565 Amendments of Salvatore Domenico POGLIESE
Amendment 39 #
2017/2084(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the major efforts being made under the EU’s Horizon 2020 research and development programme to support the decarbonisation of transport; calls on the Commission, in future, to focus the available funding more clearly on interconnected strategic priorities, such as electrolow-emission mobility and integrated urban transport, with particular attention to noise reduction;
Amendment 12 #
2017/2083(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that migration and mobility within Africa and between Africa and the EU arcan be beneficial to both continents only if it’s guaranteed that migration flows are limited to the hospitality and integration capacity of hosting States, and if it’s guaranteed the respect of laws, customs and traditions of hosting communities, and that a holistic approach to migration and mobility is paramount for boosting sustainable development, promoting democracy, the rule of law, good governance and human rights;
Amendment 19 #
2017/2083(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Remembers that immigration is not desirable neither for migrants, constrained to abandon their own native country, nor for those populations who host them, which found themselves, without having chosen it, in front of complex socio-cultural and urban changing phenomena.
Amendment 56 #
2017/2083(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for effective, strengthened and systematic cooperation with countries of origin, transit and destination, including a strong and real resettlement policy and financial investigation, in the fight against trafficking and smuggling of human beinga repatriation policy of people who have not eligibility criteria for political asylum or for other forms of international protection and financial investigation, in the fight against trafficking and smuggling of human beings; the provision of economical grants, supplied by the EU, shall be dependent on the concrete collaboration with African governments and on the achievement of prearranged objectives;
Amendment 71 #
2017/2083(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. In order to foster mutual understanding, to combat and to nip phenomena such as the traffic of human beings, social exclusion and lack of integration in the bud, the EU shall promote a communication strategy, addressed to African populations, in order to divulge common European values and traditions and procedures of lawful access into the EU.
Amendment 40 #
2017/2067(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the potential of digital technologies and related business models in road transport and recognises the Strategy as an important milestone towards the development of C-ITS and, ultimately, automated mobility; notes that cooperative, connected and automated vehicles can boost the competitiveness of European industry, make transport smoother and safer, as well as reduce congestion, energy consumption and emissions from transport;
Amendment 58 #
2017/2067(INI)
5. Recalls that C-ITS are systems allowing different ITS stations (vehicles, roadside equipment, traffic control centres and nomadic devices) to communicate and share information using a standardised interoperable communication architecture;
Amendment 73 #
2017/2067(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the absence of a clear time scheduling for Day 1.5 services and beyond,table for the introduction of C-ITS services as well as the absence of a full impact assessment and precise information on the deployment initiatives in developing C-ITS services and potential service extensions; calls therefore on the Commission to present a detailed timetable with a clear set of targets for what the EU needs to achieve between 2019 and 2029 in the context of the gradual EU-wide deployment of C-ITS, including estimates of when different C- ITS services will need to be deployed, starting in 2019;
Amendment 78 #
2017/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges all Member States to join the C-Roads Platform, as it is intended to play a significant role in implementing the Strategy, provided that it observes technology neutrality which is needed to encourage innovations; invites car manufacturers to initiate C-ITS deployment to implement the Strategy;
Amendment 99 #
2017/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention to the importance of privacy and data protection of C-ITS data, which should be used for C-ITS purposes only and not be retained or used for other ends; stresses that smart cars shoin fuldl comply fullyiance with the General Data Protection Regulation (GDPR), and C-ITS service providers must offer clear terms and conditions to drivers, enabling them to give their freely informed consent to any processing of their personal data;
Amendment 123 #
2017/2067(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that technology neutrality and the hybrid communication approach, combining complementary communication technologies is the correct approach and that the most promising hybrid communication mix appears to be a combination of the European Telecommunications Standards Institute’s ETSI ITS-G5 and existing cellular networks (C-V2X), which will ensure the best possible support for deployment of the basic C-ITS services;
Amendment 163 #
2017/2067(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that the Commission rapidly establish an adequate legal framework to achieve EU-wide interoperability on time; calls on the Commission to publish a legislative proposal on access to in-vehicle data and resources no later than September 2018; recommends that this proposal should guarantee a level playing field for non- monetised access toallow the entire automotive value chain and end users to benefit from the opportunities of digitalisation, guaranteeing a fair, timely, secure and unrestricted access, and storage of in- vehicle data for all third-parties in order to protect consumer rights, promote innovation and ensure fair competition on this market, taking into account the conclusions of the Commission’s study on access to in- vehicle data and resources;
Amendment 154 #
2017/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that transport infrastructures are the backbone of the single market and crucial to ensuring the four fundamental freedoms pertaining to persons, capital, goods and services; notes that accomplishing a single European transport area connected to neighbouring countries requires major transport infrastructures and strategic modes to be treated as a key priorityies for the EU’s competitiveness and for territorial, economic and social cohesion;#
Amendment 155 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the next multiannual financial framework (MFF) should allow for adequatembitious EU funding, including structural and investment funds, for projects which contribute, in particular, to the completion of the Trans-European Transport Network (TEN-T) core network and its corridors; reiterates that financial instruments cannot replace grants for TEN- T projects, as only grants can maximise output on the ground; considers, furthermore, that better coordination of EU instruments related to transport, including blending of grants and innovative financial instruments, can facilitate project implementation and catalyse private financing;
Amendment 156 #
2017/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that an upgraded and more effective Connecting Europe Facility (CEF), which covers all modes of transport, including road infrastructure, and focuses on interconnections, is necessary;urges the conclusion of an inter- institutional agreement on CEF, in order to communicate the positive market signals to infrastructural investments that will reach the highest financial needs in middle of the 2020-2027 term;
Amendment 157 #
2017/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that funding for completing the single European rail area should be safeguarded; stresses further that the deployment of the European Rail Traffic Management System (ERTMS) should be brought forward in order to further implement common technical standards and maximise the benefits in terms of interoperability; believes that ambitious projects, such as ERTMS, require an adequate institutional input and lead from the European Commission in order to maximize the interest of the investors;
Amendment 158 #
2017/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates the importance of enabling the full use of the Single European Sky as a crucial step forward for European airspace; stresses the need for adequate funding to further the digitalization of the European air traffic management (ATM) system through the SESAR Joint Undertaking and to implement the components of Single European Sky ATM Rresearch (SESAR) in order to ensure the deployment of ATM functionalities ;
Amendment 18 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that, in light of the recent initiatives from the Commission and the European Investment Bank (EIB) to give a priority to loans and new financial tools, it is important to provide sufficient resources for grants, as grants remain an appropriate financing tool in some areas or for some types of projects, especially those where an absence of private investments is foreseen; highlightsrecalls that, in order to attain the objectives of the TEN-T programme, it is vital that highly technological projects, such as the ERTMS, get adequate resources, including by exploiting public- private-partnership opportunities channeled through the EFSI scheme in order to leverage the necessary volumes throughout the rest of the current multi- annual financial framework (MFF); highlights, nevertheless, the importance of synergies between different funding schemes such as CEF, EFSI and ESIF in order to maximise the impact of Union funds;
Amendment 143 #
2017/0353(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The identification and traceability of products is a necessary prerequisite for verifying whether the compliance requirements laid down by this Regulation are respected.
Amendment 144 #
2017/0353(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Economic operators must always be able to identify their suppliers and downstream operators to whom a particular product has been supplied. Products should therefore bear information enabling them, their manufacturer and, where applicable, their importer to be identified.
Amendment 145 #
2017/0353(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) As the indication of the country of origin helps to identify the actual place of manufacture, and as such information can facilitate the task of the market surveillance authorities in identifying the actual place of manufacture, the indication of origin should be added to the basic traceability requirements concerning the name and address of the manufacturer.
Amendment 175 #
2017/0353(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It also provides a framework for the market surveillance and traceability of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, information about the country of origin, protection of the environment and security.
Amendment 190 #
2017/0353(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) ‘country of origin’ defined on the basis of the non-preferential origin rules set out in Articles 59 to 61 of Regulation (EEC) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;
Amendment 232 #
2017/0353(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Conditions for compliance A product may be made available on the market only if the following conditions are met: (a) the product shall be marked with an indication of the country of origin. Where the size or nature of the product does not allow that, the indication may be provided on the packaging or in a document accompanying the product; (b) if the country of origin referred to in Article 3(2) of this Regulation is a Member State of the Union, the indication of the country of origin may be related to the Union or to a particular Member State.
Amendment 45 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the Netherlands. a city of the European Union that meets the following criteria: 1. the assurance that, at the time when the United Kingdom leaves the EU, the agency will remain operational in a suitable location, ensuring that its activities are not disrupted; 2. accessibility of the location; 3. schools for the children of the agency staff; 4. access to the labour market and health care for employees' spouses and children; 5. the assurance of operational continuity, given the need to protect the health and safety of EU citizens; Its headquarters shall be selected under the ordinary legislative procedure pursuant to Articles 114 and 168(4)(b) TFEU.
Amendment 47 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the NetherlandsMilan, Italy.
Amendment 84 #
2017/0293(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Reduction levels for the Union- wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030, taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets. This stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero- and low-emission vehicles.
Amendment 106 #
2017/0293(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to maintain the diversity of the market for passenger cars and light commercial vehicles and its ability to cater for different consumer needs, CO2 targets should be defined according to the utility of the vehicles on a linear basis. Maintaining mass as the utility parameter is considered coherent with the existing regime. In order to better reflect the mass of vehicles used on the road, the parameter should be changed from mass in running order to the vehicle's test mass as specified in Regulation (EU) 2017/1151 of 1 June 2017 with effect from 202530.
Amendment 108 #
2017/0293(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It should be avoided that the EU fleet-wide targets are altered due to changes in the average mass of the fleet. Changes in the average mass should therefore be reflected without delay in the specific emission target calculations, and the adjustments of the average mass value that is used to this end should therefore take place every two years with effect from 202530.
Amendment 111 #
2017/0293(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to distribute the emission reduction effort in a competitively neutral and fair way that reflects the diversity of the market for passenger cars and light commercial vehicles, and in view of the change in 2021 to WLTP-based specific emission targets, it is appropriate to determine the slope of the limit value curve on the basis of the specific emissions of all newly registered vehicles in that year, and to take into account the change in the EU fleet-wide targets between 2021, 2025 and 2030 with a view to ensuring an equal reduction effort of all manufacturers. With regard to light commercial vehicles, the same approach as that for car manufacturers should apply to manufacturers of lighter, car derived, vans, while for manufacturers of vehicles falling within the heavier segments, a higher and fixed slope should be set for the whole target period.
Amendment 117 #
2017/0293(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) CO2 emissions for new cars and new light commercial vehicles registered in the Union are measured in accordance with Regulation (EC) 715/2007, without any distinction at the measuring stage between CO2 originating from non- renewable and renewable energy carriers. A methodology that takes into account the renewable energy content of the liquid and/or gaseous road transport fuels in the determination of the specific CO2 emissions for cars and new light commercial vehicles should be developed.
Amendment 121 #
2017/0293(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A balance should however be ensured between incentives given to eco- innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure. As a consequence, it is appropriate to maintain a cap on the eco-innovation savings that a manufacturer may take into account for target compliance purposes. The Commission should have the possibility to review the level of the cap, in particular, to take into account the effects of the change in the official test procedure. It is also appropriate to clarify how the savings should be calculated for target compliance purposes.
Amendment 126 #
2017/0293(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The procedure for granting derogations from the 95 g CO2/km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target., However, experience shows that niche manufacturers have the same potential as large manufacturers to meet the CO2 targets and with regard to the targets set from 202530 onwards it is not considered appropriate to distinguish between those two categories of manufacturers.
Amendment 135 #
2017/0293(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In 2024 it is foreseen to review the progress achieved under the [Effort Sharing Regulation and Emissions Trading System Directive]. It is therefore appropriate to assess the effectiveness of this Regulation in that same year to allow a coordinated and coherent assessment of the measures implemented under all these instruments. Upstream and embedded emissions should be taken into account in order to make Well-to-Wheel and Life- cycle emissions of vehicles part of the review.
Amendment 148 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 163 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 320% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part A of Annex I;
Amendment 169 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet- wide target equal to a 3015% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part B of Annex I.
Amendment 183 #
2017/0293(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) for each calendar year from 2021 until 20249, the specific emissions target determined in accordance with points 3 and 4 of Parts A or B of Annex I as appropriate or, where a manufacturer is granted a derogation under Article 10 , in accordance with that derogation and point 5 of Parts A or B of Annex I;
Amendment 186 #
2017/0293(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) for each calendar year, starting from 202530, the specific emissions targets determined in accordance with point 6.3 of Parts A or B of Annex I.
Amendment 191 #
2017/0293(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the category of vehicles registered as M1 orand N1, for which the pool shall apply.
Amendment 193 #
2017/0293(COD)
Proposal for a regulation
Article 6 – paragraph 8 a (new)
Article 6 – paragraph 8 a (new)
8a. In order to determine the average specific M1 and N1 emissions of CO2 of each manufacturer, when a manufacturer overachieves the CO2 M1 or N1 target, his performance shall be taken into account for the same manufacturer or for other manufacturer(s). In this case, the difference between M1 or N1 specific emission targets of the manufacturer and its average specific emissions shall be deducted from its average specific emissions of CO2 for M1 or N1 specific target, weighted with the registration volumes. The total contribution of those transfers of credits between M1 or N1 manufacturers may be up to 10g CO2/km per manufacturer.
Amendment 206 #
2017/0293(COD)
Proposal for a regulation
Article 7 – paragraph 9 a (new)
Article 7 – paragraph 9 a (new)
9a. During the monitoring and reporting phase, the amount of advanced liquid and gaseous biofuels sold at the stations shall be taken into account and shall be deducted from the CO2 emissions reported at the type-approval phase. These values are used for the calculation of the Carbon Correction Factor (CCF). The Carbon Correction Factor (CCF) is calculated using the following formula: CCF = national share of advanced liquid and gaseous biofuels used. The corrected CO2 fleet calculation shall therefore be calculated as follow: CO2 fleet = (CO2 Type-approval)*(1-CCF)
Amendment 219 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) the 2025 and 2030 EU fleet-wide targets referred to in Article 1(4) and (5) calculated by the Commission in accordance with points 6.1.1 and 6.1.2 of Parts A and B of Annex I;
Amendment 222 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) the values for a2021, a2025 and a2030 calculated by the Commission in accordance with point 6.2 of Parts A and B of Annex I.
Amendment 228 #
2017/0293(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 4
Article 11 – paragraph 1 – subparagraph 4
The Commission mayshall adjust the cap with effect from 20251 onwards, in order to reflect WLTP calculation. Those adjustments shall be performed by means of delegated acts in accordance with Article 16.
Amendment 250 #
2017/0293(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall in 2024 submit a report to the European Parliament and the Council on the effectiveness of this Regulation, where appropriate, accompanied by a proposal for amending the Regulation. This report will consider, inter alia, the real world representativeness of the CO2 emission and energy consumption values determined in accordance with Regulation (EU) 2017/1151, the deployment on the Union market of zero- and low-emission vehicles and the roll-out of recharging and refuelling infrastructure reported under Directive 2014/94/EU of the European Parliament and of the Council29 . The Commission shall propose appropriate change in the ambition level set up for 2030 accordingly. _________________ 29 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)
Amendment 254 #
2017/0293(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. By 2021 the Commission shall establish a framework for a consistent and robust calculation of the life-cycle CO2 emissions and set out a mechanism for manufacturers to report upstream and embedded emissions on a voluntary basis.
Amendment 267 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 4 – introductory part
Annex I – part A – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 272 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – introductory part
Annex I – part A – point 6 – introductory part
6. From 1 January 202530, the EU fleet- wide targets and the specific emissions targets of CO2 for a manufacturer shall be calculated as follows:
Amendment 273 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – introductory part
Annex I – part A – point 6 – point 6.1 – introductory part
6.1. EU fleet-wide targets for 2025 and 203030 onwards
Amendment 277 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – point 6.1.1
Annex I – part A – point 6 – point 6.1 – point 6.1.1
Amendment 278 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Annex I – part A – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Reduction factor2030 is the reduction specified in Article 1(54)(a)
Amendment 281 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – introductory part
Annex I – part A – point 6 – point 6.2 – introductory part
6.2. Specific emissions reference targets from 202530 onwards
Amendment 285 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – point 6.2.1
Annex I – part A – point 6 – point 6.2 – point 6.2.1
Amendment 286 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – point 6.2.2 – paragraph 3 – subparagraph 1
Annex I – part A – point 6 – point 6.2 – point 6.2.2 – paragraph 3 – subparagraph 1
EU fleet-wide target2030 is as determined in accordance with point 6.1.2
Amendment 288 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 1
The specific emissions target from 202530 onwards
Amendment 295 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Specific emissions reference target is the specific emissions reference target of CO2 determined in accordance with point 6.2.1 for the period 2025 to 2029 and 6.2.2 for 2030 onwards
Amendment 301 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 1
y is the share of zero- and low-emission vehicles in the manufacturer's fleet of newly registered passenger cars calculated as the total number of zero- and low- emission vehicles, where each of them is counted as ZLEVspecific in accordance with the formula below, divided by the total number of passenger cars registered in the relevant calendar year ZLEV specific = 1 - [(specific emissions x 0,5) / 50]
Amendment 306 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 2
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 2
Amendment 309 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
x is 15% in the years 2025 to 2029 and 320% in 2030 onwards.
Amendment 314 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 4 – introductory part
Annex I – part B – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 318 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – introductory part
Annex I – part B – point 6 – point 6.1 – introductory part
6.1. The EU fleet-wide targets for 2025 and 203030 onwards
Amendment 322 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – point 6.1.1
Annex I – part B – point 6 – point 6.1 – point 6.1.1
Amendment 324 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Annex I – part B – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Reduction factor2030 is the reduction specified in Article 1(54)(b)
Amendment 328 #
2017/0293(COD)
6.2. The specific emissions reference target from 202530 onwards
Amendment 331 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.2 – point 6.2.1
Annex I – part B – point 6 – point 6.2 – point 6.2.1
Amendment 332 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – introductory part
Annex I – part B – point 6 – point 6.3 – introductory part
6.3. Specific emissions targets from 202530 onwards
Amendment 335 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1
Annex I – part B – point 6 – point 6.3 – point 6.3.1
Amendment 352 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 1
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 1
y is the share of zero- and low-emission vehicles in the manufacturer's fleet of newly registered light commercial vehicles calculated as the total number of zero- and low-emission vehicles, where each of them is counted as ZLEVspecific in accordance with the formula below, divided by the total number of light commercial vehicles registered in the relevant calendar year ZLEV specific = 1 - [(specific emissions x 0,5) / 50]
Amendment 354 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 2
Amendment 358 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 2
The specific emissions target = (specific emissions reference target – (øtargets – EU fleet-wide target2030)) · ZLEV factor
Amendment 365 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 3 – subparagraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 3 – subparagraph 2
Amendment 376 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
x is 3015%
Amendment 379 #
2017/0293(COD)
Proposal for a regulation
Annex II – part A – point 1 – paragraph 1 – point t a (new)
Annex II – part A – point 1 – paragraph 1 – point t a (new)
(ta) vehicle family lifecycle CO2 emissions, where available
Amendment 195 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5a) 'distributor' means a retailer of rail transport services selling tickets on behalf of a railway undertaking, and which does not have any obligation in the contract concluded between the passenger and the railway undertaking.
Amendment 331 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular stateprovided there is a commercial agreement between the carriers involved. If there is no commercial agreement, the entity that sold the ticket shall inform the passenger in writing that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 56 #
2017/0123(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.
Amendment 177 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 1071/2009/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 208 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation (EC) No 1071/2009
Article 5 – point e
Article 5 – point e
(e) hold assetvehicles and employ staffdrivers proportionate to the activity of the establishment.; (This amendment applies throughout the text;adopting it will necessitate corresponding changes throughout.)
Amendment 132 #
2017/0122(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To enhance cost-effectiveness of enforcement of the social rules, the potential of the current and futuresmart tachograph systems should be fully exploited, with regard to both international and national transport. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operations.
Amendment 167 #
2017/0114(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Mark-ups added to the infrastructure charge could also provide a useful contribution to addressing problems related to significant environmental damage or congestion caused by the use of certain roads, not only within mountainous areas. The current restriction of mark-ups to such areas should therefore be removed, thereby facilitating the application of mark-ups to such areas and their allocation to projects within the core network of the trans-European transport network. In order to avoid double charging of users, mark-ups should be excluded on road sections on which a congestion charge is applied.
Amendment 215 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle, the payment of which confers the right for a vehicle to use the infrastructures, comprising an infrastructure charge, and as the case may be a congestion charge or an external- cost; (This amendment applies throughout the text. Adopting it will necessitate corresponding charnge or both; s throughout).
Amendment 256 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
(29) ‘substantially amended tolling or charging arrangement’ means a tolling or charging arrangement, which has been amended in such a way that costs or revenues are affected by at least 5% in comparison with the previous year, after correcting for inflation measured by changes in the EU-wide Harmonised Index of Consumer Prices, and excluding energy and unprocessed food, as published by the Commission (Eurostat). In the case of toll systems based on concession contracts, the rules relating to the ‘Modification of contracts during their term’, referred to in Article 43 of Directive 2014/23/EU on the award of concession contracts, shall apply. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout).
Amendment 263 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) costs of infrastructure or infrastructure improvements may include any specific expenditure on infrastructure, including that incurred as a result of new regulatory requirements, designed to reduce nuisance related to noise or, to improve road safety or to introduce innovative technological solutions for the operation of the infrastructure, and actual payments made by the infrastructure operator corresponding to objective environmental elements such as protection against soil contamination. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout).
Amendment 330 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 1999/62/EC
Article 7 c – paragraph 5
Article 7 c – paragraph 5
5. From 1 January 2021, Member States that levy tolls shall apply an external-cost charge to heavy duty vehicles on at least the part of the network referred to in Article 7(1) where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in Annex IIIa."; In the case of infrastructure under concession, Member States may, in the alternative, take environmental mitigation actions as part of the concession, and in compliance with the provisions of the contracts in force. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 335 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 1999/62/EC
Article 7 c – paragraph 5 a (new)
Article 7 c – paragraph 5 a (new)
5a. When it is not technically possible or is disproportionately burdensome to introduce external costs in relation to air pollution caused by traffic or noise pollution caused by traffic, or both, the Member States may choose not to do so, or choose to do so on the exclusive condition that vehicles use an electronic tolling system as their method of payment. In such an event, for vehicles that do not use electronic tolling as their method of payment, Member States may apply tolls up to the highest level chargeable. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 372 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7 g – paragraph 3
Article 7 g – paragraph 3
3. Where, in the event of a check, a driver or, if appropriate, the transport operator, does not make payments using an electronic tolling system or, in the event of a check, is unable to produce the vehicle documents necessary to ascertain the emission class of the vehicle for the purposes of paragraph 2, Member States may apply tolls up to the highest level chargeable. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 385 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7 g – paragraph 4 – subparagraph 2
Article 7 g – paragraph 4 – subparagraph 2
Within one year from the entry into force of the delegated act, Member States shall vary the infrastructure charge taking into account the reference CO2 emission values and the relevant vehicle categorisation. Charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest, but not zero, CO2 emissions. Zero and low-emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 411 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 1999/62/EC
Article 7 g a – paragraph 4
Article 7 g a – paragraph 4
The Commission is empowered to adopt delegated acts in accordance with Article 9e amending Annex VII in order to adapt the modalities specified in the Annex to technical progress. and to take into account the role of components in improving both road safety and decarbonisation in transport. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 431 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a (new)
Article 1 – paragraph 1 – point 14 – point -a (new)
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
-a in paragraph 2, the first sub- paragraph is replaced by: Member States shall use the revenues generated from infrastructure and external costs charges to carry out road network maintenance and upkeep, including the development of an intelligent and connected road infrastructure.
Amendment 64 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2006/1/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall take the necessary measures to ensure that their undertakings may use hired vehicles for the carriage of goods by road under the same conditions as vehicles owned by them, provided that the conditions laid down in Article 2 are satisfied.” Member States may exclude from the provisions of paragraph 1 own- account transport operations carried out by vehicles with a total permissible laden weight of more than 6 tonnes.” (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout).
Amendment 69 #
2016/2327(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Commission and Member States to ensure full implementation of existing legislation and to come forward with a ‘transport and climate’ legislative package with a view to achieving the climate objectives, covering all modes, including urban mobilisupport the market uptake of existing technologies that contribute to low- emission mobility by increasing the efficiency of vehicles, whilst preserving safety;
Amendment 129 #
2016/2327(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s efforts at developing standards for inter- operable electronic tolling systems in the EU and the forthcoming revision of the Eurovignette Directive, which should include distance-based charging and differentiation on the basis of carbon dioxide emissions; calls for the extension of distance-based charging to cover all passenger cars and vans, and for the principle to be extended to urban areathe current possibility of differentiation on the basis of Euro standards;
Amendment 171 #
2016/2327(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that autonomous vehicles canould be an important asset in improving the efficiency of transport; insists, however, that autonomous vehicles should be electric, shared, and include smart measures to mitigate increasing ustechnologically neutral and sustainable;
Amendment 189 #
2016/2327(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. The contribution of Intelligent Transport Management System (ITS) to a more environmentally friendly transport system should be taken in consideration within future regulation;
Amendment 200 #
2016/2327(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes efforts to ensure comprehensive and interoperable infrastructure for electric vehicle charging; alternatively powered vehicles; calls on the Commission to fully support the market uptake of alternatively powered vehicles and to encourage the transposition and the implementation of the deployment of alternative fuels infrastructure directive (COM 2014/94) through guiding recommendations to Member States;
Amendment 219 #
2016/2327(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that an obligation for fuel suppliers to reduce the greenhouse gas (GHG) emissions of energy supplied through renewable electricity, hydrogen, sustainable conventional and advanced biofuels or, synthetic fuels or other low carbon fuels (e.g. CNG, LNG) would be the most effective approach for reducing the climate impact of road transport;
Amendment 232 #
2016/2327(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines the role that natural gas (e.g. CNG, LNG), bio-methane, synthetic methane and LPG could play in the transition towards the decarbonisation of the transport sector;
Amendment 237 #
2016/2327(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Concurs with the Commission that some food-based biofuels have a limited role in decarbonising the transport sector and agrees with the state aid guidelines that food-based biofuels should not receive public support after 2020calls for a legislative framework for sustainable biofuels that incentivizes greenhouse gas emissions savings and reduces the risk of Indirect Land Use Change (ILUC);
Amendment 239 #
2016/2327(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 274 #
2016/2327(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines the needs to deliver the most cost-effective emissions reductions, also through the full exploitation of the existing infrastructure and by boosting technologies that facilitate cross-border impact between Member States;
Amendment 315 #
2016/2327(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for new standards for CO2 emissions from cars and vans to be set for 2025 and 2030 on the basis of a linear trajectory and at a level corresponding to an annual improvement of at least 6-8 %, corresponding to 70 g New European Driving Cycle (NEDC) in 2025 and 50g NEDC in 203030. The new standards should be calculated as a percentage reduction from 2021 WLTP values. A mid-term review in 2025 should be included in order to adjust the targets for 2030 on the basis of the market uptake of alternatively powered vehicles and the deployment of alternative fuels infrastructure;
Amendment 325 #
2016/2327(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists that the future Union CO2 standards for vehicles should also be measurbe based ion a real-world driving test in order to inform consumers, ensure the accuracy of test procedures and avoid test cyclthe new WLTP laboratory test cycle, providing consumers with realistic information based on collected worldwide driving data more representative of the breatingl conditions of use;
Amendment 332 #
2016/2327(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its call for a revision of car labelling to improve consumer information and for the public procurement rules to incentivise clean vehicles; stresses that car labelling should be based on a comparative CO2 footprinscheme provided by the new WLTP test;
Amendment 359 #
2016/2327(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Expects the Commission to come forward with a proposal for CO2 standards for heavy-duty vehicles (HDVs) for 2025 without further delay and based on a solid basis determined by VECTO tool, as well as for CO2 certification to allow for differentiation in road-user charging;
Amendment 453 #
2016/2327(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses that, in order to address current market barriers to ship efficiency and lower emissions, transparency and the real transport work data inensure an effective global reduction of GHG emissions from international shipping, having regard to the target of the COP21 Paris Climate Agreement, the EU Monitoring, Reporting, Verification (MRV) system should be preserved if and whenvised in case the EU decides to align its system with the International Maritime Organisation’s (IMO) Data Collection System (DCS);
Amendment 460 #
2016/2327(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Stresses that, in the absence of an international agreement on an emissions reduction objective for the shipping sector and IMO measures to mitigate emissionIMO roadmap to establish CO2 emissions reduction commitments in the international maritime sector, the Union should incorbe supporated international shipping into the Emissions Trading System from 2023 order to adopt ambitious short and long term measures consistently with the Paris Climate Agreement;
Amendment 462 #
2016/2327(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Underlines the importance to fully transpose and implement the deployment of alternative fuels infrastructure directive (COM 2014/94), including the establishment of LNG refuelling points across the TEN-T corridors and at maritime ports. The wider use of LNG in freight transport could contribute to the low-emission mobility, having regard to the international climate and energy long targets;
Amendment 474 #
2016/2327(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Stresses that, a strong support from the EU is recommended in order to ensure the equipment of a sufficient amount of inland ports of the TEN-T core network with alternative fuels infrastructure and refuelling and storage points for inland waterways transports publicly accessible;
Amendment 4 #
2016/2325(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the role played by space technologies in making transport smarter, safer, more secure, sustainable and integrated; welcomes the Commission’s communication and believes it can contribute to meeting new transport needs of seamless connectivity, more robust positioning and interoperability;
Amendment 18 #
2016/2325(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the EU’s transport sector, particularly in traffic management, tracking systems and satellite-based observation, depends on space technology and its ability to accurately determine a position at any moment; considers that the strategy should lead to independent and secure access to space services and data and non-dependence on third countries, while promoting; recognises, moreover, that international partnerships are a success factor for European industry; calls on the Commission and the Member States, therefore, to pursue international cooperation programmes in order to promote domestically built European space technology on the global market;
Amendment 30 #
2016/2325(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission for a fast implementation of the space strategy to allow the transport sector to benefit immediately from improved maritime surveillance, multimodality, passenger travel experiences and parcel delivery services; believes that the GALILEO and EGNOS programmes can greatly contribute to the proper enforcement of EU transport legislation;
Amendment 48 #
2016/2325(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to support the EU space sector in anticipating the full deployment of GALILEO and EGNOS and to incentivise the development of compatible products; asks the Commission to encourage investments insure that space activities forin the transport through smart financing (e.g. EFSI)sector are appropriately funded in the next MFF;
Amendment 18 #
2016/2120(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, even with the systematic mobilisation of the totality of the Flexibility Instrument under heading 3 in the coming years, the financial resources available will not be sufficient to tackle the increased needs; therefore considers as essential a fair distribution of funding according to priorities (with particular attention being paid to the needs of Member States of first arrival), full transparency, accountability and wise spending;
Amendment 13 #
2016/2062(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 4 February 2016 on the special situation of islands,
Amendment 170 #
2016/2062(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that connectivity should not only be limited to number, frequency and quality of air transport services, but should also be assessed within an integrated transport network and extended to other criteria, such as time, affordability, territorial continuity and environmental cost, in order to reflect the actual added value of a route; calls, therefore, on the Commission to explore the possibility of developing an EU indicator based on other existing indices;
Amendment 216 #
2016/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that public and private financing in the aviation sector is vital to guarantee territorial cohesion, foster innovation and maintain or regain European leadership of our industry; recalls that all financing must respect EU state aid guidelines and competition law; observes that special tax regimes may be granted in certain cases so as to ensure compliance with the principle of territorial continuity and offset the natural disadvantages faced by islands and outlying areas in the EU;
Amendment 250 #
2016/2062(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of the CO2 emissions generated by the aviation sector; stresses the wide range of actions already taken to achieve carbon neutral growth from 2020, both by developing alternative fuels and lighter aircraft, and by abiding to international agreements; welcomes the Commission’s intention to review EU measures to reduce CO2 emissions from aviation in light of the outcome of the 39th Assembly of the International Civil Aviation Organisation (ICAO); is of the opinion that, in view also of the Commission’s Circular Economy Package, further initiatives reducing emissions of operational activities from, to and within airports should be encouraged; calls on the Commission to submit to Parliament an annual report on sustainability, in terms of airport and airspace congestion , resulting from the increase of around 50% in the number of flights by between 2012 and 2035, as indicated in the communication entitled ‘A new Aviation Strategy for Europe’;
Amendment 296 #
2016/2062(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Insists that the aviation sector is contributing, directly and indirectly, to the creation of jobs; believes that maintaining decent working conditions and preventing unfair practices contribute to the sustainability of the aviation sector; acknowledges the necessity to bring clarity onrecommending that the Commission's examination of the ‘'home base’' criterion, and welcomes the Commission’s decis gives due attention to the competitiveness and job-creation benefits of the multiplicity of employment models in aviation; to have guidelines issued on the applicable labour law and competent courtsakes note that where employment models are demonstrated to be consistent with international aviation rules and compliant with the relevant national and EU employment, social security and taxation laws, there should be no a priori assumption that practice should conform to a traditional model;
Amendment 28 #
2016/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is now surrounded by an arc of instability, as large parts of the Middle East and North Africa are engulfed in ethno-religious conflicts and proxy wars and terrorist groups such as ISIS and the Jabhat al-Nusra Front proliferate throughout the region, while an aggressive, revisionist Russia continues to violate its neighbours’ sovereignty and openly challenges the European security order;
Amendment 192 #
2016/2036(INI)
Motion for a resolution
Paragraph 10 – introductory part
Paragraph 10 – introductory part
10. Takes the view that it is of crucial importance that the instruments provided by the Treaty of Lisbon be finally implemented, notably Permanent Structured Cooperation (PESCO); welcomes the joint paper by the defence ministers of France and Germany on the ‘renewal of the CSDP’, and fully supports its aim of taking a positive decision on the establishment of PESCO at the November 2016 Foreign Affairs and Defence Council; calls on the VP/HR to take the lead on this initiative, as well as on other recent proposals, such as the one proposed by Italy on the future European defence system, for strengthening the CSDP with a view to paving the way for further ambitious decisions on the CSDP to be taken at the November Foreign Affairs and Defence Council and the December European Council, including the following:
Amendment 258 #
2016/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Warsaw Summit Declaration, particularly the Joint Declaration on NATO-EU cooperation; fully supports deepened cooperation between NATO and the EU in the areas of cybersecurity, migration, and the response to hybrid threats; invites the VP/HR to present specific proposals for the follow-up to the Warsaw Joint Declaration by the end of 2016; is convinced that NATO is crucialimportant for the collective security of Europe and that the EU should set up, as soon as possible, a security and defence policy that is able to be completely independent of NATO, should priorities and strategic interests not coincide;
Amendment 274 #
2016/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that the security of EU Member States is undividable and that in line with Article 42(7) TEU all Member States must enjoy the same level of security; believes it is crucial to strengthen the European security architecture, which is based on the Helsinki Final Act of 1975 and which has been severely damaged by Russia’s illegal military interventions in Crimea and eastern Ukraine;
Amendment 289 #
2016/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that it is time to define a new, more realistic strategy for the EU’s relations with Russia, based on credible deterrence but also on dialogue in areas of common interest; stresses that sanctions have proven to be the most effective means for deterring Russian aggression; recalls that the full implementation of the Minsk agreement is a prerequisite for the suspension of sanctions; insists that the EU should consider imposing further sanctions in case Russia continues to violate international law; believes it is in the common interest of the EU and Russia to achieve a better relationship, provided international law is applied;
Amendment 311 #
2016/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes it is important to engage in dialogue with Russia in order, also by resuming the activities of the Delegation to the EU- Russia Parliamentary Cooperation Committee, in order to obtain greater political cooperation and to identify measures aimed at reducing the risk of dangerous misunderstandings and miscalculations; underlines the importance of increased transparency in military activities in order to avoid air and maritime incidents with Russia and the need to develop common standards for the management of possible accidents and incidents;
Amendment 323 #
2016/2036(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the EU to step up its cooperation with its Eastern partners, also through a greater interconnection of trading activities, in particular with the more stable partners of the Middle- Eastern area, such as Jordan and Lebanon, in order to strengthen their resilience and independence;
Amendment 390 #
2016/2036(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines also the need to intensify the fight against Islamist terrorism, which affects ever larger parts of the Middle East and North Africa and has also been creeping into Europe; urges the EU to undertake concerted diplomatic efforts, together with the US and other international allieplayers, to convince partners in the region, such as Turkey, Saudi Arabia and Iran, of the need for a common strategy towards this global challenge;
Amendment 467 #
2016/2036(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the need for close cooperation with other global and regional powers on global threats and challenges; emphasises in particular the crucial importance of the transatlantic relationship, which is based on common interests and values, and relations with Latin America, based on a common cultural, linguistic and religious heritage;
Amendment 487 #
2016/2036(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls the importance of Europe’s normative power, and calls for the further strengthening of the EU’s cultural and science diplomacy in order to project and promote European strengths and values beyond our borders; also points out the power of economic diplomacy, and in particular sanctions, as a tool for enforcing EU polices;
Amendment 14 #
2016/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to monitor the evolving postal sector, including the growth of e-commerce and e-substitution, and to respond where necessary to ensure the sustainability of the USO, including by promoting flexible implementation of Postal Services Directive at local level;
Amendment 44 #
2016/2010(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that the Alternative Dispute Resolution Directive and the online dispute resolution platform may benefit consumers and businesses in cross-border transactions; calls for further mechanisms for adequate consumer redress in postal services to be introduced, including a collective approach to redress where needed.;
Amendment 41 #
2016/0414(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Council Framework Decision 2001/500/JHA35 lays down requirements on the criminalisation of money laundering. That Framework Decision is not comprehensive enough, however, and the current incrimination of money laundering is not sufficiently coherent to effectively combat money laundering across the Union, thus leading to enforcement gaps and obstacles in the cooperation between the competent authorities in different Member States. An example of this is the increase in cybercrimes linked to money laundering and to the use of digital currencies, a type of offence which in the past used hardly to exist. _________________ 35 Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 05.07.2001).
Amendment 151 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the offence was committed within the framework of a criminal organisation within the meaning of Framework Decision 2008/84153, including organisations of a terrorist nature; or _________________ 53 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42).
Amendment 194 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Each Member State shall ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4. In addition, each Member State shall undertake to carry out actions to improve exchanges of information at both European and international level between Financial Information Units.
Amendment 99 #
2016/0412(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The rules on the destination of confiscated goods should include appropriate forms of compensation for the families of police officers and public servants killed in the line of duty and police officers and public servants permanently disabled in the line of duty. Each Member State should accordingly set up a fund earmarked for this purpose and assign to it a portion of the confiscated assets.
Amendment 100 #
2016/0412(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32b) A portion of the confiscated assets should be earmarked for EU-managed structures to combat organised crime and terrorism. A portion of the assets confiscated by the Member States should be transferred to the Union budget to provide additional funding for Europol and the European Counter Terrorism Centre.
Amendment 101 #
2016/0412(COD)
Proposal for a regulation
Recital 32 c (new)
Recital 32 c (new)
(32c) Confiscated assets should be properly managed in order to reaffirm and promote respect for legality through their reuse in the social and economic interest of the communities directly affected by the activities of terrorists and criminal organisations.
Amendment 132 #
2016/0412(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 12 a (new)
Article 3 – paragraph 1 – indent 12 a (new)
- offences against intellectual and industrial property,
Amendment 134 #
2016/0412(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 13
Article 3 – paragraph 1 – indent 13
- environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties and illicit waste trafficking,
Amendment 139 #
2016/0412(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 22
Article 3 – paragraph 1 – indent 22
- racketeering and, extortion and usury,
Amendment 140 #
2016/0412(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 23
Article 3 – paragraph 1 – indent 23
- smuggling, counterfeiting and piracy of products,
Amendment 177 #
2016/0412(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where it is not possible in a specific case to meet the time limits set out in paragraphs 2 or 4, the executing authority shall, without delay, inform the issuing authority by any means capable of producing a written record, giving the reasons for the delay and shall consult with the issuing authority on the appropriate timing to carry out the confiscation. In such a case, the time limit laid down in paragraphs 2 or 4, may be extended by a maximum of 30 days.
Amendment 204 #
2016/0412(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The executing authority may decide to lift the freezing order if, during the execution, it becomes aware that one of the grounds for non-recognition and non- execution applies. The executing authority shall communicate to the issuing authority, by any means capable of producing a written record, the reasons for the decision to revoke the freezing order.
Amendment 216 #
2016/0412(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Where it is not possible in a specific case to meet the time limits set out in paragraphs 3 or 6, the executing authority shall immediately inform the issuing authority by any means capable of producing a written record, giving the reasons for the delay and shall consult with the issuing authority on the appropriate timing to carry out the freezing.
Amendment 223 #
2016/0412(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The notification shall contain information, at least briefly, on the reasons of the freezing order, on the authority who issued the order and on the existing legal remedies under the national law of the executing State.
Amendment 226 #
2016/0412(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The executing authority shall, in accordance with its national law, guarantee the confidentiality of the facts and the substance of the freezing order, except to the extent necessary to execute it. If the executing authority cannot comply with the requirement of confidentiality, it shall notify the issuing authority immediately, indicating the reasons for this by any means capable of producing a written record.
Amendment 230 #
2016/0412(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. After consulting the issuing authority, the executing authority, taking into account the circumstances of the case, may make a reasoned request to the issuing authority to limit the period for which the property shall be frozen. If the issuing authority does not agree to such a limitation, it shall inform the executing authority thereof by any means capable of producing a written record, stating its reasons. If the issuing authority does not do so within six weeks of receiving the request, the executing authority may lift the freezing order.
Amendment 240 #
2016/0412(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
The executing State shall terminate the execution of the order as soon as it is informed by the issuing authority of that decision or measure and shall confirm this to the issuing country without delay by any means capable of producing a written record.
Amendment 245 #
2016/0412(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) if the amount obtained from the execution of the confiscation order is more than EUR 10 000, 570% of the amount shall be transferred by the executing State to the issuing State.
Amendment 251 #
2016/0412(COD)
Proposal for a regulation
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. Each Member State shall take the necessary measures, including the setting up of a national fund to guarantee appropriate compensation for the families of police officers and public servants killed in the line of duty and police officers and public servants permanently disabled in the line of duty. Each Member State shall earmark a portion of confiscated assets for this purpose.
Amendment 252 #
2016/0412(COD)
Proposal for a regulation
Article 31 – paragraph 4 b (new)
Article 31 – paragraph 4 b (new)
4b. The Member States shall transfer a portion of the proceeds from confiscated assets to the Union budget to provide funding for the work of Europol and the European Counter Terrorism Centre.
Amendment 253 #
2016/0412(COD)
4c. Each Member State shall take the necessary measures to establish a national centralised office responsible for managing confiscated assets and assets that have been frozen with a view to possible confiscation. Confiscated assets shall be earmarked primarily for local communities directly affected by the criminal activities of illicit organizations or acts of terrorism. These assets shall be in the public interest or for socially useful purposes in line with the legislation of the country concerned.
Amendment 254 #
2016/0412(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The issuing authority shall communicate the decision referred to in paragraph 3 and 4(d) to the executing authority by any means capable of producing a written record. If a procedure to compensate or restitute the victim is pending in the issuing State, the executing State shall withhold the disposition of the confiscated property until the decision is communicated to the executing authority.
Amendment 255 #
2016/0412(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the executing State has had costs which it considers large or exceptional, the executing authority may propose to the issuing authority that the costs be shared. The issuing authority shall take into account such a proposal on the basis of detailed specifications given by the executing authority and inform the executing authority of its conclusions by any means capable of producing a written record.
Amendment 82 #
2016/0382(COD)
Proposal for a directive
Recital 62
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by. In order to support the uptake of advanced biofuels. T and to prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directivestore investors' confidence in the mid to long term, the amount of sustainable crop-based biofuels that can be counted towards the Union target for the transport sector should not exceed 7% of the final consumption of energy, for the period 2021-2030.
Amendment 90 #
2016/0382(COD)
Proposal for a directive
Recital 65
Recital 65
(65) The promotion of low carbon fossil fuels that are produced from fossil wastelow carbon fuel streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation. It is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers.
Amendment 93 #
2016/0382(COD)
Proposal for a directive
Recital 68 a (new)
Recital 68 a (new)
(68a) The existing synergy between two major EU policies, the Energy Union Framework and the Circular Economy Package should be further promoted in order to ensure the most efficient use of the raw materials and the most valuable environmental outcome.
Amendment 100 #
2016/0382(COD)
Proposal for a directive
Recital 101
Recital 101
(101) Since the objectives of this Directive, namely to achieve at least 27% share of energy from renewable sources in the Union's gross final consumption of energy and a 10% share of energy from renewable sources in each Member State's transport energy consumption by 2030, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union . In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 116 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f f
Article 2 – paragraph 2 – point f f
(ff) ‘waste-based fossillow carbon fuels’ means liquid and gaseous fuels produced from gaseous waste streams of non-renewable origin, including waste processing gases and exhaust gases;, being gaseous effluents which the holder is required to discard and which are generated as an unavoidable and not intentional consequence of the manufacturing or production of goods for commercial purposes. The amount of gaseous wastes or by-products used for "low carbon fuels", cannot be credited under other emissions reduction schemes, such as the EU Emission Trading Scheme, and should be applied based on a full material life cycle approach.
Amendment 120 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 27%. In this context, the contribution of energy from renewable sources in the transport sector of each Member State shall be at least 10% of the energy mix in transport by 2030. The contribution from sustainable crop-based biofuels in transport shall not exceed 7% of the calculation of the Union's gross final consumption of energy, for the period 2021-2030.
Amendment 131 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State's gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
Amendment 138 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 4 – point b a (new)
Article 7 – paragraph 4 – point b a (new)
(ba) To reach the target set out in Article 3(1)(a), the contribution of fuels supplied in the aviation sector shall be considered to be 2 times the energy content.
Amendment 142 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Every 2 years, the Commission shall carry out an evaluation of the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, in line with the principles set out in this paragraph. The first evaluation shall be carried out no later than 6 months after [date of entry into force of this Directive]. If appropriate, the Commission shall adopt delegated acts to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not to remove them.
Amendment 171 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
With effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossillow carbon fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 185 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
for the calculation of the numerator, the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, waste based fossillow carbon fuels supplied to all transport sectors, and renewable electricity supplied to road vehicles, shall be taken into account.
Amendment 197 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to further specify the methodology referred to in paragraph 3(b) of this Article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process, to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non-biological origin and waste-based fossillow carbon fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this Article.
Amendment 214 #
Amendment 218 #
2016/0382(COD)
Proposal for a directive
Annex IX – Part B – point c
Annex IX – Part B – point c
Amendment 219 #
2016/0382(COD)
Proposal for a directive
Annex X – Part A – table
Annex X – Part A – table
Amendment 307 #
2016/0382(COD)
Proposal for a directive
Recital 65
Recital 65
(65) The promotion of low carbon fossil fuels that are produced from fossil wastelow carbon fuel streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation. It is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers.
Amendment 333 #
2016/0382(COD)
Proposal for a directive
Recital 101
Recital 101
(101) Since the objectives of this Directive, namely to achieve at least 27% share of energy from renewable sources in the Union's gross final consumption of energy and a 10% share of energy from renewable sources in each Member State's transport energy consumption by 2030, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 445 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f f
Article 2 – paragraph 2 – point f f
(ff) ‘waste-based fossillow carbon fuels’ means liquid and gaseous fuels produced from gaseous waste streams of non-renewable origin, including waste processing gases and exhaust gases;, being gaseous effluents which the holder is required to discard and which are generated as an unavoidable and not intentional consequence of the manufacturing or production of goods for commercial purposes. The amount of gaseous wastes or by-products used for "low carbon fuels" cannot be credited under other emissions reduction schemes, such as the EU Emission Trading Scheme, and shall be applied based on a full material life cycle approach.
Amendment 680 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. To reach the target set out in Article 3(1)(a), the contribution of fuels supplied in the aviation sector shall be considered to be 2 times the energy content.
Amendment 1172 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
With effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossillow carbon fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 1185 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point a
Article 25 – paragraph 1 – subparagraph 4 – point a
(a) for the calculation of the denominator, that is the energy content of road and rail transport fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin, waste-based fossillow carbon fuels and electricity, shall be taken into account;
Amendment 1221 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
The share of renewable energy in liquid and gaseous transport fuels shall be determined on the basis of the share of renewable energy in the total energy input used for the production of the fueltransport fuel. An equivalent amount of guarantees origin issued in accordance with Article 19 shall be cancelled.
Amendment 1226 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 3 – point a – paragraph 1
Article 25 – paragraph 3 – subparagraph 3 – point a – paragraph 1
When electricity is used for the production of renewable liquid and gaseous transport fuels of non-biological origin, either directly or for the production of intermediate products, either the averagthe share of electricity from renewable energy sources in the Union or the share of electricity from renewable energy sources inshall be determined according to the camountry of production, as measured two years before the year in question, may be used to determine the share of renewable energy. In both cases, an equivalent amount of guarantees of origincancelled guarantees of origin of renewable electricity, issued in accordance with Article 19 shall be cancelled.
Amendment 36 #
2016/0276(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The extended EFSI should address remaining market failures and sub-optimal investment situations and continue to mobilise private sector financing in investments crucial for Europe’s future job creation – including for the youth –, growth and competitiveness with strengthened additionality. They include investments in the areas of energy, environment and climate action, social and human capital and related infrastructure, healthcare, research and innovation, cross- border and sustainable transport, as well as the digital transformation. In particular, the contribution of operations supported by the EFSI to achieving the Union's ambitious targets set at the Paris Climate Conference (COP21) should be reinforced. Energy interconnection priority projects and energy efficiency projects should also be increasingly targeted. In addition, EFSI support to motorways should be avoided, unless it is needed to support private investment in transport in cohesion countries or in cross-border transport projects involving at least one cohesion country. For reasons of clarity, although they are already eligible, it should be explicitly laid down that projects in the fields of agriculture, fishery and aquaculture come within the general objectives eligible for EFSI support.
Amendment 42 #
2016/0276(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Additionality, a key feature of the EFSI, should be strengthened in the selection of projects. In particularorder to ensure that the entities that need to use the EFSI guarantee fund are better represented, it would be advisable to allow for rotation on the Steering Board, to include members of sectoral DGs, such as transport and environment. In accordance with the additionality principle, operations should only be eligible for EFSI support if they address clearly identified market failures or sub- optimal investment situations. Operations in infrastructure under the Infrastructure and Innovation Window linking two or more Member States, including e- infrastructure, should be considered additional given their inherent difficulty and their high added value for the Union.
Amendment 61 #
2016/0276(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The EIB and the EIF should publicise the EFSI in order to raise the profile of this important instrument. They should also ensure that the final beneficiaries, including SMEs, are informed of the existence of EFSI support, so as to enhance the visibility of the EU guarantee granted under Regulation (EU) 2015/1017.
Amendment 104 #
2016/0276(COD)
Proposal for a regulation
Annex – point 1 – point a
Annex – point 1 – point a
Amendment 272 #
2016/0224(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The lodging of the application is the act that formalises the application for international protection. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so. At this stage he or she is requirebound to submit all the elements at his or her disposal needed to substantiate and complete the application. The time-limit for the administrative procedure starts to run from the moment an application is lodged. At that time, the applicant should be given a document which certifies his or her status as an applicant, and which should be valid for the duration of the his or her right to remain on the territory of the Member State responsible for examining the application.
Amendment 311 #
2016/0224(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Before determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX of the European Parliament and of the Council (Dublin Regulation),29 the first Member State in which an application has been lodged shouldmight examine the admissibility of that application when a country which is not a Member State is considered as a first country of asylum or safe third country for the applicant. In addition, an application should be considered to be inadmissible when it is a subsequent applicant without new relevant elements or findings and when a separate application by a spouse, partner, dependent adult or minor is not considered to be justified. _________________ 29 OJ L […], […], p. […].
Amendment 338 #
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 fourtwo 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 573 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The applicant shall be bound to cooperate with the responsible authorities for them to establish his or her identity as well as to register, enable the lodging of and examine the application by:
Amendment 849 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makedisembarks ain applicatthe territory of the European Union, appoint a person or an organisation as a guardian.
Amendment 854 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of a guardian, in respect of the unaccompanied minor, in accordance with this Regulation.
Amendment 866 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively, and in any case of no more than 20.
Amendment 872 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2 a (new)
Article 22 – paragraph 5 – subparagraph 2 a (new)
The responsible entities or persons shall assess the performance of the guardian within the first month after his/her appointment, and regularly thereafter.
Amendment 936 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 a (new)
Article 27 – paragraph 1 – subparagraph 1 a (new)
The determining Member State shall conduct a thorough security verification of each applicant as soon as possible following the registration of an application.
Amendment 955 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time- limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one monthtwo weeks from the date when the application is registered.
Amendment 957 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
When lodging an application, applicants are required toshall submit all the elements referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
Amendment 1227 #
2016/0224(COD)
(aa) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member States;
Amendment 1243 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point f
Article 40 – paragraph 1 – point f
Amendment 123 #
2016/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised, taking into account the juridical differences between the refugee status and the subsidiary protection status.
Amendment 134 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persrefugees and beneficiaries of subsidiary protections in all Member States.
Amendment 156 #
2016/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The resources of the Asylum, Migration and RefugeeIntegration Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particularwith priority to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation. Such support should be limited to the Asylum, Migration and Integration Fund in line with the general principle of no double funding.
Amendment 186 #
2016/0223(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherentmight form part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority. However, the applicant should collaborate with the determining authority in order to establish whether the conditions for internal protection are satisfied in a part of his/her country of origin.
Amendment 189 #
2016/0223(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The assessment of the best interests of the child should be the primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors.
Amendment 224 #
2016/0223(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) In order to avoid abuses, Member States should assess whether the marriage between a beneficiary of international protection and his or her spouse is the result of an authentic relationship.
Amendment 227 #
2016/0223(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final.
Amendment 249 #
2016/0223(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law. This should be without prejudice of the possibility for the beneficiary of international protection to provide the relevant authority with admissible justifications.
Amendment 254 #
2016/0223(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) In the event that the situation of a beneficiary of international protection or an applicant for international protection fulfil the conditions set out in Art 33(2) of the Geneva Convention, Member States should enjoy the discretion whether to return the person to his/her country of origin, in full respect of the European Charter of Fundamental Rights, in particular Article 4 and Article 19 (2).
Amendment 346 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The determining authority shall consider it the duty of the applicant shallto submit all the elements available to him or her whichs soon as possible all the elements needed to substantiate the application for international protection. He or she shall cooperate with the determining authority andIn cooperation with the applicant, it is the duty of the determining authority to assess the relevant elements of the application. The applicant shall remain present and available throughout the procedure.
Amendment 374 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. When examining an application for international protection the determining authority shall assess whether the applicant has deliberately behaved in a way that would determine his/her persecution in the country of origin, for the sole or main purpose of creating the necessary conditions for applying for international protection.
Amendment 379 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a subsequent application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulation] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin for the sole and main purpose of being granted international protection.
Amendment 413 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shallmay be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. THowever, the applicant shall not be required to prove that, before seekingcollaborate with the determining authority in order to establish whether the conditions for international protection, he or she has exhausted all possibilities to obtain protection in his or are satisfied in a part of his/her country of origin.
Amendment 421 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Any decision not to provide international protection to a minor, whether accompanied or not, based on the availability of internal protection, shall be preceded by a formal best interests determination procedure. Where the applicant is an unaccompanied minor, the availability of appropriate care, custodial arrangements and durable solutions for his or her development should be part of the assessment of whether the protection is effectively guaranteed within the individuated area.
Amendment 456 #
2016/0223(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Points (e) and (f) shall not apply to a refugee who is able to invokedemonstrate the existence of compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 477 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. For the purposes of points (b) and (c) of paragraph 2, the following aspects shall be classified as serious non-political crimesonsidered of particular importance by the determining authority during the individual assessment:
Amendment 480 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) particularly cruel actions when the act in question is disproportionate to the alleged political objective,ipation in the activities of a terrorist group even though it is not established that the person concerned committed, attempted to commit or threatened to commit a terrorist act as defined in the resolutions of the United Nations Security Council;
Amendment 485 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective.a conviction by the Courts of a Member State on a charge of participation in the activities of a terrorist group; or
Amendment 487 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) membership of the leadership of a terrorist group.
Amendment 502 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) he or she, having been convicted by a final judgment of a particularly serious crime with reference to offences listed in Article 2(2) of Framework Decision 2002/584/JHA, constitutes a danger to the community of the Member State in which he or she is present;
Amendment 519 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renewwithdrawing refugee status pursuant to point (a) of paragraph 1 shall only take effect threone months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.
Amendment 526 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
In order to apply Article 14(1), the determining authority shall review the refugee status in particular where: :
Amendment 532 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where Union level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant;
Amendment 536 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 559 #
2016/0223(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invokedemonstrate the existence of compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 590 #
2016/0223(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renewwithdrawing subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.
Amendment 596 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
In order to apply Article 20(1), the determining authority shall review the subsidiary protection status in particular where:
Amendment 601 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph a
Article 21 – paragraph a
(a) where Union level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant,
Amendment 604 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph b
Article 21 – paragraph b
Amendment 615 #
2016/0223(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When applying the provisions of this Chapter that involve minors the best interests of the child shall be athe primary consideration to the relevant authorities.
Amendment 638 #
2016/0223(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. No residence permit shall be issued for a spouse of a beneficiary of international protection where the competent authority assesses that there are sufficient evidences to consider that his/her relationship with the refugee or the beneficiary of subsidiary protection is the result of a forced marriage or an arranged marriage.
Amendment 740 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
Amendment 744 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The appointed guardian shall have the duty of ensuring that the minor can access all rights stemming from this Regulation. The appropriatresponsible authorities shall regularly assess the performance of the appointed guardian within the first month after his/her appointment, and then regulardianly.
Amendment 783 #
2016/0223(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Directive 2003/109/EU
Article 4 paragraph 3 a
Article 4 paragraph 3 a
3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1, unless he or she demonstrates that the reason for the movement was due to circumstances beyond his/her control.
Amendment 59 #
2016/0222(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Reception conditions continue to vary considerably between Member States both in terms of how the reception system is organised and in terms of the standards provided to applicants. The persistent problems in ensuring adherence to the reception standards required for a dignifiedppropriate treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More equal reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.
Amendment 69 #
2016/0222(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Standard conditions for the reception of applicants that will suffice to ensure them a dignifiedn adequate standard of living and comparable living conditions in all Member States should be laid down. The harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their reception.
Amendment 95 #
2016/0222(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection, particularly in accordance with the international legal obligations of the Member States and with Article 31 of the Geneva Convention. Applicants may be detained only under the very clearly defined exceptional circumstances laid down in this Directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention. Detention of applicants pursuant to this Directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy before a national judicial authority.
Amendment 113 #
2016/0222(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to promote the self- sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants’ access to the labour market ð and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice, save for the possibility of the Member State concerned giving priority to nationals or to othe principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accessionr Union citizens.
Amendment 120 #
2016/0222(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market, including by involving the applicant in a socially- beneficial activity, is encouraged where the application is likely to be well-founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.
Amendment 134 #
2016/0222(COD)
Proposal for a directive
Recital 42
Recital 42
(42) In order to restrict the possibility of abuse of the reception system, Member States should be able to provide material reception conditions only to the extent applicants do not have sufficient means to provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring a dignifiedn adequate standard of living for all applicants.
Amendment 259 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 261 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Minors shall not be detained only as a measure of last resort and after it having been established that other less coercive alternative measure; Member States shall instead accommodate minors cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minorsd families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 300 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 63 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Amendment 310 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
For reasons of labour market policies, and especially regarding youth unemployment levels, Member States may verify whether a vacancy could be filled, through preferential access, by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State.
Amendment 345 #
2016/0222(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Language courses and civic orientation courses Member States shall provide applicants effective access to language courses and civic education courses free of charge from the date when the application for international protection was made. However, Member States may require applicants to cover or contribute to the cost of such courses in accordance with the conditions set out in Article 16(4) and (5).
Amendment 357 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States may require applicants to cover or contribute to the cost of the material reception conditions provided for in paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time. Should the applicants not have sufficient resources, the competent national authorities, in agreement with local authorities, may facilitate the employment of applicants for international protection, on a voluntary basis, in socially-beneficial activities geared to the specific requirements of the host territorial communities.
Amendment 402 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
2. Member States shall ensure a dignifiedn adequate standard of living for all applicants.
Amendment 443 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Decisions for replacement, reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to applicants with special reception needs , taking into account the principle of proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a dignifiedn adequate standard of living for all applicants.
Amendment 484 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possibleimmediately, and no later than five working days from the moment when an unaccompanied minor makes an application for international protectionarrival on EU territory of an unaccompanied minor, take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified record of criminal offences, and in particular child- related crimes or offences . The competent authorities shall regularly monitor the criminal record of the guardian, following his/her appointment, with a view to checking for anything incongruous with their role. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .
Amendment 492 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionan acceptable and limited number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring, within the first month of the guardian being appointed, and then at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian.
Amendment 537 #
2016/0222(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
By [threone years after the entry into force of this Directive] at the latest, and at least every fivthree years thereafter, the Commission shall present a report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.
Amendment 538 #
2016/0222(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Member States shall at the request of the Commission send the necessary information for drawing up the report by [two yearsix months after the entry into force of this Directive] and every fivetwo years thereafter .
Amendment 19 #
2016/0170(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Ship-carried tenders are used to ferry passengers from passenger ships to shore and back, and they are not appropriate for other types of services such as coastal sightseeing excursions, which should be undertaken by ships that meet the requirements for passenger ships of the coastal State, as provided for by inter alia the IMO guidelines (MSC.1/Circ.1417 on Guidelines for passenger ship tenders). The Commission should therefore assess the need for common European requirements, including mandatory provisions, for vessels used for coastal sightseeing excursions, and issue specific guidelines before 2020, also in order to facilitate the harmonisation of rules and standards between Member States.
Amendment 25 #
2016/0170(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Regulatory Fitness Programme (REFIT)17 has shown that not all Member States certify aluminium ships under Directive 2009/45/EC. This creates an uneven situation that undermines the objective of achieving a common, high safety level for passengers sailing domestically in the Union. To avoid the non-uniform application arising from the interpretation of the Directive's scope related to the definition of aluminium as an equivalent material and the applicability of the corresponding fire safety standards, the definition of the equivalent material should be clarified. However, Member States should be allowed to keep their current stricter fire prevention methods. _________________ 17 COM(2015)508.
Amendment 32 #
2016/0170(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) In order to facilitate the implementation and transposition processes, the role of EMSA and the use of the existing Passenger Ship Safety Expert Group (PSS EG) to the Maritime Safety Group should be supported.
Amendment 42 #
2016/0170(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point j
Article 1 – paragraph 1 – point 1 – point j
Directive 2009/45/EC
Article 2 – point ze
Article 2 – point ze
(ze) ‘tender’ means a ship-carried boat used for transferring more than 12 passengers from a stationary passenger ship to shore and back, within the meaning of the IMO Guidelines MSC.1/Circ.1417;
Amendment 49 #
2016/0170(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2009/45/EC
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A port State may inspect a passenger ship, a ro-ro ferry or a high- speed passenger craft, when engaged on domestic voyages, and audit its documentation, in accordance with the provisions of Directive 2009/16/EC of the European Parliament and of the Council*.
Amendment 121 #
2016/0133(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Such a method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, on behalf of the European Union, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.
Amendment 129 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annuallyevery six months, as well as the reference key based on Eurostat data. The European Agency for Asylum should handle the transfers of applicants requesting international protection from one Member State to another in all the cases provided for by this Regulation.
Amendment 146 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well asexamines in accelerated procedures applications made by applicants presenting security concerns.
Amendment 160 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be ththe absence of a family member or a relative, unaccompanied minors should not, as general rule, be transferred among Member States. Their application should be therefore examined by the Member State where the unaccompanied minor first has lodged his or her application for international protection,is present after having lodged an application, if provisions at Article 19 are not applicable and unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise.
Amendment 175 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of some of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 180 #
2016/0133(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to reduce the administrative requirements and make effective use of common resources the European Union Agency for Asylum should develop suitable information material on the CEAS, in close cooperation with the national authorities. The information material developed by the Agency should be translated and made available in languages which the asylum seekers understand or are reasonably supposed to understand. In order to avoid that information on the functioning of the CEAS are improperly used, they should be provided just to asylum seekers, once they have already reached the territory of the Union.
Amendment 182 #
2016/0133(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) To build an efficient Common European Asylum System, to save human lives by preventing dangerous journeys and crossings of the sea, to combat the problem of human traffickers and people smugglers, and to prevent the arrival in Europe of huge waves of economic migrants whose applications for international protection will be rejected, the European Union must evaluate the suitability of setting up “Hotspots” for examining applications for international protection in third countries that are considered safe.
Amendment 207 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism. The national competent authorities of the Member State should be entitled to consult the information linked to the unique application number for security reasons.
Amendment 226 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States, on their level of unemployment, on their expenditure linked to migration and on the number of beneficiaries of international protection who are in their territory should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 1500% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 232 #
2016/0133(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) In order to ensure that Member States that have not in recent years been among the main destination countries for applicants for international protection have sufficient time to build up their reception capacity, the corrective allocation mechanism should enable a gradual transition from the current situation to a situation with a more fair distribution of responsibilities under the corrective allocation mechanism. The transitional system should create a baseline key based on the average relative numbers of historically lodged applications for international protection in Member States and then transition from this "status quo" model towards a fair distribution by calculating the reference number for each Member State during the transitional period on the basis of a combination between the baseline key and the reference key referred to in Article 35.
Amendment 241 #
2016/0133(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) It would be an asset to ensure that applicants who wish to be transferred together can register and be transferred under the corrective allocation mechanism as a group to one Member State. In order to allow for the smooth and practical application the relocation system should be based on transfer lists of 15 applicants per list.
Amendment 260 #
2016/0133(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with Commission Regulation (EC) No 1560/200322 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. The European Union Agency for Asylum should play a key role in guaranteeing that transfers are duly carried out, especially when they are on a voluntary basis. _________________ 22 OJ L 222, 5.9.2003, p. 3.
Amendment 306 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 312 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 352 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, on behalf of the European Union, which shall be the one which the criteria set out in Chapter III indicate is responsible.
Amendment 357 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining it. This provision shall not be applied in those cases in which the first Member State where the application for international protection was lodged is a benefitting State in accordance to Article 34.
Amendment 373 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b – introductory part
Article 3 – paragraph 3 – point b – introductory part
(b) examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following grounds apply applies as referred in Article 3 (3) - point b - point ii:
Amendment 421 #
2016/0133(COD)
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 196(6) of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present.
Amendment 452 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility to challenge a transfer decision within 710 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;
Amendment 479 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant, unless the applicant has absconded or the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 6.
Amendment 554 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, and if no Member State has accepted under Article 19 to examine the application becoming the Member State responsible, the Member State responsible shall be thate one where the unaccompanied minor first has lodged his or herminor is present after having lodged an application for international protection, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 586 #
Amendment 589 #
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, on behalf of the European Union, for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place.
Amendment 595 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 22(3), that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot be established — has been living for a continuous period of at least five months in a Member State before lodging the application for international protection, that Member State shall be responsible for examining the application for international protection. If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.
Amendment 728 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall provide for a period of 710 days after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 755 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Because of measures taken to counteract absconding, the cost of detention in certain Member States is very high. The European Union Agency for Asylum and the AMIF shall provide the financial aid and resources necessary to ensure effective detention without placing too heavy a burden on public funds.
Amendment 767 #
2016/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (e) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision . Especially when the transfer to the Member State responsible is carried out on a voluntary basis, the European Union Agency for Asylum shall play a key role in assuring that the applicant is effectively transferred.
Amendment 804 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The reference number of a Member State shall be determined by applying the key referred to in Article 35 to the total number of applications as well as the total number of resettled persons that have been entered by the respective Member States responsible in the automated system during the preceding 124 months.
Amendment 833 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 839 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)
Article 35 – paragraph 2 – point b b (new)
(bb) the percentage of expenditure linked to migration when compared to the overall GDP
Amendment 842 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b c (new)
Article 35 – paragraph 2 – point b c (new)
(bc) the number of beneficiaries of international protection who are present in the territory of the Member State
Amendment 1002 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the period which has elapsed since the entry into force of this Regulationlast 24 months.
Amendment 1003 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
By way of derogation from Article 35 the reference key for the corrective allocation shall be calculated using the formula in Annex Ia during the first three years following the entry into force of this Regulation.
Amendment 1015 #
Amendment 1017 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 2 b (new)
Annex I – paragraph 2 b (new)
Percentage of expenditure linked to migration when compared to the overall GDP effectMS
Amendment 1018 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 2 c (new)
Annex I – paragraph 2 c (new)
Number of beneficiaries of international protection present in the territory effectMS
Amendment 1019 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 3
Annex I – paragraph 3
ShareMS = 50% Population effectMS + 50% GDP effectMS + Unemployment rate effectMS + Percentage of expenditure linked to migration when compared to the overall GDP effectMS + Number of beneficiaries of international protection present in the territory effectMS
Amendment 1021 #
2016/0133(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Transitional arrangements for the calculation of the reference key in Article 35. 1. For the purpose of the corrective allocation mechanism, the reference number for each Member State shall, during a transitional period as defined in this Annex, be determined by a combination of a baseline key and the reference key referred to in Article 35. 2. The baseline reference key referred to in paragraph 1 shall be calculated by adding the lodged applications, using Eurostat figures, in Member States for the years 2011, 2012, 2013, 2014 and 2016, divided by the total amount of lodged applications within all Member States during that period. 3. The transitional reference key shall be calculated as follows a) from the entry into force until the end of the first calendar year following the entry into force ('year X') the transitional reference key should be the same as the baseline reference key b) in year X+1 the transitional reference key should be composed of 80% of the baseline reference key and 20% of the reference key in Article 35 of this regulation c) in year X+2 the transitional reference key should be composed of 50% of the baseline reference key and 50% of the reference key in Article 35 of this regulation 4. Following the expiration of the period mentioned in point (c) of paragraph 3 the reference key shall be calculated according to the provisions of Article 35.
Amendment 442 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. In order to gain real-time information on the implementation of the CEAS and in order to complement the data and information conveyed by the Member States, EASO shall have access to the meta-data of the relevant Justice and Home affairs data bases, such as Eurodac, VIS and the future Entry-Exit- System, in full compliance with Article 30.
Amendment 502 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point i
Article 16 – paragraph 3 – point i
(i) assist Member States in ensuring that all the necessary child rights and child protection safeguards are in place;effectively implemented respecting the best interest of the child:
Amendment 508 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Agency shall finance or co- finance the activities set out in paragraph 3 from its budget in accordance with the financial rules applicable to the Agency. The costs incurred by Member States within those activities shall be regarded as incurred in the name and for the account of the Agency.
Amendment 36 #
2016/0089(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) Under Article 4(2) of Decision (EU) 2015/1601, as of 26 September 2016, 54 000 applicants should be relocated from Italy and Greece in the proportions laid down in that Decision (i.e. 12 764 applicants from Italy and 41 236 from Greece) to the territory of other Member States unless by that date, pursuant to Article 4(3), the Commission makes a proposal to allocate them to another beneficiary Member States confronted with an emergency situation characterised by a sudden inflow of persons.
Amendment 37 #
2016/0089(NLE)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2a) The relocation programme is not proceeding satisfactorily. According to the Commission progress reports on the relocation mechanism, the numbers of persons actually relocated as at 13 May 2016 stood at 909 (out of a total of 63 302) from Greece and 591 (out of a total of 34 953) from Italy.
Amendment 44 #
2016/0089(NLE)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The agreement between the Union and Turkey has proved particularly effective and served largely to contain migration in the Aegean Sea region, this being the reason for the sharp fall in the number of arrivals in Greece. Precisely because of the success of the agreement, refugees might use new routes, in particular the central Mediterranean route to Italy, concerning which the UNHCR reports a 42.5% increase in migrants arriving via Libya compared with the corresponding period in 2015. The number of places required in order to relocate asylum-seekers in Italy is therefore likely to remain high.
Amendment 49 #
2016/0089(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) Resettlement, humanitarian admission, or other forms of legal admission from Turkey under national and multilateral schemes can be expected to relieve the migratory pressure on Member States which are beneficiaries of relocation under Decision (EU) 2015/1601, and on Greece in particular, by providing a legal and safe pathway to enter the Union and by discouraging irregular entries. Therefore, the solidarity efforts of Member States consisting in admitting to their territory Syrian nationals present in Turkey who are in clear need of international protection should be taken into account in relation to the 54 000 applicants for international protection referred to above. The number of persons so admitted from Turkey by a Member State should be deducted from the number of persons to be relocated to that Member State under Decision (EU) 2015/1601 in relation to those 54 000 applicantsonly to the 41 236 applicants who should have been relocated from Greece.
Amendment 69 #
2016/0089(NLE)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Council Decision (EU) 2015/1601
Article 4 – paragraph 3 a – subparagraph 1
Article 4 – paragraph 3 a – subparagraph 1
3a. In relation to the relocation of applicants referred to in point (c) of paragraph 1, but only of the quota for Greece, the admission by Member States to their territory of Syrian nationals present in Turkey under national or multilateral legal admission schemes for persons in clear need of international protection other than the resettlement scheme which was the subject of the Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015 shall lead to a corresponding reduction of the obligation of the respective Member State.
Amendment 9 #
2015/2353(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deems substantial additional financial resources at EU level to be necessary to address humanitarian challenges, develop a new Common European Asylum System, foster integrationstep up return operations, foster integration and respect for the law, for traditions and for European culture and prevent discrimination, racism and xenophobia;
Amendment 32 #
2015/2353(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Expects the migratory emergency to continue due to sustained political instability and conflict in many regions and the lack of legal means of access to the EU; considers that a genuine MFF revision is essential by the end of 2016 at the latest; requests an updated estimation of budgetary needs to respond to the challenges expected until the end of the MFF; calls for additional flexibility in the MFF and greater financial support for the Member States hardest hit by migration.
Amendment 59 #
2015/2353(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for redistribution of the money not used by cohesion Member States under the CEF, with priority being given to remote and island areas, and encourages calls for proposals, including on the subject of cross-border connections;
Amendment 67 #
2015/2353(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Points out that tourism is a key potential growth area of the European economy and a driver of a substantial amount of employment, in particular for young people; considers that appropriate budgetary funds should be allocated to developing a genuine European tourism policy and stepping up funding for EU tourism-related programmes.
Amendment 47 #
2015/2350(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the European Commission to finance better organized and more efficient projects for integrated transport services, allowing a progressive reduction of energy consumption; the reorganization of the timetables of the various public and private carriers of air, sea, land aimed at the intermodal and efficient management of passenger transport; the consolidation of tickets issued by public and private operators in a single pass and expendable journey through a digital application;
Amendment 57 #
2015/2350(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that of these external costs, energy distribution in port systems (quaysides and port terminals) and airport systems (terminals) is mainly based on the use of electricity from the grid, and that energy from the grid is only partially produced from renewable sources because of the difficulty in storing energy from photovoltaic systems;
Amendment 58 #
2015/2350(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Commission and the Member States to improve environmental standards with a view to reducing air pollution, along the lines of the Baltic Sea standards for sulphur emissions limits, fuel quality and morethrough continued efforts and coordination within the International Maritime Organisation with a view to reducing air pollution and increasing fuel- efficient enginescy;
Amendment 60 #
2015/2350(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to submit gradual measures to reduce the rate of pollution from ferries which use fossil fuels, to the extent of 50% in 10 years and 100% in 20 years, financing wholly or in part the conversion of the ferries' propulsion systems; to promote, through the port authorities, the development in the Mediterranean of a gas-based fuel distribution network, in order to encourage shipowners to use ferries with dual-fuel engines (diesel/gas);
Amendment 62 #
2015/2350(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the Commission in its promotion of non-fossil alternative fuels, electric, gas and hybrid systems based on renewable sources, and solar and wind energy for maritime vessels, and encourages it to tailor research and innovation with a particular focus on practicability for the WPT sector;
Amendment 64 #
2015/2350(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to encourage energy self-sufficiency through the use of solar panels to be placed on the buildings of port terminals and the storage of the energy produced during the day for subsequent use at night;
Amendment 77 #
2015/2350(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 85 #
2015/2350(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to promote, within the Member States, the adoption of tax-deductible instruments for any action shipowners take to improve safety and security mechanisms and staff training;
Amendment 86 #
2015/2350(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Welcomes the Commission's new legislative proposals to simplify and improve the common rules on safety of ships carrying passengers in EU waters in view to enhance safety and competition and by making the rules clearer, simpler and up-to-date with legal and technological developments;
Amendment 116 #
2015/2350(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 75 #
2015/2348(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that while the comprehensive network is mainly a responsibility of the Member States, both layers are crucial to EU logistics, bringing capillarity to the core network, feeding the corridors with traffic, and performing last- mile distribution; takes the view that secondary networks should not be left outside the European purview, including in terms of financing and regulatory measures, in particular those pertaining to access to the network, slot allocation and charges; believes that, in view of what is happening with regard to immigration in the Mediterranean basin, and given the changed socio-economic context of the EU and the effects of Brexit, it would be advisable to assess the value of including some ports and airports, initially viewed as secondary, within the main TEN-T corridors as the ‘Mediterranean corridor’, as they are key for transporting freight to and from the main hubs of North Africa;
Amendment 83 #
2015/2348(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the distribution of a large number of nodes and freight traffic in the TEN-T network follows highly populated areas and dense networks that share capacity with passenger traffic; considers it necessary to rethink how freight infrastructure should be shaped in the TEN-T, in particular in highly congested areas; calls on the Commission to reassess the methodology for establishing freight networks and to pay increased attention to alternative freight routes linking less congested nodes, terminals and port, airports and ports, with particular emphasis on those in the current secondary networks;
Amendment 92 #
2015/2348(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that too often Member States’ national infrastructure plans are decided without reference to the TEN-T objectives; urges the Commission to increase coordination between the two levels of planning and suggests adding to the European Semester a chapter on supervising its coherence with appropriate corrective measures; calls on the Commission not to prioritise Member State projects that are not in line with the TEN-T programming and to examine, together with Member States, the possibility of including in the TEN-T corridors those nodes, terminals, ports and airports which were originally defined as secondary and which now, as a result of the changed socio-economic context and the effects of Brexit, should be considered to be strategic for the EU and, therefore, eligible for funding through the European instruments, such as the EIB funds;
Amendment 143 #
2015/2348(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the need to ensure enough EU funding for the TEN-T beyond the present MFF; expects the Commission to present the CEF mid-term review in 2017, proposing streamlining of measures; insists on the ‘use it or lose it’ principle, whereby unspent CEF funds are made available for upcoming calls for proposals; suggests launching a specific call on logistics in 2017, including multimodal transport and freight solutions in urban nodes, prioritising, partly through the leverage of financing and/or co- financing, those projects that form part of the framework of integrated intermodal platforms for freight transport, and that stand out through their modern planning, looking to investments in digitisation, incorporation of European standards and energy efficiency through the use of alternative sources of energy;
Amendment 18 #
2015/2347(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas some geographical areas covered by EUSALP have major social and economic problems because of their marginal position in relation to the Scandinavian-Mediterranean corridor, in the stretch running alongside the Brenner motorway;
Amendment 26 #
2015/2347(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need, as a matter of priority and in order to rebalance European transport competition, to establish a new European corridor that links the Venice port hub directly with north-eastern Europe, by strengthening the current TEN-T;
Amendment 73 #
2015/2347(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers it a matter of priority for the socio-economic development of the eastern part of EUSALP to complete the Italian A27 motorway, with an exit in Austria, and to improve the Italian and Austrian road network in this geographical area, by means of appropriate ancillary works;
Amendment 3 #
2015/2342(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. whereas the humanitarian crisis affecting more than 65.3 million ‘displaced’ persons1 means that the distinction between people in need of international protection and migrants is becoming increasingly difficult to draw; whereas, however, that distinction needs to be made so that those entitled to international protection may be shown genuine solidarity and those who are not may be repatriated; _________________ 1 1 http://www.unhcr.org/news/latest/2016/6/5 763b65a4/global-forced-displacement-hits- record-high.html
Amendment 36 #
2015/2342(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Voices its support for the Emergency Trust Fund for Africa and the new Migration Partnership Framework with a view to promoting the development of African countries and tackling the root causes of emigration;
Amendment 51 #
2015/2342(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, in the context of EU external action, to negotiate new readmission agreements, in particular with African countries;
Amendment 67 #
2015/2342(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to work together with Member States to promote campaigns in countries of origin and transit to raise awareness of the risks surrounding child migration and the risk of exploitation by organised criminal groups;
Amendment 74 #
2015/2342(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 109 #
2015/2342(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 129 #
2015/2342(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that the EU is the world's most generous humanitarian and development assistance donor and that it should make the disbursement of its own monies for international cooperation projects for developing countries conditional on full and genuine cooperation by those countries in efforts to control outward migration and repatriate migrants who are denied political asylum or other forms of international protection;
Amendment 141 #
2015/2342(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the EU to provide support for the training of authorities responsible for border controls in neighbouring third countries, in particular those through which the main migrant flows pass on their way to Europe;
Amendment 143 #
2015/2342(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the EU to help improve conditions in the refugee camps in Jordan and Lebanon, which are currently home to more than 1 800 000 refugees;
Amendment 18 #
2015/2324(INI)
Draft opinion
Recital C
Recital C
C. whereas financial resources should mainly be invested in the core network corridors, the development of local connectivity, in promoting small town centres, and facilitating the accessibility of work and tourist facilities and ensuring essential health serviceis essential for the future development of the alpine regions;
Amendment 86 #
2015/2324(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that revenues from tolls and special tolls from the alpine regions for transport projects in the alpine regions should be earmarked. Firstly for the development of the TEN -T alpine corridors, secondly, for the regional access routes and, thirdly, for the local routes;
Amendment 89 #
2015/2324(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Determines that regional airports are of great importance for accessibility and for the economic development of regions, therefore a connection to the national railway network in terms of environmental compatibility is crucial;
Amendment 90 #
2015/2324(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Requests a sufficient amount of rail- road terminals along the corridor in order to promote the goal of shifting freight traffic from road to rail;
Amendment 174 #
2015/2321(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the fact that labour market conditions within host countries are a determining factor for the successful and durable integration of refugees; stresses that unemployment in the EU, in particular youth unemployment, is still at alarming levels, and that the Commission and the Member States should continue to prioritise policies and investments aimed at quality job creation and economic growth, primarily for the benefit of EU citizens;
Amendment 189 #
2015/2321(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for an early, fair, and transparent and free-of-charge assessment of refugees and asylum seekers’ formal and non-formal skills, as well as recognition of their qualifications, in order to develop tailored measures allowing them to make full use of their potential, and to match labour supply and demand in the host countries;
Amendment 214 #
2015/2321(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 50 #
2015/2320(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that in order to ensure better conditions for job creation for the SME sector Member States must address the following problems, which are unequally present in different regions: skills scarcity and brain drain; regulatory burdens and regulatory uncertainty; the shadow economy; infiltration of the public sector by organised crime and corruption; and the de facto privileged position of multinational corporations (MNCs);
Amendment 142 #
2015/2320(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that the artificial academisation of specific professions is not helpful if one wishes to tackle the problem of skills scarcities in SMEs; believes that vocational training, the link between schools and businesses, and especially dual systems operated in cooperation with SMEs, should be given more public support;
Amendment 114 #
2015/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for a reform of the penal code, and in particular for the repeal of Article 230, which penalises homosexual practices and is contrary to the constitutional principles of non- discrimination and the protection of privacy, as well as amendments to Law No 92-52 on Narcotics, which propose disproportionate sentences for drug offences, to align it to international standards for the consumption of soft drugs;.
Amendment 173 #
2015/2273(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the strategic importance of the agricultural sector in Tunisia and welcomes in this regard the measures foreseen in the 2016 Tunisian budget, including the cancellation of debts for farmers, and the launch of a national consultation on the agricultural sector; considers it essential for this national consultation to involve civil society and the broadest possible number of actors, including small farmers from the south of the country as well as young farmers; believes that the agricultural sector requires a deep reform and a series of urgent practical measures, such as developing the capacities of desalination plants to tackle the water deficit issue and other emerging problems owing to climate change; calls on the Tunisian authorities to ban the use of any pesticide that is already banned in the EU.
Amendment 267 #
2015/2273(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls for a strengthened partnership in the creative, cultural and audiovisual sectors through the strengthening of networks as well as through initiatives for an increased intercultural dialogue, the highlighting of common historical and archaeological heritage from the Roman era, the mobility of players, the promotion and circulation of cultural and audiovisual content, including through festivals and exhibitions; encourages Tunisia to participate in the Creative Europe Programme;
Amendment 20 #
2015/2258(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the EU institutions to take a particular focus on the rights of children with disabilities and the needs of their families, assess current EU compatibility with the UN Convention on the Rights of the Child and work to remove all obstacles faced by children with disabilities in their day-to-day lives by offering their families proper support, including through the provision of grants and specific services;
Amendment 63 #
2015/2258(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Asks the relevant authorities in the Member States to facilitate transport staff’s training in awareness and disability equality and to encourage collaboration and the exchange of good practice among European organisations working in the disability field and public and private bodies responsible for transport.
Amendment 10 #
2015/2254(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 51 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 55 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 61 #
2015/2254(INL)
Motion for a resolution
Citation 21
Citation 21
Amendment 69 #
2015/2254(INL)
Motion for a resolution
Citation 22
Citation 22
Amendment 95 #
2015/2254(INL)
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 99 #
2015/2254(INL)
Motion for a resolution
Recital D
Recital D
D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, and a key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Unionthe monetary union and the common area of freedom, security and justice;
Amendment 107 #
2015/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a resulshould be the basis for political decisions, independent of different political majorities; and resist temporary changes
Amendment 114 #
2015/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the definition of core values and principles, based on a shared historical, cultural and spiritual heritage, is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majorities;
Amendment 146 #
2015/2254(INL)
Motion for a resolution
Recital I
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlightestimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework wouldmight result in cost savings of € 70 billion annually;
Amendment 160 #
2015/2254(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate countryies need to meet the required standards results in a delay offor the accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;
Amendment 172 #
2015/2254(INL)
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and w; Whereas all Member Statesn analysis and verification of the Member States' compliance with those criteria should therefore be assessprovided on a regular basis in order to verify their continued compliance with the Union's common values;.
Amendment 181 #
2015/2254(INL)
Motion for a resolution
Recital L
Recital L
L. whereas there are few existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;
Amendment 183 #
2015/2254(INL)
Motion for a resolution
Recital M
Recital M
M. whereas the Court of Justice of the European Union (CJEU) has recently issued various rulingsrulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;
Amendment 198 #
2015/2254(INL)
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadeq; whereas the existing instruments should be applied and enforced and, if necessary, evaluated and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countriescomplemented in the framework of a rule of law mechanism to be adequate and effective;
Amendment 209 #
2015/2254(INL)
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliancerecent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;
Amendment 218 #
2015/2254(INL)
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRFcases of breaches of the rule of law, the Union and itsthe Member States shave a duty toll protect the rights of the residents of that Member Stateintegrity and application of the Treaties;
Amendment 239 #
2015/2254(INL)
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 265 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 276 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union; with respect to the principles of subsidiarity, necessity and proportionality;
Amendment 286 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;
Amendment 288 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the establishment of an inter-parliamentary debate in order to sort out as much as possible misunderstandings, maladministration and incorrect implementation via a structured dialogue;
Amendment 299 #
2015/2254(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Invites the European Ombudsman to issue, as part of its annual report, specific recommendations to the institutions of the Union in the field of DRF;Commission to analyse recommendations of the European Ombudsman to the institutions of the Union and the Member States in the field of fundamental rights and rule of law.
Amendment 305 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 319 #
2015/2254(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens'fundamental rights, to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Unionhe rule of law and the possibility to enforce those rights;
Amendment 324 #
2015/2254(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 338 #
2015/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
Amendment 348 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – introductory part
Paragraph 9 – introductory part
9. Considers, furthermore, that any future Treaty revision should include the following changes:if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;
Amendment 351 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Amendment 358 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 361 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 364 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
Amendment 372 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 379 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
Amendment 385 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear;
Amendment 386 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;
Amendment 390 #
2015/2254(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
Amendment 398 #
2015/2254(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and willcould thus be beneficial both in economic and social terms;
Amendment 23 #
2015/2155(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the Court of Auditors report adopted on 11.07.2014 states that the potential saving for the EU budget would be about 114 million EUR per year if the European Parliament centralised its activities; reiterates the call on Parliament and the Council to address, in order to create long term savings, the need for a roadmap to a single seat, as stated by Parliament in several previous resolutions;
Amendment 98 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by a large majority in this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 43 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to accelerate the full and correct enforcement of Directive 2011/36/EU on preventing and combating trafficking in Human beings and protecting its victims;
Amendment 44 #
2015/2118(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States to combat impunity, criminalise trafficking and ensure that perpetrators are brought to justice and that sanctions are strengthened; calls on Member States to improve collection of evidence and to increase police and judiciary cooperation to combat trafficking including with Europol and Eurojust.
Amendment 56 #
2015/2118(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to strengthen cooperation in order to track and confiscate assets of traffickers; calls on Member States to use all existing tools available more efficiently such as mutual recognition of Court judgements, joint investigation teams and the European investigation order;
Amendment 80 #
2015/2118(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that according to Europol about 10.000 unaccompanied children have disappeared after their arrival in the EU in 2015 and that they could be victims of trafficking and exposed to all sort of exploitation and abuse; calls on the Member States to fully implement the asylum package and register children upon their arrival in order to ensure their inclusion in the Child protection systems; calls on the Member States to increase information sharing in order to better protect migrant children in Europe;
Amendment 105 #
2015/2118(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that training of practitioners and officials is crucial to early identify potential victims and prevent crime; calls therefore on the Member States to fully apply art 18. 3 of the Directive 2011/36/EU and to share best practices;
Amendment 111 #
2015/2118(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that migrants are particularly vulnerable to trafficking, especially children; calls on Member States to increase cooperation, including in the hotspots, to identify potential victims and to use all means, including military operations, to combat traffickers and smugglers;
Amendment 38 #
2015/2110(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for Member States to invest more heavily in the culture of legality, particularly by promoting specific actions at schools;
Amendment 126 #
2015/2110(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that the EU and its Member States should implement properly and strengthen EU measures concerning the tracing, freezing and confiscation of proceeds of crime, the management of frozen and confiscated property and its re- use for social purposes and as a form of compensation for members of the families of victims of murders committed by criminal organisations and for businesspeople adversely affected by loan sharking and racketeering;
Amendment 37 #
2015/2095(INI)
Motion for a resolution
Citation 43 a (new)
Citation 43 a (new)
- having regard to the study for the Committee on Women's Rights and Gender Equality entitled "Reception of Female Refugees and Asylum Seekers in the EU" detailing the risks female refugees undergo,
Amendment 93 #
2015/2095(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, on 4 February 2016, only 279 of the 39 600 asylum seekers awaiting reassignment from Italian reception facilities to other Member States had actually been relocated, while in the case of Greece 266 out of the 66 400 projected relocations had actually taken place;
Amendment 105 #
2015/2095(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas women are at especial risk of exploitation and sexual exploitation at all stages of the migrant's journey; whereas migrant women are especially likely to be involved in child, early, and forced marriages;
Amendment 217 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action on migration is based; notes that the principle of solidarity, as set out in Article 80 TFEU, covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity, including its financial aspect, in those areas;
Amendment 279 #
2015/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for the European Union's relevant Institutions and bodies to ensure proper protection to migrant women from sexual exploitation and to provide services and proper health care for cases of pregnancy and FGM;
Amendment 286 #
2015/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures coordinated between the relevant agencies aimed at disrupting the activities of criminal networks involved in the trafficking and smuggling of people;
Amendment 313 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspect of any holistic approach to migration and rReiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 343 #
2015/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that cooperation and sharing of information between national authorities and JHA agencies are necessary for an effective fight against human trafficking and smuggling; to this purpose, stresses the importance of the Joint Operational Team MARE established at Europol;
Amendment 389 #
2015/2095(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers it appropriate therefore to extend relocation arrangements to all nationalities following the relocation of all those belonging to nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months;
Amendment 477 #
2015/2095(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Believes that the permanent Union- wide resettlement programme should aim at guaranteeing a homogeneous distribution, in the host country, of men and women who are refugees or in need of international protection; underlines that resettlement programmes should be mainly addressed to vulnerable people;
Amendment 507 #
2015/2095(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Observes that vulnerable people should benefit from humanitarian visas with priority;
Amendment 638 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; emphasises that integration is a two-way process and that respect for the values upon which the EU is built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 676 #
2015/2095(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Believes that access to the labour market of Member States should be immediately denied to refugees or applicants for international protection who committed crimes;
Amendment 722 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Calls for, through relevant EU agencies, the coordination between Member States of family records in order to facilitate, where possible, family reunification, especially if members of a single family are separated in different Member States;
Amendment 758 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system, also by concluding new readmission agreements, in particular with African countries, that should be added to the 17 agreements already drawn up by the EU;
Amendment 769 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them, taking into account the rights and needs of women, children, religious and ethnic minorities; reiterates, in that regard, that voluntary return should be prioritised over forced returns;
Amendment 778 #
2015/2095(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Believes that a quick adoption of the Regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals, in the framework of structured readmission agreements with third countries, would help to make the return of irregular migrants lacking valid travel documents more effective;
Amendment 789 #
2015/2095(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Suggests to Member States to work on measures which make repatriation of migrants authors of criminal matters easier; underlines that such measures should abide by international law;
Amendment 947 #
2015/2095(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls forUrges the hotspots to be set up as soon as possible in order to give concrete operational assistance to those Member States;
Amendment 963 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants as well as the needs of pregnant women and children; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 1039 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. The Union should make the allocation of economic resources for international cooperation projects to assist developing countries conditional upon the full and effective cooperation of those countries with regard to the control of outgoing migration flows and the return of migrants who are denied political asylum or other forms of international protection;
Amendment 1096 #
2015/2095(INI)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92a. Calls on the European Council to consider military intervention in Libya and Syria, under the auspices of the United Nations, with the aim of combating ISIS and human traffickers in order to stem outgoing migration flows;
Amendment 1156 #
2015/2095(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Notes that, prior to the increased migratory flows into the Union in 2015, according to an OECD and Commission study of 2014, the working-age population (15-64) in the Union will decline by 7.5 million between 2013 and 2020, and that if net migration were to be excluded from their projections, the decline would be even more pronounced, as it would amount to a reduction of the working age population by 11.7 million; calls on the Commission, therefore, to submit to the Member States a set of measures with a view to boosting the birth rate, in order to avoid having to resort to workers from third countries because of the decline of the European population;
Amendment 1181 #
2015/2095(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
Amendment 163 #
2015/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages Member States to adopt non-custodial measures as an alternative to detention and calls on them to ensure that, in addition to the punitive aspect of imprisonment, attention is also devoted to more educational and social aspects, in order to enable punishment to be managed better, make a success of social reintegration and reduce recidivism; draws attention in this connection to the good practices which exist in the Scandinavian countries; with a view to promoting reintegration and contact with the external social and economic world, considers it beneficial to promote community service work by prisoners;
Amendment 37 #
2015/2012(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that in order to create substantial savings the need for a road map to a single seat of the Parliament must be addressed;
Amendment 22 #
2015/2005(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas transport infrastructure investments have a positive impact on economic growth, create wealth and jobs, and enhance trade;
Amendment 483 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 4 a (new)
Paragraph 26 – indent 4 a (new)
- the implementation of Directive 2011/76 on road charging must require the earmarking of the revenues to road transport projects, with the aim to meet the objectives of safety and security as well as of greening road transport,
Amendment 510 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 6 a (new)
Paragraph 26 – indent 6 a (new)
- a specific status and provisions for high mobile workers; indeed, the road haulage sector has to be regarded as a specific sector taking into account its high mobility; compared to other groups of mobile workers, lorry drivers are the only ones who can cross the territory of several Member States in one day;
Amendment 115 #
2015/0310(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The external borders of the European Union are subject to major pressures, such as an unprecedented migratory flow, a growing terrorist threat and an increase in the number of regular travellers. Effective management of those pressures calls for coordinated action at EU level as part of a long-term strategy.
Amendment 132 #
2015/0310(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Significant secondary movements by asylum seekers and irregular migrants who have not been appropriately registered by national border authorities have prompted several Member States to decide to restore internal border controls. External border controls therefore need to be provided and strengthened.
Amendment 149 #
2015/0310(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The attacks in Paris and Brussels have demonstrated that irregular migratory flows can be used by terrorists to enter EU territory; this shows there is a close link between the vulnerability of external borders and increased threats to internal security.
Amendment 196 #
2015/0310(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) National border control authorities are not sufficiently equipped and trained to deal with the public order operations that are often necessary when a large number of migrants crosses borders.
Amendment 214 #
2015/0310(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents and the promotion of the European travel document for the return of third-country nationals who are illegally staying in the European Union. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.
Amendment 216 #
2015/0310(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries. The Agency should draw up an annual report in which it assesses the quality and effectiveness of cooperation between Member States and third countries in relation to returns and to the monitoring of shared borders.
Amendment 357 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) carry out a vulnerability assessment including the assessment of the organisational capacityies of Member States toin faceing threats and pressures at the external borders; this includes the excessive pressures deriving from migratory flows and consequent threats to the security of Member States;
Amendment 565 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at the external borders resulting from irregular immigration orimpending difficulties, including irregular migration, real or presumed threats at the external borders and cross-border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.
Amendment 797 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The Agency shall finance or co- finance return interventions with grants to the Member States from its budget in accordance with the financial rules applicable to the Agency.
Amendment 864 #
2015/0310(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Agency may acquire technical equipment, such as fingerprintingcutting-edge technical equipment, by decision of the Executive Director in consultation with the Management Board. Any acquisition or leasing of equipment entailing significant costs to the Agency shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency’s budget as adopted by the Management Board.
Amendment 1169 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By threone years from the date of entry into force of this Regulation, and every threewo years thereafter, the Commission shall carry out an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.
Amendment 24 #
2015/0306(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry into, stay on or residence in the Member Statesterritory of the Union, in full respect of fundamental rights, in particular of the principle of non- refoulement, and in compliance with the provisions of Directive 2008/115/EC9 , is an essential part of the comprehensive efforts to ensure the credibility and proper functioning of the Union migration policies and to reduce and deter irregular migration. _________________ 9 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 33 #
2015/0306(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) National authorities of the Member States experience difficulties in returning illegally staying third-country nationals who possess nose stay on the territory of the Union is illegal and who lack valid travel documents.
Amendment 37 #
2015/0306(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third- country nationthird-country nationals whose stay on the territory of the Union is illegals is essential for increasing rates of return, which are unsatisfactory.
Amendment 47 #
2015/0306(COD)
(6a) The negotiation of new Union readmission agreements, which should take precedence over bilateral agreements between Member States and third countries, would guarantee a more effective implementation of this Regulation, within the framework of a more coherent return policy.
Amendment 57 #
2015/0306(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should systematically issue return decisions in compliance with Directive 2008/115/EC of the European Parliament and of the Council with the support provided by the Union in terms of adequate resources, including funding and staff.
Amendment 58 #
2015/0306(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The circumstances in which Member States should consider issuing a European travel document for return include cases in which a document that is not valid or is no longer valid for travelling, a civil registry certificate, another official document, or a copy thereof, proves the nationality of the illegally staying third-country national subject to a return decision. Examples of such documents are expired passport, identity card or third-country laissez passer; military or maritime identity card, driving licence; nationality, birth, marriage certificates; extract from the Visa Information System. Member States could also consider issuing such document when the third-country national, whose nationality has been confirmed by the competent authorities of a third country, has not received a valid travel document within a reasonable deadline. In order for the European travel document for return to be effective, however, returns should be carried out rapidly, so that the persons subject to a return decision do not abscond.
Amendment 60 #
2015/0306(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The current migration crisis is characterised by the arrival of a large number of unaccompanied minors.
Amendment 71 #
2015/0306(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the format and the technical specifications of a European travel document for the return of third- country nationals whose stay on the territory of the Union is illegal.
Amendment 74 #
2015/0306(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) 'Union readmission agreements' means agreements which are based on reciprocal obligations and are concluded between the Union and third countries to facilitate the return of persons residing irregularly on the territory of the Union, in accordance with Article 79 (3) TFEU.
Amendment 75 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The format of the European travel document for return shall correspond to the model set in the Annex. It shall contain the following information of the third-country national illegally staying on the territory of the Union:
Amendment 93 #
2015/0306(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Best interests of the child In accordance with the 1989 United Nations Convention on the Rights of the Child and Article 10 of Directive 2008/115 EC of the European Parliament and of the Council, the 'best interests of the child' shall be a primary consideration of Members States when implementing this Regulation.
Amendment 137 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall make the pursuit of the activity of dealer or broker within their territory conditional upon authorisation on the basis of at least a check of the privateersonal and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 141 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
This filing system shall record each firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplierperson disposing of the firearm and the person acquiring or possessing ithe firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 144 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Throughout their period of activity, dealers and brokers shall be required to maintain a register in which all firearms subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the persons supplyingdisposing of and acquiring it.
Amendment 150 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 2
Article 4b – paragraph 2
2. The system referred to in paragraph 1 shall include at least a check of the privateersonal and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 2 #
Amendment 134 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructure, including in the areas of transport, in particularly in industrial centres for the priorities as defined in Regulation (EU) 1315/2013 (TEN-T Guidelines); transport investments should represent at least 33% of the total investments under EFSI; energy, in particular energy interconnections; and digital infrastructure;
Amendment 165 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) payments from the general budget of the Union, originating from, in order of priority, decommitments from the 2007- 2013 financial period, unused contingency margin, yearly surplus.
Amendment 198 #
2015/0009(COD)
Proposal for a regulation
Article 19
Article 19
Amendment to Regulation (EU) No In Article 5 of Regulation (EU) No 1316/2013, paragraph 1 is replaced by the following: ‘ 1. The financial envelope for the implementation of the CEF for the period 2014 to 2020 is set at EUR 29 942 259 000 (*) in current prices. That amount shall be distributed as follows: (a) transport sector: EUR 23 550 582 000, of which EUR 11 305 500 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation exclusively in Member States eligible for funding from the Cohesion Fund; (b) telecommunications sector: EUR 1 041 602 000; (c) energy sector: EUR 5 350 075 000. These amounts are without prejudice to the application of the flexibility mechanism provided for under Council Regulation (EU, Euratom) No 1311/2013(*). (*) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20 (OJ L 347, 20.12.2013, p. 884). ’rticle 19 deleted 1316/2013
Amendment 891 #
2014/2248(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Reiterates its commitment to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;
Amendment 901 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a single seat for the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the seats of all the other EU institutions, agencies and bodies be determined by Parliament and the Council on a proposal by the European executive, acting in accordance with a special legislative procedure;
Amendment 91 #
2014/2242(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that land use planning is the most important phase for creating smooth and safe transportation networks that are long-lasting and that have real impact on traffic volumes and traffic distribution;
Amendment 109 #
2014/2242(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the development of innovative forms of mobility and intelligent transport solutions; supports forming of regulatory framework that enables the use of new forms of mobility and new sharing models making better utilisation of existing resources;
Amendment 410 #
2014/2242(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for making the necessary infrastructure investments to ensure the efficient use of the urban road infrastructure, e.g. provide for sale and legal parking spaces for delivery activities;
Amendment 421 #
2014/2242(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the ‘use of revenues' principle with regard to road charging, and requests that 50 % of Eurovignette revenue be dedicated to improving urban mobility and that 75 %a considerable amount of urban tolls be used for developing and maintaining urban transport infrastructure;
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 53 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman’s recommendations's 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 57 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. SupportNotes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;
Amendment 63 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, Frontex is in need of might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 81 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; rRecalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 102 #
2014/2215(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem, especially the most vulnerable people, such as minors and pregnant women, and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement;
Amendment 106 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaintsncrete and founded complaints which are based on a direct violation of concrete of the fundamental rights violationas protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 119 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submitinitiate a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 139 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer should, in close cooperation with the relevant Frontex operational team, contribute to investigations by national authorities by providing further information on the incident if necessaryfound to be necessary by the responsible Member State;
Amendment 140 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational teamdivision, contribute to investigations by national authorities by providing further information on the incident if necessary;
Amendment 142 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 145 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justificationFrontex should be provided to the complainant should no follow-up procedure be initiated by Frontexwith the contact details of the responsible national authority;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 75 #
2014/2149(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Supports the creation of initiatives that valorise Europe’s common heritage, facilitate travel to all sites, particularly those which are more remote, by means of efficient and appropriate means of transport which are competitive against one another and accessible to all, increase visibility of cultural sites and have a particular impact at local and regional level, such as the European cycle routes, sea routes or pilgrimage routes, the European Capitals of Culture, the Europa Nostra network, the ‘Natura 2000’ network, the European Heritage Label, the European Heritage Days and the European Union Prize for Cultural Heritage;
Amendment 5 #
2014/2078(DEC)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Court of Auditors Report adopted on 11.07.2014 states that the potential saving for the EU Budget would be about 114 million euro a year if the European Parliament centralised its activities;
Amendment 48 #
2014/2078(DEC)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33c. Stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as stated by the Parliament in several previous resolutions;
Amendment 108 #
2013/0157(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Ports can contribute to the long term competitiveness of European industries in world markets while adding value and jobs in all EU coastal regions. In order to address the challenges facing the maritime transport sector, such as the inefficiencies in the sustainable transport and logistics chain, it is essential that the actions set out in the Commission communication entitled 'Ports: an engine for growth' be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays in ports, represents a major obstacle to the competitiveness of short-sea shipping and the efficiency of Union ports.
Amendment 118 #
2013/0157(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should only apply to the seaports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. However, this Regulation should give Member States the possibility to decide whether to apply or not this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions. Member States may also introduce derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans-European transport network whose annual traffic does not justify the full application of this Regulation. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 146 #
2013/0157(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Due to the significant variations in the size of ports, the economic capacity and the amount of space available for operations on the water also need to be taken into account when limiting the number of providers of port services. Moreover, it should be possible to limit access to the market so as to ensure safe, secure or environmentally sustainable port operations.
Amendment 198 #
2013/0157(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulationand the charges applied by providers, which are not exposed to effective competition, entail a higher risk of price abuse. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant marketlevied are not disproportionate to the economic value of the services provided and are set in a transparent and non- discriminatory way.
Amendment 275 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
2. ‘cargo handling services’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import, export or transit of the cargo, including the processing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding, unless otherwise determined by Member State, warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 305 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 12
Article 2 – point 12
12. ‘port service contract’ means a formal and legally binding agreement between a provider of port service and a competent authority whereby this body designates a provider of port service to providcontract or any other act of equivalent effect between a provider of port service and the managing bod of the port or a competent authority; having as its subject-matter the provision of one or more port services following a procedure to limit the number ofas defined in Article 1(2), without prejudice to the form of designating providers of port services;.
Amendment 340 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. TWithout prejudice to the possibility of imposing public service obligations according to Article 8, the managing body of the port or the competent authority may require that providers of port services comply with minimum requirements to perform the corresponding port services.
Amendment 350 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the availability of the port service to all users;
Amendment 355 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(d b) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 370 #
2013/0157(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within onea reasonable time, and in any events not exceeding four months from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 395 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the absence of limitation of the number of service providers leads to a financial compensation for the public service obligations which is excessively high for the managing body of the port or the competent authority, or for the port users;
Amendment 418 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When a managing body of a port or a competent authority provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State may entrust the adoption of the decision limitingshall take necessary measures to avoid conflicts of interest. In the absence of such measures, the number of providers of port serviceshall not be less to han authority which is independent from the managing body of the port. If the Member State does not entrust the adoption of the decision limiting the number of providers of port services to such an authority, the number of providers shall not be less than twotwo, unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider.
Amendment 516 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port mayight require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 548 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself, it shall keep the accounts of each port service activity or investment separate from the accounts of its other activities, in such a way that :
Amendment 553 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) all costs and revenues are correctly assigned or allocated for every single service provided on the basis of consistently applied and objectively justifiable cost accounting principles; and
Amendment 572 #
2013/0157(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The cCharges for the services provided by an internal operator as, referred to in Article 9, and the charges levied by providers of port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatory, shall be set in a transparent and non-discriminatory way. These charges shall reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provideds are set in a transparent and non- discriminatory way.
Amendment 580 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The managing body of the port shall levyMember State shall ensure that a port infrastructure charge is levied. This shall not prevent providers of port services which are using port infrastructures from levying port service charges.
Amendment 585 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the structure and the level of port infrastructure charges shall be deftermined in an autonomous way by the managing body of the port according to its ownaccording to national ports policy and/or the individual port’s commercial strategy and investment plan reflecting competitive conditions of theand comply with competition reulevant market and in accordance with State aid rus, where applicables.
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 113 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers and non-carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non-carrier economic operators.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 139 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (’pull’) a copy of the required data, and the ‘push’ method, under which air carriers and non-carrier economic operators transfer (’push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non-carrier economic operators.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.