262 Amendments of Sergei STANISHEV
Amendment 1 #
2022/2203(INI)
Motion for a resolution
Citation 9
Citation 9
— having regard to the Council conclusions of 18 June 2019, 25 March 2020, 14 December 2021, 18 July 2022 and 13 December 2022 on enlargement and the stabilisation and association process,
Amendment 3 #
2022/2203(INI)
Motion for a resolution
Citation 11
Citation 11
— having regard to the outcomes of the first intergovernmental conference with North Macedonia of 19 July 2022 and EU's Negotiating Framework,
Amendment 50 #
2022/2203(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas there has been an increasing number of incidents on ethnic and political grounds, including an attempt to set on fire the premises of the Bulgarian Cultural Club in Bitola in June 2022 and a violent assault against the secretary of the Bulgarian Cultural Club “Tsar Boris III” in January 2023,
Amendment 51 #
2022/2203(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas a number of Bulgarian citizens and journalists willing to enter North Macedonia on the occasion of the ceremony for the 151st anniversary of the birth of Gotse Delchev, a shared national hero for both countries, were denied entry into the country at border crossing points,
Amendment 52 #
2022/2203(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas following a controversial naming of the Bulgarian Cultural Club in Bitola, which opened in April 2022, North Macedonia amended the Law on Associations and Foundations in November 2022, effectively de-registering the association,
Amendment 53 #
2022/2203(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Amendment 60 #
2022/2203(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas progress towards advancement of accession negotiations will be measured against a set of criteria and requirements laid down in the Negotiating Framework, among which North Macedonia’s commitment to good neighbourly relations and the implementation in good faith of bilateral agreements, including the Prespa Agreement with Greece and the Treaty on Good Neighbourly Relations with Bulgaria of 2017,
Amendment 66 #
2022/2203(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the start of the accession negotiations process and the holding of the first Intergovernmental Conference, which is a clear recognition of North Macedonia’s consistent commitment to EU integration, which has been underpinned by steady progress on guaranteeing democracy, the rule of law and fundamental rights, while moving towards cross-cutting policy alignment;
Amendment 97 #
2022/2203(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern about the unjustified delays inof the accessstart of the negotiation process; stresses the need to strengthen the process’s transparency, accountability and inclusiveness, including its parliamentary dimension;
Amendment 171 #
2022/2203(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes North Macedonia’s commitment to upholding civil liberties and fundamental rights; welcomes its progresall efforts towards eliminating all types of discrimination and ensuring equality; regrets the increasing number of instances of hate speech, hate crimes and intimidation towards minorities and other vulnerable groups on ethnic and political grounds;
Amendment 180 #
2022/2203(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the authorities to step up the protection of minorities and other vulnerable groups and the prosecution ofevention, identification, investigation and prosecution of perpetrators of hate speech, hate crimes, as well as domestic and online abuse and to improve services for the victims of violence; welcomes changes to the Criminal Code of North Macedonia, covering crimes related to violence against women and the safety of journalists and insists on the need to strengthen North Macedonia’s anti-discrimination commission and Ombudsman’s office;
Amendment 260 #
2022/2203(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. CNotes with concern the recent backsliding of bilateral relations between North Macedonia and Bulgaria; calls for calm, dignity and maturity in bilateral relations, urges regional partners to restore trust and cooperate with mutual respect and in the spir; recalls that good neighbourly relations and the implementation in good faith of gbilateral agreements including the Prespa Agreement with Greece and Treaty on Good nNeighbourliness; y Relations with Bulgaria of 2017 remain an integral and essential element of the enlargement process;
Amendment 262 #
2022/2203(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Commends the encouraging progress, albeit on a limited scale and set of issues, within the Joint Multidisciplinary Commission of Experts on Historical and Educational Issues between Bulgaria and North Macedonia on key historical figures for both countries; underlines the importance of consistent commitment from experts from both sides, regardless of political dynamics and rhetoric, and ensuring steady progress in finding common ground and adopting recommendations on outstanding historical issues;
Amendment 264 #
2022/2203(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Invites the policymakers and the societies of Bulgaria and North Macedonof North Macedonia and Bulgaria to assume joint responsibility and to restore the positive agenda between the two countries in the spirit the of the Treaty of Friendshipn Good Neighbourly Relations of 2017; expresses support for continued diplomatic and societal dialogue to resolve bilateral grievances in good faith; reiterates that statements or actions with a controversial and provocative nature may negatively impact good neighbourly relations and incite animosity between and within societies; warns both countries against politicising efforts and initiatives for restoring civil society dialogue, cultural cooperation, inclusivity and representation; encourages all institutions concerned in both countries to actively contribute to this endeavour, as any frictions and provocative actions risk undermining achieved progress and further delaying the EU accession process;
Amendment 277 #
2022/2203(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports efforts to reach an agreement on constitutional changes that would include additional communities in the preamble of the North Macedonia’s constitutionInvites further efforts from North Macedonia’s policymakers, both in government and opposition, to fulfil commitments made upon the start of the negotiations process and reach an agreement on constitutional changes that would include and recognise additional citizens living within the borders of North Macedonia, such as Bulgarians, in the relevant provisions of North Macedonia’s constitution, ensuring all recognised minorities stand on an equal footing;
Amendment 311 #
2022/2203(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes the need to fill in transport connectivity gaps by improving planning and administrative and operational capacity and by making progress on new and unfinished core infrastructure projects, including Rail and Road Pan-European Transport Corridor VIII;
Amendment 60 #
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; reiterates that accession negotiations with Albania and North Macedonia, given that both countries have should be opened as soon as possible, given that both countries have delivered sustained results across fundamental areas towards fulfilleding the necessary conditions and delivered sustained results across; recalls that good neighbourly relations and regional cooperation are integral and essential elements of the enlargement process; reminds that the EU cannot import bilateral disputes and the instability they could entail, and that sustainable, definitive and binding solutions must be foundamental areas and implemented before a country accedes; reiterates that statements or actions which negatively impact on good neighbourly relations should be avoided;
Amendment 318 #
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 partnerwide-ranging, constructive engagement between Bulgaria and North Macedonia, seeking new common ground in multiple concrete areas of mutual interest, instead of drawing further lines of division, which has been the trademark of nationalistic and populist fractions; encourages both countries to accelerate engagement in good faith in order to reach an acceptable compromises, thereby bringing societies closer together by enabling a common future based on the provisions of the Treaty of Friendship, Good Neighbourliness and Cooperation of 2017; expects that this approach should provide for the necessary positive environment for the finding of sustainable, long-lasting solutions to outstanding bilateral issues; encourages all institutions concerned in both countries to actively contribute to this endeavor, as any frictions risk undermining good neighbourly relations and further delaying the EU; accession process;
Amendment 41 #
2019/2210(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Enlargement process is built on the premise of delivering on commitments from both the European Union, as well as the candidate countries. Whereas the failure to open accession negotiations, following the Commission's recommendations from 2018 and 2019, which were endorsed by the Parliament, erodes the credibility of the European Union, contributes to the rise of populism, nationalism and EU-scepticism, undermines efforts made by candidate countries, risks the creation of a political vacuum and emboldens third-party actors who seek establishing political influence in the region to the detriment of the EU integration process;
Amendment 90 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
(ba) to ensure that the stronger emphasis on the political nature of the process, as presented in the revised enlargement methodology proposal of the Commission, does not supersede evaluations on completion of benchmarks at the expert level and hinder the EU's commitment to a merit-based enlargement process;
Amendment 108 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point d a (new)
Paragraph 1 – point d a (new)
(da) to ensure continuity, consistency and predictability of the Enlargement process and avoid ad-hoc revisions of its accession policy as a consequence of internal political considerations of any Member State;
Amendment 179 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) to immediately open accession negotiations with Albania and North Macedoniaavoid jeopardising EU's merit- based accession policy by allowing internal political considerations in any Member State to prevail over the fulfilment of the objective benchmarks. To recognise the sufficient completion of the criteria in Albania and North Macedonia and to immediately open accession negotiations with both countries;
Amendment 258 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point x
Paragraph 1 – point x
(x) to increase EU engagement in solving outstanding bilateral issues and promoting good neighbourly relations between candidate countries, as well as between candidate countries and EU Member States, and to urge the Western Balkan countries to commit to reconciliation and peaceful solutions to longstanding disputes;
Amendment 196 #
2019/2174(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes the significance of ensurpromoting quality journalism and media literacy for tackling widespread disinformation and fake news; , disinformation campaigns in media, notably on social media platforms, which distort public opinion and pose severe risks to democratic societies and institutions, fundamental rights and freedoms, and the rule of law. Is alarmed in particular by the rising wave of nationalistic rhetoric which surrounds the current setback in the EU accession negotiations process.
Amendment 223 #
2019/2174(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
34a. Highlights the strategic value for the EU of maintaining connectivity between Bulgaria and North Macedonia, within the TEN-T close transport links and of further integrating the Western Balkans. Calls on the Commission to pay special attention to the borders and overall connectivity within the region.
Amendment 253 #
2019/2174(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Regrets that Bulgaria and North Macedonia have yet to find a compromise on issues related to history and language, making full use of the framework and objectives of the Treaty of Friendship, Good Neighbourliness and Cooperation between the two countries, trusts that they will soon be settled in order not to jeopardise the integration momentum, and looks forward to holding of the first intergovernmental conference, kick- starting the accession talks without a further delay;
Amendment 1 #
2019/2159(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to Regulation (EU) 1380/2013 of the European Parliament and the Council of 11 December 2013 on the Common Fisheries Policy,
Amendment 3 #
2019/2159(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
— having regard to Regulation (EU) of the European Parliament and of the Council of 5 June 2019 amending Regulation (EU) 1343/2011 on certain provisions of fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area,
Amendment 5 #
2019/2159(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
— having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the 'Habitats Directive'),
Amendment 6 #
2019/2159(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
— having regard to Directive 2014/89/EU of the European Parliament and the Council of 23 July 2014 establishing a framework of maritime spatial planning ('Maritime Spatial Planning Directive'),
Amendment 7 #
2019/2159(INI)
Motion for a resolution
Citation 1 e (new)
Citation 1 e (new)
— having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive),
Amendment 8 #
2019/2159(INI)
Motion for a resolution
Citation 1 f (new)
Citation 1 f (new)
— having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council pf 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council,
Amendment 9 #
2019/2159(INI)
Motion for a resolution
Citation 1 g (new)
Citation 1 g (new)
— having regard to Regulation of the European Parliament and of the Council of ... 2021 on the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/10041a _________________ 1aOJ L ... (not yet published in the Official Journal)
Amendment 10 #
2019/2159(INI)
Motion for a resolution
Citation 1 h (new)
Citation 1 h (new)
— having regard to the amendments adopted by the European Parliament on 10 March 2021 on the proposal for regulation of the European Parliament and of the Council amending Council regulation (EC) No1224/2009, and amending Council regulations (EC) No 768/2008, (EC) No1967/2006, (EC) No 1005/2008. and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control1b, _________________ 1b TA-PROV...
Amendment 11 #
2019/2159(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the mid-term strategy (2017-2020) of GFCM towards the sustainability of Mediterranean and Black Sea fisheries and the decision on a new strategy for the period 2021-2025,
Amendment 12 #
2019/2159(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the GFCM decision on building together of a new strategy for Mediterranean and Black Sea fisheries and aquaculture for the period 2021-2025, which was taking during the High-Level Meeting of 3 November 2020,
Amendment 13 #
2019/2159(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
— having regard to the EC proposals on the European Green Deal and on the EU Biodiversity strategy for 2030,
Amendment 14 #
2019/2159(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Ministerial Declarations adopted at the meetings in Burgas (31 May 2018) and Bucharest (9 May 2019) on a Common Maritime Agenda for the Black Sea, which have been signed by all 6 littoral Black Sea states,
Amendment 15 #
2019/2159(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the Charter of the Organization of Black Sea Economic Cooperation, which aims at improving the policy dialogue, among other numerous policies, in the areas of environmental protection and exchange of statistical data,
Amendment 16 #
2019/2159(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
— having regard to the Strategic Research and Innovation Agenda for the Black Sea (SRIA), which was launched in 2019 and aims at advancing a shared vision for a productive, healthy, resilient and sustainable Black Sea by 2030,
Amendment 18 #
2019/2159(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the 1992 Convention for the Protection of the Black Sea aAgainst Pollution and its Protocols, to which Bulgaria and Romania are parties and in respect of which the European Union has observer status, and also having regard to the work of the Commission on the protection of the Black Sea Against Pollution on the basis of this Convention,
Amendment 19 #
2019/2159(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Protection of the Black Sea Ministerial Declaration of 7 April 1993,
Amendment 20 #
2019/2159(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Black Sea integrated monitoring and assessment programme for years 2017-2022 (BSIMAP 2017-2022),
Amendment 21 #
2019/2159(INI)
Motion for a resolution
Citation 6
Citation 6
— having regard to the BlackSea4Fish project with the financial support of the EU and annual budget of around 1 100 000 EUR for ensuring the sustainable management of fish stocks in the Black Sea,
Amendment 22 #
2019/2159(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Recommendation GFCM/42/2018/9 on establishing a regional research programme towards the sustainable exploitation of rapa whelk (Rapana venosa) in the Black Sea, which aims at providing an estimate of the distribution, abundance, size and age structure of the rapa whelk population in the participating countries - Bulgaria, Romania, Turkey, Georgia and Ukraine,
Amendment 25 #
2019/2159(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the 1995 FAO code of conduct for responsible fisheries,
Amendment 26 #
2019/2159(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
Amendment 27 #
2019/2159(INI)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
— having regard to Recommendation GFCM/33/2009/8 of the GFCM on the establishment of a list of vessels presumed to have carried out IUU fishing in the GFCM area of application,
Amendment 28 #
2019/2159(INI)
Motion for a resolution
Citation 6 e (new)
Citation 6 e (new)
— having regard to the online regional platform - GFCM Regional Repository of National Legislation (GFCM-Lex), which encompasses national legislation on the conservation of marine living resources and ecosystems in three GFCM countries at the moment aiming at covering the whole GFCM area (including the Black Sea) in the future,
Amendment 29 #
2019/2159(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the Berne Convention, the Bon Convention (CMS), CITES, the Convention on Biological Diversity (CBD), the Pan-European Action Plan for Sturgeons (PANEUAP) adopted within the framework of the Berne Convention,
Amendment 32 #
2019/2159(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to its resolution on Measures to promote recovery of fish stocks above MSY from 21 January 20211c, _________________ 1c P9_TA(2021)0017
Amendment 34 #
2019/2159(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the Black Sea Assistance Mechanism, which aims at providing guidance and support to governments, private investors, trade and industrial associations, research institutions, universities and the general public regarding opportunities to engage in Blue economy maritime activities in the Black Sea region,
Amendment 35 #
2019/2159(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to the EU Black Sea Synergy Initiative, and the three reports on the implementation of the Black Sea Synergy from 2008, 2015 and 2019,
Amendment 36 #
2019/2159(INI)
Motion for a resolution
Citation 9 c (new)
Citation 9 c (new)
— having regard to the EU strategy for the Danube region, which among other things aims at facilitating and coordinating key issues such as biodiversity, socio-economic development and others, in the countries from the Danube River basin,
Amendment 37 #
2019/2159(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Black Sea is a semi- enclosed sea, which is only connected to an ocean by the Mediterranean via the Marmara and the Aegean Seas and is bordered upon by six countries (Bulgaria, Romania, Turkey, Georgia, Ukraine, the Russian federation), of which only two are EU Member States (Bulgaria and Romania);
Amendment 41 #
2019/2159(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Black Sea has a large anoxic layer (87%) and its oxic layer has thinned by 20 to 25 metres over the last 20 years; whereas with the exception of few anaerobic bacteria, marine life is absent at depths below 50-200 m under the sea surface;
Amendment 42 #
2019/2159(INI)
Motion for a resolution
Recital C
Recital C
C. whereas eight species fished in the Black Sea are of major interest to the fishing sector (European anchovy (Ergaulis encrasicolus), European sprat (Sprattus sprattus), horse mackerel (Trachurus mediterraneus), turbot (Scophthalmus maximus), whiting (Merlangius merlangus), red mullet (Mullus barbatus), Rapa whelk (Rapana venosa), Piked dogfish (Squalus acanthias), most of which form part of shared stocks, while two species are subject to quotas – sprat (Sprattus sprattus), which has an autonomous quota) and turbot (quota set by the GFCM); Scophthalmus maximus), which has a TAC quota set by the GFCM; where as the quota for sprat for the period 2020-2022 remained unchanged since 2011 at the rate of 11 445 tonnes per year for the EU (8 032,5 tonnes for Bulgaria and 3 442,5 tonnes for Romania), while that for turbot was increased for the EU from 114 to 150 tonnes per year, divided equally between Bulgaria and Romania;
Amendment 44 #
2019/2159(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas a system of maximum sustainable yields for the economically important species in place in the Black Sea countries will be beneficial for the biodiversity, but also the sustainability of the fishing sector in mid- and long-term; whereas Romania has put in place a national quota for other species than the 2 quoted on EU level - such as rapa whelk (Rapana venosa), mussels (Mytilus galloprovincialis), gobies (Ponticola cephalargoides), clam (Chanelea gallina), whiting (Merlangius merlangus), piked/spiny dogfish (Squalus acanthias);
Amendment 45 #
2019/2159(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, according to 2018 figures, annual fish consumption per capita in Bulgaria (7.00 kg) and Romania (7.99 kg) is well below the EU average (24.36 kg), which can be seen as an opportunity for the local fishing sector to grow;
Amendment 46 #
2019/2159(INI)
Motion for a resolution
Recital E
Recital E
E. whereas on average 91% of the Black Sea fishing fleet of all 6 littoral countries consists of small vessels,; which make upereas almost 95% of the Bulgarian fleetand 87% of the Romanian fleet falls under this category;
Amendment 49 #
2019/2159(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the small-scale fishing is characteristic for the Black Sea and Lower Danube region;
Amendment 50 #
2019/2159(INI)
Motion for a resolution
Recital F
Recital F
F. whereas illegal, unreported and unregulated fishing vessels are operating in the Black Sea; whereas per the latest available data of GFCM from 4-8 November 2019 there have been 65 vessels identified as IUU fishing vessels;
Amendment 52 #
2019/2159(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EMFF allocated more than EUR 88 million to Bulgaria and more than EUR 168 million to Romania for the period 2014-2020; whereas the absorption rates of both countries according to the latest available information until 31.12.2020 remain among the lowest in the EU at rates of funds spent at 36,34% for Bulgaria and 33,72% for Romania; whereas lower absorption rates could mean missed opportunities for the fishing communities in these countries;
Amendment 55 #
2019/2159(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas climate change has an impact on the increase of the aerial temperature, which on the other hand has an impact on the marine temperature, which affects the biodiversity and the marine species; whereas this change has an impact on the fishing sector through the resources, which it depends on;
Amendment 56 #
2019/2159(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas the European Commission has proposed the EU Green Deal and the EU Biodiversity strategy for 2030, which foresee legislative packages changing the acquis communataire in relation to the environment; whereas this would create new opportunities and measures to better integrate environmental aspects in sectorial policies, restore species and habitats and promote more environmentally friendly investments and policies;
Amendment 58 #
2019/2159(INI)
Motion for a resolution
Recital I
Recital I
I. whereas according to the report drawn as part of the EMBLAS-Plus project on the Black Sea, the Black Sea has almost twice as much waste as the Mediterranean Sea, which undoubtedly has consequences for the biodiversity and respectively for the stocks and the fishing sector;
Amendment 59 #
2019/2159(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the Black Sea has three endemic sub-species of cetaceans, two of which have the status of endangered species; whereas - Black Sea common dolphin (Delphinus delphis ponticus), Black Sea common bottlenose dolphin (Tursiops truncatus ponticus) and Black Sea harbour Porpoise (Phocoena phocoena relicta), all of which are classified as endangered species and two of them Black Sea common bottlenose dolphin (Tursiops truncatus ponticus) and Black Sea harbour Porpoise (Phocoena phocoena relicta) are included under the Habitats Directive; whereas all of these these are carnivores which feed mainly on fish;
Amendment 60 #
2019/2159(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the veined rapa whelk (Rapana venosa) is a source of income, but is an invasive species thatconsidered as an invasive species without natural enemies in the Black Sea, which poses a serious threat to the populations of other organisms, however at the same time it has become an important source of income and is also a species subject of commercial fishing;
Amendment 62 #
2019/2159(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Black Sea ecosystem depends on major European rivers such as the Danube; whereas both the Danube and the Black Sea are home to certain species, including the sturgeons (Acipenseriformes) and the Pontic shads (Clupeiformes);
Amendment 65 #
2019/2159(INI)
Motion for a resolution
Recital M
Recital M
M. whereas factors such as the degradation of the habitat of these species, disruption of their migration corridors and their overexploitation for caviar and their flesh, as well as pollution, have brought Danube and Black Sea sturgeon to the verge of extinction; whereas, due to the drastic reduction in the number of reproductive sturgeon, this species can no longeronly very rarely breed in the wild nowadays;
Amendment 66 #
2019/2159(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas the drastic decrease of the number of spawners, associated with the population decline, trigger the failure of the natural reproduction, reducing the chance of the few remaining male and female sturgeons to meet and spawn;
Amendment 67 #
2019/2159(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
M b. whereas the data held by the research institutes indicate that the populations of sturgeon species are fragmented, missing certain generations, and the species of sturgeon natural reproduction is deficient, the number of adults migrating to the Danube for reproduction is extremely low and the 5 sturgeon species (sterlet (Acipenser ruthenus), Russian sturgeon (Acipenser gueldenstaedtii), starry sturgeon (Acipenser stellatus), European sturgeon (Acipenser sturio) and beluga sturgeon (Huso huso)) are on the verge of extinction, while the species ship sturgeon (Acipenser nudiventris) is already considered extinct;
Amendment 68 #
2019/2159(INI)
Motion for a resolution
Recital M c (new)
Recital M c (new)
M c. whereas the EU fishery sector already applies high standards, which need to be reviewed and adjusted in order to ensure environmental and social sustainability along the entire value chain, including labour rights and animal health and welfare, and provide high- quality fishery products;
Amendment 69 #
2019/2159(INI)
Motion for a resolution
Recital M d (new)
Recital M d (new)
M d. whereas the recreational fisheries sector can provide opportunities, such as activity or income diversification, while being compatible with environmental objectives, given that recreational angling is a very selective form of fishing;
Amendment 70 #
2019/2159(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the COVID-19 pandemic is having a serious impact on the Black Sea fishing sector; whereas analyses showed that the fisheries sector in the Black Sea suffered drastically during the pandemic with reduction of up to 80% of the work of the operating ships as well as initial reduction with around 75% of the production;
Amendment 72 #
2019/2159(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to strengthen cooperation with third countries in the region with a view to efficiently managing fisheries resources and meeting challengUnderlines the high strategic and geopolitical stakes in the Black Sea basin due to the very specific environmental conditions, which demand special attention, tailored approach and collective actions aiming at sustainable Blue Economy and Growth; stresses the need to further strengthen and deepen the cooperation among all littoral Black Sea countries with a view to efficiently managing fisheries resources and meeting challenges; calls in this regard for a regional capacity plan, which ensures appropriate balance among available natural resources, environmental safety and the fleet capacity of all Black Sea littoral countries;
Amendment 76 #
2019/2159(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that cooperation on equal footing in the field of fisheries management is needed in the Black Sea region because of the shared stocks and global challenges, which go beyond national borders;
Amendment 79 #
2019/2159(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Urges the inclusion of all Black Sea countries in the GFCM-Lex project in order to facilitate and coordinate better and faster the common management of fish stocks;
Amendment 80 #
2019/2159(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that statistics show that a large proportion of keyIs concerned that after decades of increasing human pressure on the Black Sea marine and the Danube river's ecosystems and fisheries resources, the latest data suggests that more than 75% of the fish stocks are being overfished; stresses that this has been a growing trend in recent years; notes that there have been some positive trends in the past years for some stocks, for example the turbot, whose TAC quota has been increased for the period 2020-2022, however there is no significant improvement on a general scale for the Black Sea yet;
Amendment 83 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recognizes the role of the administrations in the whole Black Sea basin, which bring together different policies and which execute monitoring, control, sustainable management, which contribute to improving the sustainability of the fishing sector;
Amendment 84 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Bulgarian and Romanian authorities to help the sector through securing resources specifically targeted at improving the selectivity of the fishing vessels through better mesh nets; believes that such a targeted measure will reduce the quantities and varieties of unwanted by-catch;
Amendment 85 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls for integrating of the institutional and human capital of the Black Sea littoral countries for joint research and applied activities aiming at improvement of the bio resources of the Black Sea and the stocks of the economically important species;
Amendment 89 #
2019/2159(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need for funding for scientific bodies researching stocks both of fish species, including migratory species such as the sturgeon and the Black Sea shads, and non-fish species (veined whelks, mussels, etc.);
Amendment 90 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the regional research programme on the population of the rapa whelk initiated by GFCM as it will help reach consensus on the species; believes that this can help develop science-based exploitation, which could bring socio- economic profits to the communities and environmental benefits for the Black Sea ecosystem by limiting the impact of this invasive species;
Amendment 91 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses the importance of applying zero-tolerance policy towards IUU fishing in the Black Sea; welcomes the efforts of GFCM in this regard and urges all littoral states to put and combine efforts against IUU fishing also in their waters;
Amendment 92 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Urges all littoral states to promote sustainable fishing which among other things includes combating overfishing and or limiting to zero by-catches of endangered species, such as the sturgeons, shads and others;
Amendment 93 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Urges all intergovernmental institutions and organs, with participation of all Black Sea littoral states among others, to facilitate and monitor and in line with their commitments to share data on fishery resources in a thorough and all-inclusive manner in order to ensure high ecosystem status of the marine habitats;
Amendment 94 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Reminds that reliable official statistics, collected regularly through a harmonised methodology among all littoral states, regular monitoring and common regulatory measures are crucial for the success of proper fisheries management in the Black Sea; calls in this regard the respective authorities in both member states and also the cooperating countries to conduct regular and thorough research on the fish resources for which national funding and aid is be key;
Amendment 95 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Stresses the need also for local and regional communication cooperation within the different Black Sea littoral states, so that common and coherent approach to the management of the fish stocks can be executed;
Amendment 96 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3 g. Reminds the potential, which the new technologies provide and the high added value to the research and planning of the fisheries management which they can have; reminds that there are projects funded through the EMFF which aim among other things at mapping the sea bottom and its research as well as presence of plastics in it, among other things;
Amendment 97 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3 h. Urges the Black Sea littoral states to invest in digitalisation of statistics and data about the fisheries stock in the Black Sea basin in order to facilitate the better and sustainable management of the stocks; calls for a common methodology on tabling and using this data;
Amendment 98 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3 i. Calls on the fishing industry in the region to consider making use of the underrated and not used resources of fishing, which also constitute a source of proteins;
Amendment 99 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 j (new)
Paragraph 3 j (new)
3 j. Invites the scientific communities in the member states to research the potential of the oxygen free environment;
Amendment 100 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 k (new)
Paragraph 3 k (new)
3 k. Highlights the role of the non- governmental sector in the decision- making process vis-à-vis the Black Sea; recommends setting up a mechanism of inclusion of the NGO sector in this process;
Amendment 101 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 l (new)
Paragraph 3 l (new)
3 l. Welcomes the support that was provided to the fisheries and aquaculture sector through the EMFF programmes in order to soften the harsh effects of the Covid-19 pandemic on the local fishing sector; recalls however that not all affected stakeholders could benefit from that support due to administrative requirements and limitations, which has put some in more unfavourable situation than others;
Amendment 102 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 m (new)
Paragraph 3 m (new)
3 m. Underlines the important work, which the Black Sea Advisory Council does both on regional, but also EU level with providing expertise on the fisheries sector and the trends, which affect it; calls in this regard the Bulgarian and Romanian authorities to contribute for the functioning of the Council, so that it can fulfil its functions and also allow all stakeholders, the small-scale fishers included, to take part in the work and the decision-making process of this advisory council;
Amendment 103 #
2019/2159(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that through the fishing sector seafood can be offered for sale on local markets where consumption rates for such products are low; invites the competent authorities in Bulgaria and Romania to help the fishing and aquaculture sectors increase awareness about local consumption and the cumulative positive effects the sustainably grown or caught fisheries have for the local economy;
Amendment 104 #
2019/2159(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognizes and underlines that Black Sea fisheries contribute to regional and local economies significantly by generating direct revenues and incomes, driving wider spending and providing crucial jobs either independently or via cooperation with other sectors such as tourism and transport; calls for deepening the cooperation among all sectors, which use the marine environment in order to achieve better results and balance between the interests of the environment, the industry and the artisanal fishers;
Amendment 106 #
2019/2159(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that the fishing fleet of the Black Sea comprises mostly by small-scale fishing vessels, which underlines the need for a more tailor-made approach and policies towards this segment of the fishing sector; is worried that the small- scale fishers have uncertain livelihoods and lower incomes compared to other sectors, which makes them vulnerable to unforeseen developments or crisis; calls on the competent authorities in the littoral member states to include representatives of the small-scale fishing sector in the policy draft and discussions in a transparent and inclusive manner;
Amendment 107 #
2019/2159(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that there is rising global demand for the proteins found in fishery and aquaculture products, to which both the fisheries and the aquaculture production can have great contribution; considers that the possibility of supporting marine aquaculture can help the sector develop and grow in the years to come and also reduce the pressure on the wild stocks; is of the opinion, that sustainable aquaculture would require also further scientific research on issues such as density and side effects, which need to be taken into account, when designing policies for the aquaculture sector in the Black Sea;
Amendment 108 #
2019/2159(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on local fishing communities to consider classifyingintroducing designations origin for the Black Sea products as coming from an area of regional or local importance; calls on the local and regional authorities help these communities in their efforts of doing so;
Amendment 109 #
2019/2159(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States in the region to consider supporting the sector by, for example, developing specialised trade channels and marketsthrough inclusion in their national programmes for 2021-2027 or other national instruments, allocations for campaigns dedicated to the benefits of fish consumption and the importance of sustainable fisheries production and to support the sector create local food chains, to facilitate easier access to the market, especially for the small-scale fishers and to develop, improve or facilitate the fisheries infrastructure (f.e. fish markets or fish auction places etc.);
Amendment 112 #
2019/2159(INI)
7 a. Urges the competent authorities in Romania and Bulgaria to include in their respective EMFAF Operational programmes for the period 2021-2027an instalment of a targeted scheme for young fishers in order to rejuvenate the fishing sector, including supporting the first acquisition of a fishing vessel, and also measures targeted at reducing pollution by supporting investments in replacing the old fishing vessels engines with new more environment friendly ones;
Amendment 113 #
2019/2159(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines that the pressure on adapting to new challenges should not fall solely on the fisheries and aquaculture sector, as these sectors already apply high environmental and social standards; calls therefore that the other marine activities should be in focus as well, such as recreational fisheries, coastal tourism, harbour and shipping activities and resources exploitation activities, which need to uplift their standards for successful Blue transition;
Amendment 114 #
2019/2159(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the role of Fisheries Local Action Groups (FLAGs) in exchanging and promoting best practices of interest for the sciences, local stakeholders and the industry both among the members of the respective fishing communities, but also through international cooperation; urges the competent authorities in Bulgaria and Romania to foresee national support for exchange of best practices with the other Black Sea littoral states, which have shown good practices in stock management for the economically important species, such as turbot, among others;
Amendment 115 #
2019/2159(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Pays attention to the necessity of preserving the good practices in the fisheries sector through reducing the economic burdens for the artisanal fishers and their associations;
Amendment 116 #
2019/2159(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for training in the sector to be made more attractiveand education in the sector on both secondary and higher education level to be made more attractive through for example targeted information campaigns, open days for perspective students in cooperation with the public and private sector;
Amendment 117 #
2019/2159(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds that the low education level of the fishers (11% in Bulgaria and 53% in Romania) requires proactive measures on different levels in order to ensure that there is skilled and well trained labour force, which is familiar with the necessary technical, social and environmental standards, and which will help achieve better levels of sustainability of the stocks; calls for a strong societal dimension in the Black Sea region sustainable blue growth with respect to key principles of the European Pillar of Social Rights, especially with regard to precarious, seasonal and undeclared workers and to the access of women in the sector;
Amendment 118 #
2019/2159(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Welcomes the efforts for establishing demonstration centers in Romania, Turkey and Bulgaria, which has been in cooperation with GFCM and which has the potential of increasing the attractivity of the fisheries for the local businesses and stakeholders;
Amendment 119 #
Amendment 124 #
2019/2159(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for targeted measures and adequate resources to reduce pollution throughout the basin through joint programmes and budgets; calls for extensive research and estimates on the plastic pollution and the effects of plastics and other pollutants on the living organisms in the Black Sea; calls for systemic measurement of the nitrogen pollution in the Black Sea Basin;
Amendment 128 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that the fisheries and aquaculture sectors do not case temperature rise and thus climate change, but rather suffer from its sequences such as increased aerial temperature, which increases the marine temperature in the upper layers;
Amendment 131 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the Black Sea littoral states to invest in scientific research and data collection with regard to the effect of the climate change on the Black Sea and Lower Danube ecosystems; reminds that this should include providing enough resources to the scientific community to conduct research on the spot with regards to the migratory routes, wintering, feeding and reaching reproductive maturation, which will also have an effect on the characteristics and availability of stocks;
Amendment 134 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
Amendment 135 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Is very concerned by the real threat of extinction for the remaining 5 sturgeon species in the Black Sea and Danube Delta basin; acknowledges the efforts undertaken by the authorities in Bulgaria and Romania, which have introduced a complete ban on sturgeon fishing in the Black Sea since 2008 and in the Danube river since 2011 and which was prolonged for 5 more years (until 2026); welcomes the refishing efforts with sturgeons, which have been undertaken and supported by experts from the non- governmental and state structures;
Amendment 136 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10 e. Is concerned that the research on climate change and its effects on the Black Sea is not sufficient, while still crucial in the years to come; calls on the littoral states to fund such research, which covers the fish species (their physiology, migratory routes and reproduction) as well as the changes in their food chain, which has an effect on the stocks;
Amendment 137 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 f (new)
Paragraph 10 f (new)
10 f. Is of the opinion that regular measurements of the dynamics of the stocks is necessary so that adequate management measures can be designed; reminds that due to the overfishing and the anthropogenic pressure, the stocks of the economically significant species are more sensitive and vulnerable to climate change;
Amendment 138 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 g (new)
Paragraph 10 g (new)
10 g. Urges the respective control authorities to exercise effective control on NATURA 2000 sights and MPAs in the Black Sea;
Amendment 140 #
2019/2159(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites the Member States to develop the ex situ farming of sturgeon; invites the Member States to provide retraining programmes and access to other livelihoods for sturgeon fishermens, with an eye to reducing illegal catch levels;
Amendment 142 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the urgent need to establish areas, in which wild populations of sturgeons, shads and other fish species can recover; calls on the competent authorities in the member states concerned to come up with a proposal in this direction, which will be both beneficial for the biodiversity conservation and for the fishery management;
Amendment 144 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Reminds that further scientific research is needed for the population of some molluscs such as the striped white venus clam (Chamalea gallina) in order to make better mapping of the distribution of the species and also explore the possibility of using it for marine aquaculture;
Amendment 145 #
2019/2159(INI)
12 c. Invites the Black Sea littoral states to find a common approach on helping the cetaceans reach stable population levels and improve their conservation status;
Amendment 146 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Calls on the Commission and the competent authorities in Bulgaria and Romania to provide funding for research on the state of the Black Sea shads (Alosa spp.) currently listed in Annex V of the Habitats Directive 92/43/EEC, with scientific and socio-economic analyses included, assessing the need to move Alosa spp. in Annex II or even Annex I of this Directive, if the necessary criteria are met;
Amendment 151 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Calls on the Commission to urgently consider transferring the sturgeons (Acipenseriformes) currently listed in Annex V of the Habitats Directive 92/43/EEC to Annex II or even Annex I of it;
Amendment 152 #
2019/2159(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Instructs its President to forward this resolution to the Council and to the Commiss, the Commission, the governments and parliaments of the Member States, the governments and parliaments of the Ukraine, the Russian Federation, Georgia and Turkey, the General Fisheries Commission for the Mediterranean and the Black Sea, the Organisation of the Black Sea Economic cooperation, the Commission on the Protection of the Black Sea Against Pollution.
Amendment 13 #
2018/2092(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas maintaining internal border control in the Union or reintroducing such in the Schengen area has a serious impact on the lives of European citizens and all those who benefit from the principle of free movement within the EU, and seriously undermines their trust in the European institutions and integration; whereas maintaining or reintroducing internal border control entails direct operational and investment costs for cross-border workers, tourists, road freight transporters and public administrations, with crippling effects on the economies of the Member States; whereas estimates of the costs linked to the reintroduction of border controls range between EUR 0.05 billion and EUR 20 billion in one-off costs and EUR 2 billion in annual operating costs1a; whereas cross-border regions are particularly affected; _________________ 1a Wouter van Ballegooij, The Cost of Non-Schengen: Civil Liberties, Justice and Home Affairs aspects’, Cost of Non- Europe Report, European Added Value Unit, 2016, page 32.
Amendment 16 #
2018/2092(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas maintaining internal border controls in the Union or reintroducing such in the Schengen area appears linked to a perception of threats to public policy and internal security rather than sound evidence of the actual existence of a serious threat; whereas the abolition of checks at internal borders as a result of the full application of the Schengen acquis in previously acceded Member States has not led to higher crimes rates; whereas the Schengen enlargement of 2007 is associated with lower acquisitive crime rates in both the newly acceding Schengen Member States and existing Schengen Member States and has not increased the perception of insecurity among EU citizens2a; _________________ 2a Wouter van Ballegooij, The Cost of Non-Schengen: Civil Liberties, Justice and Home Affairs aspects’, Cost of Non- Europe Report, European Added Value Unit, 2016, pages 28, 31.
Amendment 26 #
2017/2256(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the permanent reintroduction of border controls wouldmaintaining internal border control in the Union or reintroduction of such in the Schengen area haves serious impacts on citizens’ lives and seriously undermines their trust in European integration; whereas Schengenmaintaining or reintroducing internal border countries would face tremendousol is related to direct operational and investment costs for cross- border workers, tourists, road freight transporters and public administrations, with crippling effects on their economies of the Member States; whereas the estimations of those costs alone amount to more thlinked with the reintroduction of border controls could range between EUR 0.05 billion and EUR 1820 billion per year forin one-off costs and EUR 2 billion in annual operating cross-border workers, tourists, road freight transporters and public administrations;ts1a; _________________ 1aWouter van Ballegooij, The Cost of Non-Schengen: Civil Liberties, Justice and Home Affairs aspects’, Cost of Non- Europe Report, European Added Value Unit, 2016, page 32
Amendment 31 #
2017/2256(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas enlargement of the Schengen area remains a key instrument for expanding the economic and social benefits, stemming from the free movement of people, services, goods and capital, to newer Member States, fostering cohesion and bridging gaps between countries and regions; whereas applying the Schengen acquis in full in all Member States, which have fulfilled the criteria for successful conclusion of the Schengen evaluation process, is essential for creating a coordinated and robust legal security framework; whereas during last year provisions of the Schengen acquis related to the Schengen Information System started to apply for Croatia; whereas following the entry into force of the remaining provisions of the Schengen acquis relating to the Schengen Information System and the Visa Information System in Bulgaria and Romania, lifting checks on internal borders remains the final milestone towards enlargement for both countries.
Amendment 79 #
2017/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the ongoing reform of the SIS and the establishment of other large-scale information systems, as well as the objective of improving their interoperability while preserving the necessary safeguards, namely with regard to data protection and privacy; Emphasizes the adoption of an Entry/Exit System (EES) expected to be operational by 2020, aimed at increasing EU border management effectiveness through recording information of third country nationals crossing EU external borders. Welcomes the implementation of a single automated calculator for Schengen area Member States and Member States which do not apply the Schengen acquis in full, thus preventing information gaps and contributing to coordinated border management framework.
Amendment 111 #
2017/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state offunctioning of the Schengen area and the issues it has encountered are not due to problems in the structure and construction of Schengen itself but ratherfree movement of people, services, goods and capital, which underpin the single market, should not fall victim of issues encountered by certain Member States related to the connected fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and control of the external borders;
Amendment 176 #
2017/2256(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Council to take the necessary measures to enable full accession of Bulgaria and Romania to the Schengen area without further delay, as well as full accession of Croatia as soon as the criteria for successful conclusion of the Schengen evaluation process have been fulfilled;
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 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 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 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 166 #
2016/0357A(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Areaterritory of the Member States, and whether such travel poses a security or irregular migration risk.
Amendment 172 #
2016/0357A(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The ETIAS should apply to third country nationals who are exempt from the requirement of being in possession of a visa when crossing the external borders, except visa-exempt nationals of the candidate and potential candidate countries for membership in the European Union.
Amendment 184 #
2016/0357A(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, security or public health risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry.
Amendment 190 #
2016/0357A(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The ETIAS should contribute to a high level of security, to the prevention of irregular migration and to the protection of public health by providing an assessment of visitors prior to their arrival at the external borders crossing points.
Amendment 195 #
2016/0357A(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) ETIAS should contribute to the facilitation of border checks performed by border guards at the external borders crossing points and ensure a coordinated and harmonised assessment of third country nationals subject to the travel authorisation requirement intending at visiting the Schengen areaEuropean Union. In addition it should enable to better inform applicants of their eligibility to visit the Schengen areaEuropean Union. Moreover, the ETIAS should also contribute to the facilitation of border checks by reducing the number of refusals of entry at the external borders.
Amendment 222 #
2016/0357A(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/39924 and assessing whether the applicant is likely to irregularly migrate, whether the entry of the applicant in the Union could pose a threat to security or to public health in the Union. _________________ 24 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 228 #
2016/0357A(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The comparison should take place by automated means. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above information systems, or with personal data in the ETIAS watchlist, or with risk indicators, the application should be processed manually by an operator in the ETIAS National Unit of the responsible Member State of declared first entry. The assessment performed by the ETIAS National Unit should lead to the decision to issue or not the travel authorisation.
Amendment 240 #
2016/0357A(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security, irregular migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.
Amendment 249 #
2016/0357A(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The continuous emergence of new forms of security threats, and new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.
Amendment 256 #
2016/0357A(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met. In particular, when a new SIS alert is created for a refusal of entry or for a reported lost or stolen travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and revoke the travel authorisation. Following a similar approach, new elements introduced in the ETIAS watchlist shall be compared with the application files stored in the ETIAS in order to verify whether this new element corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the responsible Member State of first entry should assess the hit and, where necessary, revoke the travel authorisation. A possibility to revoke the travel authorisation at the request of the applicant should also be provided.
Amendment 293 #
2016/0357A(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, irregular migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, and public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or irregular migration risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.
Amendment 305 #
2016/0357A(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to assess the security, irregular migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES33 , the ECRIS34 and the recast proposal of the Eurodac Regulation35 have been adopted. _________________ 33 Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) COM(2016) 194 final. 34 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. 35 Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] , 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) COM(2016) 272 final.
Amendment 317 #
2016/0357A(COD)
Proposal for a regulation
Recital 50 – indent 5
Recital 50 – indent 5
- to further specify the security, irregular migration or public health risks to be used for the establishment of the risk indicators.
Amendment 334 #
2016/0357A(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 349 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican State;, as well as nationals of the candidate and potential candidate countries for membership in the European Union who are exempt from the requirement of being in possession of a visa when crossing the external borders.
Amendment 354 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregular migration, security or public health risk and which is a requirement for third country nationals referred to in Article 2 to fulfil the entry condition laid down in Article 6(1)(b) of Regulation (EU) 2016/399.
Amendment 379 #
2016/0357A(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 408 #
2016/0357A(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 487 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point j
Article 15 – paragraph 2 – point j
(j) Member State of first intended entrydestination;
Amendment 538 #
2016/0357A(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The travel authorisation fee shall be waived for children under eighteen years18 years and elderly persons aged 65 years and above.
Amendment 602 #
2016/0357A(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 609 #
2016/0357A(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 621 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Member State responsible for the manual processing of applications pursuant to this Article (the 'responsible Member State') shall be the Member State of first entry: (a) in case of a hit from any of the checked systems, the Member State which entered the most recent alert resulting in a hit; (b) in the case of a hit from the ETIAS watchlist, the Member State which provided the data for the watchlist; (c) in all other cases, the Member State of intended destination as declared by the applicant in accordance with Article 15(2)(j).
Amendment 640 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point b
Article 22 – paragraph 4 – point b
(b) where the hit corresponds to one or several of the categories laid down in Article 18(2)(d) to (m), assess the security or irregular migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 647 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 655 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 714 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The ETIAS screening rules shall be an algorithm enabling the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to irregular migration, security or public health risks. The ETIAS screening rules shall be registered in the ETIAS Central System.
Amendment 719 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The irregular migration, security or public health risks shall be determined on the basis of:
Amendment 725 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregular migration, security or public health risk associated with a specific group of travellers;
Amendment 734 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further specify the irregular migration, security or public health risks referred to in paragraph 2.
Amendment 772 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregular migration, security or public health risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.
Amendment 791 #
2016/0357A(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
Article 31 – paragraph 1 – subparagraph 1 – point b
Amendment 834 #
2016/0357A(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. New elements introduced by Europol in the ETIAS watchlist shall be compared to the data of the application files in the ETIAS Central System. Where the comparison results in a hit, the ETIAS National Unit of the responsible Member State of first entry as declared by the applicant in accordance with Article 15(2)(j22(1) shall assess the security risk and, where it concludes that the conditions for granting are no longer met, it shall revoke the travel authorisation.
Amendment 890 #
2016/0357A(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. In both scenarios, the Member State's competent authorities for carrying out checks at external border crossing points shall follow their nproceed with border checks without the obligational to contingency planssult the ETIAS Central System referred to in Article 41(1).
Amendment 979 #
2016/0357A(COD)
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 3
Article 54 – paragraph 2 – subparagraph 3
Where a travel authorisation is amended by the ETIAS Central Unit or an ETIAS National Unit during its validity period, the ETIAS Central System shall carry out the automated processing laid down in Article 18 to determine whether the amended application file triggers a hit pursuant to Article 18(2) to (5). Where the automated processing does not report any hit, the ETIAS Central System shall issue an amended travel authorisation with the same validity of the original and notify the applicant. Where the automated processing reports one or several hit(s), the ETIAS National Unit of the responsible Member State of first entry as declared by the applicant in accordance with Article 15(2)(j22(1) shall assess the irregular migration, security or public health risk and shall decide whether to issue an amended travel authorisation or, where it concludes that the conditions for granting the travel authorisation are no longer met, revoke the travel authorisation.
Amendment 1035 #
2016/0357A(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. For a period of sixtwelve months from the date ETIAS commences operations, the utilisation of ETIAS shall be optional and the requirement to be in possession of a valid travel authorisation shall not apply. The Commission may adopt a delegated act in accordance with Article 78 to extend that period for a maximum of a further sixtwelve months.
Amendment 1036 #
2016/0357A(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. During this sixtwelve month period, the border guards shall inform third country nationals subject to the travel authorisation requirement crossing the external borders of the requirement to have a valid travel authorisation from the expiry of the sixtwelve month period. For this purpose, the border guards shall distribute a common leaflet to this category of travellers.
Amendment 1050 #
2016/0357A(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration, security and health risks, to enhance the efficiency of border checks, to help the ETIAS Central Unit processing the travel authorisation applications and to support evidence-based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.
Amendment 151 #
2016/0225(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to help reduce the risk of a large-scale irregular inflow of third- country nationals and stateless persons to the territory of the Member States, show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, and help achieve the Union's foreign policy objectives, in the aregions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration aa of migration and crisis management protection to those who need it should be offered and incentives for reseen orting the Commission's Communication of 7 June 2016 on Establishing a new Partnership Framework with third countries under the European Agenda on Migration32 . _________________ 32 COM(2016) 377 finalo irregular means for obtaining it should be reduced.
Amendment 257 #
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 283 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the number of persons in need of international protection displaced to or within a third country and any potential onward movement of those persons to the territory of the Member States;
Amendment 288 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 295 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 300 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 316 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 322 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – introductory part
Article 5 – paragraph 1 – point a – 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 327 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – 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 331 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) Persons who have given their consent to be resettled and have not during the last five years withdrawn their consent, including refusing resettlement to a particular Member State.
Amendment 344 #
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 394 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 403 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f – paragraph 1
Article 6 – paragraph 1 – point f – paragraph 1
Amendment 457 #
2016/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resettlement procedures laid down in Articles 10 and 11 shall apply to third- country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State.
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 504 #
2016/0225(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 231 #
2016/0224(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application, as appropriate. For the right to a personal interview to be effective, the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner. The applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor, and he or she may be assisted by the legal adviser or counsellor during the interview. The personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel, including where necessary, personnel from authorities of other Member States or experts deployed by the European Union Agency for Asylum. The personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control. Given that the personal interview is an essential part of the examination of the application, the interview should be recorded and the applicants and their legal advisers should be given access to the recording, as well as to the report or transcript of the interview before the determining authority takes a decision, or in the case of an accelerated examination procedure, at the same time as the decision is made.
Amendment 286 #
2016/0224(COD)
(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 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 byMember States with the possibility of examining applications for international protection of applicants jointly with applications of their family members, provided that they are on the determining authority. However, if a separate application is not justified, it should be considered as inadmissibleritory of the Member States.
Amendment 305 #
2016/0224(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 321 #
2016/0224(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). There need not be an examination on the merits where an application should be declared as inadmissible in accordance with this Regulation. However, where from a prima facie assessment it is clear that an application may be rejected as manifestly unfounded, the application may be rejected on that ground without examining its admissibility.
Amendment 337 #
2016/0224(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than four weeks and after that period applicants should be allowed entry to the territory of the Member State. It is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone, that the border procedure may be applied at locations in proximity to the border or transit zone. A border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
Amendment 480 #
2016/0224(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation does not applyMember States may apply this Regulation to applications for international protection and to requests for diplomatic or territorial asylum submitted to representations of Member States in third countries.
Amendment 490 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f a (new)
Article 4 – paragraph 1 – point f a (new)
(f a) 'family members'
Amendment 534 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
The following authorities shall have the task ofmay be tasked with receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection:
Amendment 567 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The applicant shall make his or her application in the Member State of first entry or, wdetermined as responsible in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation). Where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 of Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 668 #
2016/0224(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1015 #
2016/0224(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Amendment 1020 #
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, minors or dependent adults without legal capacityMember States may decide to examine an application for international protection of an applicant jointly with the applications of family members, provided that they are on the territory of the same Member State.
Amendment 1026 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1033 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 1041 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1047 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 1051 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 1053 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
Amendment 1057 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
Amendment 1063 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 1081 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:
Amendment 1109 #
2016/0224(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Amendment 1140 #
2016/0224(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity,Where a Member State decides to examine applications of family members jointly and whenever the application iss are 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 1142 #
2016/0224(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 1281 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
Amendment 1292 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The border procedure may not applied to unaccompanied minors.
Amendment 1294 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 1378 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 1426 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 1512 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point a – point i
Article 53 – paragraph 1 – point a – point i
Amendment 197 #
2016/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Member State which is determined as responsible under this Regulation should remain responsible for examination of each and every application of that applicant, including any subsequent application, within a 24 month period, in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whetherand provided that the applicant has not left or was removed from the territories of the Member States. Provisions in Regulation (EU) 604/2013 which had provided for the cessation of responsibility in certain circumstances, including when deadlines for the carrying out of transfers had elapsed for a certain period of time, had created an incentive for absconding, and should therefore be removedto the country of origin or has not been removed from the territory of the Member State.
Amendment 222 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A reference 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 reference key should be corrected by reducing the share for the following year by 20% of the difference between the share based on GDP and population and the average number of irregular arrivals recorded by the Member State over the last three years, for countries which in the last three years have received an average share of irregular arrivals higher than the determined based on size of population and the economy of the Member States. 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 1500% of the figure identified in the reference key. The corrective allocation should cease to apply when the number of applicants for which a Member State is responsible drops below 75% of the figure identified in the reference key. Member States located at external land or sea borders on the Western Mediterranean, Central Mediterranean and Eastern Mediterranean routes should be exempted from obligations of taking responsibility for allocated applications under the corrective mechanism from any other Member State. 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 350 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) 'Arrivals' means 'applicants' as defined in Article 2 (1) c, as well as third- country nationals or stateless persons who have irregularly entered the territory of a Member State and have not made an application for international protection.
Amendment 390 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Member State which has examined an application for international protection, including in the cases referred to in paragraph 3, shall be responsible for examining any further representations or a subsequent application of that applicant within a 24 month period in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whether and provided that the applicant has not left or wasto the country of origin or has not been removed from the territoriesy of the Member States.
Amendment 591 #
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 entered shall be responsible for examining the application for international protection. That responsibility shall cease 24 months after the date on which the irregular border crossing took place.
Amendment 798 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. Where a Member State is located at external land or sea borders on the Western Mediterranean, Central Mediterranean and Eastern Mediterranean routes this Member State should be exempted from obligations of taking responsibility for allocated applications under the corrective mechanism from any other Member State.
Amendment 800 #
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 immediately after all Member States have entered the data referred to in Article 34 a by applying the key referred to in Article 35 to the total number of applicationrrivals as well as the total number of resettled persons that have beenand updated annually on the basis of data entered by the respective Member States responsible in the automated system during the preceding 12 months.
Amendment 811 #
2016/0133(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34 a Upon first use of the system Member States should enter, at the latest by the end of the transitional period referred to in Article 53, their current total number of applicants, as well as third-country nationals or stateless persons who have irregularly entered the territory of a Member State and have not made an application for international protection. Subsequently Member States shall enter the total number of irregular arrivals on a continuous basis.
Amendment 843 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 (new)
Article 35 – paragraph 2 – subparagraph 1 (new)
The reference key shall be corrected by reducing the share for the following year by 20% of the difference between the share based on GDP and population and the average number of irregular arrivals recorded by the Member State over the last three years, for countries which in the last three years have received an average share of irregular arrivals higher than that determined on the basis of (a) and (b).