the existing relevant international, European and national rules to combat wildlife trafficking and thus urges Member States to fully implement the provisions of Directive 2008/99/EC and set appropriate levels of sanctions for wildlife crime offences;
Amendment 69 #
2016/2076(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages Member States to ensure, in line with the resolution of April 2013 of the UN Commission on Crime, Prevention and Criminal Justice, that wildlife trafficking with the involvement of organised criminal groups is defined as a serious crime under the UN Convention against Transnational Organised Crime;
Amendment 70 #
2016/2076(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Welcomes, in this regard, the Commission's commitment, in line with the EU Agenda on Security, to start a review to assess the appropriateness and effectiveness of the EU policy and legislative framework for tackling environmental crime, particularly organised wildlife crime, and to address, in this context, the question of the criminal sanctions applicable to wildlife trafficking throughout the EU;
Amendment 71 #
2016/2076(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Commission and Member States to proceed with the timely and accurate implementation of the measures set in the EU Action Plan against Wildlife Trafficking, as well as to continuously monitor over its implementation;
Amendment 72 #
2016/2076(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Stresses the need to properly monitor the implementation of the EU Action Plan against Wildlife Trafficking and keep the European Parliament and the Council regularly informed on the progress made and welcomes the commitment of the Commission to report to the European Parliament and the Council on the interim progress made in implementing the Action Plan, by 31 July 2018, as well as to conduct its overall evaluation by 2020.
Amendment 16 #
2016/2072(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the digital environment offers new opportunities for the creators to produce and distribute their worksion and production of cultural and creative works, and for their distribution, exploitation and accessibility to a wider public at a lower cost, independently of physical and geographical constraints and at times at a lower cost;
Amendment 19 #
2016/2072(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that digital technology has also brought about opportunities for the creation of different types of artistic work or practices and for which that digital technology is an essential part of the creative process;
Amendment 20 #
2016/2072(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that in defining 'cultural and creative industries' consideration is to be made of the continuous changes and opportunities that digital technology may continue to provide and that any such definition refers to works, including goods and services, which are a product of artistic, cultural or creative processes and which are susceptible to protection as intellectual property rights without restricting the processes through which such works are created or produced;
Amendment 24 #
2016/2072(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls in this context that CCIs predominantly consist of a myriad of micro-, small and medium sized enterprises and freelancers, with limited access to infrastructures, resources and funding and with limited bargaining power vis-à- vis the onlinew digital outlets;
Amendment 28 #
2016/2072(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers consequently that protection of right holders within the copyright and intellectual property legislative frameworks is necessary in a manner that recognises, values and stimulates innovation, creativity, investment and production of content;
Amendment 31 #
2016/2072(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses therefore that business models are challenged by continuous digital innovation and thatat continuous digital innovation challenges the cultural and creative industries to rethink and reshape their business models and that in most current business models the economic value of content is being displaced towards the end of the value chain thereby upsetting the system through which the creative community draws value from content, while facing losses resulting also from piracy;
Amendment 36 #
2016/2072(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that digital platforms are a means of providing wider access to cultural and creative works and that consideration is to be made of how this process can function with more legal certainty and respect for right holders;
Amendment 47 #
2016/2072(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission, to effectively address the circulation of illegal digital content and to examine the different options, focusing on copyright related contracts, forto improvinge fair remuneration of creators thereby rewarding creativity and innovation while promoting transparency in the copyright value chain in the digital environment, andto safeguarding national cultural and linguistic specificities and stimulatinge economic activity;
Amendment 48 #
2016/2072(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls the outcome of the Public Consultation launched by the Commission on a regulatory environment for platforms and online intermediaries; highlights that participants recognise the benefits of online platforms in making creative content more accessible and communication easier, while at the same time participants also questioned the lack of transparency and legal certainty in this process vis-à-vis compliance with copyright;
Amendment 3 #
2016/2066(INI)
Motion for a resolution
Recital А a (new)
Recital А a (new)
Aa. whereas mediation, as an alternative, voluntary and confidential out-of-court procedure, which enables natural and legal persons to settle disputes out-of-court quickly and cheaply, helps ensure better access to justice;
Amendment 4 #
2016/2066(INI)
Motion for a resolution
Recital А b (new)
Recital А b (new)
Ab. whereas the mediation procedure enables civil and commercial disputes to be settled quickly and cheaply and may thus contribute to economic growth;
Amendment 23 #
2016/2066(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to step up their efforts to provideencourage use of the mediation procedure in civil and commercial disputes, by providing citizens and legal persons with appropriate, comprehensive information regarding mediationthe thrust of the procedure and its advantages and to ensure improved cooperation between legal professionals for that purpose;
Amendment 29 #
2016/2066(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission also to assess the need for an obligation to be introduced for Member States to create and maintain national registers of mediated proceedings;
Amendment 8 #
2016/2065(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas for the better mobility of the companies within the EU it is important to have a common legal framework on companies' mergers, divisions and transfers operations;
Amendment 10 #
2016/2065(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the transfer of a registered office should not circumvent legal, social and fiscal requirements laid down in the law of the European Union and of the Member States of origin but should rather have the aim of establishing a uniform legal framework which ensures maximum transparency and simplification of procedures and which fights tax fraud;; whereas at the same time it is important to avoid tax evasion schemes
Amendment 17 #
2016/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it important that future legislative proposals on the mobility of undertakings should include provisions concerning maxinimum harmonisation - particularly regarding procedural standards, the rights of corporate governance players, particularly the smaller of them, and the extension of applicability to all entities defined as companies or firms as referred to in Article 54 TFEU - followed by other sectoral rules, for example concerning, also taking into account workers’ rights;
Amendment 21 #
2016/2065(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the new rules concerning mergers, divisions and transfers of registered office of undertakings should take account of the need to adopt ever more stringentset minimum standards of information, consultation and co-determination of workers, by analogy with the models introduced with the European company (SE);
Amendment 25 #
2016/2065(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that new rules on mergers, divisions and transfers of seats should facilitate the mobility of companies within the Union, taking account of their business needs for restructuring in order to better use the opportunities of the internal market;
Amendment 26 #
2016/2065(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Draws attention to the importance of removing obstacles arising from conflicts of laws for the purpose of determining the national law applicable;
Amendment 34 #
2016/2065(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to take into account the results of the consultation of October 2015, which show in particular that there is a need for maximumthat more harmonisation of the criteria governing the impact of mergers on various stakeholders in businesses is recommendable;
Amendment 37 #
2016/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it to be a priority for a more advanced set of rules to be laid down for a series of actors and categories of corporate governance, and for those rules also to be reproduced for future common modelegislative proposals ofn cross-border divisions and transfer of registered office or head office; considers it essential to simplify cross- border merger procedures by means of a clearer definition of standard forms and new digitisation practices;
Amendment 39 #
2016/2065(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the importance of the inclusion in the Directive on cross- border mergers of the rules which apply to the European company (SE) regarding workers’ rights; hopes that the new provisions concerning workers’ rights will be so framed as to prevent certain undertakings from using the Directive on cross-border mergers with the sole aim of transferring their registered office or head office for fiscal, social and legal reasons; stresses the importance of eliminating ambiguities in the application of penalties for failure to respect the criteria of information, consultation and co- determination of workerHopes that these provisions will be so framed as to prevent certain undertakings from using the Directive on cross-border mergers with the sole aim of transferring their registered office or head office for abusive reasons;
Amendment 43 #
2016/2065(INI)
Motion for a resolution
Paragraph 10 – indent 4
Paragraph 10 – indent 4
- communication of company information, through the Member states commercial registers
Amendment 44 #
2016/2065(INI)
Motion for a resolution
Paragraph 10 – indent 6 a (new)
Paragraph 10 – indent 6 a (new)
- the rules on creditors protection;
Amendment 58 #
2016/2065(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 16 #
2016/2057(INI)
Draft opinion
Recital C
Recital C
C. whereas the WTO Doha Declaration on the TRIPS Agreement and Public Health acknowledges the role ofrecognises that intellectual property protection ins important for the development of new medicines, while expresrecognising concerns about its effects on prices;
Amendment 25 #
2016/2057(INI)
Draft opinion
Recital E
Recital E
E. whereas the rationale ofor patent rights is to make investment in innovation possible and attractive and to ensure that the knowledge contained in patent applications is accessible;
Amendment 32 #
2016/2057(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the fact that the WTO TRIPS Agreement provides flexibilities to patent rights, such as compulsory licensing, which have proved to be a major tool in bringing prices to reasonable levelcan be used as an effective tool in exceptional circumstances established by the law of each WTO member to address public health problems;
Amendment 41 #
2016/2057(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that exclusive protection periods granted to pharmaceuticals through patents or other mechanisms hinder competition, lead to high prices and negatively impact access to needed medicineare an important tool to encourage R&D and provide incentives to innovation; acknowledges, at the same time, the importance of promoting competition and preventing cases of market abuse, as well as the need of ensuring access to needed medicines at affordable prices and guaranteeing the sustainability of national healthcare systems;
Amendment 52 #
2016/2057(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the Pharmaceutical Sector Inquiry Report adoptled by the Commission in 2009 showed that manufacturindicated a numbers of medicines have developed abusive strategies in connection withproblems in companies' practices that, among other factors such as shortcomings in the regulatory framework, paotent claims in order to hinderially contribute to delays to the market entry of generic medicines, which should be avoided and emphasised the importance of stronger competition law enforcement;
Amendment 63 #
2016/2057(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to undertake a critical review of the impact of intellectual-property-related incentives on biomedical innovation, to explore effective alternatives to monopoliepatents for the financing of medical R&D and to evaluate the functioning of the applicable limitations to patent allocationrights;
Amendment 67 #
2016/2057(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the European Commission and Member States to strike a balance between stimulating innovation, protecting innovators and ensuring that innovations are of maximum benefit to society;
Amendment 71 #
2016/2057(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the European Patent Office (EPO) and the Member States to continue to grant patents on health products that strictly fulfil the patentability requirements of novelty, inventive step and industrial applicability as enshrined in the European Patent Convention;
Amendment 77 #
2016/2057(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to encourage Member States to fully implement existing patent limitations and flexibilities when confronted with excessive pricing or abuse of monopoly rightin duly justified cases, such as cases of national emergencies, other circumstances of extreme urgency or anti- competitive practices;
Amendment 78 #
2016/2057(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to encourage Member States to fully implement existing patent limitations and flexibilities when confronted with excessive pricing or abuse of monopoly rights, especially as regards medicines for rare diseases;
Amendment 82 #
2016/2057(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to establish full transparency on the results of publicly financed R&D so that patenting and licensing conditions guarantee a public health return on public investments and reflect the structure of R&D funding.
Amendment 90 #
2016/2057(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Stresses the need to establish robust health systems, based on new pricing models.
Amendment 8 #
2016/2011(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Cа. whereas the procedure is mainly used in Member States whose legislation includes a similar national procedure;
Amendment 36 #
2016/2011(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4а. Points out that members of the public use the procedure most often, and are best informed about it, in Member States with similar instruments at national level;
Amendment 46 #
2016/2011(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. EncouragesCalls on the Member States to strive to issue orders within 30 days, and to accept applications in certainat least one foreign languages;
Amendment 49 #
2016/2011(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Fully supports the work being done to allow, in the future, the electronic submission of applications for a European Order for Payment; calls on the Commission, in this connection, to encourage use of the е-CODEX pilot project and to extend it to all Member States;
Amendment 52 #
2016/2011(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to adopt updated standard forms as required, and preferably multilingual versions of these;
Amendment 53 #
2016/2011(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9а. Calls on the Member States to extend the assistance offered to members of the public in connection with the European Small Claims Procedure, and to provide assistance in respect of the completion of forms and regarding the European Order for Payment Procedure;
Amendment 14 #
2016/0414(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Money laundering and the associated financing of terrorism and organised crime remain significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threatening the internal security and the internal market of the Union. In order to tackle those problems and also complement and reinforce the application of Directive 2015/849/EU34 , this Directive aims to tackle money laundering by means of criminal law, allowing for better cross- border cooperation between competent authorities. _________________ 34 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p.73).
Amendment 32 #
2016/0414(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Money laundering and the associated financing of terrorism and organised crime remain significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threatening the internal security and the internal market of the Union. In order to tackle those problems and also complement and reinforce the application of Directive 2015/849/EU34 , this Directive aims to tackle money laundering by means of criminal law, allowing for better cross- border cooperation between competent authorities. _________________ 34 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p.73).
Amendment 40 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point g
Article 2 – paragraph 1 – point 1 – point g
(g) illicit trafficking in stolen goods and other goods, such as trafficking of crude oil, weapons, narcotics, tobacco and tobacco products, precious metals and minerals, cultural artefacts and other items of archaeological, historical, cultural and religious importance, or rare scientific value, as well as ivory and wildlife;
Amendment 48 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession, management or use of property, knowing at the time of receipt, that such property was derived from criminal activity or from an act of participation in such an activity.
Amendment 59 #
2016/0414(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Each Member State shall ensure that inciting, aiding and abetting and, counselling the commission of, conspiring to commit, or attempting an offence referred to in Article 3 shall be punishable.
Amendment 91 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point g
Article 2 – paragraph 1 – point 1 – point g
(g) illicit trafficking in stolen goods and other goods, such as illicit trafficking of crude oil, weapons, narcotics, tobacco and tobacco products, precious metals and minerals, cultural artefacts and other items of archaeological, historical, cultural and religious importance, or rare scientific value, as well as ivory and wildlife;
Amendment 110 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, management, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity or from an act of participation in such an activity.
Amendment 133 #
2016/0414(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Each Member State shall ensure that inciting, aiding and abetting, counselling, conspiring the commission of , and attempting an offence referred to in Article 3 shall be punishable.
Amendment 95 #
2016/0413(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) One of the key concepts used by this Regulation is that of ‘cash’, which should be defined as comprising four categories: currency, bearer-negotiable instruments, commodities used as highly liquid stores of value and certain types ofanonymous prepaid cards. Given their characteristics, certain bearer-negotiable instruments, commodities used as highly liquid stores of value, as well as anonymous prepaid cards which are not linked to a bank account are likely to be used in place of currency as anonymous means of transfer of value across the external borders which are not traceable using the classic system of supervision by the public authorities. This Regulation should lay down the essential components of the definition of 'cash' while at the same time enabling the Commission to amend the non-essential components in response to the efforts by criminals and their associates to circumvent a measure which controls only one type of highly liquid store of value by bringing across external borders another type. If evidence of such behaviour on an appreciable scale is detected, it is essential that measures be taken swiftly to remedy the situation.
Amendment 102 #
2016/0413(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) PAnonymous prepaid cards are anon-nominalymous cards storing monetary value or funds which can be used for payment transactions, for acquiring goods or services or for redemption of currency and which are not linked to a bank account. They are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest. As such anonymous prepaid cards are easily transferrable and can be used to transfer considerable value across external borders. It is therefore necessary to include anonymous prepaid cards in the definition of cash. This will allow for the possibility to extend the measures to certain types ofanonymous prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability.
Amendment 105 #
2016/0413(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) For the prevention of money laundering and the financing of terrorism, an obligation to declare should be imposed on natural persons entering or leaving the Union. In order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities, the obligation should be subject to a threshold of EUR 10 000 or its equivalent in commodities used as a highly liquid store of value, bearer-negotiable instruments, anonymous pre-paid cards' worth or other currencies. It should apply to natural persons carrying such amounts on their person, in their luggage or in the conveyance in which they cross the external border. They should be required to make the cash available to the competent authorities for control.
Amendment 123 #
2016/0413(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Where they register a failure to declare or disclose or have indications of criminal activity, competent authorities should be able to share the information through appropriate channels with authorities competent for the fight against the criminal activity in question. Such exchange of data is proportionate considering that offenders against the obligation to declare who have been apprehended in one Member State would be likely to select another Member State of entry or exit where the competent authorities would have no knowledge of their earlier infractions. The exchange of such information should be made mandatory, in order to ensure consistent application across Member States. Where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the Union that information should also be made available to the Commission and the European Public Prosecutor's Office. In order to achieve better the preventive and dissuasive objectives of this Regulation with regards to the circumvention of the obligation to declare, anonymised risk information and risk analysis results should also mandatorily be exchanged between Member States and with the Commission.
Amendment 145 #
2016/0413(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – indent 4
Article 2 – paragraph 1 – point a – indent 4
- anonymous prepaid cards referred to in Annex I;
Amendment 158 #
2016/0413(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 14 in order to amend Annex I to take account of new trends in money laundering or terrorist financing, as defined in paragraphs 3, 4 and 5 of Article 1 of Directive (EU) 2015/849, or best practices in preventing money laundering or terrorist financing or to prevent the use by criminals of bearer- negotiable instruments, commodities used as highly liquid stores of value or anonymous prepaid cards to circumvent the obligations laid down in Articles 3 and 4.
Amendment 206 #
2016/0413(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the Union, the information referred to in paragraph 1 shall also be transmitted to the Commission and the European Public Prosecutor's Office.
Amendment 253 #
2016/0413(COD)
Proposal for a regulation
Annex I – heading 1
Annex I – heading 1
Bearer-negotiable instruments, commodities used as highly liquid stores of value and anonymous prepaid cards which are considered cash in accordance with points (ii), (iii) and (iv) of Article 2(1)(a)
Amendment 263 #
2016/0413(COD)
Proposal for a regulation
Annex I – point 3
Annex I – point 3
3. The following anonymous prepaid cards shall be considered cash in accordance with Article 2(1)(a)(iv):
Amendment 41 #
2016/0412(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 43 #
2016/0412(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not have the effect of amending the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 TEU and in the Charter of Fundamental Rights of the European Union.
Amendment 45 #
2016/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) 'property’' means property of any descriptionmoney or assets of any kind, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencings well as limited property rights and legal documents or instruments, in any form including electronic or digital, evidencing ownership or other title or interest in such propertyassets, which the issuing authority considers to be :
Amendment 46 #
2016/0412(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A freezing order or confiscation order shall give rise to execution without verification of the double criminality of the acts if the acts - including acts of complicity and preparation as well as attempted acts - giving rise to the freezing or confiscation order constitute one or more of the following offences, as defined by the law of the issuing State, and are punishable in the issuing State by a custodial sentence of a maximum of at least three years::
Amendment 52 #
2016/0412(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A confiscation order, or a certified copy of it, shall be transmitted together with the certificate provided for in Article 7 by the issuing authority directly to the executing authority or, where applicable, to the central authority referred to in Article 27(2) by any means capable of producing a written record under conditions allowing the executing authority to establish its authenticity.
Amendment 59 #
2016/0412(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The executing authority shall without delay make a report to the issuing authority, by any means capable of producing a written record, on the postponement of the execution of the order, including the grounds for the postponement and, if possible, the expected duration of the postponement. In the event of a postponement under the provisions of subparagraph (b), the issuing authority shall, in cases of execution of a confiscation order in more than one Member State, issue fresh instructions as to the exact amount of money subject to confiscation.
Amendment 61 #
2016/0412(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point б
Article 13 – paragraph 1 – point б
(b) the order could have been ordered under the same conditions in a similar domestic case; andDoes not affect the English version.)
Amendment 63 #
2016/0412(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point а
Article 18 – paragraph 1 – point а
Amendment 64 #
2016/0412(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where the issuing authority has indicated in the freezing order that there are legitimate grounds to believe that the property in question will imminently be moved or destroyed and that immediate freezing is necessary, or if the issuing authority has indicated in the freezing order that the freezing measure has to be carried out on a specific date, the executing authority shall, in so far as possible, take full account of this requirement.
Amendment 65 #
2016/0412(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The executing authority shall take the decision on the recognition and execution of the freezing order, or on consulting the issuing authority in accordance with Article 18(2), as soon as possible and, without prejudice to paragraph 7 of this Article, no later than 248 hours after the executing authority has received the freezing order.
Amendment 66 #
2016/0412(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Unless grounds for postponement pursuant to Article 20 exist, the executing authority shall carry out the freezing without delay and without prejudice to paragraph 7 of this Article, not later than 248 hours after taking the decision referred to in paragraph 3 of this Article.
Amendment 105 #
2016/0412(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down the rules under which a Member State shall recognise and execute in its territory a freezing or a confiscation order issued by another Member State within the framework of criminal proceedings in criminal matters.
Amendment 108 #
2016/0412(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not have the effect of amending the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 TEU and in the Charter of Fundamental Rights of the European Union.
Amendment 118 #
2016/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘property’ means property of any descriptionmoney or assets of any kind, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencings well as limited property rights and legal documents or instruments, in any form including electronic or digital, evidencing ownership or other title or interest in such propertyassets, which the issuing authority considers to be :
Amendment 123 #
2016/0412(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A freezing order or confiscation order shall give rise to execution without verification of the double criminality of the acts if the acts – including acts of complicity and preparation as well as attempted acts – giving rise to the freezing or confiscation order constitute one or more of the following offences, as defined by the law of the issuing State, and are punishable in the issuing State by a custodial sentence of a maximum of at least three years:
Amendment 146 #
2016/0412(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A confiscation order, or a certified copy of it, shall be transmitted together with the certificate provided for in Article 7 by the issuing authority directly to the executing authority or, where applicable, to the central authority referred to in Article 27(2) by any means capable of producing a written record under conditions allowing the executing authority to establish its authenticity.
Amendment 180 #
2016/0412(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The executing authority shall immediatelywithout delay make a report to the issuing authority, by any means capable of producing a written record, on the postponement of the execution of the order, including the grounds for the postponement and, if possible, the expected duration of the postponement. In the event of a postponement under the provisions of subparagraph (b), the issuing authority shall, in cases of execution of a confiscation order in more than one Member State, issue fresh instructions as to the exact amount of money subject to confiscation.
Amendment 188 #
2016/0412(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the order could have been ordered under the same conditions in a similar domestic case; and(Does not affect the English version.)
Amendment 198 #
2016/0412(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point а
Article 18 – paragraph 1 – point а
(а) the form provided for in Article 16 has not been translated into an official language of the executing authority or is incomplete or manifestly incorrect, and has not been completed following the consultation in accordance with paragraph 2;
Amendment 207 #
2016/0412(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 209 #
2016/0412(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The executing authority shall take the decision on the recognition and execution of the freezing order, or on consulting the issuing authority in accordance with Article 18(2), as soon as possible and, without prejudice to paragraph 7 of this Article, no later than 248 hours after the executing authority has received the freezing order.
Amendment 214 #
2016/0412(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Unless grounds for postponement pursuant to Article 20 exist, the executing authority shall carry out the freezing without delay and without prejudice to paragraph 7 of this Article, not later than 248 hours after taking the decision referred to in paragraph 3 of this Article.
Amendment 252 #
2016/0409(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction withamend Council Decision 2010/365/EU on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania68 to enable the two Member States to apply and implement in full the provisions of that regulation. _________________ 68 ОВ L 166, 1.7.2010, p. 17.
Amendment 205 #
2016/0408(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction withresult in the amendment of Council Decision 2010/365/EU on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania66 . _________________ 66to enable the two Member States to apply the provisions of this regulation in full. _________________ ОJ L 166, 1.7.2010, p. 17. 66 ОJ L 166, 1.7.2010, p. 17.
Amendment 65 #
2016/0407(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Alerts on return should be deleted as soon as the Member State or competent authority that issued the return decision in accordance with provisions respecting Directive 2008/115/EC has been informed that the return has taken place. Where a return decision is accompanied by an entry ban, the latter should be entered in SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks]. In such cases Member States should take all necessary measures to ensure that no time-gap exist between the moment in which the third- country national leaves the Schengen area and the activation of the alert on the entry ban in SIS. Where a return decision is not accompanied by an entry ban, the alert on return information should be stored in SIS for a maximum period of five years starting from the time the competent authorities of the Member State issuing the alert on return are informed of the successful return of the person concerned.
Amendment 70 #
2016/0407(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Alerts should be kept in SIS only for the time required to fulfil the purposes for which they were entered. In accordance with Article 34 of Regulation (EU) 2018/xxx [border checks] the review period for alerts on third- country nationals is five years.
Amendment 129 #
2016/0407(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The issuing Member State shall immediately delete the alert following the receipt of the confirmation of return and only if an entry ban has become active in accordance with Article 24(3) of Regulation (EU) 2018/xxx [Border checks].
Amendment 130 #
2016/0407(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)
Article 6 – paragraph 2 – subparagraph 1 (new)
Where there is no entry ban alert or it has not become active, the alert on return information on third country nationals shall continue to be stored in SIS for a maximum period of five years starting from the time the competent authorities of the Member State issuing the alert on return are informed of the successful return of the person concerned.
Amendment 147 #
2016/0407(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Articles 6 and 8, alerts on return shall be deleted when the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted when the third-country national concerned can demonstrate that they have left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 109 #
2016/0359(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Consumer over-indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang. Furthermore, it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur. A second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures, with different access conditions and discharge periods, to discharge his business personal debts and his non-business personal debts. For these reasons, although this Directive does not include binding rules on consumer over-indebtedness, Member States should be able toare advised to begin at the earliest opportunity also to apply the discharge provisions to consumers.
Amendment 120 #
2016/0359(COD)
Proposal for a directive
Recital 18
Recital 18
(18) To promote efficiency and reduce delays and costs, national preventive restructuring frameworks should include flexible procedures limiting the involvement of judicial or administrative authorities to where it is necessary and proportionate in order to safeguard the interests of creditors and other interested parties likely to be affected. To avoid unnecessary costs and reflect the early nature of the procedure, debtors should in principle be left in control of their assets and the day-to-day operation of their business. TMember States may provide for cases in which the appointment of a restructuring practitioner, whether a mediator supporting the negotiations of a restructuring plan or an insolvency practitioner supervising the actions of the debtor, ishould not be mandatory in every case, but made on a case-by-case basis depending on the circumstances of the case or on the debtor's specific needs. Furthermore, there should not necessarily be a court order for the opening of the restructuring process which may be informal as long as the rights of third parties are not affected. Nevertheless, a degree of supervision should be ensured when this is necessary to safeguard the legitimate interests of one or more creditors or another interested party. This may be the case, in particular, when a general stay of individual enforcement actions is granted by the judicial or administrative authority or where it appears necessary to impose a restructuring plan on dissenting classes of creditors.
Amendment 121 #
2016/0359(COD)
Proposal for a directive
Recital 19
Recital 19
(19) A debtor should be able to requestemporary stay of individual enforcement actions should take effect twhen a judicial or administrative authority for a temporary stay of individual enforcement actions whichdecision to open restructuring proceedings is taken and this should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor's business. The stay of enforcement could be general, that is to say affecting all creditors, or targeted towards individual creditors. In order to provide for a fair balance between the rights of the debtor and of creditors, the stay should be granted for a period of no more than four months. Complex restructurings may, however, require more time. Member States may decide that in such cases, extensions of this period may be granted by the judicial or administrative authority, providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced. If further extensions are granted, the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted. Member States should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time. Where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses, the stay should cease to have effects on the day the stay period expires. In the interest of legal certainty, the total period of the stay should be limited to twelve months.
Amendment 125 #
2016/0359(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that the creditors do not suffer detriment, the stay should not be granted or, if granted, should not be prolonged or should be lifted when creditors are unfairly prejudiced by the stay of enforcementevery creditor should have the right to apply for the stay of enforcement to be withdrawn or lifted if it unfairly prejudices that creditor. In establishing whether there is unfair prejudice to the creditors, judicial or administrative authorities may take into account whether the stay would preserve the overall value of the estate, whether the debtor acts in bad faith or with the intention of causing prejudice or generally acts against the legitimate expectations of the general body of creditors. A single creditor or a class of creditors would be unfairly prejudiced by the stay if for example their claims would be made substantially worse-off as a result of the stay than if the stay was not granted, or if the creditor is put more at a disadvantage than other creditors in a similar position.
Amendment 144 #
2016/0359(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Member States should also ensure that the practitioners in the field of restructuring, insolvency and second chance which are appointed by judicial or administrative authorities are properly trained and supervised in the carrying out of their tasks, that they are appointed in a transparent manner with due regard to the need to ensure efficient procedures and that they perform their tasks with integrity. Practitioners should also adhere to voluntary codes of conduct aiming at ensuring an appropriate level of qualification and training, transparency of the duties of such practitioners and the rules for determining their remuneration, the taking up of professional indemnity insurance cover and the establishment of oversight and regulatory mechanisms which should include an appropriate and effective regime for sanctioning those who have failed in their duties. Such standards may be attained without the need in principle to create new professions or qualifications. Member States should ensure that information about the administrative authorities exercising supervision or control over practitioners in the field of restructuring, insolvency and second chance is publicly available.
Amendment 157 #
2016/0359(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may, at the earliest opportunity, extend the application of the procedures referred to in point (b) of paragraph 1 to over -indebted natural persons who are not entrepreneurs.
Amendment 209 #
2016/0359(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4а. Member States may provide for restructuring frameworks to be available also at the request of creditors with the agreement of the debtor.
Amendment 213 #
2016/0359(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. TMember States may provide for cases in which the appointment by a judicial or administrative authority of a practitioner in the field of restructuring shall not be mandatory in every case.
Amendment 217 #
2016/0359(COD)
Proposal for a directive
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Member States mayshall require the appointment of a practitioner in the field of restructuring at least in the following cases:
Amendment 219 #
2016/0359(COD)
Proposal for a directive
Article 5 – paragraph 3 – point а a (new)
Article 5 – paragraph 3 – point а a (new)
(аа) where, with a decision by a judicial or administrative authority to open restructuring proceedings, individual enforcement actions are temporarily stayed in accordance with Article 6.
Amendment 225 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that debtors who are negotiating a restructuring plan with their creditors may benefit from a stay of individual enforcement actions if and to the extent that such a stay is necessary to support the negotiations of a restructuring plan.
Amendment 227 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that a stay of individual enforcement actions may be ordered in respect of all types of creditors, including secured and preferential creditors. The stay may be general, covering all creditors, or limited, covering one or more individual creditors, in accordance with national law.
Amendment 248 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. Member States shall ensure that, where an individual creditor or a single class of creditors is or would be unfairly prejudiced by a stay of individual enforcement actions, the judicial or administrative authority may decide not grant the stay of individual enforcement actions or may lift a stay of individual enforcement actions already granted in respect of that creditor or class of creditors, at the request of the creditors concerned.
Amendment 286 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that affected parties are treated in separate classes which reflect the class formation criteria. Classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest. As a minimum, secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan. All the debtor’s creditors of a given class shall have equal rights in respect of the restructuring plan. Member States may also provide that workers are treated in a separate class of their own.
Amendment 322 #
2016/0359(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2а. The stay shall apply from the moment the restructuring plan is adopted until it is discontinued in respect of claims against the debtor held by creditors involved in the adoption of the plan.
Amendment 342 #
2016/0359(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that bona fide over-indebted entrepreneurs may be fully discharged of their debts in accordance with this Directive.
Amendment 357 #
2016/0359(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that mediators, insolvency practitioners and other practitioners appointed in restructuring, insolvency and second chance matters receive the necessary initial and further training and obtain the qualifications necessary in order to ensure that their services are provided in an effective, impartial, independent and competent way in relation to the parties.
Amendment 359 #
2016/0359(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall encourage, by any means which they consider appropriate, the avoidance and/or elimination of conflicts of interest and the development of, and adherence to, voluntary codes of conduct by practitioners in the field of restructuring, insolvency and second chance, as well as other effective oversight mechanisms concerning the provisions of such services.
Amendment 364 #
2016/0359(COD)
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1а. Member States shall ensure that information about the authorities exercising supervision or control over practitioners in the field of restructuring is publicly available.
Amendment 382 #
2016/0359(COD)
Proposal for a directive
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
They shall apply those provisions from [23 years from the date of entry into force of this Directive], with the exception of the provisions implementing Title IV which shall apply from [34 years from the date of entry into force of this Directive].
Amendment 133 #
2016/0280(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9а) Furthermore, there is widespread acknowledgement that access to information in a format which enables it to be subjected to text and data mining can, in particular, benefit the research community in its entirety, including smaller research organisations, especially where there is no lawful access to content via, for example, subscriptions to scientific publications or open access licences. In the Union, research organisations such as universities and research institutes, as well as entities such as public libraries and cultural heritage institutions which support research, encounter difficulties in gaining lawful access to the volume of digitally stored information required for new knowledge to be sought by means of text and data mining.
Amendment 143 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproducfor research organisations and also to the right to preventpublic libraries to have access to text in a format that enables information to be extractioned from a database. The newit. This exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations and public libraries should also benefit from the exception when they engage into public- private partnerships.
Amendment 162 #
2016/0280(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In view of athe potentially high number of access requests to, and downloads of, their works or other subject- matter, rightholders should be allowed to apply measures where there is a risk that the security and integrity of the system or databases where the works or other subject-matter are hosted would be jeopardised. Those measures should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exception.
Amendment 167 #
2016/0280(COD)
Proposal for a directive
Recital 13
Recital 13
(13) There is noa need to provide for compensation for rightholders as regards uses under the text and data mining exception introduced by this Directive given that in view of the nature and scope of the exception the harm should be minimalthe exception which allows research organisations and public libraries that do not have lawful access to information, to have access to normalised data suitable for text and data mining, but only in so far as such compensation is proportionate to the cost of the data normalisation process.
Amendment 176 #
2016/0280(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utilization of a substantial part of its contents for the purpose of illustration for teaching. TAlongside uneven application in the Member States, the scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamper the development of digitally- supported teaching activities and distance learning. Therefore, the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject-matter in all digital teaching activities, including online and across borders.
Amendment 179 #
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 activity for a non-commercial purpose, as well as organisations such as libraries and other cultural heritage institutions providing non-formal or self-study education, to the extent they pursue their educational activity for a non-commercial purpose. In accordance with the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training ('ET 2020'), the contribution of non-formal and informal education, alongside official education, should be recognised and developed with a view to ensuring that the Union's aims are realised. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.
Amendment 196 #
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 entities such as libraries and other cultural heritage institutions which provide non-formal or self-study education, including during examinations, 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 210 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions, research organisations and educational establishments are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. Cultural heritage institutions, research organisations and educational establishments are also engaged in the reproduction of works externally for various purposes including insurance, rights-related arrangements and lending. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation.
Amendment 222 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions, research organisations and educational establishments to reproduce works and other subject-matter permanently in their collections for preservation purposesthe purpose of carrying out their public interest mission in preservation, research, education, culture and teaching, for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation. Such an exception should allow for the making of copies in any format or medium by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes onlyfor such reproduction of the work, including in partnership with other institutions or third countries.
Amendment 229 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or permanently held by the cultural heritage institution, research organisation or educational establishment, for example as a result of a transfer of ownership or, licence agreements or a compulsory deposit.
Amendment 501 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – introductory part
‘research organisation’ means a university, a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct and support scientific research and provide educational services:
Amendment 578 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 594 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point а
Article 4 – paragraph 1 – point а
(а) 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 staffis restricted to the specifically limited circle of those taking part in the teaching activity, such as pupils or students and teaching staff, or registered members of a cultural heritage institution involved in non-formal education;
Amendment 639 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, research organisations and educational establishments to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation, with the aim of carrying out, either alone or in association with others, their public interest mission of preservation, research, culture, education or training.
Amendment 905 #
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, as well as a right of authors to audit. 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, provided that the obligation remains effective and ensures an appropriate high level of transparency.
Amendment 936 #
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 relevantproportionate and equitable remuneration from revenues and benefits derived from the exploitation of their works or performances.
Amendment 135 #
2016/0225(COD)
(8) Building on the existing initiatives, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments. Member States’ participation should be voluntary.
Amendment 160 #
2016/0225(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reduce divergences among the national resettlement practices and procedures, a common standard procedures and common eligibility criteria and exclusion grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.
Amendment 165 #
2016/0225(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The common standard procedures should build on the existing resettlement experience and standards of the Member States, in particular the Standard Operating Procedures guiding the implementation of the resettlement scheme with Turkey set out in the EU-Turkey Statement of 18 March 2016. The Union Resettlement Framework should allow the use of two types of standard resettlement procedures.
Amendment 169 #
2016/0225(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Both types ofThe procedure consists of the following stages: identification, registration, assessment and decision. It allows for a full assessment of the international protection needs of third- country nationals or stateless persons.
Amendment 171 #
2016/0225(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 174 #
2016/0225(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 178 #
2016/0225(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The resettlement procedure should be concluded as soon as possible in order to discourage persons in need of international protection to use irregular ways to enter the European Union to seek protection. At the same time it should ensure that Member States have sufficient time for a full and adequate examination of each case. The time-limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary and expedited procedure.
Amendment 191 #
2016/0225(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 199 #
2016/0225(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to allow for supplementing the rules which govern the procedure to be applied in targeted Union resettlement schemes, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to adapt the procedure to the circumstances in the third country from which resettlement takes place such as determining that third country’s role in the procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201633. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 33 OJ L 8, 12.1.2001, p. 1. OJ L 8, 12.1.2001, p. 1.
Amendment 204 #
2016/0225(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, implementing powers should be conferred on the Council for establishing the annual Union resettlement plan, fixing the maximum total number of persons to be resettled, the details about the voluntary participation of the Member States in the plan and their contributions to the total number of persons to be resettled, as well as overall geographical priorities.
Amendment 216 #
2016/0225(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commission should be empowered to establish targeted Union resettlement schemes laying down the precise number out of the total number of persons to be resettled and the voluntary participation of the Member State, consistent with the annual Union Resettlement plan. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers34. The examination procedure should be used for establishing targeted Union resettlement schemes given that those schemes have substantial implications. The Commission should aim to establish targeted Union resettlement schemes as soon as possible after the adoption of the annual Union resettlement plan and whenever necessary during the period covered by the annual Union resettlement plan. The Commission should take into account the discussions within the High-Level Resettlement Committee. _________________ 34 OJ L 55, 28/02/2011, p. 13. OJ L 55, 28/02/2011, p. 13.
Amendment 217 #
2016/0225(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Each targeted Union resettlement scheme should determine which standard procedural rules should apply to its implementation. It should in addition set out local cooperation arrangements where and as appropriate to facilitate its implementation.
Amendment 240 #
2016/0225(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, which do not jeopardise the attainment of the Union’s objectives under this Regulation, for example where they contribute an additional number of resettlement places to targeted Union resettlement schemes established under this Regulation going beyond their contribution to the maximum number of persons to be resettled under the annual Union resettlement placontribute to targeted Union resettlement schemes established under this Regulation.
Amendment 250 #
2016/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Member States’ participation in implementing the Union Resettlement Framework shall be voluntary.
Amendment 251 #
2016/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
This Regulation shall not give third- country nationals or stateless persons a subjective right to be resettled.
Amendment 256 #
2016/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
For the purposes of this Regulation ‘resettlement’ means the admission of third-country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the Member States with a view to granting them international protection.
Amendment 306 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point i
Article 4 – paragraph 1 – point d – point i
(i) reducing the number of third- country nationalsnationals of that country and other third countries, and of stateless persons, coming from that country and irregularly crossing the border into the territory of the Member States coming from that third country;
Amendment 321 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point а – introductory part
Article 5 – paragraph 1 – point а – introductory part
(i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that,
Amendment 325 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point а – point ii
Article 5 – paragraph 1 – point а – point ii
(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;
Amendment 347 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6
Article 5 – paragraph 1 – point b – point i – indent 6
Amendment 379 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point а – point ii
Article 6 – paragraph 1 – point а – point ii
(ii) (ii) they have committed a serious crime, including terrorism, regardless of whether this is within the European Union or in a third country;
Amendment 390 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) persons who are registered in the Entry/Exit system as having overstayed their set period residence in the territory of the European Union in the five years prior to resettlement;
Amendment 398 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) persons whom a Member State has, during the last five years prior to resettlement, refused to grant international protection;
Amendment 399 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e b (new)
Article 6 – paragraph 1 – point e b (new)
(eb) persons who, in the last five years prior to resettlement, have been returned – either voluntarily or by force – under readmission agreements;;
Amendment 408 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point е – paragraph 1 a (new)
Article 6 – paragraph 1 – point е – paragraph 1 a (new)
persons who, during the last five years prior to resettlement, have refused resettlement to a particular Member State;
Amendment 432 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) details about the voluntary participation of the Member States in the annual Union resettlement plan and their contributions to the total number of persons to be resettled;
Amendment 452 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point е
Article 8 – paragraph 2 – point е
Amendment 459 #
Amendment 471 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the fingerprints of all fingers, which should be entered in Eurodac, and a facial image of every third-country national or stateless person of at least six years of age;
Amendment 490 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a negative decision is taken, no resettlement of the person concerned shall occur. A negative decision by a Member State is not open to judicial or administrative appeal.
Amendment 496 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point c
Article 10 – paragraph 7 – point c
(c) where possible, offer a pre- departure orientation programme to third- country nationals or stateless persons, which may include information about their rights and obligations, language classes, and information about the Member State's social, cultural and political set-up.
Amendment 503 #
2016/0225(COD)
Amendment 523 #
2016/0225(COD)
3. To implement targeted Union resettlement schemes, and in particularf need be to conduct pre-departure orientation programmes, fit-to-travel medical checks, travel arrangements and other practical arrangements, Member States may be assisted by partners in accordance with local coordination and practical cooperation arrangements for targeted Union resettlement schemes established in accordance with point (d) of Article 8(2).
Amendment 239 #
2016/0224(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain applicants may be in need of special procedural guarantees due, inter alia, to their age, gender, sexual orientation, gender identity, disability, serious illness, mental disorders or as a consequence of torture, rape or other serious forms of psychological, physical, sexual or gender-based violence. It is necessary to systematically assess whether an individual applicant is in need of special procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken.
Amendment 287 #
2016/0224(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) This Regulation should provide for the possibility that applicants lodge an application on behalf of their spouse, partner in a stable and durable relationship, dependant adults and children who are minors. This option allows for the joint examination of those applications. The right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse, partner, dependant adult or minor within the set time-limit for lodging an application, the spouse or partner may still do in his or her own name, and the dependant adult or minor should be assisted by the determining authority. However, if a separate application is not justified, it should be considered as inadmissible.
Amendment 309 #
2016/0224(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 328 #
2016/0224(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are serious national security or public concerns, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligatiowhere there are serious national security or public concerns. Furthermore, an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
Amendment 403 #
2016/0224(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) As regards Albania, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in four out of 150 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country. In 2014, Member States considered that 7,8 % (1040) of asylum applications of citizens from Albania were well-founded. At least eight Member States have designated Albania as a safe country of origin. Albania has been designated as a candidate country by the European Council. At the time of designation, the assessment was that Albania fulfilled the criteria established by the Copenhagen European Council of 21- 22 June 1993 relating to the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Albania will have to continue to fulfil those criteria, for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 406 #
2016/0224(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) As regards Bosnia and Herzegovina, its Constitution provides the basis for the sharing of powers between the country's constituent peoples. The legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in five out of 1196 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country. In 2014, Member States considered that 4,6 % (330) of asylum applications of citizens from Bosnia and Herzegovina were well- founded. At least nine Member States have designated Bosnia and Herzegovina as a safe country of origin.
Amendment 409 #
2016/0224(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) As regards the former Yugoslav Republic of Macedonia, the legal basis for protection against persecution and mistreatment is adequately provided by principle substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in six out of 502 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country. In 2014, Member States considered that 0,9 % (70) of asylum applications of citizens of the former Yugoslav Republic of Macedonia were well-founded. At least seven Member States have designated the former Yugoslav Republic of Macedonia as a safe country of origin. The former Yugoslav Republic of Macedonia has been designated as a candidate country by the European Council. At the time of designation, the assessment was that the former Yugoslav Republic of Macedonia fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. The former Yugoslav Republic of Macedonia will have to continue to fulfil those criteria, for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 412 #
2016/0224(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) As regards Kosovo*, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation. The non-accession of Kosovo* to relevant international human rights instruments such as the ECHR results from the lack of international consensus regarding its status as a sovereign State. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country. In 2014, Member States considered that 6,3 % (830) of asylum applications of citizens of Kosovo* were well-founded. At least six Member States have designated Kosovo* as a safe country of origin.
Amendment 418 #
2016/0224(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) As regards Montenegro, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in one out of 447 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country. In 2014, Member States considered that 3,0 % (40) of asylum applications of citizens of Montenegro were well-founded. At least nine Member States have designated Montenegro as a safe country of origin. Montenegro has been designated as a candidate country by the European Council and negotiations have been opened. At the time of designation, the assessment was that Montenegro fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. Montenegro will have to continue to fulfil those criteria, for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 421 #
2016/0224(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) As regards Serbia, the Constitution provides the basis for self-governance of minority groups in the areas of education, use of language, information and culture. The legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 16 out of 11 490 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country. In 2014, Member States considered that 1,.8 % (400) of asylum applications of citizens from Serbia were well- founded. At least nine Member States have designated Serbia as a safe country of origin. Serbia has been designated as a candidate country by the European Council and negotiations have been opened. At the time of designation, the assessment was that Serbia fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. Serbia will have to continue to fulfil those criteria, for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 424 #
2016/0224(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) As regards Turkey, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 94 out of 2 899 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country. In 2014, Member States considered that 23,1 .1% (310) of asylum applications of citizens of Turkey were well-founded. One Member State has designated Turkey as a safe country of origin. Turkey has been designated as a candidate country by the European Council and negotiations have been opened. At the time, the assessment was that Turkey sufficiently meets fulfilled the political criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities, and Turkey will have to continue to fulfil those criteria, for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 532 #
2016/0224(COD)
The following authorities shallmay have the task of receiving and/or registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection:.
Amendment 564 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 571 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. TWhe applicantn a person applies for international protection, he or she shall cooperate with the responsible authorities for them to establish his or her identity as well as to register, enable the lodging of and examine the application by:
Amendment 594 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The applicant shall comply with obligations to report regularly to the competent authorities or to appear before them in person without delay or at a specified time or to remain in a designated area on its territory in accordance with Directive XXX/XXX/EU (Reception Conditions Directive), as imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 612 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point в
Article 8 – paragraph 2 – subparagraph 1 – point в
(c) their rights and obligations during the procedure, including the obligation to remain in the territory of the Member State in which they are required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 661 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point б a (new)
Article 9 – paragraph 3 – point б a (new)
б (а) a person represents or becomes a threat to the Member State's national security or commits an offence.In such a case the person should be extradited immediately to his or her country of origin or transit.
Amendment 702 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant’'s cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.
Amendment 707 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 8 – subparagraph 2
Article 12 – paragraph 8 – subparagraph 2
Where requested by the applicant, the determining authority shallmay ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
Amendment 821 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents firstobvious indications of vulnerability which may require special procedural guarantees and may be inferred from physical signs or from the applicant's statements or behaviour.
Amendment 824 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The information that an applicant presents firstobvious signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees.
Amendment 827 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 3
Article 20 – paragraph 2 – subparagraph 3
Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect firstobvious signs of vulnerability of applicants that could require special procedural guarantees and that it shall receive instructions for that purpose.
Amendment 983 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 1017 #
2016/0224(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Applications on behalf of a spouse, partner, minor or dependent adult
Amendment 1023 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minorschildren under the age of legal responsibility or dependent adults children without legal capacity.
Amendment 1029 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1035 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 1049 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adultsdependent adult children without legal capacity, each of those persons shall be given the opportunity of a personal interview.
Amendment 1065 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 10 – subparagraph 1
Article 31 – paragraph 10 – subparagraph 1
For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1069 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 10 – subparagraph 2
Article 31 – paragraph 10 – subparagraph 2
Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.
Amendment 1074 #
2016/0224(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.
Amendment 1086 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point г
Article 33 – paragraph 2 – point г
(d) the individual position and personal circumstances of the applicant, including factors such as background, gender, age, sexual orientation and agender identity, so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;
Amendment 1138 #
2016/0224(COD)
3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application is based on the same grounds, the determining authority may take a single decision, covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender, sexual orientation, gender identity or age-based persecution. In such cases, a separate decision shall be issued to the person concerned.
Amendment 1155 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point г
Article 36 – paragraph 1 – point г
г) a spouse or partner orn accompanied minor lodges an application after he or she had consented to have an application lodged on his or her behalf, and there are no facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1184 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point б
Article 39 – paragraph 1 – point б
б) a spouse, partner or minor has not lodged his or her application after the applicant failed to lodge the application on his or her own behalf as referred to in Article 31(3) and (8);
Amendment 1256 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point з
Article 40 – paragraph 1 – point з
з) the application is a subsequent application, including where the person has already been refused protection or has been the subject of a return decision, where the application is so clearly without substance or abusive that it has no tangible prospect of success.
Amendment 1277 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The determining authority may, in accordance with the basic principles and guarantees provided for in Chapter II, take a decision, at its own discretion and depending on its capacity, on an application at the border or in transit zones of the Member State on:
Amendment 1450 #
2016/0224(COD)
Proposal for a regulation
Article 47 – paragraph 3 – point b
Article 47 – paragraph 3 – point b
b) the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country;
Amendment 1531 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point b
Article 53 – paragraph 6 – subparagraph 1 – point b
b) within twoone weeks in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned, or in the case of a decision rejecting an application as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or border procedure or while the applicant is held in detention;
Amendment 1536 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point c
Article 53 – paragraph 6 – subparagraph 1 – point c
c) within one monthweek in the case of a decision rejecting an application as unfounded in relation to the refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection.
Amendment 1574 #
2016/0224(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. In cases involving complex issues of fact or law, the time-limits set out in paragraph 1 may be prolonged by an additional three month-period.
Amendment 242 #
2016/0223(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 254 #
2016/0223(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) In the event that the situation of a beneficiary of international protection or an applicant for international protection fulfil the conditions set out in Art 33(2) of the Geneva Convention, Member States should enjoy the discretion whether to return the person to his/her country of origin, in full respect of the European Charter of Fundamental Rights, in particular Article 4 and Article 19 (2).
Amendment 374 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. When examining an application for international protection the determining authority shall assess whether the applicant has deliberately behaved in a way that would determine his/her persecution in the country of origin, for the sole or main purpose of creating the necessary conditions for applying for international protection.
Amendment 379 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a subsequent application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulation] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin for the sole and main purpose of being granted international protection.
Amendment 480 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) particularly cruel actions when the act in question is disproportionate to the alleged political objective,ipation in the activities of a terrorist group even though it is not established that the person concerned committed, attempted to commit or threatened to commit a terrorist act as defined in the resolutions of the United Nations Security Council;
Amendment 485 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective.a conviction by the Courts of a Member State on a charge of participation in the activities of a terrorist group; or
Amendment 487 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) membership of the leadership of a terrorist group.
Amendment 502 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) he or she, having been convicted by a final judgment of a particularly serious crime with reference to offences listed in Article 2(2) of Framework Decision 2002/584/JHA, constitutes a danger to the community of the Member State in which he or she is present;
Amendment 519 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renewwithdrawing refugee status pursuant to point (a) of paragraph 1 shall only take effect threone months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.
Amendment 590 #
2016/0223(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renewwithdrawing subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.
Amendment 699 #
2016/0223(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 77 #
2016/0222(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 82 #
2016/0222(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Applicants are required to be present in the Member State where they made an application or in the Member State to which they are transferred in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]. In case an applicant has absconded from this Member State and, without authorisation, travelled to another Member State, it is vital, for the purpose of ensuring a well- functioning Common European Asylum System, that the applicant is swiftly returned to the Member State where he or she is required to be present. Until such a transfer has taken place, there is a risk that the applicant may abscond and his or her whereabouts should therefore be closely monitored.
Amendment 86 #
2016/0222(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The fact that an applicant has previously absconded to another Member State is an important factor when assessing the risk that the applicant may abscond. To ensure that the applicant does not abscond again and remains available to the competent authorities, once the applicant has been sent back to the Member State where he or she is required to be present, his or her whereabouts should therefore be closely monitored.
Amendment 88 #
2016/0222(COD)
Proposal for a directive
Recital 16
Recital 16
(16) For reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] or in order to effectively prevent the applicant from absconding, Member States should, where necessary, assign the applicant residence in a specific place, such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.
Amendment 193 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 1
Amendment 196 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 2
Amendment 201 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3
Article 7 – paragraph 2 – subparagraph 1 – point d – indent 3
Amendment 399 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 1
Article 17a – paragraph 1
1. An applicant shall not be entitled to the reception conditions set out in Articles 14 to 17 in any Member State other than the one in which he or she is required to be present in accordance withf they fail to meet their obligations under Regulation (EU) No XXX/XXX [Dublin Regulation].
Amendment 21 #
2016/0208(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as, custodian wallet providers for virtual currencies, issuers, administrators, intermediaries and distributors of virtual currencies, and administrators and providers of systems for online payments are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union’s financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and custodian wallet provider, custodian wallet providers, issuers, administrators, intermediaries and distributors of virtual currencies, and administrators and providers of systems for online payments. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach, safeguarding technical advances and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.
Amendment 24 #
2016/0208(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The credibility of virtual currencies will not rise if they are used for criminal purposes. In this context, anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread. The inclusion of virtual exchange platforms and, custodian wallet providers will not entirely address the issue of anonymity attached to virtual currency transactions, as a large part of the virtual currency environ, issuers, administrators, intermediaries and distributors of virtual currencies, and administrators and providers of systems for online payments will remain anonymous because users can also transact without exchange platforms or custodian wallet providersnot entirely address the issue of anonymity attached to virtual currency transactions in itself. To combat the risks related to the anonymity, virtual currencies should not be anonymous and national Financial Intelligence Units (FIUs) should be able to associate virtual currency addresses to the identity of the owner of virtual currencies. In addition, the possibility to allow users to self-declare to designated authorities on a voluntary basis should be further assessed.
Amendment 26 #
2016/0208(COD)
Proposal for a directive
Recital 11
Recital 11
(11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers’ needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and suppress the customer due diligence exemption for their online use.
Amendment 30 #
2016/0208(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Delayed access to information by FIUs and other competent authorities on the identity of holders of bank and payment accounts and safe deposit boxes, especially anonymous ones, hampers the detection of transfers of funds relating to terrorism. National data allowing the identification of bank and payments accounts and safe deposit boxes belonging to one person is fragmented and therefore not accessible to FIUs and other competent authorities in a timely manner. It is therefore essential to establish centralised automated mechanisms, such as a register or data retrieval system in all Member States as an efficient means to get timely access to information on the identity of holders of bank and payment accounts and safe deposit boxes, their proxy holders, and their beneficial owners.
Amendment 42 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/849
Article 2 – paragraph 1 – point 3 – point h a (new)
Article 2 – paragraph 1 – point 3 – point h a (new)
(ha) issuers, administrators, intermediaries and distributors of virtual currencies;
Amendment 43 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(hb) administrators and providers of online payment system services.
Amendment 47 #
2016/0208(COD)
“(18) ‘virtual currencies’ means a digital representation of value that is neither issued by a central bank or a public authority, nor necessarily attached to a fiat currencattached to a legally established fiat currency, does not possess a legal status of currency or money, but is accepted by natural or legal persons, as a means of exchange, payment and possibly also for other purposes, and which can be transferred, stored or traded electronically. Virtual currencies cannot be anonymous”;
Amendment 51 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive (EU) 2015/849
Article 10 – paragraph 1
Article 10 – paragraph 1
(2d) in Article 10, paragraph 1 is replaced by the following: “1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts or, anonymous passbooks or anonymous safe deposit boxes. Member States shall, in any event, require that the owners and beneficiaries of existing anonymous accounts or, anonymous passbooks or anonymous safe deposit boxes be subject to customer due diligence measures as soon as possible and in any event before such accounts or, passbooks or deposit boxes are used in any way”.
Amendment 52 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive (EU) 2015/849
Article 12 – paragraph 2
Article 12 – paragraph 2
“2. Member States shall ensure that the derogation provided for in paragraph 1 is not applicable in the case either of online payment or of redemption in cash or cash withdrawal of the monetary value of the electronic money where the amount redeemed exceeds EUR 50”;
Amendment 53 #
2016/0208(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The United Nations (UN), Interpol and Europol have been reporting for years on the increasing convergence between organised crime and terrorism. Given the increased convergence between organised crime and terrorism, fighting against organised crime networks should be part of any strategy in the fight against the financing of terrorism. Illicit trade in firearms, drugs, cigarettes and counterfeit goods, trade in human beings, racketeering and extortion have become very lucrative ways for terrorist groups to obtain funding, generating around 110 billion euros every year (without trade in counterfeit goods). The nexus between terrorism and organised crime and the links between criminal and terrorist groups constitute an increased security threat to the Union.
Amendment 54 #
2016/0208(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Also money laundering, illicit trade in goods, including but not limited to crude oil, narcotics, works of art, weapons and protected species, serious tax fraud and tax evasion of illegally acquired money are typically committed in respect of the financing of terrorist acts. Without prejudice to [the new anti- terrorism directive] Member States should take the necessary measures to criminalize these behaviours and to make sure that terrorists and terrorist organisations cannot benefit from profits resulting from those offenses.
Amendment 55 #
2016/0208(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Union measures must also accurately reflect developments and commitments undertaken at international level. Therefore, UN Security Council Resolutions 21995 (20154) urges States toon links between terrorism and transnational organised crime, 2199 (2015) on preventing terrorist groups from gaining access to international financial institutions and 2253 (2015) expanding Sanctions Framework to Include Islamic State in Iraq and Levant have to be taken into account.
Amendment 58 #
2016/0208(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as, custodian wallet providers for virtual currencies, issuers, administrators, intermediaries and distributors of virtual currencies, the administrators and providers of systems for online payments are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union's financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and custodian wallet provider, custodian wallet providers, issuers, administrators, intermediaries and distributors of virtual currencies, the administrators and providers of systems for online payments. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach, safeguarding technical advances and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.
Amendment 61 #
2016/0208(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The credibility of virtual currencies will not rise if they are used for criminal purposes. In this context, anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread. The inclusion of virtual exchange platforms and, custodian wallet providers will not entirely address the issue of anonymity attached to virtual currency transactions, as a large part of the virtual currency environ, issuers, administrators, intermediaries and distributors of virtual currencies, the administrators and providers of systems for online payments will remain anonymous because users can also transact without exchange platforms or custodian wallet providers. To combat the risks related to the anonymity,not entirely address the issue of anonymity attached to virtual currency transactions in itself. To combat the risks related to the anonymity, virtual currencies should not be anonymous and national Financial Intelligence Units (FIUs) should be able to associate virtual currency addresses to the identity of the owner of virtual currencies. In addition, the possibility to allow users to self-declare to designated authorities on a voluntary basis should be further assessed.
Amendment 68 #
2016/0208(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The criminalisation of terrorist financing, the provision of material support and assistance by supplying goods in the Directive on Combatting Terrorism should be taken in parallel to due diligence, monitoring and reporting requirements applicable to private economic actors who are engaged in trading in designated goods, whose trading is considered to be vulnerable to terrorist financing or that come from an area of operations of terrorist groups. Due diligence, monitoring and reporting requirements on private economic actors engaged in the trading in vulnerable goods would have a preventative effect by materially impairing the trading activities of organised criminal groups and terrorist groups as a source of terrorist financing. Reporting duties to competent bodies of the Member States and a coordinated cooperation between authorities at national and EU-level are suitable to generate additional knowledge to help tracking and prosecuting organised crime and other commercial activities of terrorist organisations more effectively.
Amendment 71 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive (EU) 2015/849
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand, waqf or fideicomiso, and all existing or future legal arrangements, which are similar in terms of structure or function.
Amendment 73 #
2016/0208(COD)
Proposal for a directive
Recital 11
Recital 11
(11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist thiss, terrorist organizations, terrorism sponsors and other intermediaries and facilitators these means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers' needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and suppress the customer due diligence exemption for their online use.
Amendment 73 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive (EU) 2015/849
Article 31 – paragraph 1 – subparagraph 2 – introductory part
Article 31 – paragraph 1 – subparagraph 2 – introductory part
Each Member State shall require that trustees of any express trust created, administered or operated in that Member State under the law of a Member State or of a third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of:
Amendment 74 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive (EU) 2015/849
Article 31 – paragraph 3 a
Article 31 – paragraph 3 a
“3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated”;
Amendment 75 #
2016/0208(COD)
Proposal for a directive
Recital 13
Recital 13
(13) FIUs play an important role in identifying the financial operations of terrorist networks, especially across borders, and in detecting their financial backers. Due to a lack of prescriptive international standards, FIUs maintain significant differences as regards their functions, competences and powers. ThoseFinancial investigations may be fundamental in uncovering the facilitation of terrorist offences and the networks and schemes of terrorist organisations. Due to a lack of prescriptive international standards, FIUs maintain significant differences as regards their functions, competences and powers. Member States should endeavour to ensure a more efficient and coordinated approach to deal with financial investigations, including those related to the misuse of virtual currencies, into terrorism. The current differences should however not affect an FIU's activity, particularly its capacity to develop preventive analyses in support of all the authorities in charge of intelligence, investigative and judicial activities, and international cooperation. FIUs should have access to information and be able to exchange it without impediments, including through appropriate cooperation with law enforcement authorities. In all cases of suspected criminality and, in particular, in cases involving terrorism financing, information should flow directly and quickly without undue delays. It is therefore essential to further enhance FIUs' effectiveness and efficiency, by clarifying the powers of and cooperation between FIUs.
Amendment 77 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive (EU) 2015/849
Article 31 – paragraph 4 – subparagraph 2
Article 31 – paragraph 4 – subparagraph 2
Competent authorities granted access to the central register referred to in paragraph 3a shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including, tax authorities, supervisors and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing and seizing or freezing and confiscating criminal assets.;
Amendment 81 #
2016/0208(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Delayed access to information by FIUs and other competent authorities on the identity of holders of bank and payment accounts and safe deposit boxes, especially anonymous ones, hampers the detection of transfers of funds relating to terrorism. National data allowing the identification of bank and payments accounts and safe deposit boxes belonging to one person is fragmented and therefore not accessible to FIUs and other competent authorities in a timely manner. It is therefore essential to establish centralised automated mechanisms, such as a register or data retrieval system in all Member States as an efficient means to get timely access to information on the identity of holders of bank and payment accounts and safe deposit boxes, their proxy holders, and their beneficial owners.
Amendment 84 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive (EU) 2015/849
Article 32 – paragraph 3 – subparagraph 1 – fourth sentence
Article 32 – paragraph 3 – subparagraph 1 – fourth sentence
“It shall be able to request, obtain and use additional information from any obliged entity”;
Amendment 85 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive (EU) 2015/849
Article 32 a – paragraph 1
Article 32 a – paragraph 1
1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC and bank accounts and safe deposit boxes held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 87 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive (EU) 2015/849
Article 32 a – paragraph 3 – indent 3 a (new)
Article 32 a – paragraph 3 – indent 3 a (new)
- for the safe deposit boxes: the name of the renter and the duration of the lease.
Amendment 91 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive (EU) 2015/849
Article 47 – paragraph 1
Article 47 – paragraph 1
“1. Member States shall ensure that providers of exchanging services between virtual currencies and fiat currencies, custodian wallet providers, currency exchange and cheque cashing offices, issuers, administrators, intermediaries and distributors of virtual currencies, administrators and providers of systems for online payments, and trust or company service providers are licensed or registered, and that providers of gambling services are regulated”;
Amendment 136 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h a (new)
Article 2 – paragraph 1 – point 3 – point h a (new)
(1a) In point (3) of Article 2(1), the following point is inserted: (ha) issuers, administrators, intermediaries and distributors of virtual currencies,
Amendment 139 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h b (new)
Article 2 – paragraph 1 – point 3 – point h b (new)
Amendment 171 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 2015/849/EU
Article 3 – point 18
Article 3 – point 18
(18) '"virtual currencies'" means a digital representation of value that is neither issued by a central bank or a public authority, nor necessarily attached to a fiat currencattached to a legally established fiat currency, does not possess a legal status of currency or money, but is accepted by natural or legal persons, as a means of exchange, payment and possibly also for other purposes, and which can be transferred, stored or traded electronically. Virtual currencies cannot be anonymous;
Amendment 203 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2015/849/EU
Article 10 – paragraph 1
Article 10 – paragraph 1
(2a) In Article 10, paragraph 1 is replaced by the following: 1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts or, anonymous passbooks or anonymous safe deposit boxes. Member States shall, in any event, require that the owners and beneficiaries of existing anonymous accounts or, anonymous passbooks or anonymous safe deposit boxes be subject to customer due diligence measures as soon as possible and in any event before such accounts or, passbooks or deposit boxes are used in any way.
Amendment 205 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2015/849/EU
Article 11 – point e a (new)
Article 11 – point e a (new)
(2b) In Article 11 the following point is inserted: (ea) when establishing a business relationship with a supplier or customer involving the trade of designated goods or in the case of a transaction with a supplier or customer being carried out outside an existing business relationship involving the trade of designated goods. The following goods whose trading is considered to be vulnerable to direct or indirect terrorist financing shall be deemed to be designated goods within the meaning of the first paragraph: (i) oil, oil products, modular refineries and related material, arms, nuclear material, precious metals and minerals such as gold, silver, copper and diamonds, (ii) machinery, electronics, tobacco products and pharmaceuticals, including the raw materials needed to manufacture, materials, packaging and containers bearing a designation of origin and certificates of authenticity, (iii) cultural artefacts and other items of archaeological, historical, cultural and religious importance, or rare scientific value, as well as ivory and protected species
Amendment 351 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2015/849/EU
Article 32 – paragraph 3 – subparagraph 1 – fourth sentence
Article 32 – paragraph 3 – subparagraph 1 – fourth sentence
It shall be able to request, obtain and use additional information from any obliged entity;
Amendment 352 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2015/849/EU
Article 32 – paragraph 4
Article 32 – paragraph 4
(aa) paragraph 4 is replaced by the following: 4. Members States shall ensure that their FIUs have timely and unrestricted access, directly or indirectly, in a timely manner, to the, at least, the following financial, administrative and law enforcement information that they require to fulfil their tasks properly.: (a) financial and administrative information – information for bank accounts – information on the identification of assets – information on legal and beneficial ownership – information on the identity of the person (ID, address, etc.) (b) law enforcement information – criminal police proceedings (ongoing criminal investigations); – criminal records; – mutual legal assistance records; – Schengen Information System, border crossings, border controls; FIUs shall be able to respond to requests for information by competent authorities in their respective Member States when such requests for information are motivated by concerns relating to money laundering, associated predicate offences or terrorist financing. The decision on conducting the analysis or dissemination of information shall remain with the FIU.
Amendment 356 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2015/849
Article 32 a – paragraph 1
Article 32 a – paragraph 1
1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC and bank accounts and safe deposit boxes held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 361 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 32 a – paragraph 3 – indent 3 a (new)
Article 32 a – paragraph 3 – indent 3 a (new)
– for the safe deposit boxes: the name of the renter and the duration of the lease
Amendment 388 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2015/849/EU
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Member States shall ensure that providers of exchanging services between virtual currencies and fiat currencies, custodian wallet providers, currency exchange and cheque cashing offices, andissuers, administrators, intermediaries and distributors of virtual currencies, the administrators and providers of systems for online payments, trust or company service providers are licensed or registered, and that providers of gambling services are regulated.;
Amendment 26 #
2016/0190(CNS)
Proposal for a regulation
Recital 1
Recital 1
Amendment 48 #
2016/0190(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) In exceptional cases, the authorities of the Member State of habitual residence of the child may not be the most appropriate authorities to deal with the case. In the best interests of the child, as an exception and under certain conditions, the authority having jurisdiction may transfer its jurisdiction in a specific case to an authority of another Member State if this authority is better placed to hear the case. However, in this case the agreement of the second authority should nofirst be allowed toobtained, since once it has accepted the case it cannot transfer jurisdiction to a third authority. .
Amendment 51 #
2016/0190(CNS)
Proposal for a regulation
Recital 23
Recital 23
(23) Proceedings in matters of parental responsibility under this Regulation as well as return proceedings under the 1980 Hague Convention should respect the child’s right to express his or her views freely, and when assessing the child’s best interests, due weight should be given to those views. The hearing of the child in accordance with Article 24(1) of the Charter of Fundamental Rights of the European Union and Article 12 of the United Nations Convention on the Rights of the Child plays an important role in the application of this Regulation. This Regulation is however not intended to set out how to hear the child, for instance, whether the child is heard by the judge in person or by a specially trained expert reporting to the court afterwards, or whether the child is heard in the courtroom or in another place . It is essential that the hearing of the child provide all guarantees necessary to allow the emotional integrity and the best interests of the child to be protected and, for this reason, such hearings should involve the support of professional mediators along with psychologists and/or social workers and interpreters.
Amendment 76 #
2016/0190(CNS)
Proposal for a regulation
Recital 42
Recital 42
(42) In specific cases in matters of parental responsibility which fall within the scope of this Regulation, Central Authorities should cooperate with each other in providing assistance to national authorities as well as to holders of parental responsibility. Such assistance should in particular include locating the child, either directly or through other competent authorities, where this is necessary for carrying out a request under this Regulation, and providing child-related information required for the purpose of proceedings. In cases where the jurisdiction is in a Member State other than the Member State of which the child is a national, the central authorities of the Member State with jurisdiction shall inform, without undue delay, the central authorities of the Member State of which the child is a national.
Amendment 80 #
2016/0190(CNS)
Proposal for a regulation
Recital 46
Recital 46
(46) An authority of a Member State contemplating a decision on parental responsibility should be entitlobliged to requestire the communication of information relevant to the protection of the child from the authorities of another Member State if the best interests of the child so require. Depending on the circumstances, this may include information on proceedings and decisions concerning a parent or siblings of the child, or on the capacity of a parent or family to care for a child or to have access to the child. The nationality, economic and social situation or cultural and religious background of a parent should not be considered as determining elements when deciding on the capacity to care for a child.
Amendment 87 #
2016/0190(CNS)
Proposal for a regulation
Recital 49
Recital 49
(49) Where an authority of a Member State has already given a decision in matters of parental responsibility or is contemplating such a decision and the implementation is to take place in another Member State, the authority mayust request that the authorities of that other Member State assist in the implementation of the decision. This should apply, for instance, to decisions granting supervised access to be exercised in a Member State other than the Member State where the authority ordering access is located or involving any other accompanying measures of the competent authorities in the Member State where the decision is to be implemented.
Amendment 89 #
2016/0190(CNS)
Proposal for a regulation
Recital 50
Recital 50
(50) Where an authority of a Member State considers the placement of a child with family members, in a foster family or in an institution in another Member State, a consultation procedure through the Central Authorities of both Member States concerned should be carried out prior to the placement. The authority considering the placement should obtain the consent of the competent authority of the Member State in which the child should be placed before ordering the placement. As the placements are most often urgent measures required to remove a child from a situation which puts his or her best interests at risk, time is of the essence for such decisions. In order to speed up the consultation procedure, this Regulation therefore exhaustively establishes the requirements for the request and a time limit for the response from the Member State where the child should be placed. The conditions for granting or refusing consent, however, continue to be governed by the national law of the requested Member State.
Amendment 90 #
2016/0190(CNS)
Proposal for a regulation
Recital 51
Recital 51
(51) Any long-term placement of a child abroad should be in accordance with Article 24(3) of the Charter of Fundamental Rights of the EU (right to maintain personal contact with parents) and with the provisions of the United Nations Convention on the Rights of the Child, notably Articles 8, 9 and 20. In particular, when considering solutions, due regard should be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background. In the case, in particular, of long-term placement, which is to say placement lasting more than three months, of a child abroad, the relevant authorities should always first consider the possibility of placing the child with relatives living in another country, if the child has established a relationship with those members of the family and if this is in the child’s best interests.
Amendment 96 #
2016/0190(CNS)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) the placement of the child with family members, in a foster family or in institutional care;
Amendment 119 #
2016/0190(CNS)
Proposal for a regulation
Article 10 – paragraph 3 – point а
Article 10 – paragraph 3 – point а
(a) the child has a substantial connection with that Member State, in particular by virtue of the fact that one of the holders of parental responsibility isor close relatives of the child, with whom the child is in continuous contact, are habitually resident in that Member State or that the child is a national of that Member State; and
Amendment 121 #
2016/0190(CNS)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
In so far as the protection of the best interests of the child so requires, the authority having taken the protective measures shall inform the authority of the Member State having jurisdiction under this Regulation as to the substance of the matter, either directly or through the Central Authority designated pursuant to Article 60. This authority shall ensure the equal treatment of the parents involved in the proceedings, including that they are thoroughly informed without delay about all the measures in question, in a language they fully understand.
Amendment 125 #
2016/0190(CNS)
Proposal for a regulation
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) is the habitual residence of a holder of parental responsibility or of a close relative with whom the child is in continuous contact; or
Amendment 126 #
2016/0190(CNS)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
When exercising their jurisdiction under Section 2 of this Chapter, the authorities of the Member States shall ensure that a child who is capable of forming his or her own views is given the genuine and effective opportunity to express those views freely during the proceedings, in accordance with the relevant national procedural rules and with the provisions of Article 12 of the UN Convention on the Rights of the Child.
Amendment 176 #
2016/0190(CNS)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where a decision in matters of parental responsibility is contemplated, an authority of a Member State, if the situation of the child so requires, mayust request any authority of another Member State which has information relevant to the protection of the child to communicate such information.
Amendment 177 #
2016/0190(CNS)
Proposal for a regulation
Article 64 – paragraph 2 a (new)
Article 64 – paragraph 2 a (new)
2а. Where matters of parental responsibility are under scrutiny, the central authority of the Member State where the child is habitually resident must inform, without undue delay, the central authority of the Member State of which the child or one of the child’s parents is a national on the existence of proceedings.
Amendment 178 #
2016/0190(CNS)
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. An authority of a Member State mayust request the authorities of another Member State to assist in the implementation of decisions in matters of parental responsibility given under this Regulation, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contact on a regular basis.
Amendment 179 #
2016/0190(CNS)
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. The authorities of a Member State where the child is not habitually resident shall, upon request of a personarent or family member residing in that Member State who isare seeking to obtain or to maintain access to the child, or upon request of a Central Authority of another Member State, gather information or evidence, and may make a finding, on the suitability of thatose persons to exercise access and on the conditions under which access should be exercised.
Amendment 186 #
2016/0190(CNS)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. Where an authority having jurisdiction under this Regulation contemplates the placement of a child with family members, in institutional care or with a foster family in another Member State, it shall first obtain the consent of the competent authority in that other Member State. To that effect it shall, through the Central Authority of its own Member State, transmit to the Central Authority of the Member State where the child is to be placed a request for consent which includes a report on the child together with the reasons for the proposed placement or provision of care.
Amendment 187 #
2016/0190(CNS)
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1а. Member States shall guarantee the parents and relatives of the child, regardless of their place of residence, right of regular access, except where this would jeopardise the well-being of the child.
Amendment 188 #
2016/0190(CNS)
Proposal for a regulation
Article 65 – paragraph 4 – subparagraph 1 a (new)
Article 65 – paragraph 4 – subparagraph 1 a (new)
If the competent authority intends to send social workers to another Member State in order to determine whether a placement there is compatible with the well-being of the child, it shall inform the Member State concerned accordingly.
Amendment 66 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts of Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on court jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. _________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 74 #
2016/0152(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakingsWhen purchasing goods or services, individual consumers, micro- businesses and small and medium-sized enterprises find themselves in similar circumstances. This is why they should be safeguarded from discrimination for reasons related to their nationality, place of residence or place of establishment when acting as customers for the purposes of this Regulation. However, that protection should not extend to situations where customers purchasinge a good or a service for commercial purposes, such as resale, because ithis would affect widely -used distribution schemes between undertakings in a business to businescommercial and contractual relations context, such as selective and exclusive distribution, which generally allow for manufacturers to select their retailers, subject to compliance with the rules on competition.
Amendment 78 #
2016/0152(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The adverse effects for customers and on the internal market of discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within the Union.
Amendment 89 #
2016/0152(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law, with which the trader must comply when carrying on commercial activities in the Member State concerned. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason.
Amendment 107 #
2016/0152(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The prohibition of discrimination under this Regulation should not be understood as an obligation to deliver goods cross-border to another Member State where the trader would not otherwise offer the possibility of such delivery to its customers, nor as an obligation to take back goods in another Member State or bear additional costs in this regard, where the trader would otherwise not be under such an obligation.
Amendment 116 #
2016/0152(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross- border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the Union. Where there is a risk of customers defaulting on their obligations, and more specifically where the customer is experiencing difficulties in making payment, the trader should be able to withhold the goods or the service until it receives confirmation that payment has been made. _________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 122 #
2016/0152(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Member States should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this Regulation. Member States should also ensure that effective, proportionate and dissuasive penaltimeasures can be imposedtaken in respect onf traders in the event of any breach of this Regulation.
Amendment 151 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing unjustified discrimination based, directly or indirectly, on the nationality, place of residence or place of establishment of customers.
Amendment 61 #
2016/0151(COD)
Proposal for a directive
Recital 19
Recital 19
(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced. Member States should ensure the highest level of protection for consumers, and particularly young viewers, against an excessive amount of broadcast advertising, especially during prime time.
Amendment 95 #
2016/0151(COD)
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure adequate discoverability and accessibility of content of general interest under defined general interest objectives such as freedom of expression, media pluralism, freedom of speechto conduct a business and the right to property, including intellectual property rights, and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.
Amendment 133 #
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 European Union Agency for Asylum should provide up-to-date information about third countries, particularly countries of origin of asylum seekers.
Amendment 143 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 195 #
2016/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 198 #
2016/0133(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge, for making take back notifications, and for carrying out transfers, as well as for making and deciding on appeals, should be streamlined and shortened to the greatest extent possible.
Amendment 229 #
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 which a Member State is responsible exceeds 15075% of the figure identified in the reference key. 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 the purposes of this calculation.
Amendment 257 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) AIn cases where there is an immediate threat to national security, a Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidaritysuch opt- outs from the corrective allocation mechanism.
Amendment 268 #
2016/0133(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. That network should promote the exchange of best practices concerning the examination of an asylum application by the competent authorities of Member States under this Regulation and initiate the training of the employees of those authorities.
Amendment 269 #
2016/0133(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
Amendment 355 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Amendment 368 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 378 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 386 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 396 #
2016/0133(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person who intends to make an application for international protection has entered irregularly into the territory of thea Member States, the application shall be made in theat Member State of that first entry. Where a person who intends to make an application for international protection is already legally present in a Member State, the application shall be made in that Member State.
Amendment 404 #
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 determiningquired by the Member State responsible and cooperate with the competent authorities of the Member States.
Amendment 410 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 592 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus enteredentered the Union by land, sea or air, the Member State of the applicant's first application for international protection shall be responsible for examining the application for international protection.
Amendment 624 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
Amendment 625 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
Amendment 627 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
Amendment 631 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
Amendment 640 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 645 #
2016/0133(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Cessation of responsibilities The obligations set out in Article 20 shall cease if the Member State responsible can establish that the person concerned has left its territory voluntarily for more than three months or in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application that is lodged after the applicant has been absent for such a period or has been effectively removed shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 650 #
2016/0133(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 660 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 664 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5 a. The Member State with which the application is lodged shall search the EES pursuant to Article 25b of Regulation (EU) ..../... [EES Regulation, 2016/0106(COD)] with a view to facilitating the application of this Regulation.
Amendment 673 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point f
Article 23 – paragraph 2 – point f
Amendment 698 #
2016/0133(COD)
Proposal for a regulation
Chapter 6 – section 4
Chapter 6 – section 4
Amendment 722 #
2016/0133(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 790 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 15075% of the reference number for that Member State as determined by the key referred to in Article 35.
Amendment 803 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The reference number of a Member State shall be determined by applying the key referred to in Article 35 to the total number of applications as well as the total number of resettled persons that have been entered by the respective Member States responsible in the automated system during the preceding 1236 months.
Amendment 823 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) the size of the active population (250 % weighting);
Amendment 827 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the total GDP (250% weighting);
Amendment 838 #
2016/0133(COD)
(bb) the average unemployment rate during the preceding 12 months (25% weighting)
Amendment 840 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) GDP growth rate during the preceding 12 months (25% weighting)
Amendment 882 #
Amendment 890 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may, at the end of the three-month period afIf there is an immediater the entry into force of this Regulation and at the end of each twelve-month period thereafter,reat to its national security, a Member State may enter in the automated system that it will temporarily not take part in the corrective allocation mechanism set out in Chapter VII of this Regulation as a Member State of allocation and notify this to the Member States, the Commission and the European Union Agency for Asylum.
Amendment 895 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The automated system referred to in Article 44(1) shall in that case apply the reference key during this twelve-monthe opt-out period to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1), with the exception of the Member State which entered the information, as well as the benefitting Member State. The automated system referred to in Article 44(1) shall count each application which would have otherwise been allocated to the Member State which entered the information pursuant to Article 36(4) for the share of that Member State.
Amendment 901 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 908 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 919 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The European Union Agency for Asylum shall monitor and report to the Commission on a yearly basis on the application of the financial solidarityopt-out mechanism.
Amendment 976 #
2016/0133(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below 15075 % of its share pursuant to Article 35(1).
Amendment 993 #
2016/0133(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
That network shall promote the exchange of best practices concerning the examination of an asylum application by the competent authorities of Member States under this Regulation and initiate the training of the employees of those authorities.
Amendment 1014 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
GDP growth rate effectMS28a _________________ 28aFor three Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments.
Amendment 1016 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 2 b (new)
Annex I – paragraph 2 b (new)
Unemployment rate effectMS = 1/average unemployment rate during the preceding 12 months28b _________________ 28bFor three Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments.
Amendment 1020 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 3
Annex I – paragraph 3
ShareMS = 250% Population effectMS + 250% GDP effectMS + 25% GDP growth rate effectMS + 25% unemployment rate effectMS
Amendment 160 #
2016/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication of the Commission of 13 February 2008 entitled 'preparing the next steps in border management in the European Union'20 outlined the need, as part of the European integrated border management strategy, to establish an Entry/Exit System (EES) which registers electronically the time and place of entry and exit of third country nationals admitted for a short stay to the Schengen areaUnion and which calculates the duration of their authorised stay. _________________ 20 COM (2008) 69 final COM (2008) 69 final
Amendment 173 #
2016/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to third- country nationals admitted for a short stay to the Schengen areaterritory of the Union, regardless of whether or not the Schengen acquis is applicable in a given Member State. It should also apply to third -country nationals whose entry for a short stay has been refused.
Amendment 181 #
2016/0106(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) For the purpose of verifying compliance with the limit of no more than 90 days in any 180-day period for intended stays on the territory of the Member States, the automated calculator included in the EES should take into account all the stays in the territory of the EU Member States, regardless of their nature and legal basis. The automated calculator should also take into account stays spent on the basis of Schengen short stay visas, short stay visas issued by a Members State not yet fully applying the Schengen acquis and stays of third- country nationals exempt from the visa obligation. In particular, with the exception of the initial period of stay, all extensions granted in accordance with Article 20(2) of the Convention Implementing the Schengen Agreement should be taken into account.
Amendment 271 #
2016/0106(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A five year data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the Schengen areaUnion. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the conditions of stay. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The five year data retention period will reduce the re-enrolment frequency and will be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen areaEU, the fact that other travellers being already registered in the EES will not have to re-enrol will reduce the waiting time at border. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duration of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EES to facilitate border crossing.
Amendment 304 #
2016/0106(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) This Regulation establishing the EES replaces the obligation to stamp passports of third country nationals which is applicable by all acceding Member States. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession should not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Such Member States should register in the EES the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stay.
Amendment 351 #
2016/0106(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Use of the EES at the external borders of the Union 1. The EES shall be deployed at the external borders of the Member States. 2. Member States applying the Schengen acquis in full shall use the EES when carrying out border checks at border crossing points and at internal borders between those Member States and Member States not yet applying the Schengen acquis in full. 3. Member States not yet applying the Schengen acquis in full shall introduce the EES at: (a) airports where border checks are carried out on flights to and from a third country; (b) river ports and sea ports where border checks are carried out on vessels navigating between such ports and ports situated in a third country. 4. During the border checks at the internal borders referred to in paragraph 2, Member States applying the Schengen acquis in full shall: (a) create an individual file of holders of a resident permit or a long-stay visa issued by a Member State not yet applying the Schengen acquis in full and shall create an entry/exit record; (b) add the data provided for in points (d) or (e) of Article 14(1) to the last relevant entry/exit record of third-country nationals subject to a visa requirement created by a Member State not yet applying the Schengen acquis in full. Additional data provided for in points (a), (b) and (c) of Article 14(1) and points (a) and (b) of Article 14(3) shall be entered during the border checks at the internal borders referred to in paragraph 2 for the purposes of calculating the authorised stay based on the visa on the territory of Member States applying the Schengen acquis in full.
Amendment 357 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) enhance the efficiency of border checks by calculating and monitoring the duration of the authorised stay at entry and exit of third country nationals admitted for a short stay {or on the basis of a touring visa} in the Union;
Amendment 362 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) assist in the identification of any person who does not, or does no longer fulfil the conditions for entry to or stay on the territory of the Member StatesUnion;
Amendment 400 #
2016/0106(COD)
The EES shall include an automated calculator that indicates the maximum authorised duration of stay in accordance with Article 6(1) of Regulation (EU) 2016/399 for third country nationals registered in the EES admitted for a short stay {or on the basis of a touring visa} in the Union.
Amendment 410 #
2016/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 416 #
2016/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The EES shall include a mechanism that shall automatically identify which entry/exit records do not have exit data immediately following the date of expiry of the authorised length of stay in the Union and identify records for which the maximum stay allowance in the Union has been exceeded.
Amendment 490 #
2016/0106(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Access to data for verification within the territory of the Member StatesUnion
Amendment 491 #
2016/0106(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
For the purpose of verifying the identity of the third country national and/or whether the conditions for entry to or stay on the territory of the Member StatesUnion are fulfilled, the authorities of the Member States competent to carry out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member StatesUnion are fulfilled, shall have access to search with the data referred to in Article 14(1)(a), (b) and (c).
Amendment 540 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The access to the EES as a criminal intelligence tool to consult the travel history or the periods of stay in the Schengen areaUnion of a known suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and where there is a duly justified need to consult the entry/exit records of the person concerned.
Amendment 40 #
2015/2352(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Also regretnotes the fact that the way civil liability is handled varies considerably from one Member State to another and that there is often uncertainty as to how Member States’' legal systems would deal with the diversity of civil claims that could result from offshore oil and gas incidents; calls on the European Commission to pay particular attention to this when drawing up the OSD Implementation Report;
Amendment 46 #
2015/2352(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that the civil procedure rules differ considerably from one Member State to another; notes, in this perspective, that compensatory and remedial claims for traditional damage are further obstructed by civil could be improcvedure rules on time limitations, financial costs, non- availability of public interest litigation and mass tort claims, and provisions on evidence, which differ considerably from one Member State to another by the creation of minimum standards in civil procedure;
Amendment 56 #
2015/2352(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises, therefore, that it is of the utmost importance to update existing liability systems in the Member States in order to ensure that if an incident occurs in the waters of these states, it would not adversely affect the future of the offshore oil and gas operations of the state in question, nor that of the entire EU, were the incident to occur in an area that is largely dependent on tourism for revenue; calls, therefore, on the Commission to revisit the need to introduce common EU standard invites the Member States to consider the establishment of systems to exchange best practices for remedial and compensatory claim systemechanisms;
Amendment 65 #
2015/2352(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. RegretNotes the fact that none of the Member States explicitly sets out a broad range of financial security instruments concerning compensation for claims for traditional damage from offshore oil and gas incidents; underlines in this context that over-reliance on insurance could potentially result in a closed market for financial security instruments, with the corollary potential for a lack of competition and increased cose necessity to further study the role of insurances on the market for financial security instruments;
Amendment 74 #
2015/2352(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is necessary to analyse to what extent the introduction of criminal liability at EU level could add a layer of deterrence beyond civil penalties, which could improve protection of the environment and compliance with safety measures; calls on the Commission to prepare and submit to Parliament its first implementation report on the OSD in a timely fashion, and no later than 19 July 2019, in order to allow the latter to revisit the introduction of criminal liability for offshore safety violations leading to offshore accidents based on concrete and systematic data;
Amendment 84 #
2015/2352(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asks the Commission and the Member States to consider the possibility of introducing further legislationmeasures, which would effectively safeguard offshore oil and gas operations before a severe accident takes place;
Amendment 92 #
2015/2352(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Invites the Commission and the Member States, in this context, to continue examining the possibility for an international solution, considering that many oil and gas companies operating in the EU are active across the world and that a global solution would ensure a global level playing field;
Amendment 5 #
2015/2342(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. whereas, although the humanitarian crisis affecting more than 65.3 million ‘displaced’ persons1 means thatakes the distinction between people in need of international protection and migrants is becoming increasingly difficult to draweconomic migrants difficult to draw, such distinction has to be made for the purpose of effectively implementing appropriate and corresponding EU policies and measures; _________________ 1 http://www.unhcr.org/news/latest/2016/6/5 763b65a4/global-forced-displacement-hits- record-high.html
Amendment 78 #
2015/2342(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned by the growing tendency to make all EU policies conditional on management of migraStresses that EU policies and development and humanitarian aid funds have to create conditions flows and denounces the use of development and humanitarian aid funds in this areaor economic growth, poverty alleviation and job creation in the countries of origin of migrants;
Amendment 89 #
2015/2342(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for all agreements with third countries to guarantee that the rights of migrants, whatever their status,the signature and effective implementation of readmission agre respected and promotes the adoption of appropriate laws, including in respect of asylumements with third countries;
Amendment 116 #
2015/2342(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. ExpStresses its concern about the treatmentthat the EU needs to support programmes for the reintegration of migrants who are sent back to their country of origin or to a third country;
Amendment 10 #
2015/2254(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 95 #
2015/2254(INL)
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 239 #
2015/2254(INL)
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 265 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 276 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union; with respect to the principles of subsidiarity, necessity and proportionality;
Amendment 305 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 338 #
2015/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
Amendment 408 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 3
Annex – Citation 3
– having regard to Article 4(3) and Article 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union and Protocol No 2 on the application of the principles of subsidiarity and proportionality,
Amendment 440 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 1
Annex – Recital 1
(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States, while respecting the principle of subsidiarity, necessity and proportionality and that includes both the preventative and the corrective dimension;
Amendment 460 #
2015/2254(INL)
Motion for a resolution
Annex – Article 2
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including an a European Report with country-specific recommendations (the Report) and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field, a bi-annual inter-parliamentary debate on the basis of that ScoreboardReport, and arrangements for remedying possible risks and breaches, as provided for by the Treaties and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;
Amendment 470 #
2015/2254(INL)
Motion for a resolution
Annex – Article 4
Annex – Article 4
An bi-annual scoreboardReport on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commissionshall be forwarded to the Commission, which shall transmit it to the European Parliament, the Council, and the national parliaments while at the same time assessing the recommendations of the panel. Those reports shall be made available to the public;
Amendment 475 #
2015/2254(INL)
Motion for a resolution
Annex – Article 5
Annex – Article 5
The DRF ScoreboardReport shall incorporate, replace and complete existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU) and replace the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania;
Amendment 479 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF ScoreboardReport shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:
Amendment 490 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)
Annex – Article 6 – paragraph 1 a (new)
All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.
Amendment 496 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories,Report shall be presented in a harmonised format and accompanied by country-specific reports. commendations and shall be elaborated with a specific focus on:
Amendment 501 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 –point 8.1
Annex – Article 8 –point 8.1
Amendment 511 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
Annex – Article 8 – point 8.2 – introductory part
Amendment 516 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7
Annex – Article 8 – point 8.2 – indent 7
– Title I -V of the Charter
Amendment 519 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1
Annex – Article 8 – point 8.3 – indent 1
Amendment 529 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1
Annex – Article 9 – point 9.1
The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; – ten academic experts designated by the federation of All European Academies (ALLEA); – ten experts designated by the European Network of National Human Rights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be representatives of the constitutional courts, where applicable, or members of the respective supreme national courts with appropriate expertise to participate in such a panel. ten former judges designated by two experts each designated by the
Amendment 542 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draftReport and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
Amendment 555 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – introductory part
Annex – Article 11 – introductory part
Amendment 557 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF ScoreboardReport, including draft country-specific recommendations, shall be developed bi-annually by the DRF expert panel;
Amendment 562 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 2
Annex – Article 11 – indent 2
Amendment 568 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
Amendment 570 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
Amendment 580 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
The adopttransmission of the DRF ScoreboardReport by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:to the European Parliament, Council and national Parliaments shall initiate the inter-parliamentary debate.
Amendment 583 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary bi-annual debate on the basis of the DRF Scoreboard,Report and adopt a resolution;
Amendment 590 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an bi-annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ScoreboardReport and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ScoreboardReport, proposals or reforms;
Amendment 595 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
Amendment 600 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions,Report the Commission mayshall decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice underon further actions, in compliance with Article 7017(3) TFEU.
Amendment 603 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 4 a (new)
Annex – Article 12 – indent 4 a (new)
– The Commission shall apply and enforce existing tools and mechanism for the monitoring and enforcement of member states compliance with rule of law and fundamental rights as provided by the Treaties while ensuring that the criteria of non-discrimination, equal handling of MS, objectivity, fairness as well as diversity of constitutional and cultural traditions of MS and principle of subsidiarity are duly taken into account.
Amendment 604 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
Amendment 608 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
Amendment 609 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard,monitoring report if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.
Amendment 615 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2.1
Annex – Article 12 – point 12.2.1
Amendment 620 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
Amendment 625 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
Amendment 644 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
The Report with country specific recommendations shall replace the annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union, shall be included in the annual DRF policy cycle of the DRF Scoreboarduch as:
Amendment 651 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 –indent 3 a (new)
Annex – Article 16 –indent 3 a (new)
– Annual report on the situation of Fundamental rights in the EU.
Amendment 6 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for compliance with data protection legislation of all initiatives developed under the Digital Single Market Strategy; underlines the fact that respect for fundamental rights and data protection are key elements in building citizens’ trust and security, which are necessary for a balanced approach allowing the development of the economy and should thus be considered as creating opportunities and a competitive advantage; to this end, stresses the need for cooperation between technologies, business and public authorities to ensure compliance with the applicable EU legislation;
Amendment 16 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choice and competitiveness 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 supporting creators, investors and consumers; calls in this regard for competitiveness tests on all new proposalall new proposals to be subject to competitiveness tests and to detailed impact assessments examining their effects on growth, SMEs and employment as well as their potential costs and benefits;
Amendment 24 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the communication of the Commission" Towards a Connected Digital Single Market Act" and the included commitment to modernise the copyright framework to adapt them to the digital age while at the same time ensuring the right balance between a fair remuneration of the author, the public interest of dissemination of knowledge and preserving cultural diversity;
Amendment 28 #
2015/2147(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the potential of the Digital Single Market to stimulate social and generational inclusion which requires a regulatory framework that makes private investment in creative infrastructure commercially attractive as this will ultimately be beneficial to creators and end-users;
Amendment 33 #
2015/2147(INI)
Draft opinion
Paragraph -2 a (new)
Paragraph -2 a (new)
-2a. Calls on distributors to publish all available information concerning the technological measures necessary to ensure interoperability of their content;
Amendment 53 #
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 for reforms to enable the enhanced portability of legally acquired content to be prioritised, and for the introduction of commercial models for flexible licensing, benefiting consumers without undermining either the principle of territoriality for exclusive rights or that of freedom of contract, both of which play a fundamental role in the financing of audiovisual works;
Amendment 68 #
2015/2147(INI)
Motion for a resolution
Recital B
Recital B
B. whereas all Union policies and legislations in the area of the Digital Single Market should allow new opportunities for users and businesses to emerge, especially within today’s service society, while taking a holistic approach that considers their social dimension as they inevitably involve structural changeoffer EU citizens a larger variety of cross-border services, stimulate the creation of innovative online services at competitive prices and facilitate easier access for businesses, and in particular SMEs, to cross-border markets;
Amendment 70 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that any reform of the copyright framework should take as a basis a high level of 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 73 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to ensure that any initiative to modernise copyright is preceded by a wide-ranging study of its likely impact on the production, financing and distribution of audiovisual works, and also on cultural diversity;
Amendment 75 #
2015/2147(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Asks the Commission to ensure in this respect fair remuneration for creators and rightholders and to guarantee that persistence and perseverance is exercised throughout the creative supply chain;
Amendment 84 #
2015/2147(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas there is a strong need for an improved and robust digital economy in Europe. Barriers between Member States must be removed to create a real 'Digital Single Market' which constitutes one of the cornerstones of growth and employment in the EU;
Amendment 110 #
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 shouldconsideration should be given as to how internet service providers and online intermediaries, along with other actors in the supply chain, such as payment providers, could play a significant role ingreater role in facilitating action against illegal content and tackling copyright abuses on a commercial scale;
Amendment 127 #
2015/2147(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to consider solutions aimed at remedying the displacement of the value of creative works from content to services; stresses the need to adjust the definition of the status of intermediary to match the current digital environment;
Amendment 130 #
2015/2147(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that under Article 5 of Directive 2000/31/EC, providers of online services are obliged to clearly indicate their identity, and that compliance with this requirement is vital to ensuring consumer confidence in e-commerce;
Amendment 138 #
2015/2147(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas a regulatory environment which better incentivizes investments in fixed and mobile electronic communications infrastructures is an essential requirement for a flourishing Digital Single Market; Widely available advanced communications infrastructures is essential for an inclusive digital economy;
Amendment 140 #
2015/2147(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas for the Digital Single Market to be competitive and to deliver its benefits to citizens and businesses, a level playing field for operators must be created. Market players need a reliable, fair, transparent and proportionate regulatory framework that allows them to compete fairly and equitably and to come up with innovative ideas and products without facing burdensome regulation;
Amendment 168 #
2015/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomesRegrets that the Commission’s aim to withdraew theits proposal onfor a Common European Sales Law and the intention to propose rules for digital content; notes the proposal to introduce the ‘home option’ in order to bring down barriers to cross- border trade; insists on the need for comprehensive evidence and consultation with stakeholders before this approach is pursued, in particular as regards the impact it would have on the current protection provided to consumers under national law, especially in terms of remedies for failure to comply with the terms of contracts for online sales.without consulting the European Parliament, recalls that Parliament adopted its first reading position with vast majority on 26.02.2014, Welcomes however the Commission’s intention to propose rules for digital content; reiterates Parliaments repeated request that any new proposal should be based on EP’s first reading position;
Amendment 185 #
2015/2147(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that digital developments also provide for a meaningful change in public administration, establishing much more effective, simplified and user-friendly e- administration. In this regard it is very important for the citizens and the business to have interconnected commercial registers;
Amendment 210 #
2015/2147(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the European commission to propose initiatives that will overcome legal fragmentation and allow companies to reap the benefits of the single market, giving consumers a wider choice;
Amendment 220 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trusttrust of citizens and businesses in digital services is vital to innovation and growth in the digital economy and that reinforcing that trust for both consumers and economic operators should be at the basis of both public policy and business models;
Amendment 277 #
2015/2147(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need for cross-border financial instruments of venture capital which can support innovative SMEs in the scale up phase encouraging the emergence of European leaders in this new digital environment.
Amendment 384 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that consumers should be at the heart of the digital single market and calls for the adaptation of the current regulatory consumer protection framework for the digital age;
Amendment 387 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the important steps that have been taken in recent years on online dispute resolution and underlines that other areas of e-commerce still need to be addressed to ensure a level playing field and help European e-commerce to accelerate;
Amendment 392 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Believes that better consumer protection has to be balanced with the needs and capacities of business, in particular small and medium-sized enterprises. The rights and obligations of consumers and businesses go hand-in- hand and must come to a fair balance for both sides;
Amendment 397 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that dismantling barriers to the cross-border development of e- commerce is of the utmost importance. This concerns, in particular, cross-border parcel delivery and VAT rules applicable to the sale of goods and services – which, due to their fragmentation and a lack of transparency, hamper cross-border e- commerce;
Amendment 414 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework governing online salesthe supply of digital content irrespective of whether they are cross- border or domestic saletransactions, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approach;
Amendment 492 #
2015/2147(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an ambitious enforcement framework forof the consumers' acquis and of the Services Directive; encourages the Commission to make use of all means at its disposal to ensure the full and correct implementation of existing rules, including fast-track infringement procedures whenever incorrect or insufficient implementation of the directive isare identified;
Amendment 527 #
2015/2147(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Relies upon the high level of competition in delivery markets to adapt to consumer needs online and to guarantee fair prices;
Amendment 554 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, and tangible goods and services by in particular by ending unjustified geo- blocking practices and unfair price discrimination based on geographical location;
Amendment 669 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Believes that the regulatory framework should better reward the risks of private investments in new infrastructures. This will ultimately be beneficial to the end-user also in remote areas;
Amendment 680 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Asks the Commission to take the necessary measures enabling all citizens to be connected to the internet at the highest speed and the lowest possible costs;
Amendment 686 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Believes that the financing instruments in the Juncker plan will be crucial sources of investment;
Amendment 12 #
2015/2121(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the extra funding for the Asylum, Migration and Integration Fund; queries if the proposed funding will be sufficient to allow for full financing of the Commission’s relocation-mechanism and resettlement-programme proposals and for supporting all frontline Member States that experience migratory pressure in the implementation of the Common European Asylum System;
Amendment 26 #
2015/2121(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that to prevent further loss of life at sea and to further implement the principles of solidarity and fair sharing of responsibility, greater and more predictable financial resources will be required in the medium and long term.
Amendment 36 #
2015/2110(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for Member States to invest more heavily in fostering a culture of legality; to this end, recommends that the European Commission annually monitors the fight against organized crime and corruption in all Member States and publishes annual reports and recommendations;
Amendment 52 #
2015/2110(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that the current round of EU proposals concerning the fight against organised crime should place the emphasis on combating crimes of association (i.e. the fact of belonging to a criminal organisation), rather than simply combating so-called target crimes (i.e. crimes which such organisations are set up to commit); reiterates that this round of proposals should also include the combating of money laundering among its priorities; moreover calls for the creation of an European Anti-Corruption Strategy with accompanying legislative proposals;
Amendment 95 #
2015/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers, including in the fight against VAT fraud;
Amendment 114 #
2015/2110(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime at EU level; calls on the Member States to increase the resources they devote toCalls for greater and more efficient cross-border police and judicial cooperation, to guarantee the between Member States, mutual admissibility of evidence between Member States, to ensure that, greater use is made of joint investigation teams and tohe employment of a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;
Amendment 128 #
2015/2110(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that the EU and its Member States should implement properly and strengthen EU measures concerning the tracing, freezing and confiscation of proceeds of crime, the management of frozen and confiscated property and its re- use for social purposes; urges Member States to increase cooperation and exchange of best practices on the matter;
Amendment 144 #
2015/2110(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to take measures to curb the activities ofprevent professionals, banks, civil servants and politicians, who, although not members of criminal organisations, support them at var from supporting criminal organizations at various levels, as well as to cooperate more in such investigatiouns levelswhen needed;
Amendment 186 #
2015/2110(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that the complex activities of criminal organisations often prepare the ground for identity-based terrorism; believes that if the fight against terrorism is to be effective, EU legislation on combating organised crime and money- laundering needs to be strengthened;
Amendment 190 #
2015/2110(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Condemns the way in which organised crime has infiltrated the bodies responsible for managing funds for the reception of migrants, and calls for specific measures to combat smuggling and trafficking in human beings, which is mostly conducted by criminal groups;
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 88 #
2015/2095(INI)
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decisions, operational support measures, shared responsibility in the management of the external EU borders and migratory flows, a pro-active interpretation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while resettlement, humanitarian admission and search and rescue at sea promote external solidarity;
Amendment 109 #
2015/2095(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the fight against migrant smuggling, trafficking and labour exploitation necessitates both short, medium and long-term responses, including measures to disrupt criminal networks and to bring criminals to justice, the gathering and, analysis and sharing of data, measures to protect victims and to return irregularly staying migrants, as well as cooperation and joint actions with third countries and longer- term strategies to address the demand for trafficked and smuggled persons and the root causes of migration which force people into the hands of criminal smugglers;
Amendment 120 #
2015/2095(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the ordinary legislative procedure is ongoing on numerous Commission proposals in the area of borders and visa policy, in particular on the proposal for a Regulation on the Union Code on Visas (recast) (2014/0094 COD), the proposal for a regulation establishing a touring visa (2014/0095 COD) and, the proposal for a regulation on Uniform format for visa: security (2015/0134 COD); and whereas new proposals in this area have recently been launched by the Commission, in particular the proposal for a Regulation establishing a European Border and Coast Guard (2015/0310 COD), and will be dealt with according to the ordinary legislative procedure;
Amendment 128 #
2015/2095(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management of external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’'s fundamental rights; and whereas the Member States at the external borders of the EU should be adequately supported with technical and financial means in securing and managing these borders;
Amendment 156 #
2015/2095(INI)
Motion for a resolution
Recital O
Recital O
O. whereas individual Member States continue to develop intense external action on migration at the bilateral level, including bilateral readmission agreements and joint actions with third countries;
Amendment 190 #
2015/2095(INI)
Motion for a resolution
Recital S
Recital S
S. whereas several EU financial instruments exist to fund Member States’' and third countries’ actions in the area of migration, asylum and border management; whereas in particular funds for Member States are allocated mainly through the Asylum Migration and Integration Fund (AMIF) and the Internal Security Fund (ISF), but whereas numerous other programmes and funds, , including emergency funding, can be used for activities related to migration; and whereas funding to third countries, while allocated mainly through DCI, is administered by numerous Commission DGs and the EEAS;
Amendment 277 #
2015/2095(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a clear distinction to be made between those persons who are smuggled into the Union and those who are trafficked into the Union because, while the policy response must be properly integrated, they must also be properly targeted; states that, in general terms, the criminal smuggling of migrants involves facilitating the irregular entry of a person to a Member State, whereas human trafficking involves the recruitment, transportation or reception of a person through the use of violent, deceptive or abusive means, for the purpose of exploitation; recalls the importance to examine the links between different types of organised crime, as networks become increasingly loose and flexible.
Amendment 290 #
2015/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures aimed at disrupting the activities of criminal networks involved in the trafficking and smuggling of people; calls on the Member States to intensify the fight against people smuggling and human trafficking, the exchange of information on such networks, and the cooperation with neighbouring countries on the matter;
Amendment 335 #
2015/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that full use should be made of existing instruments, such as the aAgencies’ risk analyses; observes that Union aAgencies should cooperate fully, but that they also need to step up cooperation with Member States; notes that better coordination of efforts should allow for the collection of data at national level and its onward communication to the Agencies; in this context, welcomes the establishment of Europol's Joint Operational Team MARE as a crucial operational interlocutor between Europol, Frontex, Interpol and EU Member States in the fight against people smugglers and traffickers;
Amendment 340 #
2015/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that full use should be made of existing instruments, such as the agencies’ risk analyses; observes that Union agencies should cooperate fully, but that they also need to step up cooperation with Member States; notes that better coordination of efforts should allow for the systematic collection of data at national level on the routes, modus operandi and profiles of smugglers, and its onward communication to the Agencies;
Amendment 342 #
2015/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines the importance to provide common specialised trainings to border guards, legal practitioners and other national competent authorities to equip them with the necessary skills and to ensure greater coherence and consistency within the European Union;
Amendment 364 #
2015/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 377 #
2015/2095(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is of the opinion that any proposal for a permanent structured Relocation Mechanism should not be viewed as the sole solution to the migratory crisis and that it has to be based on a thorough analysis of the functioning of the temporary Relocation Decisions;
Amendment 397 #
2015/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes, in addition, that Member States of first arrival will therefore have to handle the more complicated asylum claims (and appeals), will have to organise longer periods of reception, and will have to organise and coordinate returns for those ultimately not entitled to international protection; therefore, is of the view that if a Member State of first arrival experiences a sudden and disproportionate influx of migrants that puts a great burden on its asylum system and social services, it will have the right to temporarily suspend accepting applicants for international protection under any type of Relocation Mechanism;
Amendment 417 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the Member State should also be included in any possible permanent relocation mechanism; notes that a consideration has to be also given to introducing caps on the number of refugees that a country can accept as well as a threshold for the activation of the relocation mechanism;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 458 #
2015/2095(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, given the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;
Amendment 469 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanent Union-wide resettlement programme, with mandatovoluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 491 #
2015/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines that, in so far as resettlement remains unavailable for third- country nationals, all Member States should be encouraged to establish and implement humanitarian admission programmes on a voluntary basis;
Amendment 497 #
Amendment 499 #
2015/2095(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 522 #
2015/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a comprehensive assessment (in the form of the Commission’s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States,of the implementation of this package is absolutely necessary in order to improve harmonisation;
Amendment 561 #
2015/2095(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls for the overhaul of the Dublin system so that the burden and responsibilities are shared among all Member States; is of the opinion that such a new system should include effective and speedy return, organised by Frontex, of those people who do not qualify for international protection or have entered the EU illegally, and a set of measures that limit and discourage secondary movement within the EU, including limiting some of the rights of the asylum seekers within the scope of EU and international law;
Amendment 575 #
2015/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Relocation Decisions are based should be built directly into the Union’'s standard rules for allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘'applicants in clear need of international protection’', since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival; to this end, calls for a clear distinction to be made between those in need of international protection and economic migrants;
Amendment 583 #
2015/2095(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support the Member States at the external borders of the EU as well as those receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 744 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandEmphasises that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;
Amendment 747 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; stresses that the role and mandate of Frontex in return operations needs to be bolstered and that it is extremely important to make a distinction between asylum seekers and economic migrants since, legally speaking, they are two distinct groups and each requires a distinct approach;
Amendment 786 #
2015/2095(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Suggests that any attempt by Member States to ‘'push back’' migrants who have not been given the opportunity to present asylum claims runs contrary to Union and iInternational lLaw, and that the Commission should take the appropriate action against any Member State that attempts such ‘'push backs’'; at the same time, understands that any attempt for illegal crossing of the external EU borders through other than the official border crossings zones necessitates higher vigilance and precaution by the border guards of the Member States in order to guarantee the security of European citizens;
Amendment 870 #
2015/2095(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Understands that the recently proposed European Border and Coast Guard is intended to replace Frontex and is meant to ensure a European integrated border management at the external borders, including Bulgaria, Romania and Croatia, with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein; considers the concept of shared responsibility as a way to assist the frontline Member States at the external borders and strengthen their border management capacities; is of the opinion that shared responsibility and the new Agency should not undermine national competencies and sovereignty;
Amendment 879 #
2015/2095(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Looks forward to negotiations on the proposal within and between the co- legislators in the context of the ordinary legislative procedure, in accordance with Article 294 TFEU; is of the opinion that the final text should take into consideration the following: the balance between national sovereignty and the mandate of the Agency, the national capacities and abilities of Member States to participate in EU actions, especially of the Member States at the external borders, and the interconnection between the Schengen Evaluation Mechanism and the competencies of the new Agency.
Amendment 891 #
2015/2095(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Acknowledges that the integrity of the Schengen area and the abolishment of internal border controls are dependent on having effective management of external borders, with high common standards applied by all Member States at the external borders and an effective exchange of information between them; recalls in that sense that Member States such as Bulgaria and Romania located at the EU external borders, which are not yet members of the Schengen area, are fulfilling their obligations to effectively secure EU external borders, following the principles of solidarity and shared responsibility.
Amendment 905 #
2015/2095(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Accepts that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons; condemns calls for the introduction of permanent border controls within the Schengen zone; is the opinion that border checks within Schengen have to remain a temporary measure within the scope of the Schengen acquis;
Amendment 920 #
2015/2095(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Takes note that on 15 December 2015, the Commission came forward with a proposal for a targeted revision of the Schengen Borders Code, proposing to introduce systematic controls of all Union nationals (not only on third-country nationals) against the relevant databases at the land, maritime and air external borders of the Schengen Area; is of the opinion that such systematic checks should be conducted at certain border crossings based on risk assessment and that they should not impede the free circulation of EU citizens, goods and services;
Amendment 965 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS; calls in this connection for stringent registration of all migrants in line with the relevant EU acquis;
Amendment 967 #
2015/2095(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Calls also for the establishment of hotspots in the main transit countries and countries of origin where people will receive explanations on the ways to legally migrate to the EU and will have the right to apply for the resettlement programme of the EU;
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 1036 #
2015/2095(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Recalls that the Union has intensified its external cooperation with third countries in migration and asylum in order to respond adequately to the current refugee crisis, and has launched new cooperation initiatives, such as the EU-Turkey Joint Action Plan; emphasises, in that respect, the need for all parties to fulfil their commitments deriving from the Joint Action Plan, including addressing the root causes leading to the massive influx of Syrians, stepping up cooperation for the support of Syrians under temporary protection and their host communities in Turkey, and for Turkey to fulfil its commitments to prevent irregular migration flows from its territory to the Union; calls for the swift implementation of the EU-Turkey readmission agreement as of June 2016;
Amendment 1058 #
2015/2095(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
88. Welcomes the fact that the Action Plan on Smuggling links the launching of new awareness-raising campaigns to the assessment of existing ones; recommends that any such campaigns should contain information on the criteria to be used to determine protection status in the Union, since such information may convince some migrants – who risk embarking on a perilous journey only to be returned if they are not granted protection – not to make the journey; recommends to involve diasporas communities to co-design information campaigns and to inform about legal routes and the risks of using smugglers.
Amendment 1141 #
2015/2095(INI)
Motion for a resolution
Paragraph 101
Paragraph 101
101. Recommends that, under the MFF review scheduled for the end of 2016, substantial additional resources be provided under the Union budget, Heading 3, on Citizenship, Freedom, Security and Justice, so that adequate funding is made available on the basis of migration trends and the attendant financial requirements for the Union’s and the Member States’ asylum, migration and integration policies, especially in the Member States at the external borders and those receiving most of the asylum applications;
Amendment 1232 #
2015/2095(INI)
Motion for a resolution
Paragraph 119
Paragraph 119
119. Recalls that in the Agenda on Migration, the Commission announced its intention to revise the Directive on the conditions of entry and residence of third- country nationals for the purposes of highly qualified employment (the ‘Blue Card Directive’), looking particularly at the issues of scope (possibly covering entrepreneurs willing to invest in Europe) and improving the rules on intra-EU mobility; calls on the Commission, when reviewing the Directive on the conditions of entry and residence of third country citizens for the purposes of highly- qualified employment, to take into account the success achieved by local and regional authorities;
Amendment 8 #
2015/2087(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4а. Notes that the existence of common minimum rules in respect of limitation periods in cross-border disputes is essential to ensuring that effective legal means are available for the protection of victims of cross-border road traffic accidents and to guaranteeing legal certainty;
Amendment 9 #
2015/2087(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5а. Highlights that the significant difference between Member States’ rules in respect of limitation periods for cross- border road traffic accidents creates further obstacles for victims when filing claims for compensation for personal injury and damage to property suffered in Member States other than their own;
Amendment 5 #
2015/2086(INL)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Vienna Convention on Consular Relations of 24 April 1963,
Amendment 6 #
2015/2086(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls for equal treatment of parents with different nationality during proceedings in matters of parental responsibility and adoption.
Amendment 12 #
2015/2086(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Draws the attention of the European Commission, the Council and the Member States on the possible harmful consequences for birth parents and the adopted children caused by vicious practices of non- consensual adoptions for birth parents and the adopted children;applied in some Member States; Calls on the European commission to propose appropriate measures to address these practices in the planned reform of Regulation №2201 / 2003.
Amendment 20 #
2015/2086(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. When social workers of one Member State carry out missions to establish the facts of the case for adoption in other Member states, calls upon the sending State to inform all appropriate authorities in the country where the mission is conducted.
Amendment 22 #
2015/2086(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on Member States to exchange information and conduct awareness campaigns among citizens about the cultural traditions and rules regarding the raising of children applied in other Member States in order to be informed about practices that would lead to the withdrawal of their parental rights and giving their children for adoption.
Amendment 24 #
2015/2086(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member states to ensure, when accurate, the implementation of articles 15 and 55 of the Regulation n°2201/2003; Calls on the Commission to review the provisions of these two articles in order to better protect the interests of children and to improve coordination and cooperation between Member States.
Amendment 30 #
2015/2086(INL)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Member States to ensure compliance with all procedural rights of relatives involved in the process and who are nationals of another Member State, including the provision of legal assistance, duly and timely information about the hearings, an interpreter, all relevant to the case documents in their native language, etc.
Amendment 33 #
2015/2086(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. AsksCalls on the Member States' authorities involved in adoption proceedingsdures, to make all the possible efforts in order not to separate siblingsevery effort not to separate siblings and to give preference to adoptions by relatives of the biological parents of the child.
Amendment 38 #
2015/2086(INL)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on Member States to promote specific training for judges dealing with transnational procedures for adoption of children.
Amendment 41 #
2015/2086(INL)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Notes that to ensure the protection of the best interests of the child, enhanced cooperation between European judges in this area is needed.
Amendment 56 #
2015/2086(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas sometimes Member States create unnecessary bureaucratic obstacles to the recognition of adoptions within the scope of the Convention which are already recognised by another Member State;
Amendment 131 #
2015/2086(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the Member States systems for child protection should have functioning transnational mechanisms that take into account the special features of cross-border cases;
Amendment 136 #
2015/2086(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that in cases of adoption with cross-border aspects the cultural and linguistic traditions of the child should be taken into consideration and be maintained as much as possible;
Amendment 140 #
2015/2086(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that in the context of adoption proceedings, the child should always be given the opportunity to be heard and express his or her view on the adoption process; considers, therefore, that whenever possible the child's consent to the adoption should be sought; in this respect, calls for special attention towards young children and babies, who cannot be heard;
Amendment 149 #
2015/2086(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the relevant authorities should always first consider the possibility of placing the childement of the child on a temporary basis or placement of the child for adoption within its biological family, even when members of that family live in another country, before giving the child up for adoption by strangers; considers that the habitual residence of family members who wish to take over responsibility for a child should not be considered as a deciding factor;
Amendment 151 #
2015/2086(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for equal treatment of parents of different nationalities during the procedures relating to parental responsibility and adoption; Calls on Member States to ensure equality in the procedural rights of the relatives involved in the adoption procedure and who are nationals of other Member States, including the provision of legal assistance, duly and timely information about the hearings, the right to an interpreter, the provision of all documents relevant to the case in their native language etc.;
Amendment 153 #
2015/2086(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that where a child being considered for adoptionin proceedings for the withdrawal of parental rights or in adoption proceedings is the citizen of another Member State, the consular authorities of that Member State and the child's family residing in that Member State should be informed and consulted prior to any decision being taken;
Amendment 161 #
2015/2086(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States not to create unnecessary bureaucratic impediments to the recognition of adoptions within the scope of the Hague Convention which are already recognised by another Member State;
Amendment 175 #
2015/2086(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to intensify their cooperation in the field of adoption, including both legal, institutional, and social aspects;
Amendment 176 #
2015/2086(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that to ensure the protection of the best interests of the child, enhanced cooperation between judges in the area of cross-border adoptions in different Member States is needed;
Amendment 181 #
2015/2086(INL)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to provide funding for specialised training of judges working in the field of cross- border adoptions;
Amendment 186 #
2015/2086(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to carry out a comparative study to analyse whether complaints regarding non- consensual adoptions that have cross- border aspects are made in Member States that have a strong infrastructure and well-regulated fostering system, along with other pre-adoption care schemes;
Amendment 226 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – Article 1 – paragraph 1
Annex – Part B – Article 1 – paragraph 1
1. This Regulation shall apply to the recognition of adoption ordersby a Member State of adoption orders issued by another Member State.
Amendment 244 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – Article 11
Annex – Part B – Article 11
The authorities of the Member State which has made the adoption order shall, at the request of any interested party, issue a multilingual European Certificate of Adoption conforming to the model established in accordance with Article 15.
Amendment 249 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – Article 15
Annex – Part B – Article 15
The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the establishment and amendment of the model for the multilingual European Certificate of Adoption referred to in Article 11.
Amendment 6 #
2015/2084(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the right to a fair trial and to an effective remedy, as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union and in Article 6 ECHR, constitutes one of the fundamental guarantees of the rule of law and of democracy, being inextricably linked to the civil procedure as a whole;
Amendment 8 #
2015/2084(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas European citizens, especially those who move across borders, are currently far more likely to come into contact with the civil procedure systems of another Member State;
Amendment 10 #
2015/2084(INL)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the proposed directive will help achieve a more coordinated, coherent and systematic approach not limited by the borders, interests and resources of an individual country;
Amendment 17 #
2015/2084(INL)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas minimum procedural standards at EU level could contribute to the modernisation of national proceedings, a level playing field for businesses, and increased economic growth thanks to effective and efficient judicial systems, while at the same time facilitating citizens’ access to justice in the EU and helping to uphold its fundamental freedoms;
Amendment 23 #
2015/2084(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Observes that Article 114 TFEU (harmonisation of the internal market) has been used to adopt a number of Union acts with procedural implications; notes, however, that Article 81 TFEU provides for the adoption of measures in the area of judicial cooperation in civil matters having cross-border implications, including measures for the approximatthe approximation of the laws, regulations and administrative provisions of the laws andMember States regulations of the Member State, particularly when necessary for the proper functioning to the internal market has been and is still being used as the legal basis for a wide range of the internal market; considers, therefore, that Article 81 TFEU constitutes the appropriasector- specific civil justice measures such as, for example, the Directive on the enforcement of inte llegal basis for the proposed legislative instrumentctual property rights (IPR);
Amendment 24 #
2015/2084(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes, however, that Article 81 TFEU provides for the adoption of measures in the area of judicial cooperation in civil matters having cross- border implications, including measures for the approximation of the laws and regulations of the Member State, particularly when necessary for the proper functioning of the internal market; considers, therefore, that Article 81 TFEU constitutes the appropriate legal basis for the proposed legislative instrument;
Amendment 25 #
2015/2084(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. UReiterates and underlines that the free circulation of judgments has increased mutual trust between the national judiciaries, thus increasing legal certainty and providing sufficient stability and predictability for citizens and businesses in the Union;
Amendment 26 #
2015/2084(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out therefore, that the elaboration of systematic, minimum standards of Union civil procedure in the form of an across-the-board horizontal directive, would lead to increasing mutual trust among Union judiciaries and ensure a common, Union-wide balancing of fundamental procedural rights for civil cases, creating a more deeply rooted general feeling of justice, certainty and predictability throughout the Union;
Amendment 31 #
2015/2084(INL)
Motion for a resolution
Annex I – Part A – paragraph 4
Annex I – Part A – paragraph 4
4. It is therefore necessary, in order to protect the fundamental rights and freedoms of the Union citizens, help modernize national procedures and ensure a level playing field for businesses and increased growth thanks to effective and efficient legal systems, to adopt a directive further developing the minimum standards set out in the Charter and in the ECHR. The proper legal basis for such a proposal is Article 81(2) TFEU, which concerns measures in the field of civil justice cooperation. The directive is to be adopted via the ordinary legislative procedure.
Amendment 37 #
2015/2084(INL)
Motion for a resolution
Annex I – Part B – Recital 5
Annex I – Part B – Recital 5
(5) By establishing minimum rules on the protection of procedural rights of litigants, and ensuring citizens easier access to justice, this Directive should strengthen the trust of Member States in civil justice systems of other Member States and can thus help promote a fundamental rights culture in the Union, as well as a more efficient internal market, while upholding its fundamental freedoms by developing a deeper general sense of justice, certainty and predictability throughout its territory.
Amendment 44 #
2015/2084(INL)
Motion for a resolution
Annex I – Part B – Article 1
Annex I – Part B – Article 1
The objective of this Directive is to approximate procedural systems so as to ensure full respect of for the right to a fair trial as recognised in Article 47 of the Charter, by laying down minimum standards concerning the commencement, conduct and conclusion of civil proceedings before Member States’ courts or tribunals and the recognition and enforcement of judgments, facilitating at the same time, access to justice in the Union.
Amendment 80 #
2015/2063(INI)
Motion for a resolution
Recital F
Recital F
F. whereas European action, including greater cooperation between the Member States and with civil society organisations and IT companies, is required as a matter of urgency to prevent the radicalisation and recruitment of European citizens in order to contain this growing phenomenon so as to stem the flow of departures by European citizens to conflict zones and prevent other terrorist acts from being committed on European soil;
Amendment 226 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for awelcomes the dialogue to be launched at European level with the internet giants with a view to preventing the online distribution of hate messages and to eradicating them swiftly;
Amendment 248 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they delete illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to, and urges them to step up efforts to prevent the spread of illicit messages or messages spraiseading terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punished;
Amendment 311 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units could cooperate with a European unit responsible for dealing with flaggingthe EU Internet Referral Unit to be established within Europol;
Amendment 488 #
2015/2063(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that improved cooperation between the Member States aimed at countering the radicalisation and recruitment of European citizens is also characterised by intensive exchanges and cooperation between the judicial authorities and with Eurojust; Notes that better reporting at European level on the criminal records of European citizens at risk of being radicalised would help speed up their detection and make it easier for them to be properly monitored, either when they leave or when they return; encourages, therefore, the reform and better use of the ECRIS system; urges the Commission to assess the feasibility and added value of establishing EPRIS;
Amendment 531 #
2015/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its belief that the European Union must step up its external border controls as a matter of urgency; stresses that it will be impossible to effectively track the departures or arrivals of European citizens unless mandatory and systematic controls are introduced on the European Union's external borders; states that, to this end, one of the European Union's priorities must be reforming the Schengen Code; stresses, however, that such a reform should not jeopardise the free movement of persons who benefit from it within the EU;
Amendment 562 #
2015/2063(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates that making good use of existing instruments such as the EU's SIS and VIS systems, Interpol's SLTD system, and Europol's Focal Point TRAVELLERS constitutes the first step in stepping up external border security in order to identify EU citizens who may be leaving for conflict zones; or returning from conflict zones; urges Member States to improve cooperation and sharing of information regarding suspected foreign fighters with Member States at the external EU borders;
Amendment 572 #
2015/2063(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses once more the vital importance of the European Union establishing close cooperation with non-EU countries, notably transit countries and those to which foreign fighters are heading, insofar as this is possible, in order to be able to identify EU citizens leaving to fight for terrorist organisations or returning thereafter; to this end, believes that the security officers to be deployed in EU delegations should have the means and capabilities to gather intelligence and information regarding networks of foreign fighters; calls for sending a Europol liaison officer to Turkey in order to strengthen the cooperation with the Turkish law enforcement agencies in identifying and arresting foreign fighters;
Amendment 641 #
2015/2063(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Supports measures to weaken terrorist organisations from the inside and lessen their potential influence on EU citizens; urges the European Union to look into ways of dismantling jihadist networks and identifying how they are funded; to this end, calls for better cooperation between the Financial Intelligence Units of the Member States and the quick transposition and implementation of the Anti-Money Laundering Package; encourages the Commission to propose a regulation on identifying terrorism funding channels;
Amendment 53 #
2015/2062(INI)
Motion for a resolution
Recital G
Recital G
G. whereas home detention or other alternative sanctions should be prioritised in the case of prisoners who do not present a sermeet the conditiouns danger to society, thusfor such sanctions, thereby keeping them in an opentheir home environment and giving them better access to social services, care and reintegration;
Amendment 58 #
2015/2062(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Gа. whereas the importance of providing prisoners with educational and vocational qualification programmes lies in the fact that those programmes facilitate their reintegration into society by helping them to find legal work and thus reduce recidivism;
Amendment 166 #
2015/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. encourages Member States to adopt non-custodial measures as an alternative to detention and calls on them to ensure that, in addition to the punitive aspect of imprisonment, attention is also devoted to more educational and social aspects, in order to enable punishment to be managed better, make a success of social reintegration and reduce recidivismboth pre-trial detention and imprisonment measures as an alternative to detention, such as communal service or electronic bracelets and, at the same time, to provide suitable support from social services and educational institutions, with a view to combating the problem of overcrowded prisons and pre-trial detention facilities, and to successfully reintegrating prisoners, particularly juveniles; draws attention in this connection to the good practices which exist in the Scandinavian countries;
Amendment 171 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6а. calls on the Member States to step up their efforts to develop action programmes for prisoners, paying particular attention to the special needs of juveniles, with a view to adding educational and social aspects to the punitive nature of punishment, in a bid to make it easier to achieve the re-education objectives of the punishment, to reintegrate prisoners socially and to reduce recidivism; emphasises in that regard the importance of providing access to educational and professional qualifications for prisoners;
Amendment 245 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11а. Calls on the Member States to undertake decisive action to deal with and prevent the occurrence of violence among prisoners and any forms of ill-treatment towards prisoners on the part of the prison staff;
Amendment 259 #
2015/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Rrecalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison, and encourages Member States to share information and to exchange and apply good practices; to this end, calls for a General Assembly of Prison Administrations to be convened;
Amendment 162 #
2015/0310(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate rapid border interventions and deploy European Border and Coast Guard Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make a sufficient number of qualified border guards and other relevant staff available to the rapid reserve pool, unless they are facing an exceptional situation that is impacting significantly on the discharge of national-level tasks.
Amendment 176 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardyises the functioning of the Schengen areapublic order and internal security in the EU, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 230 #
2015/0310(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 233 #
2015/0310(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) As regards Bulgaria, Romania and Croatia, this Regulation constitutes a development of the Schengen acquis in which these Member States take part in accordance with their Accession Treaties. Bulgaria, Romania and Croatia therefore take part in the adoption of this Regulation and are bound by it and subject to its application.
Amendment 239 #
2015/0310(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders of the Member States of the European Union with a view to managing migration effectively and ensuring a high level of internal security within the entire Union, while safeguarding the free movement of persons therein.
Amendment 246 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘external borders’ means the land and sea borders of the Member States of the European Union and their airports and seaports, to which the provisions of Title II of Regulation (EC) No 562/2006 of the European Parliament and of the Council 38 apply; __________________ 38 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
Amendment 323 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
Amendment 331 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardyises the functioning of the Schengen areapublic order and internal security in the European Union.
Amendment 344 #
2015/0310(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. To ensure a coherent European integrated border management at all EU external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EC) No 562/2006.
Amendment 350 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and risk analysis centre with the capacity to monitor security threats to the external borders of the EU including migratory flows and to carry out risk analysis as regards all aspects of integrated border management;
Amendment 360 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist EU Member States in circumstances requiring increased technical and operational assistance at the external borders, especially at the external borders of those EU Member States facing specific and disproportionate pressures, by coordinating and organising joint operations, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 371 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist EU Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those EU Member States facing specific and disproportionate pressures, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 380 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point i
Article 7 – paragraph 1 – point i
(i) deploy the necessary equipment and staff for the rapid reserve pool for the practical execution of the measures needed to be taken in a situation requiring urgent action at the external borders of the Member States of the EU;
Amendment 382 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point j
Article 7 – paragraph 1 – point j
(j) assist EU Member States, especially those facing specific and disproportionate pressures, in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally staying third-country nationals, including through the coordination or organisation of return operations;
Amendment 394 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point p
Article 7 – paragraph 1 – point p
(p) provide the necessary assistance for the development and operation of a European border surveillance system and, as appropriate, to encourage the development of a common information-sharing environment, including interoperability of systems, in particular by developing, maintaining and coordinating the Eurosur framework in accordance with Regulation (EU) No 1052/2013;
Amendment 420 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor thereats to the public order and internal security of the EU including migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment.
Amendment 447 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses, inter alia, the migratory flows towards the Union.
Amendment 496 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. That assessment shall be done in cooperation with the Member States of the EU and shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 512 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen areapublic order and internal security in the EU, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5) while taking into account their national needs. That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 519 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The Member States may provide written comments to the vulnerability assessment if they deem so; these written comments shall be attached to the vulnerability assessment.
Amendment 524 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment, together with the written comments of the Member States if available, shall be submitted to the Supervisory Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 651 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardyises the functioning of the Schengen areapublic order and internal security in the EU, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
Amendment 688 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. On a proposal by the Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number of border guards to be made available for the European Border and Coast Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall numbers. Member States shall contribute to the European Border and Coast Guard Teams through a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles and taking into account their own needs for ensuring the security of their external borders.
Amendment 938 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point d a (new)
Article 52 – paragraph 1 – point d a (new)
(da) sharing and analysing information related to the risks at the maritime external borders of the EU taking into account their specificities;
Amendment 995 #
2015/0310(COD)
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
5. The seat of the Agency shall be WVarsaw, Poland,na, Bulgaria subject to the implementation of Article 56.
Amendment 119 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
(1 a) By … [two years after the date of entry into force of this Regulation], the Commission shall transmit to the European Parliament and to the Council an evaluation of the implementation and consequences of paragraph 2.
Amendment 92 #
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 two years, in order tosix months after delivery of the goods, the consumer may benefit from the presumption of lack of conformity, the consumer shouldhaving only to 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 162 #
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 two years, in order tosix months after delivery of the goods, the consumer may benefit from the presumption of lack of conformity, the consumer shouldhaving only to 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 188 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 3 – point а
Article 13 – paragraph 3 – point а
(a) the seller shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the notice of termination and shall bear the cost of the reimbursement of that price;
Amendment 190 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 3 – point а a (new)
Article 13 – paragraph 3 – point а a (new)
(aa) the seller shall reimburse the sum paid to him or her using the same means of payment originally used by the consumer, unless the consumer has explicitly given his or her consent to the use of a different means of payment and provided that such means do not entail any cost to the consumer. The consumer shall provide the information, e.g. bank account details, necessary for the reimbursement of the price paid, and shall not do anything to obstruct the making of the requisite payment;
Amendment 194 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 3 – point б a (new)
Article 13 – paragraph 3 – point б a (new)
(ba) the seller shall be entitled to withhold payment of all or part of the amount to be reimbursed pending either receipt of the goods or presentation of proof that they have been dispatched, whichever occurs sooner.
Amendment 309 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. TIf the goods are not in conformity with the contract and the degree of non- conformity is other than insignificant, the consumer shall be entitled to withhold the payment of any outstanding part of the price, until the seller has brought the goods into conformity with the contract.
Amendment 348 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 3 – point а
Article 13 – paragraph 3 – point а
(a) the seller shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the notice of termination and shall bear the cost of the reimbursement; the seller shall reimburse the sums received using the same means of payment originally used by the consumer unless the consumer has explicitly indicated his or her consent to the use of a different means of payment and provided that such means does not entail any cost to the consumer. The consumer shall provide the information, e.g. bank account details, necessary for the reimbursement of the price paid and shall not do anything to obstruct the making of the requisite payment.
Amendment 353 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 3 – point б
Article 13 – paragraph 3 – point б
(b) the consumer shall return, at the seller's expense, to the seller the goods without undue delay and in any event not later than 14 days from sending the notice of termination;. The seller shall be entitled to withhold payment of all or part of the amount to be reimbursed pending either receipt of the goods or presentation of proof that they have been dispatched, whichever occurs sooner.
Amendment 76 #
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 to cross- border portability of online content services in the Union and that the cross- border portability can be ensured for lawfully acquired online content.
Amendment 159 #
2015/0284(COD)
Proposal for a regulation
Article 1
Article 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, other than the Member State of residence, can access and use these services.
Amendment 168 #
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 at least 183 days a year;
Amendment 189 #
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 provider has undertaken measures to verify the subscriber's Member State of residence is verified by the provider;
Amendment 201 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 43 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated.
Amendment 53 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 65 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 83 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 96 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1б. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted."
Amendment 116 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authoritiespublic services, collectors and bodies carrying on activities connected with cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of war."
Amendment 121 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partessential component thereof placed on the market has been marked and registered in compliance with this Directive.
Amendment 158 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated.
Amendment 164 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 191 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to acquire or keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b) and provided this does not run counter to the interests of public security or public order.
Amendment 214 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 238 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point а – point i
Article 1 – paragraph 1 – point 13 – point а – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 6
Annex I – part II – point A – Category A – point 6
Amendment 241 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point а – point i
Article 1 – paragraph 1 – point 13 – point а – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 7
Annex I – part II – point A – Category A – point 7
Amendment 246 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point а – point i
Article 1 – paragraph 1 – point 13 – point а – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 8
Annex I – part II – point A – Category A – point 8
Amendment 256 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point а – point ii
Article 1 – paragraph 1 – point 13 – point а – point ii
Amendment 277 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 317 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 16
Article 1 – paragraph 16
1б. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm, which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 405 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities, collectors and bodies carrying on activities connected with cultural and historical aspects of weapons and which are recognised as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 437 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partessential component thereof placed on the market has been marked and registered in compliance with this Directive.
Amendment 621 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to acquire or keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive], provided they have been deactivated in accordance with the provisions that implement Article 10(b) and provided this does not run counter to the interests of public security or public order.
Amendment 743 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point а – point i
Article 1 – point 13 – point а – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
Amendment 760 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point а – point i
Article 1 – point 13 – point а – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
Amendment 777 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point а – point i
Article 1 – point 13 – point а – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 799 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point а – point ii
Article 1 – point 13 – point а – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 18 #
2014/2257(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to ensure comprehensive support, including non- binding legal advice – for example, by creating a point of contact responsible for the Citizens' Initiative in the Commission representations and Europe Direct Information Centres in all Member States – in view of the difficulty faced by organisers in identifying the relevant treaty and legal provisions on which to base a valid initiative;
Amendment 20 #
2014/2257(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission, furthermore, to revise the list of its competences onimprove its internet portal andin order to make it more comprehensible and user- friendly, especially related to the information on its competences and the support that can be acquired for a successful application, given that the registration of a large number of submitted citizens' initiatives was rejected on the grounds that they manifestly fell outside the framework of the Commission's competence;
Amendment 22 #
2014/2257(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission, furthermore, to revise the list of its competences on its internet portal and make it more comprehensible and user-friendly, given that the registration of a large number of submitted citizens' initiatives was rejected on the grounds that they manifestly fell outside the framework of the Commission's competence; in addition to a clear list of its competences, the Commission should clarify the registration procedure, providing detailed guidelines it uses to assess the legal basis of citizens' initiatives. Furthermore, the Commission should consider establishing an independent figure with a view to assessing whether the legal basis of an ECI submitted is correct;
Amendment 37 #
2014/2257(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Requests an EU-wide uniform approach to setting the minimum age for submitting a statement of support; advocates lowering it to 16, given the need to strengthen young people’s sense of responsibility regarding the EU and to give them the opportunity and motivation to play a role in shaping the further development of the European project;
Amendment 42 #
2014/2257(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines the importance of the institutional balance in the process of the evaluation of the applications after registration, therefore, calls on the Commission to explore the possibility of the involvement of the relevant European institutions and bodies, such as the European Parliament, the European Ombudsman, the ECOSOC and the Committee of the Regions;
Amendment 45 #
2014/2257(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission to submit afor an appropriate and timely proposal for the revision of the Regulation on the Citizen's' Initiative as soon as possible,, to meet the expectations of the European Citizens, and to make the Citizen's Initiative easier to use and more citizen-friendly andin order to enable it to fully unfold its potential.;
Amendment 193 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Urges the Commission to ensure that any such internal strategy is accompanied by an detailed action plan, in order to supplement and strengthen the Strategic Framework on Human Rights and Democracy already applied in EU external relations; notes that the strategy should:
Amendment 540 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a disability still face today; calls on the Commission and the Member States to implement the European Disability Strategy and to monitor and applyapply and monitor the relevant European legislation; urges the Commission to adopt measures that improve the mobility of persons with a disability within the EU such as improving the portability of personal assistance;
Amendment 701 #
2014/2254(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Condemns the practice of detaining irregular migrants, including unaccompanied minors, as a prelude to their expulsion; calls on Member States to comply with the provisions of the ‘Return Directive’; calls on the Commission to develop a scheme for the relocation of refugees within the European Union while respecting their fundamental rights;
Amendment 723 #
2014/2254(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 837 #
2014/2254(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption represents a serious fundamental rights violation; calls on the Member States and institutions to devise effective instruments for combating corruptionEuropean Commission to adopt an anti-corruption strategy that is complemented by effective instruments and to monitor regularly the use of public funds, be they European or national;
Amendment 24 #
2014/2253(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the increase in the number of new EU Pilot files during the period under examination and the decrease in the number of open infringement cases show the effectiveness of the instrument; emphasises that enforcement of EU law is neither sufficientlyshould be more transparent norand subject to any real control by the complainants and the interested parties, and; regrets that, despite its repeated requests, Parliament still has inadequate access to information about the EU Pilot procedure and pending cases;
Amendment 32 #
2014/2253(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5а. Calls on the Commission to respond swiftly when citizens raise the alarm about clear breaches of EU law, chiefly in the fields of judicial cooperation and the protection of children’s interests;
Amendment 46 #
2014/2253(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 53 #
2014/2253(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes, therefore, with regret that the Council, the Commission and the ECBEU institutions do not always themselves respect the Treaties, nor do they always do enough to assist Member States with the correct implementation of EU law, thus by their practice severely undermining popular support for the EU and belief in its legitimacy;
Amendment 44 #
2014/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas an ambitious and balanced agreement with the US may support the reindustrialisation of Europe and help achieve the 2020 target for an increase of the EU’s GDP generated by industry from 15 % to 20 %; whereas it has the potential to create opportunities especially for SMEs, which suffer more from non-tariff barriers (NTBs) than larger companies; whereas an agreement between the two biggest economic blocs in the world has the potential to create standards, norms and rules which will be adopted at a global level, which would serve to the advantage of third countries as well;
Amendment 73 #
2014/2228(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, given the growing interconnectedness of global markets – up to 40 % of European industrial products are manufactured from imported upstream products – it is crucial that policymakers shape the way these markets interact; whereas proper trade rules are fundamental to creating added value in Europe, since industrial production takes place in global value chains;it is crucial that Europe benefits from participation in global supply chains, while maintaining and developing a strong, competitive and diversified industrial base in Europe; (For consistency with the Recital A European added value should not be built only on e.g. costs of marketing, storage and/or distribution of imports. Also resolution should not quote data without reference to sources. TTIP should first and foremost promote trade of goods manufactured in the EU or the US but the imported goods only repacked/relabelled/assembled in the EU or the US.)
Amendment 99 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
ia. Calls on the Commission to preserve the protection of certain products of which the origin is of high importance. Therefore, the adequate assurance of the application of the geographical indicators is essential in order to be able to enforce those rules;
Amendment 185 #
2014/2228(INI)
Motion for a resolution
Recital H
Recital H
H. whereas President Juncker has clearly reiterated in his Political Guidelines that – while the EU and the US can go a significant step further in recognising each other’s product standards and working towards transatlantic standards – the EU will not sacrifice its safety, health, social and data protection standards or our cultural diversity, recalling that the high level of safety of the food we eat and the protection of Europeans’ personal data are non- negotiable;will be maintained; (It is important to stress that we are not talking about lowering standards in negotiations rather than saying that issues of food safety are not-negotiable, as it is not true - issues of food safety or SPS are being negotiated, but we don’t want to decrease level of protection in this negotiations. That is the difference.)
Amendment 350 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii a (new)
Paragraph 1 – point b – point iii a (new)
(iiia) to ensure that mutually beneficial mobility package is provided for, which includes visa facilitation for providers of services and goods from all Member States and recognises their professional and technical qualifications;
Amendment 6 #
2014/2155(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that the means of criminal law in the PIF Directive will be effective only if they succeed in providing a clear definition of commonly agreed PIF offences, minimum- maximum imprisonment penalties applicable in all participating Member States, and minimum rules on the statute of limitations;
Amendment 10 #
2014/2155(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its call for an independent and efficient EPPO, operating as a single office which investigates, prosecutes and brings to court the perpetrators of criminal offences affecting the Union’s financial interests, while ensuring that procedural safeguards for the suspected and accused persons are protected; reiterates also the importance of ensuring that EPPO does not duplicate competences with OLAF and Eurojust; stresses the importance of a common agreement of Parliament and the Council in the selection and appointment procedures for independent prosecutors with investigative powers in Member States;
Amendment 185 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point а
Article 4 – paragraph 2 – point а
a) for making legitimate and fair use of the right to freedom of expression and information;
Amendment 207 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the trade secret was disclosed by workers to their representatives as part of the legitimate exercise of their representative functions; in this case, the representatives must not use or disclose the acquired information constituting a trade secret, except in the cases envisaged for this purpose;
Amendment 228 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The acquisition, use and disclosure of trade secrets shall be deemed lawful insofar as this is required by national or Union law. Information which is publicly available or subject to public disclosure in accordance with national or Union law shall not be deemed a trade secret.
Amendment 237 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Member States shall ensure that where competent judicial authorities determine thatcan, at the request of the respondent, apply appropriate measures provided for by national law if a claim concerning the unlawful acquisition, disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’s access to the market or otherwise intimidating or harassing the respondent, sor for abusive ends. Such competent judicial authorities shall be entitled to take the following measures:
Amendment 242 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point а a (new)
Article 6 – paragraph 2 – subparagraph 1 – point а a (new)
aa) to award compensation for the damages suffered by the respondent;
Amendment 243 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 249 #
2014/0402(COD)
Proposal for a directive
Article 7
Article 7
Member States shall ensure that actions for the application of the measures, procedures and remedies provided for in this Directive may be brought within at least onthree years but not more than twosix years after the date on which the applicant became aware, or had reason to become aware, of the last fact giving rise to the action.
Amendment 253 #
2014/0402(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
The national provisions of each Member State shall apply to the suspension and interruption of the limitation period.
Amendment 259 #
2014/0402(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall ensure that the parties, their legal representatives, court officials, witnesses, experts and any other person participating in the legal proceedings relating to the unlawful acquisition, use or disclosure of a trade secret, or who has access to documents which form part of those legal proceedings, shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access. Member States shall ensure that the trade secret holder is given an opportunity at the start of the legal proceedings to notify the court of the information which is subject to some of the restrictions on provision and whose disclosure may endanger the economic interests or reputation of the parties or of a third party. The court shall determine whether the claim has merit.
Amendment 91 #
2014/0121(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In view of the important role of intermediaries they should be obliged to facilitate the exercise of rights by the shareholder both when he would like to exercise these rights himself or wants to nominate a third person to do so. When the shareholder does not want to exercise the rights himself and has nominated the intermediary as a third person, the latter should be obliged to exercise these rights upon thefor the benefit of the shareholder, upon receipt of the shareholder’s explicit authorisation and instruction of the shareholder and for his benefitin writing.
Amendment 163 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3a – paragraph 2
Article 3a – paragraph 2
2. Member States shall ensure that, on the request of the company, the intermediary communicates without undue delay to the company the name and contact details of the shareholders and, where the shareholders are legal persons, their unique identifier where availableor other identification data. Where there is more than one intermediary in a holding chain, the request of the company and the identity and contact details of the shareholders shall be transmitted between intermediaries without undue delay.
Amendment 170 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3a – paragraph 3
Article 3a – paragraph 3
3. Shareholders shall be duly informed by their intermediary that their name and contact details may be transmitted for the purpose of identification in accordance with this article. This information may only be used for the purpose of facilitation of the exercise of the rights of the shareholder. The company and the intermediary shall ensure that natural and legal persons are able to rectify or erase any incomplete or inaccurate data and shall not conserve the information relating to the shareholder for longer than 24 months after receiving it.
Amendment 192 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3c – point b
Article 3c – point b
b) the intermediary exercises the rights flowing from the shares upon the explicit authorisation and instruction of the shareholder and for his benefitfor the benefit of the shareholder, upon receipt of the shareholder’s explicit authorisation and instruction in writing.
Amendment 247 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3f – paragraph 4
Article 3f – paragraph 4
Amendment 273 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3h – paragraph 2 – point е
Article 3h – paragraph 2 – point е
е) whether or not, and if so, what actual or potential conflicts of interest have arisen in connection with engagement activities and howwhich of them the asset manager has dealt with themand how;
Amendment 355 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9a – paragraph 3 – subparagraph 5
Article 9a – paragraph 3 – subparagraph 5
The policy shall explain the decision- making process leading to its determination. Where the policy is revised, it shall include an explanation of all significant changes and how it takes into account the views of shareholders on the policy and report in at least the previous three consecutive years.
Amendment 372 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2007/36/EC
Article 9b – paragraph 1 – point a
Article 9b – paragraph 1 – point a
(а) the total remuneration awarded or paid split out by component, the relative proportion of fixed and variable remuneration, an explanation how the total remuneration is linked to long-term performance and information on how the financial and non-financial performance criteria where applied;
Amendment 423 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9b – paragraph 2 – subparagraph 1
Article 9b – paragraph 2 – subparagraph 1
2. Member States shall ensure that transactions with related parties representing more than 5% of the companies’' assets or transactions which can have a significant impact on profits or turnover are compulsorily submitted to a vote by the shareholders in a general meeting. Where the related party transaction involves a shareholder, this shareholder shall be excluded from that vote. The company shall not conclude the transaction before the shareholders’ approval of the transaction. The company may however conclude the transaction under the condition of shareholder approval.
Amendment 46 #
2013/0407(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The presumption of innocence is violated if, without the accused’s having previously been proved guilty according to law, a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convictedguilty.
Amendment 54 #
2013/0407(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Any compulsion used to compelagainst the suspect or accused person to provide information should be limitedwith the aim of uncovering details of the offence at issue should be clearly and fully provided for in legislation that also indicates the circumstances in which it may be exercised, and must be subject to judicial oversight. To determine whether the compulsion did not violate those rights, the following should be taken into account, in the light of all circumstances of the case: the nature and degree of compulsion to obtain the evidence, the weight of the public interest in the investigation and punishment of the offensce at issue, the existence of any relevant safeguards in the procedure and the use to which any material so obtained is put. However, the degree of compulsion imposed on suspects or accused persons with a view to compelling them to provide information relating to charges against themuncovering details of the offence at issue should not destroy the very essence of their right not to incriminate one-selfthemselves and their right to remain silent, even for reasons of security and public order.
Amendment 93 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that suspects or accused persons have the right, throughout the criminal proceedings, to remain silent when questioned, by the police or other law enforcement or judicial authorities, in relation to the offence that they are suspected or accused of having committed.
Amendment 95 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall promptly inform the suspect or accused persons, in a language which they understand, of their right to remain silent, and shall explain the content of this right and the consequences of renouncing or invoking it.
Amendment 101 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4а. Member States shall ensure that suspects or accused persons do not bear criminal responsibility for giving untrue explanations at any stage of the criminal proceedings.
Amendment 26 #
2013/0403(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers and credit orand debit card on- line payment systems should be accepted by all courts and tribunals with jurisdiction in European Small Claims Procedures.
Amendment 37 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
This Regulation shall not apply where, at the time when the claim form is received by the court or tribunal with jurisdiction, all of the following elements, where relevant, the domicile or habitual residence of each of the parties and the court or tribunal with jurisdiction are in a single Member State:.
Amendment 38 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 39 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 40 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 41 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 42 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 53 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 1
Article 8 – paragraph 1
1. AWhere an oral hearing shall be held through videoconference, teleconference or other appropriate distance communication technology in accordance with Council Regulation (EC) No 1206/2001 where the party to be heard is domiciledis held, it shall be executed by making use of any appropriate distance communication technology, such as videoconference where such technology ins a Member State other than the Member State ofvailable to the court or tribunal with jurisdiction.
Amendment 57 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requestsWhere the party to be heard is domiciled or habitually resident in a Member State other than the Member State of the court or tribunal with jurisdiction, that party shall attend an oral hearing held by any distance communication method in accordance with Council Regulation (EC) No 1206/2001.
Amendment 59 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. A party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requests.
Amendment 67 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The documents mentioned in Article 5(26(1) and a judgment given in accordance with Article 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. Documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically. Service by electronic means can be attested by an automatic confirmation of deliveryby postal service or by electronic means (i) where such means are technically available and admissible under the procedural rules of the Member State in which the European Small Claims Procedure is conducted or, in the event that the two Member States are different, of the Member State in which the addressee is domiciled or habitually resident; and (ii) where the party to be served has expressly accepted in advance that documents may be served on him by electronic means or is, in accordance with the procedural rules of the Member State in which the addressee is domiciled or habitually resident, under a legal obligation to accept that specific method of service. The service shall be attested by an acknowledgement of receipt including the date of receipt.
Amendment 68 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 69 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 74 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 861/2007
Article 15a – paragraph 2
Article 15a – paragraph 2
2. The Member States shall ensure two years after entry into force of the Regulation that the parties can pay the court fees by means of distance payment methods, including bank transfer and, credit orand debit card on-line payment system.
Amendment 87 #
2013/0402(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the protection against the lawful and unlawful acquisition, disclosure and use of trade secrets and the measures, procedures and remedies for civil redress.
Amendment 97 #
2013/0402(COD)
Proposal for a directive
Article 2 – point 1 – introductory part
Article 2 – point 1 – introductory part
(1) ‘trade secret’ means informationbusiness-related information, know-how, facts, decisions and data which meets all of the following requirements:
Amendment 103 #
2013/0402(COD)
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
b) has actual or potential commercial value because it is secret;
Amendment 112 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘infringer’ means any natural or legal person who has unlawfully acquired, used or disclosed trade secretsor in a manner contrary to honest commercial practices acquired, used or disclosed trade secrets, thereby enabling the causation of damages to or actually damaging the interests of the trade secret holder;
Amendment 142 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – point а
Article 3 – paragraph 3 – point а
a) has acquired the trade secret unlawfully or in a manner contrary to honest commercial practices;
Amendment 150 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The company shall define and notify its employees in advance of the specific facts, information, decisions and data to which access has been limited and which thus constitute a trade secret.
Amendment 171 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. An employer shall be presumed to be the holder of a trade secret developed by a worker when the trade secret is related to the worker’s activities in the company.
Amendment 4 #
2013/0255(APP)
Paragraph 2
2. Stresses the importance of ensuring the independence of the European Public Prosecutor’s Office, the European Chief Prosecutor and his/her deputies, the European prosecutors and the European delegated prosecutors, including from any undue influence on the part of national political, administrative or judicial authorities, including EU institutions, including those with which the European Public Prosecutor’s Office is bound to cooperate in conducting its investigations;
Amendment 15 #
2013/0255(APP)
Paragraph 4
4. Emphasises the need, as regards the appointment of the European public prosecutors, for an open and transparent and independent competition for candidates fulfilling the required criteria of professionalism, experience, and independence, and suggests in terms of procedure, that they may be shortlisted by the Commission and evaluated by an independent panel of experts, with the final decision on appointment to be made by the Council and approved by Parliament; stresses that Parliament and the Council should appoint the European Chief Prosecutor by common agreement;
Amendment 16 #
2013/0255(APP)
Paragraph 5
5. Recommends that the European Public Prosecutor’s Office pay special attention to the appointment of the European prosecutors and the European delegated prosecutors and to the fulfilment of the criteria regarding qualifications, professional experience and independence insuring balanced geographical representation;
Amendment 22 #
2013/0255(APP)
Paragraph 7 a (new)
7a. Calls on the Member States to ensure the adoption of harmonised measures regarding the recognition and admissibility of evidence submitted by EPPO;
Amendment 30 #
2013/0255(APP)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that the structure of the EPPO should reflect a maximum degree of independence andbe fully independent from national governments and EU institutions and protected from political influence and pressure; therefore calls for openness and transparency in the selection and appointment procedures of the European Prosecutors;
Amendment 43 #
2013/0255(APP)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that rules governing the division of jurisdiction between the EPPO and the national authorities should be clear and avoid anyly defined in order to avoid any uncertainty or misinterpretation in the operational phase: the EPPO should have jurisdiction to investigate and prosecute the offences constituting fraud to the Union's financial interests according to the directive on the fight against fraud to the Union’'s financial interests by means of criminal law;
Amendment 67 #
2013/0255(APP)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Council to ensure the admissibility of the evidence gathered by the EPPO throughout the Union, and on Member States to respect the uniform application of the rules on admissibility of evidence submitted by EPPO, as this is crucial for the effectiveness of the prosecutions;
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 256 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’' or 'PNR data' means a record of each passenger’'s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities; PNR data consists of the data fields listed in the Annex and does not contain sensitive data revealing the race, colour, ethnic origin, genetic features, language, religion or belief, political or any other opinion, membership in national minority, property, disability or sexual orientation of the passenger.
Amendment 263 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’'push method’' means the method whereby air carriers automatically transfer the required PNR data into the database of the authority requesting themPassenger Information Unit;
Amendment 301 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ‘'Passenger Information Unit’'. The PIU shall be the sole responsible authority for collecting PNR data from the air carriers, storing them, analysing them, and transmitting the result of the analysis to the competent authorities referred to in Article 5. PIUs shall be also responsible for the exchange of PNR data or the results of the processing thereof between Member States and to Europol in accordance with Article 7. Its staff members may be seconded from competent public authorities.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 452 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall not require air carriers to collect or transfer any PNR data other than those specified in Article 2(c) and the Annex. Air carriers shall not be eligible for the accuracy of the PNR data except when they have been negligent in the collection and treatment of the data.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 581 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) tThe third country agrees toreceiving the data shall transfer the data to another third country only where it is necessary for the purposes of this Directive as specified in Article 1(2) and only with the express authorisation of the Member Statehen the following conditions are met: (i) the transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties (ii) the receiving authority in the other third country or receiving international body is responsible for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties (iii) the Member State from which the data were obtained has given its consent prior to the transfer (iv) the other third country or international body concerned ensures an adequate level of protection for the intended data processing.
Amendment 647 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
- All forms of payment information, including billing address;
Amendment 648 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 b (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 b (new)
- Frequent flyer information;
Amendment 653 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Article 9 – paragraph 2 – subparagraph 2 – indent 3
– General remarks to the extent that it contains any information which could serve to identify the passenger to whom PNR relate or any other person; and
Amendment 657 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 4 a (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 4 a (new)
- All historical changes to the PNR listed above
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 805 #
2011/0023(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The assessment of the passengers under this Directive shall not jeopardise the right of entry of persons enjoying the right of free movement into the territory of the Member State concerned as laid down in Directive 2004/38/EC and, where applicable, shall comply with Regulation (EC) No 562/2006.