2816 Amendments of Caterina CHINNICI
Amendment 116 #
2023/2811(RSP)
Paragraph 9 a (new)
9a. Highlights the role of the European Parliament in calling for an efficient European Child Guarantee and its efforts in guaranteeing swift implementation as well as resilience of the European Child Guarantee to the new crises; in the light of complex and far- reaching economic and social consequences of these crises, believes that a permanent horizontal body in the European Parliament should advise to all the relevant parliamentary committees also on mainstreaming the objectives of the European Child Guarantee in their work and all children’s rights in the European legislation;
Amendment 6 #
2023/2183(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RegretNotes however that according to the Court’s report the DG INTPA’s KPI on reducing old pre-financing does not take into consideration the number of years for which each pre-financing transaction has remained open, therefore the Court considers that achievement of this KPI did not reflect the difficulties it had encountered in clearing older pre-financing transactions, some of which had been open for up to 12 years; notes the Commission’s reply that as to the ageing of open invoices and pre-financings that have remained uncleared for up to 12 years, the majority of these old pre-financings are linked to litigation cases, and that; calls on the Commission has already put in place annual controls and is using a Portfolio Dashboard allowing staff to monito continue to report to the European Parliament on these litigation cases, as already done subsequent tor these European transactions, which was updated in October 2023; calls on the Commission to provide a detailed report to the European Parliament and the Court specifically addressing these litigation cases, including an explanation concerning their origParliament’s recommendation n° 2015/PAR/04631a; notes furthermore that, in order to reduce the old pre-financing and to address the ageing of invoices, the Commission has already put in place annual controls, with 93% of the EDF payments made in due time in 2022, is using a Portfolio Management Dashboard (updated in October 2023) allowing staff to monitor the ageing of pre-financinsg and context, as well as a plan how to reduce and minimise litigation cases in the future; regrets that the Court did not probe the litigation cases and calls upon the Court to do so in its next audit report; to follow up on long overdue invoices, and is taking additional actions, including ad hoc campaigns, seminars and guidelines; _________________ 1a https://www.europarl.europa.eu/cmsdata/ 129482/2017-10-10- Draft%20EP%20Detailed%20replies%20 FINAL.PDF
Amendment 8 #
2023/2183(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the budget of the 9th EDF (2000-2007) was only EUR 13.8 billion, and that the10th EDF (2008-2013) nearly doubled to EUR 22.7 billion, and that the 11th EDF provides a staggeringhigh amount of EUR 30.5 billion, of which EUR 29.1 billion has been allocated to the ACP countries and EUR 0.4 billion to the OCTs, with EUR 1 billion for administrative costs;
Amendment 9 #
2023/2183(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes note of the Commission’s announcement to close the 8th EDF made in October 2021; points out that, in the annual accounts of the EDF for the financial year 2022, the Commission indicated that all 8th EDF activities had been completed and that all contracts and financial decisions had been closed in the EDF accounts and the remaining open recovery orders had been transferred to the 9th EDF; notes, however, that financial information on the 8th EDF still appeared in the accounts, and some 8th EDF balances were still open in 2022; regretnotes that the full accountingoperational closure of the 8th EDF therefore did not take place in a timely mannook place as foreseen in 2021 and that the full accounting closure of the 8th EDF is pending due to ongoing recovery orders;
Amendment 10 #
2023/2183(DEC)
16. Reiterates its concern over the many possible reasons for the succession of adverse opinions of the Court on the legality and regularity of expenditure due to the fact that the expenditure accepted in the accounts for the year ended 31 December 2022 is materially affected by error; notes at the same time that the context in which the implementation of the EDF takes place is risky, complex and fast-evolving, with a remarkable diversity in terms of geographical dispersion, implementing entities and partner countries and of assistance delivery methods;
Amendment 11 #
2023/2183(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Notes the Commission’s reply that a single EU Delegation accounted for approximately 30% of the total error and that without such Delegation the level of error would have been approximately 4,7% instead of 7,1%; notes the actions taken by the Commission to address the weaknesses identified in this Delegation and to avoid similar problems in other Delegations;
Amendment 12 #
2023/2183(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes with concern that by typology of errors the estimated level of errors in the financial year 2022 related to expenditure not incurred was 51 % (14,9% in 2021), to ineligible expenditure was 24 % (38,6% in 2021), to serious failure to respect public procurement rules was 16 % (14,6% in 2021), to absence of essential supporting documents was 7% (23,3% in 2021) and related to other types of errors was 2% (8,6 % in 2021); highlights that errors such as expenditure not incurred is mostly due to deficiencies in the EU delegations’ control systems;
Amendment 14 #
2023/2183(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Takes note of the Commission’s reply that in 2022 approximately 50% of the summed errors are due to excess clearing, a practice where expenditure not incurred is included in the accounts as expenditure incurred, and are therefore temporary, since they will no longer exist after the final clearings; notes furthermore the actions taken by the Commission to allow for easier identification of incurred expenditure and calls on the Commission to refer to the discharge authority on the effects of these actions;
Amendment 15 #
2023/2183(DEC)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Notes that in 2022 DG INTPA’s ex-ante controls have prevented the payment of a total amount of EUR 167.94 million of ineligible expenditure, representing 2.91% of the total invoiced amount and above the benchmark set by DG INTPA for this indicator (2%) and above the result of 2021 (2.62%); encourages the Commission to further improve the control systems;
Amendment 19 #
2023/2183(DEC)
20. Is concerned that Benin´s EDF national authorising officer awarded a contract to a consultancy company to strengthen civil society involvement in the country, in serious breach of the public procurement rules; notes with concern that according to the Commission, the Evaluation Committee used its “discretionary power” to apply a calculation method which was not sufficiently documented in the procedure; recalls that the Qatargate scandal has revealed the role of non-profit organisations and civil society in corruption; recalls that transparency and accountability are essential for NGOs, which are called upon to act in full compliance with EU financial rules and values, especially in the management of European funds; stresses that NGOs should be supported in their control and monitoring systems, especially those operating in third countries, in order to strengthen their transparency to stop corrupt circles and avoid being subject to fraud; recalls that European Court of Auditors Special Report No 35/2018 warns that the Commission does not have sufficiently detailed information on how the money is spent on civil society organisations, recalls the report of the Budgetary Control Committee A9- 0446/2023 on the transparency and accountability of non-governmental organisations; calls on the Court to produce a special report on EU funds being funnelled into civil society organisations, and to propel the Evaluation Committee and its discretionary powers concerning public procurement procedures, as well as any contacts and ties between the Evaluation Committee, including its members, and civil society organisations and other non-governmental organisations;
Amendment 23 #
2023/2183(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes with concern that the Commission and its implementing partners committed more errors in transactions relating to programme estimates and grants and to contribution and delegation agreements with beneficiary countries, international organisations and member state agencies; notes, in addition that out of the 99 transactions of this type examined by the Court, 46 contained quantifiable errors, which accounted for 86 % of the estimated level of error;
Amendment 24 #
2023/2183(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that, according to the Court’s report, in 23 cases of quantifiable error and five cases of non-quantifiable error the Commission had sufficient information to prevent, or to detect and correct the error before accepting the expenditure; notes, moreover, that, according to the Court’s assessment, had the Commission made proper use of all the information at its disposal, the estimated level of error would have been 5,5 percentage points lower, compared to 2,4 percentage points lower in 2021; notes the Commission’s reply that most errors that could have been avoided are due to insufficient financial reporting provided by implementing partners in indirect management; takes note of the Commission’s commitment to review its control strategy, including reporting requirements and calls on the Commission to refer on the remedial measures taken;
Amendment 25 #
2023/2183(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that, according to the Court’s report, 22 transactions containing quantifiable errors, contributing 2,3 percentage points to the estimated level of error, were subject to an audit or expenditure verification; notes, furthermore, that DG INTPA’s control system is based on ex ante checks, and that the information provided in the audit/verification reports describing the work actually done did not allow the Court to assess whether the errors could have been detected and corrected during these ex ante checks, as the reports do not cover 100% of the reported expenditure, nor do they give sufficient detail to confirm whether the items where the Court identified errors had been part of the ex- ante checks; notes in this regard that the Commission is regularly updating the terms of reference for the expenditure verifications, in order to increase the completeness and clarity of reporting; calls on the Commission to refer to the discharge authority about the improvements achieved;
Amendment 26 #
2023/2183(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is concerned that, as in previous years, some international organisations provided only limited access to documents (e.g., in read-only format), which hindered the planning, execution and quality control of ECA audit and led to delays; notes that control issues were discussed with UN entities and the World Bank on several occasions, including in the context of joint technical reference group meetings and the EU-UN FAFA working group, and that Joint Technical Groups were set up to discuss regularly audit and control issues; notes furthermore that the Commission is working with the concerned International Organisations and has intensified communication with them on ECA’s access to documents; encourages the Commission to increase these efforts;
Amendment 28 #
2023/2183(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that, from 2018, DG INTPA significantly reduced the scope of reservations (i.e., the share of expenditure covered by them) in the annual activity reports (AARs) and that, similarly, the 2022 AAR does not include any reservations; notes that the Court finds the lack of reservations in the 2022 AAR unjustified and considers that it results partly from the limitations of the RER study; takes note of the Commission’s reply that the absence of reservations is justified by the correct implementation of the RER methodology and instructions by its central services;
Amendment 29 #
2023/2183(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that DG INTPA’s 2022 Action Plan addressing identified control weaknesses and high risks include the improvement of the follow up of ECA/RER findings and that new versions of the RER manual and methodology were adopted in September 2022 to address issues raised in the previous Court’s observations; takes note of the Commission’s reply that the amended rules avoid overreliance on previous control work, as it is now required that instances of reliance on prior control work should be monitored in the light of historical averages; notes furthermore that the Commission has fully implemented ECA’s recommendation from 2020 annual report to establish obligations for the RER study contractor to report to the Commission any suspected fraud against the EU budget during its work; regrets, however, that the Commission does not accept the recommendation, included in the 2022 Court’s annual report, to improve the RER methodology and verify its proper application as it sees no necessity to change the methodology used for the RER study for the extrapolation of high-value items;
Amendment 30 #
2023/2183(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes that, since 2014, DG INTPA has developed and implemented its own anti-fraud strategy on the basis of the methodology provided by the European Anti-Fraud Office (OLAF); regret and that the strategy has been updated three times since its entry into force; notes that DG INTPA decided to postpone the mid- term assessment of its anti-fraud strategy (initially planned in 2022) due to several ongoing auditing and updating exercises led by the IAS, ECA and OLAF; notes, moreover, that DG INTPA implemented 90% of the accompanying action plan, and that all actions have been implemented within the deadlines announced, apart from exploring with OLAF the possibility of circulating anonymised examples of fraud cases within the Commission internal network, which was implemented in 2023;
Amendment 31 #
2023/2183(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes that DG INTPA also contributed to the Commission anti-fraud strategy and followed up to OLAF’s financial recommendations issued in 2018- 2022 resulting in the closure of only 24% of financial recommendations and the follow-up of 76% of financial recommendations; notwelcomes, moreover, the results achieved during 2022, such as the entry into force of new internal guidelines on the handling of fraud-related information, reinforced appointing system of DG INTPA’s anti-fraud network, launch of external awareness actions towards DG INTPA's implementing partners and beneficiaries , continued update of all internal webpages, manuals and databases, and annual note to all staff on professional ethics standards, fraud prevention and detection, and rules for disclosure of information;
Amendment 33 #
2023/2183(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Notes that in 2022 the two largest budget support recipients were Morocco and Tunisia; recalls that Tunisia denied entry to an official delegation of the European Parliament Foreign Affairs Committee in September 2023 and has been the first country to ever do so; recalls that Morocco is at the centre of the Qatargate scandal and that a senior member of the Moroccan royal family features prominently in the Pandora Papers; urges therefore for the EDF support to these countries to be substantially lowered until all concerns regardingcalls for the EDF to be conditional when there is evidence of human rights abuseviolations, corruption andor tax evasion have been properly addressed;
Amendment 37 #
2023/2183(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes that the Commission and its partner institutions (including development financial institutions and development agencies) actively engage with local private sector organisations to discuss challenges and opportunities to increase access to finance through financial instruments such as blended finance operations, and that policy dialogue is held in partnerships with partner countries through the European Union Delegations and National Investment Forums; stresses the importance of private sector mobilisation for closing the development financing gap and achieving the SDGs;
Amendment 38 #
2023/2183(DEC)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Welcomes the Global Gateway strategy as a concerted EU response to global challenges; is of the opinion that in times of new geostrategic challenges, EU foreign and security policy and development cooperation actors must coordinate better in order to increase the EU’s presence and visibility worldwide by means of hard and soft infrastructure investment that creates national value in partner countries through cooperation with the private sector and development financing institutions, in line with the SDGs;
Amendment 40 #
2023/2183(DEC)
Motion for a resolution
Paragraph 46 b (new)
Paragraph 46 b (new)
46 b. Stresses the importance of Team Europe approach for the effectiveness and visibility of EU’s assistance and welcomes the initiative of the Commission to deepen coordination with Member States and make the most of their existing expertise in partner countries ensuring a stronger Europe in the word;
Amendment 5 #
2023/2080(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the number of single market infringement cases fell steeply by 80 % between 2020 and 2022; whereas without oversight and effective and efficient enforcement by the Commission, cross-border business and the free movement of people, goods, capital and services in the EU could be gravely hampered;
Amendment 15 #
2023/2080(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, under the Von der Leyen Commission, the total new infringement actions taken by the Commission fell from 903 cases in 2020 to 551 in 2022; stresses that the total infringement actions in relation to th which has to do also with the COVID-19 pandemic and number of legislative single market – excluding case closures – is worryingly lower than under the Barroso and Juncker commissstruments adopted as most infringement cases are linked to late transpositions; understands the importance of strengthening the dialogue between the Commission and the Member States at the pre-litigation stage; considers, however, that relying almost exclusively on dialogue and informal diplomacy can lead to either political horse trading with Member States or to the application of double-standards on the part of the Commission; regrets therefore that the Commission seems reluctant to bring actions against Member States before the CJEU where it is appropriate in order to avoid, when possible, infringement procedures which should be used as a measure of last resort; calls on the Commission to further clarify how it prioritises serious breaches of EU law and to flesh out its selection criteria; recommends that the Commission shorten the dialogue period and not shy away from litigation;
Amendment 21 #
2023/2080(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the Commission has a number of tools at its disposal in order to help Member States transpose, apply and implement EU law correctly and on time, among those guidance documents, implementation plans, expert groups, explanatory documents, trainings, or workshops; some of these tools are used as preventive tools while others can be used in parallel with infringement procedures in order to resolve detected breaches of EU law with the objective to avoid referrals of the case to the Court of Justice of the European Union; Invites the Commission, where possible, to provide greater support to the competent national and regional authorities in the process of transposing EU legislation;
Amendment 23 #
2023/2080(INI)
3. Takes note of the fact that the Commission no longer usesnumber of the new EU Pilot as its default platform through which to engage in dialogue with Member Statcases has increased from 212 cases in 2020 to 279 cases in 2022; notes that out of the 279 cases oin alleged breaches of EU law, as it added an additional bureaucratic layer to the procedure without adding real value2022 there were 51 triggered by complaints and 228 cases were opened by the Commission following own-initiative investigations;
Amendment 32 #
2023/2080(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to act jointly and consistently on problems related to ‘gold- plating’; notes that, while additional unnecessary administrative burdens should be avoided, particularly for SMEs, and should even be decreased in order to prevent fragmentation of the single market, Member States may take more ambitious measures in cases where only minimum standards have been defined by Union law; calls oninvites the Commission, in this regard, to come up with specific guidelines for Member States to prevent unnecessary gold-plating, including to consider a template for a ‘gold-plating test’ focusing on assessing the necessity, proportionality, and feasibility of more ambitious national standardsuch national provisions and whether they interfere with intended policy goals compared to relevant EU legislation and national legislation of other Member States, as well as on the potential effects of such standards on the national business climate, especially on SMEs, with the goal of preventing competitive disadvantages, avoiding higher costs and ensuring harmonised rules for businesses;
Amendment 38 #
2023/2080(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in order to reduce the problems related to gold-plating, Parliament, the Council and the Commission should focus on adopting EU legislation drafted using the principles of legal clarity, simplification, transparency and legal certainty, with a view to being easily transposable and having a specific European added value; regrets that, all too often, EU law-making resorts to ambiguous compromises between the three institutions and loses sight of the ultimate end users (citizens, Member States or businesses); stresses that Union law needs to clearly establish the rights and obligations of its addressees, particularly the EU institutions and the Member States;
Amendment 45 #
2023/2080(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 46 #
2023/2080(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern thatthat even though the average transposition time in the EU has increased, with directives in 2019 taking an average of three months longer to be transposed into national legislation than in 2018 the most infringement procedures are linked to late transposition;
Amendment 13 #
2023/2079(INI)
Motion for a resolution
Recital D
Recital D
D. whereas national parliaments are the natural guardians of the subsidiarity principle and have the right to control it through the Early Warning System (EWS), according to which when a national parliament/chamber considers that a legislative proposal does not respect the principle of subsidiarity, it may adopt a reasoned opinion;
Amendment 18 #
2023/2079(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that since the entry into force of the Lisbon Treaty in 2009, the EU national parliaments have activated the Early Warning System (EWS) -“ yellow card” - only on three occasions;
Amendment 19 #
2023/2079(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the measure to help national parliaments execute their role more effectively by excluding the period from 20 December to 10 January from the eight-week period during which national parliaments can submit reasoned opinions, which has produced positive results and invites the Commission to evaluate the possibility of further extending this period;
Amendment 24 #
2023/2079(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to take greater account of the opinions expressed by the Committee of the Regions through the Subsidiarity Monitoring Network (SMN) created to facilitate the exchange of information between regional and local authorities and the Union on the various legislative proposals which, following their adoption, will have a direct impact on these bodies and on the policies for which they are responsible;
Amendment 30 #
2023/2079(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Invites the Commission to evaluate the possibility for the EU to involve national parliaments at an earlier stage of the legislative procedure, more specifically when consultations take place;
Amendment 36 #
2023/2079(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Continues to support the Commission’s commitment to ex ante evaluation before considering possible legislative changes or new initiatives; believes that the EU and the authorities of the Member States should continue to work closely together to ensure better evaluation of the real impact of EU regulations on citizens and businesses, notably SMEs; stresses the importance of application and implementation of the “think small first” principle;
Amendment 37 #
2023/2079(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises that the impact assessment is a key instrument of the "Better Regulation" program to ensure that subsidiarity and proportionality are respected and is used to promote accountability of Commission’s initiatives likely to have a significant economic, social or environmental impact; welcomes the fact that the two principles are part of the quality review performed by the Regulatory Scrutiny Board;
Amendment 44 #
2023/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s commitment to subjecting EU legislative proposals to an SME test; welcomes its increased accessibility; regrets, however, that the test is not conducted systematically and consistently; calls for the test to be binding and updated throughout the whole legislative process in order to ensure clear and predictable EU legislation at minimum costs; recommends that the SME test differentiate between different size- classes of SMEs; to ensure proportionality; underlines the need to monitor and assess the implementation and quality of the SME test;
Amendment 32 #
2023/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 3 May 2023 on the fight against corruption (JOIN(2023)0012), acknowledging the seriousness of corruption, as it undermines the efficiency of public spending, the effectiveness of the single market and the sustainability of economic growth; points out that the fight against corruption is one of the commitments of the Union, on a par with transparency and integrity; welcomes therefore the new proposal for a Directive on combating corruption1a; _________________ 1a Proposal for a Directive of the European Parliament and of the Council on combating corruption (COM(2023)234).
Amendment 36 #
2023/2045(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Maintains that the lack of efficient transposition of national legislation in many Member States and the lack of harmonisation of national legislations offers opportunities to organised crime for a number of illegal cross-border activities in areas affecting the Union’s financial interests; reiterates, therefore, its previous calls for the revision of Council Framework Decision 2008/841/JHA on the fight against organised crime11 and for the introduction of a new common definition of organised crime, taking into account, in particular, the use of corruption, violence, threat or intimidation to obtain the control of economic activities or procurement; _________________ 11 OJ L 300, 11.11.2008, p. 42.
Amendment 37 #
2023/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that the EU Strategy to tackle Organised Crime 2021-202512 aims to set out the tools and measures to disrupt the business models and structures of criminal organisations across borders, both online and offline; calls on the Member States to contribute on the Commission’s efforts and to establish regional cooperation networks for sharing information on cases and strategies to combat fraud perpetrated by organised criminals; recalls, in this regard, the importance of the proposed new Directive on Asset Recovery and Confiscation13 whose effective implementation would provide authorities with better tools to deprive organised crime groups of the financial means to carry out further criminal activities; recalls furthermore that in the fight against cross-border organised crime exchange of best practices and development of common and coordinated strategies are pivotal; _________________ 12 Commission communication of 14 April 2021 on the EU Strategy to tackle Organised Crime 2021-2025 (COM(2021)0170). 13 Proposal of 25 May 2022 for a directive of the European Parliament and of the Council on asset recovery and confiscation (COM(2022)0245).
Amendment 41 #
2023/2045(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the fact that the Commission has included a specific section on anti-corruption in its report on the rule of law in order to provide an in-depth comparative analysis of the approaches, procedures and tools used by the Member States in their fight against corruption and to help to assess which areas are most at risk; calls on the Member States to take into account the findings of the report on the rule of law when developing their anti-corruption policies;
Amendment 50 #
2023/2045(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Reiterates its call to make the annual PIF report more holistic, in order to provide a comprehensive overview of the synergies between all relevant actors, identify best practices and address shortcomings; welcomes, in this regards, the inclusion in PIF Report 2022 of findings from EPPO and OLAF annual reports; calls to further improve this holistic approach, aiming at providing a clearer, more complete and more concrete picture of the overall state of play of the protection of the Union's financial interests, encompassing the entirety of the anti-fraud action, both at national and EU level;
Amendment 61 #
2023/2045(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Remarks that even if in 2022 the fraudulent irregularities reported under support to agriculture increased in comparison with 2021, the detection rates for rural development were noticeably higher than for support to agriculture; notes that within support to agriculture, the highest level of fraud was reported by the Member States for market measures and that; several complex cases related to the promotion of agricultural products were also investigated by OLAF;
Amendment 65 #
2023/2045(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Reiterates once more its call on the Commission to submit a legislative proposal on mutual administrative assistance in those areas of EU funds spending that do not provide for this practice so far, in order to ensure a cross- cutting approach to the protection of the Union's financial interests;
Amendment 77 #
2023/2045(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Reiterates that the effective prevention, detection and investigation of illegal activities threatening the implementation of the NGEU, in particular the risks of infiltration of organised criminal groups, depend on the effective collection and sharing of data, including the rapid handling of access requests from investigative services within a Member State, as well as from other countries or at EU level, by OLAF and the EPPO to whom access is to be granted;
Amendment 83 #
2023/2045(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Recalls the 'NextGenerationEU - Law Enforcement Forum (NGEU-LEF)', a joint initiative co-led by Europol and Italy, bringing together Europol, the EPPO, OLAF, Eurojust, the EU Agency for Law Enforcement Training, and national authorities, by providing a forum for intelligence sharing and coordination of operations to tackle the infiltration of organised crime in the legal economy, and to protect the NextGenerationEU stimulus package, with a specific focus on corruption, tax evasion, embezzlement and money laundering; welcomes that the initiative 'NGEU-LEF' won the European Ombudsman Award for Good Administration 2023 in the category 'most popular with the public';
Amendment 87 #
2023/2045(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Highlights the necessity to enhance the level of interoperability of data systems and the harmonisation of reporting, monitoring and auditing in the EU; reiterates, to this end, its call on the Commission to harmonise definitions in order to obtain comparable data across the EU;
Amendment 91 #
2023/2045(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Reiterates its support for the single integrated IT system for data-mining and risk-scoring envisaged by the Financial Regulation recast, which should ensure better protection of the Union’s financial interests, along and in complementing the IT tools developed at national level by the Member States;
Amendment 109 #
2023/2045(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Commission to engage in a constructive dialogue with the EPPO, with a view to strengthening the Office’s capacity to tackle the constantly increasing challenges in the anti-fraud landscape, including, where appropriate, by addressing the shortcomings identified in the EPPO Regulation;
Amendment 112 #
2023/2045(INI)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62a. Stresses the added value that EU bodies bring to the protection of the financial interests of the Union and the fight against fraud, especially when it comes to cross-border crime, as shown by the operational results from EPPO and OLAF also in 2022; reiterates its call to ensure all relevant EU actors involved in the fight against fraud adequate resources and, in this regards, reminds the Commission and the Council that every euro spent on investigation and anti-fraud actions returns to the EU budget;
Amendment 115 #
2023/2045(INI)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63a. Highlights the significant differences between Member States that can still be seen in detection, reporting and follow-up of suspected fraud; encourages therefore the Member States to take a proactive approach to protecting the Union's financial interests, to enhance exchange of information between their national authorities and with EU bodies and agencies, also in order to identify and address emerging risks and fraud trends in a timely manner;
Amendment 22 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘property’ means funds or assets of any kind, including crypto assets, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or an interest in, such assets.
Amendment 55 #
2023/0135(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, including the specialised bodies referred to in Article 4, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti- Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities.
Amendment 445 #
2023/0135(COD)
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure that their competent authorities freeze or confiscate, as appropriate, in accordance with Directive [OP: please insert the reference to Directive on asset recovery and confiscation COM(2022) 245 final] , the proceeds derived from the commission or contribution to the commission of any of the offences referred to in this Directive.
Amendment 458 #
2023/0135(COD)
Proposal for a directive
Article 24 a (new)
Article 24 a (new)
Article24a Platform on prevention and repression of corruption 1. A platform on prevention and repression of corruption (the 'platform') shall be established under the aegis of the Commission. The platform shall be composed of representatives from specialised bodies referred to in Article 4 and shall be chaired by a representative from the Commission. The platform shall be convened at regular intervals. 2. The platform shall: a) promote identification and exchange of best practices in prevention and repression of corruption; b) promote the exchange of information and operational cooperation among the specialised bodies; c) share information and best practices to enhance cooperation with third countries. 3. Representatives from Europol, Eurojust, the European Public Prosecutor's Office and the European Anti-Fraud Office (OLAF) may be invited to participate in the meetings of the platform, also in order to facilitate the cooperation referred to in Article 24.
Amendment 27 #
2022/2152(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for an enhanced level of digitalisation, interoperability of data systems and harmonisation of reporting, monitoring and auditing in the EU and, to this end, reiterates its call on the Commission to harmonise definitions in order to obtain comparable data across the EU;
Amendment 35 #
2022/2152(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the lack of specific legislation on organised crime in many Member States is fertile ground for the growing number of cross-border activities in areas affecting the Union’s financial interests; reiterates therefore its previous calls for the revision of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime and the need to establish a new, updated common definition of organised crime, which should take into consideration also the use of violence, corruption or intimidation by criminal groups to obtain the control of economic activities, or public procurement, or to affect democratic process; calls on the Commission to promote the good practices of those countries in the EU that have an advanced regulatory framework for fighting organised crime;
Amendment 38 #
2022/2152(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that timely cooperation between national law enforcement authorities, as well as between them and relevant EU agencies and bodies, is a key component of an effective response to transnational crime to protect the EU’s financial interests;
Amendment 41 #
2022/2152(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Highlights that in order to effectively fight corruption and protect the financial interests of the Union, the Commission should adopt a consistent approach to transparency, incompatibilities, illegal lobbying, revolving door situations, and conflicts of interest, also strengthening internal control mechanisms;
Amendment 70 #
2022/2152(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Highlights that the legal frameworks of OLAF and the EPPO clearly provide for the two offices to work in close cooperation while respecting their individual mandates, powers and competences; notes in this regard that OLAF opened 26 complementary investigations and carried out eight supporting operations; remarks that OLAF forwarded 167 files to EPPO, mainly related to shared management (63) and direct expenditure (34) and in equal number concerning internal and international investigations (25 cases each); appreciates that this transmission resulted in the opening by the EPPO of 85 criminal investigations and that such cases relate to an estimated total loss to the EU budget of EUR 2.2 billion; encourages both OLAF and EPPO to continue enhancing cooperation between them;
Amendment 73 #
2022/2152(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Highlights the added value that EU bodies bring to the protection of the financial interests of the Union and the fight against fraud, overcoming national systems' limitations, especially when it comes to cross-borde crime, as shown by the operational results from EPPO and OLAF;
Amendment 74 #
2022/2152(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Welcomes the launch of ‘Operation Sentinel’ and the ‘NextGenerationEU – Law Enforcement Forum (NGEU-LEF)’, a joint initiative co-led by Europol and Italy, which brings together Europol, the EPPO, OLAF, Eurojust, the EU Agency for Law Enforcement Training, and the Member States, by providing a forum for intelligence sharing and coordination of operations to tackle the infiltration of organised crime in the legal economy, and to protect the NextGenerationEU stimulus package, with a specific focus on corruption, tax evasion, embezzlement and money laundering; takes the view that, in order to effectively address the threat posed by organised crime, exchange of best practices and development of common and coordinated strategies are pivotal;
Amendment 81 #
2022/2152(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Reiterates its concerns related to permanent understaffing at OLAF, the EPPO, Europol and Eurojust and their lack of financial and human resources, as they need an adequate and predictable budget to be able to organise and carry out the work to the best of their ability; reiterates its call to ensure those EU bodies and agencies adequate resources and, in this regards, reminds the Commission and the Council that every euro spent on investigation and anti-fraud actions returns to the EU budget;
Amendment 90 #
2022/2152(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Encourages the Member States to take a proactive approach to protecting the Union's financial interests, also by using data from all available sources, analysing data and exchanging information, including with law enforcement authorities and the Commission, in order to identify and address emerging risks and fraud trends in a timely manner;
Amendment 105 #
2022/2152(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Recalls that an effective fight against money laundering is essential in the protection of the financial interests of the Union, and to ensure full recovery of funds;
Amendment 121 #
2022/2152(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Takes the view that, especially after the entry into force of new OLAF's regulation, of the RRF and of the Conditionality Regulation, as well as after the beginning of the operational activities of the EPPO, which completes the EU anti-fraud architecture, it is necessary to make the annual PIF report more holistic, in order to have a comprehensive overviews of synergies between all relevant actors, identify best practices and address shortcomings; reiterates therefore its call on the Commission to explore new avenues to that end;
Amendment 1 #
2022/2134(DEC)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reiterates the important role of the EU Justice and Home Affairs (JHA) agencies, and the important support they ensure to the Union institutions and bodies and Member States in the sectors of fundamental rights, security and justice, by carrying out operational, analytical, managerial and monitoring tasks; reiterates therefore the need to ensure adequate financial and human resources to JHA agencies;
Amendment 8 #
2022/2121(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the reported weaknesses in management and control systems, namely two cases of potential conflict of interest situation in relation to a senior manager taking up a job elsewhere, when Europol did not issue its decision within the deadline and thus effectively authorised the person concerned to take up the new job without any restrictions and in contravention of Article 16 of the Staff Regulations; takes note of the Europol's commitment to adapt its procedures for communicating the decision within the applicable timelines;
Amendment 11 #
2022/2121(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the observation from the Court stressing that late payments were issued by the Agency in 33% of the cases in 2020 is still ongoing; expresses concern that, according to the Court, similar levels of delays were observed in previous years; shares the opinion by the Court that this recurrent weaknesses exposes Europol to reputational risks; welcomes the fact that Court's observations from 2018 and 2019 regarding contract management and ex- ante controls have been completed; requests the Agency to increase its efforts to address all the observations from the Court;
Amendment 12 #
2022/2120(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that in 2021 EDPS' first data protection audit of Eurojust's data protection activities took place, and that the EDPS found that, overall, Eurojust's compliance with the data protection framework was satisfactory, with no critical issues;
Amendment 6 #
2022/2110(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the Centre contributes to the work of Justice and Home Affairs (JHA) Agencies network and is a member of the newly established EU Innovation Hub for Internal Security; acknowledges the value of cooperation among JHA Agencies in combating serious crime, particularly in the exchange of best practices; acknowledges as well the role of the Centre in the field of public health; reiterates that cooperation among JHA Agencies should be in line with fundamental rights and data protection rules;
Amendment 2 #
2022/2098(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that several issues identified in previous years Court’s observations have been addressed; encourages the Office to fully address the ongoing observations;
Amendment 11 #
2022/2098(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned about the accusations of misconduct that have been brought to the attention to OLAF and the EU institutions; is further concerned about the opening of an investigation by OLAF; requests that allegations of misconduct are thoroughly checked and investigated;
Amendment 3 #
2022/2091(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the EPPO 2021 Annual Report; notes that the EPPO has started its operations on 1 June 2021 and has been financially autonomous since 24 June 2021; notes that, in the first seven months of operations, the EPPO processed 2382 crime reports and opened 576 investigations, 515 of which were active by the end of 2021, and that the seizure of 147 million EUR was granted upon the EPPO's request; highlights the added value brought to the fight against economic and financial crime, as shown by those operational results;
Amendment 5 #
2022/2091(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the Court's observation concerning the use of interim staff for processing payments, not in line with EPPO's financial rules; acknowledges EPPO's explanations that the limited and transparently disclosed use of interim staff was caused by the necessity to adapt its control framework as activities grew and staff was made available, while initiating as early as possible its prosecution and investigative roles; notes as well that, despite the health crisis still ongoing, the EPPO continued to recruit staff during 2021 to strengthen its operational and administrative capacities;
Amendment 7 #
2022/2091(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the EPPO’s agreement with the Commission, and working arrangements with OLAF, Eurojust, Europol and; highlights that effective cooperation between the EPPO and those other Union bodies and agencies is pivotal; welcomes as well the working arrangements with non-participating countries;
Amendment 1 #
2022/2089(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the Court of Auditors’ report on the implementation of the budget concerning the financial year 2021 does not contain any remarks about the European Data Protection Supervisor (EDPS); reiterates its call on the Court to issue a report on the annual accounts of the EDPS, despite its small budget and its low volume of financial transactions, considering the importance of transparency for the proper functioning of all Unione bodies;
Amendment 4 #
2022/2089(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. NWelcomes the 2021 annual report published by the EDPS; notes that in 2021 the EDPS budget execumet or surpassed the targets set in eight out of nine key performance indicators (KPIs), with one KPI, regarding the occupancy rate of the establishment plan, just falling short of the set target (88% compared to 90%); notes, in particular, that the result for KPI regarding budget implementation in 2021 (86,212%) improved compared tos higher than the set target (80%) and than the result in 2020 (72,33%), despite the capacity constraints that EDPS is facing;
Amendment 5 #
2022/2089(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the key supervisory role of the EDPS on ensuring full respect for data protection by Union institutions, bodies and agencies, such as Europol, Frontex, eu-LISA and Eurojust; notes, in particular, the first data protection audit of Eurojust's data protection activities which took place in October 2021; notes the increase in legislative consultations recorded in 2021, when the EDPS responded to 88 Formal Legislative Consultations, compared to 27 in 2020;
Amendment 13 #
2022/2089(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that in 2021, the EDPS continued to monitor the impact of the COVID-19 pandemic on data protection through its dedicated COVID-19 task force, set up in 2020; notes that on 9 August 2021 the EDPS published guidelines including recommendations for EUIs' strategies for their return to the office;
Amendment 15 #
2022/2081(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the close cooperation between the Court and the European Anti-Fraud Office (OLAF) and the European Public Prosecutor's Office (EPPO) to protect the budget of the Union; notes that in 2021 the Court reported to OLAF 15 cases of suspected fraud (six in 2020), one of which was reported in parallel also to the EPPO, along with an additional case identified by the Court in the course of the audit work in 2021;
Amendment 4 #
2022/2026(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
Amendment 26 #
2022/2026(INI)
Motion for a resolution
Citation 41 a (new)
Citation 41 a (new)
— having regard to European Parliament legislative resolution of 3 May 2022 on the proposal for a Council regulation on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage (P9_TA(2022)0129),
Amendment 31 #
2022/2026(INI)
Motion for a resolution
Citation 41 b (new)
Citation 41 b (new)
— having regard to the Communication from the Commission of 19 March 2022 on the 2022 EU Justice Scoreboard (COM(2022)234),
Amendment 32 #
2022/2026(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas there are approximately 100 million persons with disabilities in the EU;
Amendment 33 #
2022/2026(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission has not taken effectiveinsufficient steps to ensure legal harmonisation with the UN Convention on the Rights of Persons with Disabilities (CRPD); whereas there has so far been no review of the existing legislation and policy and no revision of the impact assessment guidelines prior to a proposal for legislation;
Amendment 46 #
2022/2026(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU institutions are lacking ashould strengthen the structured process for consulting persons with disabilities and their representative organisations;
Amendment 47 #
2022/2026(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 48 #
2022/2026(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas cases of disabled persons who are victims of abuse by those who should be caring for them too often appear in the media in several Member States;
Amendment 53 #
2022/2026(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the existence of a disability does not in itself justify the denial of the legal capacity of persons with disabilities; whereas any measure restricting their legal capacity must be adapted to their circumstances and be proportionate to their needs, and should be applied only under certain conditions and with certain guarantees;
Amendment 60 #
2022/2026(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the pandemic has had a severe impact on the psychological well- being of minors, in particular those with disabilities;
Amendment 61 #
2022/2026(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas artificial intelligence technology combined with advances in the Internet of Things can, in particular, simplify the everyday life of persons with visual, auditory, motor and learning disabilities, allowing them easier access to culture, art, sport, work and social activities, enabling them to live more independently; whereas the scope of application of such tools extends well beyond the specific demands of disabled persons, also addressing the needs of an ageing European population;
Amendment 80 #
2022/2026(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the right of persons with disabilities to live independently and to be included in the community can only be fully guaranteed if alternatives topolicies and legislation that offer alternatives to the approach that places such persons in institutions are developed at EU and, national, regional and local levels; calls on the Commission and the Member States to bring about a shift fromend, once and for all, use of such institutionals and other segregational settings towith a view to the adoption throughout the EU of a system enabling social participation where services are provided in a community according to individual will and preference, taking full account of the will and preferences of persons with disabilities;
Amendment 96 #
2022/2026(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the Commission to improve its monitoring on the use of EU funds, including considering the suspension, withdrawal and recovery of payments if the obligation to respect fundamental rights is breached; stresses that segregational settings and small group homes should, whether they are institutions or group homes, regardless of their size, must not be financed with EU funds;
Amendment 100 #
2022/2026(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to use EU legislation on artificial intelligence to ensure that AI systems take account of horizontal requirements in universal design aimed at the widest possible range of users, in accordance with Directive (EU) 2019/882 on the accessibility requirements for products and services (European Accessibility Act);
Amendment 109 #
2022/2026(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the forthcoming Council to unblock the horizontal directive on equal treatment and ensure that discrimination in all aspects on the grounds of disability is prohibited, including multiple and intersectional discrimination; calls on the Presidency of the Council to give priority to this Directive and to discuss it at the highest political level;
Amendment 111 #
2022/2026(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission’s adoption of its ambitious Strategy for the Rights of Persons with Disabilities 2021- 2030 and calls for regular and thorough monitoring of its implementation by the Member States;
Amendment 116 #
2022/2026(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to collect disaggregated and reliable data and statistics in order to develop appropriate and effective policies to ensure an accessible and inclusive society for all persons with disabilities in the EU;
Amendment 120 #
2022/2026(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Exhorts the Commission and the Member States to raise awareness, in particular among young people, and carry out clearly structured consultations with the participation and involvement of the people directly affected in order to acquire a real understanding of disabilities at all levels of society;
Amendment 127 #
2022/2026(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Denounces the fact that some groups of persons with disabilities are at greater risk of being the victim of any kind of discrimination and violence, such as women and girls, childrenminors, elderly people, homeless peoplepeople without homes, detainees, migrants and refugees, especially ethnic minorities, Roma people and LGBTIQ+ people; calls on the Commission and the Member States to address the specific challenges, rights and needs of these people through specialistargeted measures to ensure access to victim support servicesassistance, support and protection services and to remove barriers to reporting discrimination and violence;
Amendment 138 #
2022/2026(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and the Member States to take action by adopting concrete measures to combat gender- based violence, including an ambitious directive to fight violence against women that provides for targeted support to victims with disabilities;
Amendment 144 #
2022/2026(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to take urgent measures to eliminate the restrictions on legal capacity that hinder the rights of persons with disabilities enshrined in the Treaties, including taking action to replace substituted decision-making with supporassisted decision-making supported across the EU, respecting the autonomy, wishes and preferences of the person;
Amendment 146 #
2022/2026(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the fact that in 2022 the EU Justice Scoreboard has for the first time taken account of the specific needs of persons with disabilities as regards access to justice;
Amendment 149 #
2022/2026(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to take adequate measures to eliminate thenot just the physical/architectural and legal barriers but also the cultural barriers faced by persons with disabilities in accessing justice, by addressing the lack of awareness about disabilities among criminal justice servicesthe various actors involved in the different services of the justice system, not just in the criminal sphere, including allocating adequate funding for training to justice personnel and providing support to victims with disabilities, in particular in cases where they are abused by those who should be caring for them;
Amendment 159 #
2022/2026(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission, particularly with a view to the next European elections in 2024, to work with the Member States to guarantee the rights of persons with disabilities to vote and stand as a candidate; welcomes, to this end, the provisions in the European Parliament legislative resolution of 3 May 2022 on the political rights of persons with disabilities;
Amendment 163 #
2022/2026(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 165 #
2022/2026(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly believes that breaking down barriers by promoting and adopting various communication formats and every possible alternative language, such as easy- to-read language, Braille and sign language, would be a major step towards enabling persons with disabilities to genuinely participate in political and public life;
Amendment 189 #
2022/2026(INI)
16a. Deplores the lack of investment by the Member States in facilities for persons with disabilities who need specific treatment by specialists, in some cases forcing those persons, especially young people of school age, to leave their families to access suitable facilities in other Member States;
Amendment 198 #
2022/2026(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to develop a European mental health strategy as an appropriate follow-up to the European Framework for Action on Mental Health and to improve the EU Compass for Action on Mental Health and Well-Being; calls on the Member States in particular to include in their national recovery and resilience plans funds to improve neuropsychiatric services for children and young people, who suffered most as a result of the measures adopted during the pandemic, which led to increased social hardship, poverty and psychological suffering, with dramatic consequences;
Amendment 47 #
2022/0167(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) States should adopt, according to the circumstances and with the priority of full respect for the right to compensation to victims, measures allowing the use of confiscated property for purposes of public or social interest. Several Member States have adopted, more than twenty years ago, specific legislation providing for the direct or indirect reuse of confiscatedy property for purposes of public or social interest, benefitting from multiple positive aspects deriving from the reuse, both for public finances and for its symbolic value, as a visible counter- message for the affirmation of the principle of legality and the relaunching of the territories marked by the presence of organized crime
Amendment 56 #
2022/0167(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, for example through an intermediary, by the third party from a suspected or accused person, including when the criminal offence has been committed on their behalf or for their benefit, and when an accused person does not have property that can be confiscated. Such confiscation should be possible in cases where it has been established that third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation, on the basis of concrete facts and circumstances, including that the transfer was carried out free of charge or in exchange for an amount significantly lower than the market value. The rules on third party confiscation should extend to both natural and legal persons, without prejudice to the right of third parties to be heard, including the right to claim ownership of the property concerned. In any event, the rights of bona fide third parties should not be affected. Taking into account that organized crime has over time developed considerable entrepreneurial ability, in order to launder the profits of criminal activities in the real economy, by establishing fictitious companies and corporations, through the use of a front man, it follows that, in any event, the rights of bona fide third parties should not be affected. However, those third parties, considering the prevailing/overriding public interest in combating the criminal phenomenon compared to the need to protect legal situations of persons unrelated to the recovery and confiscation procedure, bear the burden of proving that the purchasing of the confiscated property has taken place in bona fide and with due diligence.
Amendment 63 #
2022/0167(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national and international law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality, confiscating property without a prior conviction should be limited to cases of serious crimes. The right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected.
Amendment 71 #
2022/0167(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. 3. Asset tracing investigations pursuant to paragraph 1 shall be carried out for the purpose of restitution and compensation to victims.
Amendment 78 #
2022/0167(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The main motive for cross-border organised crime, including high-risk criminal networks, is financial gain. In fact, organised crime has become an economic worldwide operator, with an entrepreneurial vocation and specialised in supply of goods and services, not only illegal but also legal. Therefore, to tackle the serious threat posed by organised crime, competent authorities should be given the means to effectively trace and identify, freeze, confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities.
Amendment 92 #
2022/0167(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not affect the rights of bona fide third parties who bear, however, the burden of proving that the purchasing of the confiscated property has taken place in bona fide and with due diligence.
Amendment 92 #
2022/0167(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Other crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes, including serious crimes with a cross-border nature. Such crimes should be included in the scope of the Directive to the extent to which they are committed within the framework of a criminal organisation. The counterfeiting and piracy of products is linked to money laundering and the forgery of documents, and threatens the functioning of the single market and fair competition. The illicit trafficking in cultural goods, including antiques and works of art, is often intertwined with money laundering and constitutes an important source of financing for organised criminal groups. Forgery of administrative documents and trafficking therein, including bank documents or identification documents, is a key enabling tool for money laundering, trafficking in human beings, or migrant smuggling, and should as such be covered in the scope of this Directive. Other crimes which are often carried out within the framework of an organised crime group include murder or grievous bodily harm, as well as the illicit trade in human organs and tissue, which are a source of revenue for organised crime groups in the context of contract killings, intimidation and trafficking in human beings. Similarly kidnapping, illegal restraint or hostage taking, as well as racketeering and extortion, are utilized either as source of revenue through the collection of ransom money or as intimidation tactics against adversaries. The crime of organised or armed robbery is one of the most common forms to generate profits for organised criminal groups, and it is often committed in conjunction with other crimes, in particular the trafficking in firearms. Similarly, the trafficking in stolen vehicles cannot only generate profits but also represents an enabling crime to provide for the necessary instrumentalities to carry out further offences. In addition, it is key to include tax crimes to the extent it is committed as part of a criminal organisation in the scope of the Directive, as this specific crime is an enabling source of profits, especially when operating in a cross-border context. Typical techniques employed to commit tax fraud or evasion consist of making use of cross-border corporate structures or similar arrangements to fraudulently obtain tax benefits and refunds, hide assets or profits, merge legal with illicit profits and assets or to transfer them to other entities abroad to disguise their origins or (beneficial) ownership. In addition, criminal organisations often resort to violence, threat or intimidation in order to acquire control or management of economic activities, concessions, authorisations, procurement and public services, or to achieve unfair profits or advantages, thereby adversely affecting freedom of competition, or to prevent or hinder the free exercise of voting or to procure votes in elections, thus affecting democratic life. Such crimes should therefore also be included in the scope of the Directive.
Amendment 98 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) immunity from prosecution of the suspected or accused person, as provided for under national and international law;
Amendment 109 #
2022/0167(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, for example through an intermediary, by the third party from a suspected or accused person, including when the criminal offence has been committed on their behalf or for their benefit, and when an accused person does not have property that can be confiscated. Such confiscation should be possible in cases where it has been established that third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation, on the basis of concrete facts and circumstances, including that the transfer was carried out free of charge or in exchange for an amount significantly lower than the market value. The rules on third party confiscation should extend to both natural and legal persons, without prejudice to the right of third parties to be heard, including the right to claim ownership of the property concerned. In any event, the rights of bona fide third parties should not be affected. However, taking into account that organised crime has over time developed considerable entrepreneurial ability, in order to launder the profits of criminal activities in the legal economy, by establishing fictitious companies and corporations, through the use of a front man, and considering the prevailing public interest in combating the criminal phenomenon compared to the need to protect legal situations of persons unrelated to the confiscation and recovery procedure, those third parties should bear the burden of proving that the transfer or acquisition has taken place in bona fide and with due diligence.
Amendment 115 #
2022/0167(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national and international law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality, confiscating property without a prior conviction should be limited to cases of serious crimes. The right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected.
Amendment 117 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall consider takingtake, with the priority of full respect for the right to compensation to victims, measures allowing confiscated property to be used for public interest or social purposes.
Amendment 119 #
2022/0167(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Economic and financial crime, especially organised crime, often act through legal persons, and the criminal offences included in the scope of this Directive may be committed in the interest or for the benefit of such legal persons. Therefore, freezing and confiscation orders should be issued also against legal persons.
Amendment 120 #
2022/0167(COD)
Proposal for a directive
Article 18 – title
Article 18 – title
Victims compensation and restitution of property to victims
Amendment 122 #
2022/0167(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall, as a matter of priority, take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obtain compensation for their claims as stipulated in Directive 2004/80/EC on compensation to victims of crimes. Member States shall ensure that, where money was obtained as a result of the execution of a confiscation order, the corresponding sum, shall be transferred to the victim for the purpose of compensation, in so far as it does not exceed the recognized amount of compensation awarded.
Amendment 122 #
2022/0167(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Organised crime affects not only the victims of the crimes committed by criminal organisations, but also the society as a whole. Therefore, without prejudice to victims' rights to compensation or restitution, and according to all the circumstances, Member States should adopt measures allowing the use of confiscated property for public interest or social purposes. Several Member States have adopted, more than twenty years ago, specific legislation providing for the direct or indirect reuse of confiscated property for purposes of public or social interest, benefitting from multiple positive aspects deriving from the reuse, both for public finances and for its symbolic value, as a visible counter-message for the affirmation of the values of justice and legality and the relaunching of the territories marked by the presence of organised crime.
Amendment 153 #
2022/0167(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
Article 2 – paragraph 2 – point j a (new)
(ja) violence, threat or intimidation, committed to acquire directly or indirectly the management or control of economic activities, of concessions, of authorisations, procurement and public services, or to achieve unfair profits or advantages, or to prevent or impede the free exercise of voting or to procure votes in the context of electoral consultations.
Amendment 162 #
2022/0167(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, including crypto assets, and legal documents or instruments evidencing title or interest in such property;
Amendment 166 #
2022/0167(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
(9a) ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations;
Amendment 172 #
2022/0167(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Asset tracing investigations pursuant to paragraph 1 shall be carried out also for the purposes of restitution and compensation to victims.
Amendment 188 #
2022/0167(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) beneficial owners registers
Amendment 189 #
2022/0167(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(bb) relevant high value goods or assets registers
Amendment 191 #
2022/0167(COD)
Proposal for a directive
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
Amendment 194 #
2022/0167(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 221 #
2022/0167(COD)
Proposal for a directive
Article 9 – paragraph 6 – point b a (new)
Article 9 – paragraph 6 – point b a (new)
(ba) violate the requested Member States’ obligations under Article 6 of the Treaty on European Union.
Amendment 226 #
2022/0167(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property under Article 12, or to secure victims' rights to compensation or restitution pursuant to Article 18.
Amendment 234 #
2022/0167(COD)
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Member States shall take the necessary measures to ensure that the freezing orders pursuant to paragraphs 1, 2, 3 and 4 are issued also against legal persons, when they can be held liable for the criminal offences referred to in Article 2, or where they are third parties in possession of the property.
Amendment 239 #
2022/0167(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to enable confiscation pursuant to paragraphs 1 and 2 also against legal persons, where they can be held responsible for the criminal offences referred to in Article 2.
Amendment 241 #
2022/0167(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, including legal persons, or which were acquired by third parties from a suspected or accused person.
Amendment 244 #
2022/0167(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not affect the rights of bona fide third parties who bear, however, the burden of proving that the transfer or acquisition took place in bona fide and with due diligence.
Amendment 248 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to enable, under the conditions set out in paragraph 2, the confiscation of instrumentalities and proceeds, or property as referred to in Article 12, or which was transferred to third parties as referred to in Article 13, at least in cases where criminal proceedings have been initiated but the proceedings could not be continued because of the following circumstances:
Amendment 254 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) immunity from prosecution of the suspected or accused person, as provided for under national and international law;
Amendment 263 #
2022/0167(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Member States shall take the necessary measures to enable confiscation pursuant to this Article also against legal persons, where they can be held responsible for the criminal offences referred to in paragraph 4.
Amendment 269 #
2022/0167(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Member States shall take the necessary measures to enable confiscation pursuant to this Article also against legal persons, where they can be held responsible for the criminal offences referred to in paragraph 3.
Amendment 273 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposeWhere the confiscated property is derived from criminal offences committed in the framework of a criminal organisation, without prejudice to the victims' rights to compensation or restitution, Member States shall take measures allowing confiscated property to be used for public interest or social purposes. Such measures may include the granting of property, free of charge and in accordance with the principles of transparency, appropriate publicity and equal treatment, to non-profit-seeking entities and organisations.
Amendment 280 #
2022/0167(COD)
Proposal for a directive
Article 18 – title
Article 18 – title
Victims compensation and restitution of property to victims
Amendment 282 #
2022/0167(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall, as a matter of priority, take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obtain compensation for their claims. as stipulated in Council Directive 2004/80/EC1a. _________________ 1a Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, (OJ L 261, 6.8.2004, p. 15)
Amendment 285 #
2022/0167(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Where money was obtained as a result of the execution of a confiscation order, Member States shall take the necessary measures to ensure that the corresponding sum is transferred to the victim for the purposes of compensation, in so far as it does not exceed the amount of compensation awarded.
Amendment 286 #
2022/0167(COD)
Proposal for a directive
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
Where, as a result of a criminal offence, a victim is entitled to restitution of property subject to confiscation, Member States shall, as a matter of priority, take the necessary measures to restitute the property concerned to the victim. Where such restitution of the property is not possible, but money has been obtained as a result of the execution of a confiscation order in relation to that property, the corresponding sum shall be transferred to the victim for the purposes of restitution.
Amendment 330 #
2022/0167(COD)
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. Member States shall designate the competent authority or authorities that will be responsible for the management of the centralised registries put in place pursuant to paragraph 1 and thus will take the role of data controller in accordance with Article 3(8) of Directive (EU) 2016/680 of the European Parliament and of the Council 1a. _________________ 1a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, (OJ L 119, 4.5.2016, p. 89)
Amendment 329 #
2022/0155(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Given the severity of these crimes and the long-lasting negative consequences on the victims and the risk of revictimization as a result of the dissemination of known material, new material, as well as activities constituting the solicitation of children, it is essential that this Regulation provides specific obligations for providers of hosting services and providers of interpersonal communication services to prevent, detect, report, remove child sexual abuse material in all their services, including interpersonal communication services, which may also be covered by end-to-end encryption, in light of the prevalence of dissemination of child sexual abuse material, including the solicitation of children, in interpersonal communication services.
Amendment 385 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Nothing in this Regulation should therefore be interpreted as prohibiting end-to-end encryption or making it impossible. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users, while ensuring the effective detection of online child sexual abuse and the balance of all the fundamental rights at stake.
Amendment 401 #
2022/0155(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) To the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, it should be possible for the Coordinating Authority of establishment to authorise providers to process metadata.
Amendment 574 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) "adult" means any natural person above the age of 18 years;
Amendment 583 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(ja) "adult user" means a natural person who uses a relevant information society service and who is a natural person above the age of 18 years;
Amendment 694 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. When providers of hosting services and providers of interpersonal communication services put forward age assurance or age verification system as a mitigation measure, they shell meet the following criteria: a) Protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose; b) Do not collect data that is not necessary for the purpose of age assurance; c) Be proportionate to the risks associated to the product or service that presents a risk of misuse for child sexual abuse; d) Provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.
Amendment 742 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Designing educational and awarness-raising campaigns aimed at informing and alerting users about the risks of online child sexual abuse, including child-appropriate information;
Amendment 769 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) processing metadata, in accordance with Article 4a
Amendment 776 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Providers of hosting services and providers of interpersonal communications services shall continue the voluntary use of specific technologies, as mitigation measures, for the processing of personal and other data to the extent strictly necessary to detect, report and remove online sexual abuse on their services and to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment conducted or updated in accordance with Article 3 and prior authorization from the Coordinating Authority;
Amendment 780 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The Coordinating Authority shall decide whether to proceed according to paragraph 1a no later than three months from the provider´s request.
Amendment 805 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify childdifferenciate between child and adult users on their services, enabling them to take the mitigation measures. Age assurances or age verification systems as mitigation measures shall be implemented only if they meet the criteria set in Article 3, paragraph 2a of this Regulation.
Amendment 826 #
2022/0155(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a Legal basis for the risk mitigation through metadata processing 1. On the basis of the risk assessment submitted and, where applicable, further information, the Coordinating Authority of establishment shall have the power to authorise or require a provider of hosting services or a provider of interpersonal communications services to process metadata to the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, as a mitigation measure in accordance with Article 4. When assessing whether to request the processing of metadata, the Coordinating Authority shall take into account any interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in that case, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, and that it is strictly necessary and proportionate. 2. If they process metadata as a risk mitigation measure, providers shall inform their users of such processing in their terms and conditions, including information on the possibility to submit complaints to the competent DPA concerning the relevant processing, in accordance with Regulation (EU) 2016/679, and on the avenues for judicial redress.
Amendment 928 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a
Article 7 – paragraph 3 – subparagraph 2 – point a
(a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards; the implementation plan shall explicitly set out the specific measures that the provider intends to take to counter act potential security risk that might be linked to the execution of the detection order on its services. The provider may consult the EU Centre, and in particular its Technology Committee, to obtain support in identifying appropriate measures in this respect;
Amendment 1025 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2
Article 7 – paragraph 8 – subparagraph 2
To that aim, they shall take into account all relevant parameters, including: (i) the availability of sufficiently reliable detection technologies in that they can be deployed without undermining the security of the service in question and they limit to the maximum extent possible the rate of errors regarding the detection and; (ii) their suitability and effectiveness of the available technologies for achieving the objectives of this Regulation, as well as; (iii) the impact of the measures on the rights of the users affected, and require the taking ofthereby ensuring that detection orders are only requested and issued when sufficiently reliable technologies in accordance with point (i) are available and that the least intrusive measures are chosen, in accordance with Article 10, from among several equally effective measures.
Amendment 1031 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a
Article 7 – paragraph 8 – subparagraph 3 – point a
(a) where the information gathered in the risk assessment process indicates that risk is limited to an identifiable part or component of a service, where possible without prejudice to the effectiveness of the measure, the required measures are only applied in respect of that part or component;
Amendment 1049 #
2022/0155(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article7a Safeguards on encrypted services For the scope of this Regulation and for the the sole purpose to prevent and combat child sexual abuse, providers of interpersonal communications services shall be subjected to obligations to prevent, detect, report and remove online child sexual abuse on all their services, which may include as well those covered by end-to-end encyption, when there is a significant risk that their specific service is misused for online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment established in Article 3 of this Regulation. The technologies deployed to execute the detection order pursuant to Article 7 of this Regulation shall never prohibit encryption or make it impossible and shall only be deployed after a prior authorization by the Coordinating Authority, in consultation with the competent data protection authority, and be subjected to constant monitoring and auditing by the competent data protection authority to verify their compliance with Union law.
Amendment 1136 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order and, where needed, of adopting the security measures imposed by Article 7(3)(a). The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.
Amendment 1161 #
2022/0155(COD)
(da) not able to prohibit or make end- to-end encryption impossible.
Amendment 1594 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)
Article 43 – paragraph 1 – point 6 a (new)
(6a) support Member States in designing preventive measures, such as awarness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: a) acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; b) referring victims to the appropriate child protection services, and to pro bono legal support services.
Amendment 1618 #
2022/0155(COD)
Proposal for a regulation
Article 44 – paragraph 4 a (new)
Article 44 – paragraph 4 a (new)
4a. The EU Centre shall ensure through all technical means available that the database of indicators is secure and cannot be alterated by providers, users and any other actor at the moment of its deployment for the purpose of detection.
Amendment 1697 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The EU Centre shall make available: (i) technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). (ii) technologies that providers of end-to- end encrypted electronic communication services may acquire, install and operate, free of charge, where relevant subject to reasonable licencing conditions, to adopt the security measures imposed on them by Article 7(3)(a).
Amendment 45 #
2022/0066(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to Article 24 of the EU Charter of Fundamental Rights, as well as Article 12 of the UN Convention on the Rights of the Child of 1989 (CRC),1a _________________ 1a Convention on the Rights of the Child, United Nations, 1989
Amendment 53 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or intimate partner. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 67 #
2022/0066(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 an, the UN Convention on the Rights of the Child, wthere relevant, United Nations Convention on the Rights of Persons with Disabilities (CRPD)39a, and the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 39a Convention on the Rights of Persons with Disabilities (CRPD), United Nations, 2006. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 83 #
2022/0066(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or, spouses or intimate partners. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes.
Amendment 99 #
2022/0066(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of adequately trained child protection or welfare officialsworkers who are able to inform the child on the situation and reassure it in a child-sensitive language. Where it is necessary to provide for interim accommodation, children should as a priority be heard and be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child and, where possible, its wishes should be always taken into account.
Amendment 104 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, through an adequate, training for teachers, as well as through multi-annual initiatives and activities aimed at actively involving students, in particular, through strengthening gender equality, sexuality education and socio- emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 109 #
2022/0066(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive training and targeted information, in particular for judges, lawyers, law enforcement, social and medical workers, including psychologists. Trainings should cover the risk, among other things, interdisciplinary meetings modules, evaluation of risk factors and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 111 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract women’s reticence on reporting and, consequently, the problem of underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, as well as provide for adequate places, within law enforcement and helplines for the proper reception of testimonies of women reporting offences of violence, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 113 #
2022/0066(COD)
Proposal for a directive
Recital 62
Recital 62
(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending, especially where minors are affected, how to adopt non-violent behaviour in interpersonal relationships, which is respectful of every person, and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.
Amendment 114 #
2022/0066(COD)
Proposal for a directive
Recital 63
Recital 63
(63) In order to ensure that victims of the offences of cyber violence contained in this Directive can effectively realise their rights to have illegal material relating to such offences timely removed, Member States should encourage the cooperation between providers of intermediary services. To ensure that such material is detected early on and tackled effectively and that victims of those offences are adequately assisted and supported, Member States should also facilitate the establishment or use of existing self- regulatory measures of a voluntary nature, such as codes of conduct, including on the detection of systematic risks in relation to such cyber violence and the training of the providers’ employees concerned by preventing such violence and assisting victims.
Amendment 116 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women, including socially and economically vulnerable groups and disabled women as well as minors, and domestic violence and design new policy strategies in this field. When sharing the data collected, no personal data should be included.
Amendment 138 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as pregnancy, a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;
Amendment 141 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point m
Article 13 – paragraph 1 – point m
(m) the offence was committed by abusing a recognised position of trust, authority or influence, for instance that of a legal guardian;
Amendment 150 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner, in separate, reserved places that allow women to feel comfortable. This shall include also the possibility of reporting criminal offences online or through other accessible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 154 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this in a confidential way to the competent authorities.
Amendment 156 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. In particular, if the victim is a child, the relevant professionals shall be able totimely report to the competent authorities if they have reasonable grounds to believe that a seriousn act of violence covered under this Directive has been committed or further serious acts of violence are to be expected.
Amendment 159 #
2022/0066(COD)
4a. When disabled women report criminal offences of violence, including those living in institutions, Member States shall ensure that the reporting procedures are safe, confidential, accessible, including through the use of Braille and sign language. If the offence involves the legal guardian, Member States shall ensure reporting is not conditional upon this person’s consent.
Amendment 161 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient resources, expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
Amendment 167 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex, age and disability and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 171 #
2022/0066(COD)
3. Where needed, they shall be able to refer child victims, including witnesses, to adequate support services without the prior consent of the holder of parental responsibility.
Amendment 179 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence, including child witnesses of such violence. Those guidelines shall include guidance on:
Amendment 180 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) how to treat victims in a trauma-, gender-, disability- and child-sensitive manner, always ensuring the child's right to be heard and its best interest;
Amendment 182 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a
Article 24 – paragraph 1 – subparagraph 1 – point a
(a) provide free and independent assistance and advice to victims of violence against women and domestic violence;
Amendment 184 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence, including child witnesses of such violence.
Amendment 184 #
2022/0066(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to Article 24 of the EU Charter of Fundamental Rights, as well as Article 12 of the UN Convention on the Rights of the Child of 1989 (CRC),1a _________________ 1a Convention on the Rights of the Child, United Nations, 1989
Amendment 186 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that victims, regardless of their age, are able to obtain a decision on compensation in the course of criminal proceedings.
Amendment 190 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that free specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provide:
Amendment 200 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner, through specialized childcare professionals and taking into account the best interest of the child with regards to custody and visiting rights.
Amendment 204 #
2022/0066(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall ensure external independent counselling services are available for victims and employers in cases of sexual harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes.
Amendment 208 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence, including child witnesses of such violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.
Amendment 214 #
2022/0066(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union., the UN Convention on the Rights of the Child and its General comment No. 25 in relation to the digital environment
Amendment 218 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including disabled women and child witnesses of such violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 223 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domestic violence. SAdequate support to children shall be specialised and age-appropriate, respecting the best interests of the child.
Amendment 227 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Where it is necessary to provide for interim accommodation, children who were previously and carefully heard and whose will shall be taken into account, shall as a priority be placed together with other family members, in particular with a non- violent parent in permanent or temporary housing, equipped with support services. Placement in shelters shall be a last resort.
Amendment 228 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or, the unsolicited receipt of sexually explicit material or revenge porn and sextortion . Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 239 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include training for teachers, awareness-raising campaigns for and together with youth, research and education programmes, in the framework of multi-annual programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders, in particular youth associations, as well as associations and organizations for the promotion of children’s rights.
Amendment 258 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender-, disability- and child- sensitive manner.
Amendment 260 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes, in particular in the case of child witnesses of violence and disabled women.
Amendment 263 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, including child witnesses of such violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 264 #
2022/0066(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to reinforce internal mechanisms to tackle and timely remove the illegal the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.
Amendment 266 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
(c) providing assistance to Union networks working on matters directly relevant to violence against women and domestic violence, including child witnesses of such violence.
Amendment 267 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall have a system in place for the collection, development, production and dissemination of statistics on violence against women or domestic violence, including the forms of violence referred to in Articles 5 to 10, as well as child witnesses of such violence.
Amendment 268 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
Amendment 269 #
2022/0066(COD)
Proposal for a directive
Article 46 – paragraph 1
Article 46 – paragraph 1
This Directive establishes minimum rules. Member States may introduce or maintain provisions and procedural guarantees with higher standards, including such which provide a higher level of protection and support for victims.
Amendment 321 #
2022/0066(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object, including when performed online by the victims themselves as a result of coercion such as cases of sextortion. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner.
Amendment 398 #
2022/0066(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Young people and children are increasingly connected at earlier age, and women and girls are at greater risk of encountering, being subjected to or targeted by cyber violence, involving new technologies. Gender-based violence can be perpetuated with greater ease and at greater scale online, using a range of online communications channels and tools, including social media, web content, discussion sites, dating websites, comment sections, and gaming chat rooms. The root causes of gender-based violence must be addressed. Common digital design features, either alone or in combination, can contribute to the replication of existing discriminatory practices and stereotypes, to the normalisation of gender-based violence, with a particular impact on norm creation in childhood.
Amendment 409 #
2022/0066(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence also when they are witness of violence, given the long-lasting detrimental consequences it has on children, and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.
Amendment 607 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, in particular, through strengthening comprehensive and age- appropriate sexuality education and socio- emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 625 #
2022/0066(COD)
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) Member states should ensure the full implementation of the rights of the child in the digital environment, including their rights to a high level of safety, privacy and security by design and default, and ensure that providers and operators of digital products or services likely to be accessed by children take the necessary measures to prevent, mitigate or minimise risks of violence against women and girls and domestic violence.
Amendment 628 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract women’s reticence on reporting and, consequently, the problem of underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, as well as provide for adequate places, within law enforcement and helplines for the proper reception of testimonies of women reporting offences of violence, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 931 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as pregnancy, a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions;
Amendment 988 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner, in separate, reserved places that allow women to feel comfortable. This shall include the possibility of reporting criminal offences online or through other accessible information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 1084 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters and children's specialised services, social services and healthcare professionals.
Amendment 1167 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) how to treat victims in a trauma-, gender-, disability- and child-sensitive manner, always ensuring the child's right to be heard and its best interest;
Amendment 1215 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) the removal of that material is necessary to prevent or limit significant harm to the victim and further dissemination, thereby preventing revictimization;
Amendment 1397 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence. Child victims of sexual exploitation and abuse online shall be provided with adequate reporting mechanisms to trusted flaggers, including the EU Centre to prevent and combat child sexual abuse as per article 40 of the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse [2022/0155 (COD)] and have access to specific support mechanisms;
Amendment 1401 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Where it is necessary to provide for interim accommodation, children who were previously and carefully heard and whose will shall be taken into account, shall as a priority be placed together with other family members, in particular with a non- violent parent in permanent or temporary housing, equipped with support services. Placement in shelters shall be a last resort.
Amendment 1460 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns, research and education programmes, including age- appropriate and comprehensive sexuality education and early intervention programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1504 #
2022/0066(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a Safety By Design 1. Member States shall ensure providers and operators of digital products or services likely to be accessed by children take measures to prevent, mitigate or minimise any risks their product or service may pose to gender equality and the safety of women and children; 2. Member States shall ensure providers of digital products or services likely to be accessed by children ensure a high level of safety, privacy and security by design and default for child users.
Amendment 1558 #
2022/0066(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of violence against women or domestic violence. Special intervention programmes for potential offenders of child sexual abuse and exploitation should be arranged;
Amendment 264 #
2022/0051(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Children have specific rights enshrined in Article 24 of the Charter and in the United Nations Convention on the Rights of the Child. As such, the best interests of the child should be a primary consideration in all matters, including remedies, affecting them;
Amendment 274 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. The Children’s Rights and Business Principles provide a comprehensive set of principles to guide companies on the full range of actions they can take in the workplace, marketplace and community to uphold and promote children’s rights. General comment No. 16 (2013) to the UN Convention on the Rights of the Child sets out State obligations regarding the impact of the business sector on children’s rights, which are further specified in General comment No. 25 (2021) as regards the digital environment. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 335 #
2022/0051(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Companies whose primary activity revolves around children or provide services likely to be accessed by children or likely to have an impact on children shall put in place specific measures to embed safety-by-design features so as to mitigate any potential harm or adverse consequences prior the development of the product or the service;
Amendment 370 #
2022/0051(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, children's rights and environmental due diligence with respect to their operations, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
Amendment 757 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) ‘severe adverse impact’ means an adverse environmental impact or an adverse human rights impact that is especially significant by its nature, or affects a large number of persons, particularly vulnerable persons such as children, or a large area of the environment, or which is irreversible, or is particularly difficult to remedy as a result of the measures necessary to restore the situation prevailing prior to the impact;
Amendment 817 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Children require a higher level of protection from adverse impacts caused by the behaviour of companies. Given children's unique stage of physical and psychological development, adverse impacts can be long-lasting and even irreversible. Consequently, companies should include specific provisions in their due diligence rules that take into account children's vulnerability;
Amendment 886 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that companies whose services are likely to be accessed by or likely to have an impact on children, shall take specific measures to identify actual and potential adverse impacts on children's rights. When designing or developing new services or products, companies shall analyse and assess any systemic risks stemming from the functioning and use of their services and products by children in the European Union.
Amendment 890 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The development of a product or a service likely to be accessed by or likely to have an impact on children shall comply with specific standards for safety and safety-by-design tools.
Amendment 936 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) Conduct child impact assessments, including prior to the development of a product or service likely to be accessed by or likely to have an impact on a child. Considering the particularly high risk of adverse impacts on children in the digital environment, providers of hosting or interpersonal electronic communication services and providers of hosting services shall perform risk assessments specific to their services that meet the highest European or International standards. Assessments should include the following systemic risks: a. the dissemination of illegal content or behaviour enabled or manifested as a result of their services; b. any negative effects for the exercise of the rights of the child, as enshrined in Article 24 of the Charter and the UN Convention on the Rights of the Child, and detailed in the United Nations Committee on the Rights of the Child General comment No.25 as regards the digital environment; c. any intended or unintended consequences resulting from the operation or intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of the rights of children;
Amendment 939 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(ab) Implement regulatory frameworks, industry codes and terms of services that adhere to the highest available standards of ethics, safety, security, and sustainability in relation to the design, production, operation, distribution, and marketing of their products or services;
Amendment 949 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, child impact assessments, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 1042 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
(aa) Adapt or remove system design or product development features that expose children to content, contact, conduct, and contract risks, as identified in the child impact assessment; adapt the features or functioning of their services and products and their terms and conditions to ensure they prioritise the best interests of the child;
Amendment 1137 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chains. Companies shall ensure that their internal complaint-handling and redress systems are easy to access and child-friendly, and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints;
Amendment 1158 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable grounds to believe that they might be affected by an adverse impact, in case the complainant is a child, a legal guardian may bring a complaint on behalf of the child.
Amendment 4 #
2021/2234(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to Article 83 of the TFEU, corruption is one of the particularly serious crimes with a cross- border dimension whose consequences affect not only the EU economy, but also undermine democracy and rule of law standards across Europe and citizens’ trust in the institutions;
Amendment 6 #
2021/2234(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the 32nd annual report on the protection of the European Union’s financial interests and the fight against fraud 2020 (PIF report) and welcomes the new graphic version adopted, which is certainly more accessible to European citizens;
Amendment 40 #
2021/2234(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a greater degree of digitalisation, interoperability of comparable data systems and harmonisation of reporting, monitoring and auditing in the EU; calls on the Commission to explore the possibility of using AI in the service of the protection of the EU’s financial interests and to this end, reiterates its call on the Commission to harmonise definitions in order to obtain comparable data across the EU;
Amendment 46 #
2021/2234(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on the Commission to continue providing the Member States with full information on Direct Expenditures, for example by means of the Financial Transparency System (FTS), in particular in the frame of RRF, also in order to avoid double founding;
Amendment 60 #
2021/2234(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is concerned about the decrease of the indictment rate from 53 % in the 2007- 2014 period to 37 % in the 2016-2020 period in the cases put forward to the Member States by OLAF; calls on the Member States’ authorities to cooperate closely with OLAF and examine the transmitted investigation reports and the judicial recommendations carefully, and to open criminal cases wherever they are necessary to ensure that misused EU funds are recovered; invites OLAF to investigatereview its previous analysis on the reasons for the low indictment rate; calls on OLAF to regularly follow up on its judicial recommendations and add data about them into its annual report;
Amendment 62 #
2021/2234(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is of the opinion that OLAF should also follow up on its financial recommendations in order to compare them with the amounts recovered at the end of the procedures by the Commission, and contribute to the overall monitoring on the recovery of funds;
Amendment 71 #
2021/2234(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the joint efforts of OLAF and Europol to assess the threats and vulnerabilities of the RRF instrument; welcomes the working arrangement between OLAF and Europol, which entered into force on 9 October 2020;
Amendment 73 #
2021/2234(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Highlights the role of the EPPO in the new anti-fraud infrastructure; notes, moreover, the working arrangements agreed in 2020 and signed in July 2021 between the EPPO and OLAF, especially as regards the exchange of information, case management and operational cooperation; welcomes the working arrangement between EPPO and Europol, which entered into force on 19 January2021;
Amendment 75 #
2021/2234(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on OLAF, the EPPO, AFCOS, and the responsible EU agencies, and - where empowered by national legislation - the AFCOS to keep strengthening the exchange of information, to reciprocate support and ensure complementarity in their operational activities as agreed in the established working arrangements and regulations;
Amendment 84 #
2021/2234(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Is of the opinion that it is high time for the Commission to fulfil its duties as ‘guardian of the Treaties’ and to tackle the ongoing violations of the principles of the rule of law in several Member States, which represent a serious danger to the Union’s financial interests since compliance with it is a prerequisite for sound financial management and the efficient and effective management of EU funds; calls on the Commission, therefore, to take urgent action and apply the Rule of Law Conditionality Mechanism immediately by sending a written notification under Article 6(1) of Regulation (EU, Euratom) 2020/2092;
Amendment 90 #
2021/2234(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Highlights the detrimental effects of corruption on the rights of the citizens; reiterates therefore its recommendation that the EU should become a member of the Group of States against Corruption (GRECO), bearing in mind the specific nature of the EU, of its institutions and of UE law;
Amendment 97 #
2021/2234(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Welcomes the NextGeneration EU – Law Enforcement Forum (NGEU- LEF), a joint initiative co-led by Europol and Italy, which brings together the EU Member States, Europol, EPPO, OLAF, Eurojust and CEPOL to establish a joint way forward in preventing and countering any threat against the NGEU funds and, more broadly, against the financial well- being of the Union;
Amendment 102 #
2021/2234(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Reiterates the unsatisfactory level of analysis provided in the annexes to the PIF report regarding cases of conflicts of interest stresses that in order to effectively fight corruption and protect the EU’s financial interests, the Commission should adopt a consistent approach to transparency, incompatibilities and conflicts of interest, strengthening internal control mechanisms, illegal lobbying and revolving door situations;
Amendment 225 #
2021/2181(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reaffirms that the practice of surrogate motherhood is contrary to the human dignity of women, whose bodies and reproductive functions are used as commodities; considers that this practice, in which the reproductive functions and bodies of women, especially vulnerable and precarious women, are exploited for commercial purposes or other gain, must be prohibited, and must be addressed as a matter of priority in the context of human rights instruments.
Amendment 1 #
2021/2157(DEC)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reiterates the important role of the Union's justice and home affairs (JHA) agencies and of the European Data Protection Supervisor (EDPS), and the important support they provide to the Union institutions, bodies, offices and agencies, and to the Member States in the areas of fundamental rights, security and justice by carrying out operational, analytical, managerial and monitoring tasks; reiterates, therefore, the need to ensure adequate financial and human resources to the JHA agencies and EDPS;
Amendment 9 #
2021/2157(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the fact that, according to the Court, the agencies have been following up on its observations from previous years, taking corrective actions to address those observations in most cases; calls on the agencies to continue following up the Court's recommendations, in particular in the fields of internal control, public procurement procedures and budgetary management;
Amendment 12 #
2021/2157(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes with satisfaction the joint paper on the COVID-19 response by the JHA agencies, which captures the agencies’ individual and joint efforts to deal with the impact of the pandemic; welcomes the JHA agencies’ replies to the COVID-19 pandemic which hadled to unprecedented challenges for all; welcomes, furthermore, the Court's finding that Union agencies, including JHA agencies, adapted well to the COVID-19 unprecedented situation by activating business continuity plans in good time to ensure key governance processes' continuation and staff's well- being;
Amendment 8 #
2021/2146(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Deeply regrets that the obligation included in Regulation (EU) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 December 2020 has still not been fulfilled; urges the European Border and Coast Guard Agency (the ‘Agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at AD level, as Parliament and the Commission have repeatedly called for; reminds the Agency that that is one of seven conditions set by the Parliament in its previous discharge reports; recognises the progress made by the Agency in that respect; insists that the Agency should ensure - from now on - that fundamental rights monitors are recruited at AD grade and encourages the Agency to further increase the number of fundamental rights monitors beyond the initial 40, which is a threshold and not a ceiling; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020;
Amendment 13 #
2021/2146(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Takes note that a commitment has been undertaken in the briefing note from 27 June 2022 for preparation of an action plan on the remedial actions presented in this document under the lead of the executive director ad interim; expects the action plan to be submitted to the Parliament, as well as an update on its implementation to be presented regularly; considers the progress in implementing the action plan as an important condition for the discharge to the Agency;
Amendment 14 #
2021/2146(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the Agency has postponed the deadline to fully implement recommendation 1of the European Court of Auditors' special report No 8/2021, concerning the improvement of the information exchange framework and of the European situational picture, to 2023, beyond the timeframe for the implementation set out in the Court’s special report (mid-2022);
Amendment 16 #
2021/2146(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Expresses its deep concern about the Agency’s proposed updated rules on PeDRA, or ‘Processing of Personal Data for Risk Analysis', which would purportedly allow for the bulk collection of sensitive personal data from migrants and those seeking international protection in the EU in contravention of EU law; seeks immediate clarification of the Agency’s intentions in that regard;
Amendment 18 #
2021/2146(DEC)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Reiterates, once again, that the dramatic increase in competences and budget which the Agency has seen in recent years must be accompanied by a corresponding increase in accountability and transparency; stresses that the granting of discharge in respect of the implementation of the Agency's budget is conditional on such accountability and transparency, and especially on the Agency's commitment to Union law;
Amendment 27 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the decision to partially grant access to the report of the European Anti-Fraud Office (OLAF) on the investigation conducted with respect to the activities of the Agency, to the members of Parliament’s Committee on Budgetary Control and Committee on Civil Liberties, Justice and Home Affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; underlines that the OLAF report has confirmed the fears and concerns raised by many within the European Parliament over the last number of years; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends, given those findings, to Parliament’s Committee on Budgetary Control not to grant discharge for the financial year 2020;
Amendment 27 #
2021/2146(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NoteRegrets that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (FRMs), as on 1 June 2022, 31 FRMs were in service, with three more to take office on 1 September 2022, more than one and a half year after the deadline set in the Agency’s founding regulation (5 December 2020); noteinsists that the Agency now strives to have 46 FRMs; notes the explanation provided by the Agency that the delay was due to lengthy recruitment procedures in Union institutionshould ensure - from now on - that FRMs are recruited at AD grade and encourages the Agency to further increase the number of FRMs beyond the initial 40, which is a threshold and not a ceiling; notes that the Agency now strives to have 46 FRMs;
Amendment 33 #
2021/2146(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. NoteRegrets that the second condition not yet met is the call on the Agency to suspend its support-related activities to return operations in Hungary, in accordance with Article 46 of Regulation (EU) 2019/18961 and the clear guidance given by the Court of Justice of the European Union to the executive director to implement this article and suspend the activities in Hungary; notes that the Agency, instead of suspending the support- related activities, rather takes additional safeguarding measures to get assurance from the Hungarian authorities that fundamental rights have been respected, and monitors this closely; notes that the Agency’s Fundamental Rights Officers recommends partially suspending return operations and additional safeguards when conductionsng return operations; _________________ 1 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 38 #
2021/2146(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Concludes that the Agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner; calls nevertheless on the Agency, but the full implementation of all conditions is still not achieved; calls on the Agency to fulfil the remaining two conditions, as well as to adopt promptly a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896, in line with the recommendations made by the Agency’s Fundamental Rights Officer in its annual report for 2022;
Amendment 40 #
2021/2146(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Remains concerned that the weaknesses identified in the Court's special report 08/2021 remain present;
Amendment 41 #
2021/2146(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reiterates, once again, that the dramatic increase in competences and budget which the Agency has seen in recent years must be accompanied by a corresponding increase in accountability and transparency; stresses that the granting of discharge in respect of the implementation of the Agency's budget is conditional on such accountability and transparency, and especially on the Agency's commitment to Union law;
Amendment 42 #
2021/2146(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Is disappointed that the Agency is still unable to fulfil the requirement of Regulation (EU) 2019/1896, which provided for the recruitment of at least 40 fundamental rights monitors by December 2020; regrets the fact that the Agency has also still not established a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896; emphasises that Parliament has raised those concerns already on many occasions with the Agency, including in the context of the 2019 discharge procedure;
Amendment 46 #
2021/2146(DEC)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Considers that concerns regarding compliance with fundamental rights obligations have not been allayed; notes, in that regard, that the Agency continues to carry out returns from Hungary, despite the ruling of the Court of Justice of the European Union that such returns are incompatible with the Charter of Fundamental Rights of the European Union; notes, moreover, the assessment of the Agency’s own fundamental rights officer that the Agency’s role in supporting Member States implicated the Agency to some extent in their actions;
Amendment 47 #
2021/2146(DEC)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Reiterates that the significant increase in competences and budget which the Agency has seen in recent years must be accompanied by a corresponding increase in accountability and transparency; stresses that the granting of discharge in respect of the implementation of the Agency's budget is conditional on such accountability and transparency, and especially on the Agency's commitment to Union law; stresses in that context the need for a full clarification of the alleged violations of fundamental rights at the external borders;
Amendment 50 #
2021/2146(DEC)
10. Notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the Committee on Budgetary Control meeting of 28 February 2022 are indeed confirmed in the final report; notes from the statements of the Chair of the Agency’s management board in the Committee on Budgetary Control meeting of 13 July 2022 that actions have been taken in follow-up to OLAF’s conclusions in the final report; notes the comments from the Chair of the Agency’s management board, and the Commission’s deputy director-general for Migration and Home Affairs that the report shows the failings of the individuals concerned, and that there is no structural issueis deeply concerned, by the magnitude of the committed serious misconducts and other irregularities identified by OLAF in the Agency, as well as the level at which they have been committed; considers in this regard that serious remedial actions should be undertaken and that the resolution of the problems discovered by OLAF will take time and will require strong engagement especially by the expected new Executive Director; notes from the statements of the Chair of the Agency’s management board in the Committee on Budgetary Control meeting of 13 July 2022 that actions have been taken in follow-up to OLAF’s conclusions in the final report; expects the Agency’s management to inform the Parliament about its action plan and further actions, as well as about their implementation;
Amendment 59 #
2021/2146(DEC)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
The Court of Auditors' Special Report 08/2021
Amendment 60 #
2021/2146(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Is concerned by the weaknesses identified in the special report of the Court 08/2021 related to gaps and inconsistencies in the information exchange framework, which hinders the capacity of the Agency and the Member States to monitor external borders and to respond when necessary; notes further that risk analysis and vulnerability assessment activities are not always supported by complete and good-quality data, and that the joint operations in the framework of cross-border crime are not yet sufficiently developed in the Agency’s day-to-day activities; is worried that the Court has identified an absence of reporting on the Agency’s efficiency and costs;
Amendment 60 #
2021/2146(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes that the Agency has reported implementation of Recommendation 5 of the Court of Auditors' Special Report No 8/2021 (deadline end of 2021), but is postponing the deadline for implementation of Recommendation 1, regarding the improvement of the information exchange framework and of the European situational picture, by more than a year from mid-2022 to the third and the fourth quarters of 2023; notes further the ongoing/partial implementation of Recommendations 2, 3 and 4 and encourages the Agency to respect the deadline for their implementation by the end of 2022;
Amendment 72 #
2021/2146(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the discharge authority’s concern about the recruitment of the Agency’s fundamental rights monitors in the appropriate grades; callsIs disappointed that the Agency is still unable to fulfil the requirement of Regulation (EU) 2019/1896, which provided for the recruitment of at least 40 Fundamental Rights Monitors by December 2020; recalls the discharge authority’s concern about the recruitment of the Agency’s fundamental rights monitors in the appropriate grades; regrets the fact that the Agency has also still not established a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896; reiterates its call on the Agency to swiftly complete the ongoing recruitment procedures and to work on embedding the work of the FRO into the operational procedures of the Agency; asks the Agency to report to the discharge authority on this matter;
Amendment 75 #
2021/2146(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. NotesIs concerned of the gender unbalance reported for 2020 at senior management level with 15 men (75 %) and 5 women (25 %), at the level of the management board with 50 men (83,3 %) and 10 women (16,7 %), and for the Agency’s staff overall, with 870 men (70,5 %) and 364 women (29,5 %); asks the Agency to ensure gender balance at the management and staff levels in the future; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Agency’s management board;
Amendment 83 #
2021/2146(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Is concerned that OLAF concluded an investigation on 15 February 2022 with a disciplinary recommendation; calls on the Frontex Management Board to undertake all the necessary appropriate follow-up actions regarding OLAF’s recommendation;
Amendment 2 #
2021/2145(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the Fundamental Rights Agency (‘FRA’) for the financial year 201920 to be legal and regular in all material respects and that its financial position at 31 December 2020 is fairly presented; welcomes the fact that the budget of FRA increased from EUR 29 million in 2019 to EUR 30 million in 2020 returning to the state of 2018; regrets the staff decrease from 114 to 105 (-7.9%) during the same time;
Amendment 8 #
2021/2145(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the fact that the Court's observation regarding the introduction of e-tendering and e-submission has been acted upon and completed;
Amendment 13 #
2021/2145(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the important role of FRA in helping to ensure that the fundamental rights of people living in the Union are promoted and protected; recalls the importance of FRA in promoting a reflection on the proper balance between security and fundamental rights; highlights, in particular, the value of FRA’s studies and opinions for the development and implementation of Union law; recalls FRA's commitment on the protection of vulnerable groups and against any form of discrimination;
Amendment 1 #
2021/2144(DEC)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation ('Europol')('the Agency') in supporting Member States' criminal investigations, as well as in the prevention and combating of terrorism, cybercrime and other serious and organised forms of crime across the Union;
Amendment 2 #
2021/2144(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of the European Union Agency for Law Enforcement Cooperation (Europol) ('the Agency')Agency for the financial year 2020 to be legal and regular in all material aspects and that its financial position on 31 December 2020 is fairly presented; highlights the fact that the Agency’s budget increased from EUR 169 million to EUR 183 million (+8.3%) and that its staff increased from 837 to 884 members of staff (+5.6%) compared to 2019;
Amendment 4 #
2021/2144(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Deeply rRegrets that late payments were issued by the Agency in 33% of the cases in 2020 and that EUR 12 000 of interest was incurred as a consequence of those late payments; notes that in 2020 the value of invoices paid late represented 3% of all payments made in 2020 (4.6% in 2019); notes that the Agency has explained this issue in the context of continued understaffing, affecting infrastructure areas in particular, including financial administration, and that this situation has been worsened by the pandemic; welcomes the mitigation actions taken by the Agency to prioritise high-value payments; notes that the Agency is currently taking actions regarding this outstanding observation; calls on the Agency to increase its efforts in this area in order to avoid reputational risk;
Amendment 11 #
2021/2144(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the fact that the Agency correctly implemented the Court's recommendations regarding the minimum threshold for the technical award criterion most relevant to quality, and the checks of the accuracy of underlying prices and of the calculation of discounts applied for the non-standard items;
Amendment 13 #
2021/2144(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Welcomes the measures implemented by the Agency to maintain efficiency in managing procurement procedures and related activities, including placing urgent orders to cover exceptional needs required by the pandemic and amending various contracts in order to adjust the risks linked to the pandemic;
Amendment 20 #
2021/2144(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the working arrangement on cooperative relations between the European Anti-Fraud Office and the Agency signed in 2020, as well as the working arrangement establishing cooperative relations between the European Prosecutor's Office and the Agency approved in 2020;
Amendment 23 #
2021/2144(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Deeply regrets that the Agency was not able to remedy with its Action plan to the requests made by the EDPS in its inquiry which started in April 2019 and covered 2020; calls on the Agency to remedy to all of these issues as soon as possible and within the strict time limit proposed by the EDPS; recalls it is not the first time that the Agency is facing major issues related to data protection;
Amendment 1 #
2021/2143(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes that the Court of Auditors (the 'Court') has declared the transactions underlying the annual accounts of the European Union Agency for Criminal Justice Cooperation (Eurojust) for the financial year 2020 to be legal and regular in all material respects and that its financial position at 31 December 2020 is fairly presented;
Amendment 6 #
2021/2143(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the weaknesses observed by the Court in Eurojust's audited public procurement procedures; acknowledges Eurojust's reply that it will follow the Court's guidance for future public procurement procedures, ensuring the preparation of a more robust ex-ante documentation;
Amendment 6 #
2021/2143(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the reported figures forWelcomes the achieved gender balance within the Agency for 2020 arewith 5 men and 5 women in senior and middle management, and notes with concern the uneven gender distribution with 17 men (65,4 %) and 9 women (34,6 %) in the Agency’s management board, and that the staff overall is composed of 71 men (32%) and 152 women (68%); asks the Agency to ensure gender balance at the staff level in the future; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Agency’s management board;
Amendment 9 #
2021/2143(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Welcomes the fact that Eurojust has completed the Court's observation from 2018 concerning the use of a negotiated procurement procedure deemed as not justified;
Amendment 9 #
2021/2143(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes the fact that the Agency has completed the Court's observation from 2018 concerning the use of a negotiated procurement procedure deemed as not justified;
Amendment 1 #
2021/2140(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the European Union Agency for the Operational Management of Large- Scale IT Systems in the Area of Freedom, Security and Justice (the ‘Agency’) for the financial year 2020 to be legal and regular in all material respects and that its financial position at 31 December 2020 is fairly presented; highlights that in 2020 the Agency's budget increased from EUR 219 million to EUR 256 million (an increase of 16,9 %) and its staff from 223 to 274 (an increase of 22,9 %);
Amendment 4 #
2021/2140(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes with concern the composition of the Agency’s senior management with respect to gender, with two men (100 %) and no women, of the management board with 44 men (81,5 %) and 10 women (18,5 %), and within the staff overall with 184 men (69,7 %) and 80 women (30,3 %); asks the Agency to ensure gender balance at the management and staff levels in the future; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Agency’s management board;
Amendment 5 #
2021/2140(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Welcomes the fact that the Agency has correctly implemented the Court's recommendation concerning the proper assessment of applications in recruitment procedures;
Amendment 10 #
2021/2140(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the fact that the Agency has correctly implemented the Court's recommendation concerning the proper assessment of applications in recruitment procedures;
Amendment 1 #
2021/2136(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the gender distributionwith concern the gender unbalance within the Agency’s senior management, with 7 out of 8 (87,50 %) being men; notes the gender distribution within and the Agency’s management board, with 44 out of 61 (72,13 %) being men; further notes the gender distribution within the Agency’s overall staff, with 109 out of 174 (62,64 %) being men; asks the Agency to ensure gender balance at the management and staff levels in the future; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Agency’s management board;
Amendment 1 #
2021/2133(DEC)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Highlights the important role of the European Monitoring Centre for Drugs and Drug Addiction (the 'Centre’) in providing policy-makers and practitioners with analyses and information concerning drugs and drug addiction as well as emerging trends with a view to effectively countering illicit drug use and trafficking and in contributing to a healthier Europe by addressing important drug-related public health concerns; recalls that drug trafficking has been identified as a main source of profit and a channel of recruitment for organised crime and terrorism, and therefore highlights the contribution of the Centre also to a more secure Europe;
Amendment 2 #
2021/2133(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction (the 'Centre’) for the financial year 2020 to be legal and regular in all material respects and that its financial position at 31 December 2020 is fairly presented; notes that its budget in 2020 increased from EUR 19 million to EUR 23 million (+21%) while its staff decreased from 107 to 102 (- 4.7%);
Amendment 3 #
2021/2125(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes with concern that the Agency reports again gender imbalance for 2020, with regard to senior management positions, reports that as 23 (76,6 %) positions are occupied by men and 7 (23,33 %) by women; notes that the Agency reports, for the management board, a gender balance distribution ofwith regard to the management board, with 14 men (37,8 %) and 23 women (62,2 %) and, forwith regard to staff overall, with 266 men (46,7 %) and 306 women (53,3 %); asks the Agency to ensure gender balance at the senior management level in the future; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Agency’s management board;
Amendment 7 #
2021/2125(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the Agency made a smooth transition to large-scale teleworking for staff, continuing collaboration with external stakeholders and moving the operation of all of the Agency’s bodies online following the outbreak of the pandemic; notes that, according to the Agency’s report, the rapid transition to large-scale, long-term teleworking resulted in significant additional efforts for the Agency’s security unit, not least because not all the Agency’s contractors were prepared for the large- scale teleworking and related arrangements had to be put in place, with high priority; calls on the Agency to carefully evaluate the arrangements in place, including from a cyber-security perspective, andthe perspective of cyber-security, of related risks for business continuity, as well as of the right to disconnect, while respecting the balance between professional and private life;
Amendment 13 #
2021/2124(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Takes note of the European Ombudsman’s decision of 5 February 2021 in strategic inquiry OI/3/2020/TE on 'how the ECDC gathered and communicated information during the COVID-19 crisis' and appreciates the conclusion that no maladministration has been found; notes, however, that despite the acknowledgement of the Ombudsman of the efforts made by the Centre during the COVID-19 crisis to conduct its scientific assessment in a transparent manner, the Ombudsman considers that the mandate of the Centre prevents an independent collection of data, limiting in a significant way its tasks and, furthermore, that there is room for the Centre to improve how it communicates information to the public offering their translations in the largest number of official languages possible; asks the Centre to report to the discharge authority about measures taken for such an improvement;
Amendment 1 #
2021/2122(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of the European Asylum Support Office (the 'Office') for the financial year 2020 to be legal and regular in all material aspects and that its financial position at 31 December 2020 is fairly presented; notes that the Office's budget increased from 118 to EUR 149 million (an increase of 18,6%) between 2019 and 2020, while members of staff increased from 296 to 380 (an increase of 28,4%) within the same period;
Amendment 9 #
2021/2122(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the fact that the Court's observation regarding the establishment of an effective policy for managing rented premises and related services has been acted upon and completed;
Amendment 9 #
2021/2122(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the fact that the Court's observation regarding the establishment of an effective policy for managing rented premises and related services has been acted upon and completed;
Amendment 14 #
2021/2122(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with satisfaction that the Office regularly cooperates with other EU agencies and in particular with the justice and home affairs (JHA) agencies; welcomes the cooperation based on bilateral cooperation agreements, such as working arrangements between the Office and the European Border and Coast Guard Agency (the 'Frontex'), the European Union Agency for Fundamental Rights and the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (the 'eu-LISA'), and cooperation plans with Frontex and eu-LISA in order to better align common projects and share information systematically;
Amendment 19 #
2021/2122(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that in 2020 about 13 600 applications for asylum were lodged by unaccompanied minors in the EU Member States; stresses the importance of providing a specific reception system for minors that protects their condition;
Amendment 20 #
2021/2122(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with concern that the Office has 10 men (83,3 %) and 2 women (16,7 %) in its senior management, that the total staff is composed of 186 men (38,0 %) and 304 women (62,0 %) and that the management board is composed of 21 men (67,7 %) and 10 women (32,3 %); asks the Office to ensure gender balance at the senior management and staff level in the future; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Office’s management board;
Amendment 3 #
2021/2121(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes thewith concern the lack of gender balance within the Agency’s senior management members, with 20 out of 25 (80 %) being men; notes the gender balance and in the Agency’s management board, with 60 out of 80 (75 %) being men; notes the gender balance within the Agency’s overall staff, with 508 out of 744 (68,28 %) being men; asks the Agency to ensure gender balance at the management and staff levels in the future; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Agency’s management board;
Amendment 8 #
2021/2121(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges the Agency’s existing measures and ongoing efforts to ensure transparency, prevention and management of conflicts of interest, and whistleblower protection; welcomes the fact that in 2020 there were no actual cases of conflict of interest; further notes that any potential cases in the Agency could be addressed with mitigating measures; acknowledgnotes that CVs and declarations of interest of most of the board members are published on the Agency’s website;
Amendment 9 #
2021/2121(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that, regarding the follow-up of last year’s Court report, the Agency is streamlining its certification and standardisation activities by launching its Sustainable Aviation Programme in 2020 which can significantly contribute to the implementation of the European Green Deal; notes that in order to attain the European ambitions in sustainability and aviation, the Agency’s priorities focus on supporting and fostering new greener technologies, facilitating decarbonisation of the aviation system, and promoting operational efficiency gains with a positive impact on environmental performance;
Amendment 10 #
2021/2121(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. NotWelcomes, with regard to the follow-up of last year’s Court report, that the Agency has designated a disability coordinator, following the Strategy for the Rights of Persons with Disabilities 2021- 2030, who will be responsible for the reviewing the accessibility of the Agency’s website; calls on the Agency to report to the discharge authority on the developments in this regard;
Amendment 11 #
2021/2121(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes from the Agency’s replies that the Agency has applied an improved social media strategy and redesigned its website to create an area that offers content for a non-specialist audience but calls on the Agency to make the information contained there available in as many official languages as possible, not only in English; notes that this practice allowed the Agency to inform the public about the measures being taken to ensure health safety in passenger travel during the COVID-19 pandemic;
Amendment 1 #
2021/2120(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of the European Union Agency of Law Enforcement Training (CEPOL) for the financial year 2020 to be legal and regular in all material respects and its financial position on 31 December 2020 to be presented fairly; recalls that the budget of CEPOL increased in 2020 from EUR 21 to 32 million (+52 %) while its staff increased from 69 to 84 (+21.7 %);
Amendment 4 #
2021/2120(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes the Court's observations on weaknesses in th Agency's internal control system in relation to the management of budgetary commitments; takes note of the Agency's reply accepting the Court's findings;
Amendment 6 #
2021/2120(DEC)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the actions taken by the Agency to implement the Court's recommendations from previous years;
Amendment 2 #
2021/2119(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes that the Centre accomplished and even exceeded its work plan and the targets and deliverables set therein for 2020 despite the challenges caused by the pandemic;
Amendment 3 #
2021/2119(DEC)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes with satisfaction the good cooperation of the Centre with ETF and Eurofund; notes that the three Agencies have an observer role in each other’s Management Board meetings; notes further that the Centre and ETF also collaborate within the framework of the inter-agency working group with the OECD, the ILO, UNESCO and other international organisations;
Amendment 4 #
2021/2119(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, as regardse uneven gender balance, of the Centre’s senior management is, composed by 4 men (66,7%) and 2 women (33,3 %); notes that regarding its staff overall the gender balance is 57% women and 43% men;
Amendment 6 #
2021/2119(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the Centre’s existing measures and ongoing efforts to secure transparency, prevention and management of conflicts of interest and whistle-blower protection; points out however, that the Centre’s Management Board consists of 94 members (including observers) and 63 alternates; notes that the Centre reported on 28 June 2021 that 93 out of 157 CVs are published on the Centre’s website; notes the absence of some declarations of interest and CVs of the management board and reiterates that all members and alternates who attend management board meetings, or exercise the right to vote, must submit a declaration of interest; notes that the CVs of the Centre’s senior management are published, while the CVs of external and in-house experts are not published; calls on the Centre to ensure full transparency by publishing CVs and declaration of interest of all members of the Management Board and the external and in-house experts concerned;
Amendment 1 #
2021/2118(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes that the Centre developed new linguistic services and working methods for its clients, such as automatic translation, custom machine translation, transcription with and without human intervention, and optimised subtitling;
Amendment 2 #
2021/2118(DEC)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes with satisfaction that in 2020 the use of the common e-recruitment tool named ‘Systal’ was launched in the Centre, and that the Centre participated in two joint selection procedures with the European Medicines Agency allowing to share the resources and efforts invested in establishing reserve lists for horizontal administrative profiles;
Amendment 6 #
2021/2118(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that the Centre only publishes declarations of interests on its website and that it does not publish the CVs of its management board on its website due to the size of the management board (approximately 130 members and alternate members); stresses the fact that other agencies publish the CVs of the members of their respective management boards, even where those management boards have more members than that of the Centre; reiterates its call on the Centre to publish the CVs of all the members of the management board and to report to the discharge authority on the measures taken in that regard; notes that the director’s CV and declaration of interests have been published on the Centre’s website;
Amendment 3 #
2021/2117(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the gender distribution within the BEREC Office’s senior management members, with 3 out of 4 being men (75 %); further notes thenotes with concern the unbalanced gender distribution within the BEREC Office’s management board, with 23 out of 29 being men (79,31 %); notes the gender distribution within the BEREC Office’s overall staff, with 24 out of 42 (57,14 %) being men; encourages the BEREC Office to take measures to improve gender balanceasks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the BEREC Office’s management board;
Amendment 2 #
2021/2116(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Agency continues to use certain measures as key performance indicators to assess the performance of its activities; notes that for each task of the Agency a priority level is given (critical, important), objectives are defined in the annual work plan and performance indicators are defined; notes with satisfaction that the Agency reports that many targets, regardless whether they are critical or important, are not met, due to constraints in human resources; despite the COVID-19 pandemic, the objectives of the 2020 work programme were largely met, with the exception of some goals related to Regulation (EU) No 1227/20111a that were performed to a lesser extent due to constraints in human resources; _________________ 1aRegulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, p. 1).
Amendment 4 #
2021/2116(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that the aAgency reported to have one woman (16,7 %) in its senior management and five men (83,3 %); notes that among its staff overall, the gender radistribution is 68 men (67,3 %) and 33 women (32,7 %); encourages the Agency to take measures to improve the gender balance; notes that the Agency’s management board is composed of four men (44,4 %) and five women (55,6 %);
Amendment 6 #
2021/2116(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the Agency needs more staff and resources, primarily for implementing its tasks related to wholesale energy market integrity and transparency and for monitoring unprecedentedly increased energy market transactions;
Amendment 1 #
2021/2114(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets that the Court of Auditors’ (the Court’s) report on the implementation of the budget concerning the financial year 2020 does not contain any remarks about the European Data Protection Supervisor (EDPS); notes especially in this regard the positive continued growth of the EDPS in the financial year in question, in terms of both financial and human resources, allowing EDPS to fulfil its mandate;
Amendment 10 #
2021/2114(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the key role of the EDPS in the Union justice and home affairs framework, ensuring the full respect for the right of privacy and data protection; notes the numerous unparalleled questions the EDPS was faced with in its supervisory role with regards to the European Public Prosecutor’s Office (the EPPO); appreciates the support offered by the EDPS to the EPPO with regards to the establishment of its personal data processing rules, as well as the support offered to other Union agencies within the justice and home affairs framework, such as Europol and Eurojust;
Amendment 13 #
2021/2114(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes furthermore that at the end of 2019, a new supervisory framework for the processing of personal data at Eurojust came into force, under which the EDPS is responsible for monitoring Eurojust's compliance with the applicable Union rules on data protection; welcomes in that regard the close cooperation between the EDPS and Eurojust throughout the year 2020;
Amendment 22 #
2021/2114(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the 2020 annual report published by the EDPS; welcomes the fact that in 2020 the EDPS met or surpassed the targets set in five out of eight key performance indicators; notes that in 2020, 72.97 % of the EDPS's allocated budget was implemented, a lower figure compared to 2019 (92 %) and below the 2020 target (90 %); acknowledges the EDPS's explanation that that is mainly due to the COVID-19 crisis, which significantly affected its activities;
Amendment 24 #
2021/2114(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Welcomes the Procurement Process Guide published on the EDPS intranet in order to provide EDPS staff with detailed guidance on different procurement procedures;
Amendment 25 #
2021/2114(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Welcomes the ongoing efforts of the EDPS to becoming a paperless institution, including the continuation of paperless interviews in 2020, the intention to automate appraisal, probation and evaluation reports via the implementation of new modules in the human resources interface in 2021, and the implementation in 2020 of paperless finance systems with respect to the processing of payments, budget management and procurement;
Amendment 20 #
2021/2106(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the close cooperation between the Court and the European Anti-Fraud Office (OLAF) to protect the budget of the Union; notes that in 2020 the Court referred six cases of suspected fraud to OLAF (compared to nine in 2019) and that for all those cases an investigation was opened by OLAF;
Amendment 1 #
2021/2060(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to the UN Convention on the Rights of the Child, in particular article 35 thereof,
Amendment 3 #
2021/2060(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 6 #
2021/2060(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption,
Amendment 7 #
2021/2060(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Parliament resolution of 6 October 2021on the impact of intimate partner violence and custody rights on women and children,
Amendment 12 #
2021/2060(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. Whereas an increasing number of children and adolescents come into contact with the judicial system in civil, administrative and family law areas, mainly due to the increase in the number of divorces and separations, but also because of adoption, migration, etc.;
Amendment 17 #
2021/2060(INI)
Motion for a resolution
Recital A
Recital A
A. whereas children and adolescents have the right to be heard and, to express their views, and to participate in any proceedings concerning their well-being and future life arrangements;
Amendment 19 #
2021/2060(INI)
Motion for a resolution
Recital B
Recital B
B. whereas participation in court and administrative proceedings should not cause additional trauma or stress for the child and Member States should, therefore, set up multidisciplinary panels in courts or specialised sections to create an environment that does not incite fear in children involved in legal proceedings, in order to minimise the psychological and emotional impact that such circumstances may cause; Whereas multidisciplinary panels should be composed of childcare specialists, in order to accompany the child in the best possible way throughout the entirety of proceedings, in particular the most vulnerable children such as children with disabilities or migrants;
Amendment 22 #
2021/2060(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas children in the home and family environment, in a situation where there is conflict between parents, may be victims of ‘witnessed violence’ through experiencing any form of ill treatment carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore essential to pay due attention to such types of violence at the hearing of the child in separations and foster care cases, ensuring that the best interests of the child are the primary consideration;
Amendment 23 #
2021/2060(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Member States are obliged to establish procedural safeguards, guarantees and rules which govern hearings of the child; whereas these provisions differ greatly between the Member States howeverand therefore minimum procedural safeguards should be established at EU level also in civil matters, as already provided for in criminal matters, in particular as regards the way in which children are heard in civil, administrative and cross border family law proceedings;
Amendment 40 #
2021/2060(INI)
Motion for a resolution
Recital K
Recital K
K. whereas children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection in all Member States, procedural guarantees and minimum standards in order to protect the child in all Member States, as established by the Directive (EU) 2016/800;
Amendment 44 #
2021/2060(INI)
Motion for a resolution
Recital L
Recital L
L. whereas every child has a right to know and be cared for by their parents; whereas in the case of separation, every child has a right to maintain personal relations and direct contact with both parents on a regular basis, unless it ison a regular basis with both parents, as well as with relatives in each parental branch, if the parents are unavailable or, failing that, with a reference figures chosen by him or her, unless the competent authorities determine that this would be contrary to the child’s best interests;
Amendment 57 #
2021/2060(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respected and implemented in full and the best interests of the child should be given priority in accordance with Article 24 of the Charter of Fundamental Rights of the EU;
Amendment 61 #
2021/2060(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. strongly recommends that the Member States establish multidisciplinary panels in courts or specialised sections composed of support services consisting of trained professionals, such as doctors or psychologists, including professionals qualified in child neuropsychiatry and specialised social workers, as well as prepare appropriate laws, training, procedures and guidelines for all professionals involved in legal proceedings involving children;
Amendment 63 #
2021/2060(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to presentpare, without undue delay, a set of common guidelines or similar non- legislative tool, which should includen impact assessment with a view to propose a directive laying down procedural guarantees and minimum standards at EU level, in particular with regard to how to conduct hearings of children in civil, administrative and family law matters, and in the meantime to present a set of common guidelines, codes of conduct, recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or trained expert and that no pressure is applied, including from the parents; stresses that such hearings, in particular in the examination of cases of child custody and foster care in separation and divorce proceedings, as well as in asylum applications, should take place in a child-friendly setting and be appropriate for the age and maturity of the child in terms of language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected and ensuring that the competent authority gives due consideration for the child’s views in accordance with their age and maturity;
Amendment 67 #
2021/2060(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. stresses that the hearing of the child, especially in cases of suspected domestic or family violence and ‘witnessed violence’, should always be conducted in the presence of qualified professionals, doctors or psychologists, including professionals qualified in child neuropsychiatry, in order to analyse the effect of trust in others on the harmonious development of the child and to avoid deepening their trauma and victimisation;
Amendment 82 #
2021/2060(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to enablguarantee access to high-quality legal representation for children involved in civil, administrative and family disputes, at the expense of the state especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;
Amendment 98 #
2021/2060(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions and decisions related to the recognition of parenthood of same-sex coupless well as in cases of separation, divorce, adoption, asylum application and decisions related to the recognition of parenthood of same-sex couples always taking into account the best interests of the child in line with Article 24 of the Charter of Fundamental Rights of the EU and Article 35 of the UN Convention on the Rights of the child;
Amendment 109 #
2021/2060(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the United Kingdom no longer participates in cooperation under the Brussels IIa Regulation and Maintenance Regulation; calls on the Commission to urgently assess the need to adopt a bilateral toolmost appropriate means, including a bilateral tool, to address the existing legal uncertainty between the EU and the United Kingdom in the field of civil, administrative and family proceedings concerning children;
Amendment 111 #
2021/2060(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission, in this regard, to take due consideration of Parliament’s resolution of 2 February 2017 on cross-border aspects of adoptions, and reiterates its call for, including the annex thereto providing for the adoption of a regulation on the cross-border recognition of adoption orders, in order to create a clear legal framework and provide families with the necessary legal certainty for an adoption order legally issued in one Member State to be recognised in another;
Amendment 2 #
2021/2025(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines that the Union's financial interests shall be protected in accordance with the general principles embedded in the Union Treaties, in particular the values in the Article 2 TEU, and with the principle of sound financial management enshrined in the Article 317 of the TFEU;
Amendment 8 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the rRule of lLaw is an essential precondition for compliance with the principle of sound financial management and for the protection of the Union’s financial interests, which can only be ensured if public authorities act in accordance with the law, if cases of fraud, corruption, conflicts of interest or other breaches of the law are pursued effectively by investigative and prosecution services, if national courts are independent, and if the decisions of the Court of Justice of the European Union are respected, and if the public scrutiny is maintained by free, independent and pluralistic media;
Amendment 15 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of the Commission’s first Rule of Law Report as a basis on which to build the new cycle of the rule of law mechanismthe reflection of the European Rule of Law Mechanism, which is designed as a yearly cycle of dialogue and assessment in order to promote this principle and to prevent problems from emerging or deepening in the Member States; welcomes the inclusion among its pillars of the justice system, the anti-corruption framework, and other institutional checks and balances, as these are particularly relevant for monitoring the protection of the EU budget;
Amendment 19 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, in line with the Report, that effective justice systems which are independent and efficient are essential for upholding the rule of law; highlights, in particular, the needguaranteeing effective judicial protection anda fair trial in compliance with all rights, both substantive and procedural, deriving from Union law and for upholding the rule of law; highlights, in particular, that in order to achieve effective justice in civil, criminal, commercial and administrative cases for citizens and businesses it is necessary for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, in accordance with the principle of separation of powers;
Amendment 23 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to provide information in its future reports about the way Member States respect the rRule of lLaw and effectively protect the Union’s financial interests, for both EU budget revenue and expenditure, and to highlights well as to put emphasis on cases where breaches of the principles of the Rule of Law in a particular Member State could affect or seriously risks to the Union budget; in affecting the Union's financial interests in a sufficiently direct way; emphasistes that the reports should provide specific assessments and recommendations to the Member States in order to strengthen their preventive role;
Amendment 28 #
2021/2025(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the Commission shall take into account relevant information from pertinent sources and recognised institutions as relevant, with an emphasis on the European Court of Auditors, the EU Justice Scoreboard, the European Anti-Fraud Office, and the European Public Prosecutor's Office;
Amendment 29 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is deeply preoccupied by the fact that judicial independence continues to be a subject of serious concern in some Member States; expresses its regret that Hungary and Poland lodged an action for annulment of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget in March 2021, which aims to address breaches of the rule of law with an impact on the Union’s financial interests; recalls that Regulation (EU, Euratom) 2020/2092 entered into force on the 1st of January2021 and is not subject to the adoption of guidelines or judicial interpretation;
Amendment 31 #
2021/2025(INI)
4. Calls on the Commission to assess not only the existence but also the effectiveness of the national anti- corruption strategies, and to use that knowledge to update and enhance the Union’s anti-corruption framework; underlines that anti-corruption frameworks shall cover areas such as, inter alia, ethical rules, awareness-raising measures, rules on asset disclosures, incompatibilities and conflicts of interest, public procurement, internal control mechanisms, rules on lobbying, and revolving doors; highlights likewise that national strategies shall incorporate tools to prevent, detect risk, halt and sanction cases of corruption and fraud, as well as mechanisms to recover the profit from those cases;
Amendment 38 #
2021/2025(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that, in order to improve the quality, efficiency, and independence of the judicial systems of Member States, the report should also address the persistent gender and cultural gaps in Member States' judicial systems, in particular in the fulfilment of senior positions;
Amendment 38 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that transparency, access to public information, the protection of whistleblowers and an overall culture of integrity in public life are key factors that indispensable corruption to beto identifiedy and to prevented; underlines the importance of harmonising definitions and methodologies to obtain comparative data across the EU corruption;
Amendment 39 #
2021/2025(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that significant differences remain between Member States in the level of participation in training dedicated to the legal professions, and that such training is essential for the correct implementation and application of Union law; believes that the Rule of Law Report should include an analysis of national strategies for European judicial training to assess whether it is sufficiently geared to strengthen the common European legal culture based on the principles of mutual trust and the rule of law;
Amendment 40 #
2021/2025(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Warns that the lack of uniform, up to date and consolidated statistics across all Member States hinder the assessment and comparison of data about the investigation and prosecution of corruption offences; calls, therefore, on the Commission to support and to promote the Union-wide harmonisation of definitions of such offences, as well as a better use of the existing data sets and the methodology to develop new ones in order to obtain comparative data across the EU on the treatment of corruption cases;
Amendment 44 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States and, in particular, the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) in the fight against corruption; calls on the Commission to propose the provision of adequate budget, resources and or any kind of support necessary for the aforementioned institutions and bodies;
Amendment 48 #
2021/2025(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates that Regulation (EU, Euratom)Believes that the situation as regards the respect of the principles of the Rule of Law in some Member States is extremely worrying and seriously risks affecting the sound financial management of the Union budget; reiterates that the general regime of conditionality as defined in the Regulation 2020/2092 has beenis in force since 1 January 2021 and is not subjected to the adoption of any guidelines or judicial interpretation.; calls on the Commission for an immediate action under the aforementioned Regulation, using the existing investigation tools, without any further delay; insists in the role and competences of the Parliament, in particular the right to be duly informed by the Commission, in the procedures of the Rule of Law instruments;
Amendment 64 #
2021/2025(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses how the measures taken following the COVID-19 pandemic in several Member States have given a further impetus to the use of ICT tools aimed at facilitating the communication of the courts with the parties and lawyers, thereby increasing transparency and allowing online access to judicial decisions; however, calls on the Commission to assess the impact of the digitalisation of justice on the most vulnerable citizens, i.e. those who do not have the means or do not have the necessary skills to access a digital justice system, in particular people at risk of poverty, the elderly, people with physical or mental disabilities and marginalized groups;
Amendment 68 #
2021/2025(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Stresses that in order to tackle the COVID-19 pandemic, all Member States have had to impose certain restrictions on fundamental freedoms, such as the freedom of movement, the freedom of assembly or the freedom to conduct a business; recalls that in order to ensure an effective balance of powers that protects and respects the rule of law, it is crucial to ensure that such restrictions of rights are necessary, proportionate, limited in time and subject to supervision by national parliaments and courts;
Amendment 99 #
2021/0391(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Where a JIT has multiple JIT space administrators, those JIT space administrators should agree among themselves, as soon as the JIT collaboration space including third countries is established and at the latest within two weeks, about one of them to be controller of the data uploaded by those third countries.
Amendment 174 #
2021/0391(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where an evaluation of the JIT is envisaged, non-operational data pertaining to each JIT collaboration space shall be stored in the centralised information system until the JIT evaluation has been completed. The retention period shall not exceed five yeartwelve months.
Amendment 177 #
2021/0391(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. If there is more than one data controller in accordance with paragraph 1 they shall be considered joint controllers in accordance with Article 21 of Directive (EU) 2016/680 and Article 28 and 86 of Regulation (EU) 2018/1725.
Amendment 181 #
2021/0391(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. With regard to data uploaded to the JITs collaboration platform by the competent authorities of third countries, the JIT space administrator who is the responsible data controller of the data uploaded by the third countries shall be determined within two weeks. Otherwise all JIT space administrators shall be considered joint controllers in accordance with Article 21 of Directive (EU) 2016/680.
Amendment 4 #
2021/0244(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Facilitating access to financial information is necessary to prevent, detect, investigate or prosecute serious crime, including terrorism. In particular, swift access to financial information is essential for carrying out effective criminal investigations and for successfully tracing and subsequently confiscating instrumentalities and proceeds of crime, particularly in organised crime investigations.
Amendment 11 #
2021/0244(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Similarly to under Directive (EU) 2019/1153, and as regards access to and the consultation of bank account information via the BAR single access point, Member States should consider the nature, organisational status, role and prerogatives of the authorities and bodies, established under national law, responsible for preventing, detecting, investigating or prosecuting criminal offences, including the existing mechanisms to protect financial systems from money laundering and terrorist financing.
Amendment 40 #
2021/0240(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Cross-border nature of crime, especially organised crime, and criminal proceeds endanger Union financial system efforts relating to prevention of money laundering and financing of terrorism and to countering organised crime. Those efforts have to be tackled at Union level through the creation of an Authority responsible for contributing to the implementation of harmonised rules. In addition, the Authority should pursue a harmonised approach to strengthen the Union’s existing AML/CFT preventive framework, and specifically AML supervision and cooperation between FIUs. That approach should reduce divergences in national legislation and supervisory practices and introduce structures that benefit the smooth functioning of the internal market in a determined manner and should, consequently, be based on Article 114 TFEU.
Amendment 54 #
2021/0240(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authority to get a high-ranking appointment in the private sector after his term of office and to prevent any post-public employment conflicts of interests, a cooling-off period of at least three years for the five Members of the Executive Board, including the Chair of the Authority, should be introduced.
Amendment 59 #
2021/0240(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To guarantee the proper functioning of the Authority, and to allow it to carry out all the tasks assigned to it under this Regulation, the Authority should be provided with adequate staffing and adequate financial resources; funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial regulation for approval.
Amendment 67 #
2021/0240(COD)
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64 a) Five years after the Authority becomes fully operational, the Commission should conduct a review of the Authority's performance in relation to its mandate, objectives and tasks and its contribution to the non-quantifiable objective of tackling organised criminal groups by depriving them of their assets;
Amendment 72 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes, including virtual assets and cryptocurrencies, under the Union restrictive measures across the internal market;
Amendment 128 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of onthree years after ceasing to hold office, the former members of the Executive Board, including the Chair of the Authority, are prohibited from engaging in a gainful occupational activity with
Amendment 151 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
3. On the occasion of every second evaluation, there shall be an assessment of the results achieved by the Authority having regard to its objectives, mandate and tasks, including an assessment of whether the continuation of the Authority is still justified with regard to these objectives, mandate and tasks. That assessment shall consider that the work carried out by the Authority always involves national home affairs and judicial authorities, as well as several already existing EU agencies, and that therefore its performance depends on the effectiveness of the Union AML/CFT system as a whole;
Amendment 203 #
2021/0240(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Cross-border nature of crime, especially organised crime, and criminal proceeds endanger Union financial system efforts relating to prevention of money laundering and financing of terrorism and to countering organised crime. Those efforts have to be tackled at Union level through the creation of an Authority responsible for contributing to the implementation of harmonised rules. In addition, the Authority should pursue a harmonised approach to strengthen the Union’s existing AML/CFT preventive framework, and specifically AML supervision and cooperation between FIUs. That approach should reduce divergences in national legislation and supervisory practices and introduce structures that benefit the smooth functioning of the internal market in a determined manner and should, consequently, be based on Article 114 TFEU.
Amendment 289 #
2021/0240(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authority to get a high-ranking appointment in the private sector after his term of office and to prevent any post-public employment conflicts of interests, a cooling-off period of at least three years for the five Members of the Executive Board, including the Chair of the Authority, should be introduced.
Amendment 297 #
2021/0240(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To guarantee the proper functioning of the Authority, and to allow it to carry out all the tasks assigned to it under this Regulation, the Authority should be provided with adequate staffing levels and adequate financial resources; funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial regulation for approval.
Amendment 299 #
2021/0240(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Without prejudice to the obligations of the Member States and their authorities, the processing of personal data on the basis of this Regulation for the purposes of the prevention of money laundering and terrorist financing should be considered lawful, in particular, to the extent that it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Authority under Article 5 (1) (a) of Regulation (EU) 2018/1725 of the European Parliament and of the Council41 and Article 6 (1) (e) of Regulation 2016/679 of the European Parliament and of the Council42 , or when it is necessary for compliance with a legal obligation to which the controller is subject pursuant to Article 5 (1) (b) of Regulation (EU) 2018/1725 and Article 6 (1) (c) of Regulation 2016/679. When developing any instruments or taking any decisions that may have a significant impact on the protection of personal data, the Authority should closely cooperate, where relevant, withonsult the European Data Protection BoardSupervisor established by Regulation (EU) 2016/679 and with the European Data Protection Supervisor established by Regulation (EU) 2018/1725 to avoid duplication8/1725. The Authority should adopt internal rules in accordance with Article 25 of Regulation (EU) 2018/1725 which may restrict the rights of the data subjects, when such restrictions are necessary for the performance of its tasks. _________________ 41 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 42 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 302 #
2021/0240(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) Regulation (EU) 2016/679 of the European Parliament and of the Council applies to the processing of personal data for the purposes of this Regulation. Regulation (EU) 2018/1725 of the European Parliament and of the Council applies to the processing of personal data by the Union institutions and bodies for the purposes of this Regulation.
Amendment 310 #
2021/0240(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) The choice of the location of the seat of the Authority should ensure an equitable geographical distribution of institutions, bodies and agencies of the Union among Member States.
Amendment 311 #
2021/0240(COD)
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) Five years after the Authority becomes fully operational, the Commission should conduct a review of the Authority's performance in relation to its mandate, objectives, tasks and contribution to the non-quantifiable objective of tackling cross border criminal activities, in particular organised criminal groups by depriving them of their assets;
Amendment 318 #
2021/0240(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) contributing to identify and assess risks and threats of money laundering and terrorist financing across the internal market, as well as risks and threats originating from outside the Union that are impacting, or have the potential to impact the internal market;
Amendment 344 #
2021/0240(COD)
Proposal for a regulation
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1 The choice of the location of the seat of the Authority shall ensure an equitable geographical distribution of institutions, bodies and agencies of the Union among Member States.
Amendment 345 #
2021/0240(COD)
Proposal for a regulation
Article 4 – paragraph -1 a (new)
Article 4 – paragraph -1 a (new)
-1a The choice of the location of the seat of the Authority shall also take into consideration the quality of the national AML/CFT framework, experience of local authorities, availability of highly qualified staff training centre(s) for AML/CFT activities, adequate security, reputation and background. The choice of the location of the seat of the Authority shall also comply with the following conditions: (a) it shall not affect the Authority’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Authority is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall ensure that the Authority can benefit from the location’s IT services and infrastructures in order to maintain an effective management of the FIU.NET; (f) it shall ensure that the Authority can rely on an adequate and conducive hosting capacity and infrastructures so as to offer a suitable venue for supranational and multi-lateral activities.
Amendment 347 #
2021/0240(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Authority shall therefore have its seat in […]
Amendment 408 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point -a (new)
Article 5 – paragraph 5 – point -a (new)
(-a) maintain an up-to-date list of FIUs within the Union;
Amendment 409 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point -a a (new)
Article 5 – paragraph 5 – point -a a (new)
(-aa) monitor changes in FIUs’ legal status and framework, tasks, powers, organization, focusing on resources and powers for the performance of their tasks;
Amendment 411 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) develop appropriate methods and procedures for the conduct of such joint analyses of cross-border cases;
Amendment 415 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point h
Article 5 – paragraph 5 – point h
(h) support the interaction of FIUs with obliged entitieeffective compliance by obliged entities and interaction with FIUs by providing specialised training to obliged entities, including improving their awareness and procedures to detect suspicious activities and financial operations and their reporting to the FIUs;
Amendment 464 #
2021/0240(COD)
1. The Authority shall establish and keep up to date a central database of information collected pursuant to paragraph 2. The Authority shall analyse the information received and ensure that it is made available to supervisory authorities on a need-to-know and confidential basis. The Authority may share the results of its analysis on its own initiative with supervisory authorities for the purposes of facilitating their supervisory activities. The data collected pursuant to paragraph 2 shall be treated in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EU) 2018/1725 of the European Parliament and of the Council.
Amendment 481 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority shall establish time limits for the erasure of personal data or for a periodic review of the need for storage of personal data collected pursuant to paragraph 2. Procedural measures shall ensure that those time limits are observed.
Amendment 836 #
2021/0240(COD)
-1. The Authority shall define methods and criteria for the selection and prioritisation of cases relevant for joint analyses, in accordance with Article 25 of [OP please insert the next number to the AMLD, COM(2021)423]. FIUs shall identify cases which, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423] and with respect to the criteria referred to in the first subparagraph, could be made subject to joint analysis with one or several FIUs in other Member States and shall notify the Authority thereof. The Authority shall establish, on a regular basis, a list of cases that can be submitted to joint analyses, taking account of the priority pursuant to the methods and criteria mentioned in the first subparagraph, and shall invite FIUs to express their interest and availability to take part in the analyses. Based on FIU's availability and on the level of priority, the Authority shall establish a work programme and launch joint analysis exercises accordingly.
Amendment 844 #
2021/0240(COD)
3. Upon explicit consent of the FIUs participFIUs participating in joint analyses shall make available any relevant informationg in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joaccordance with Article 24 of [OP please insert the next number to the AMLD, COM(2021)423]. The staff of the Authority supporting the joint analysis shall access to and process data relevant to that purpose int analysis and shall be able to process those dataccordance with Article 6 (3) (c) of this Regulation.
Amendment 859 #
2021/0240(COD)
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Executive Board shall determine the rights and obligations of the FIU delegates in relation to the Authority. FIUs shall ensure that their FIU delegate is able to comply with those rights and obligations.
Amendment 888 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. The supervisory authorities, FIUs and obliged entities shall make every effort to comply with those guidelines and recommendations.
Amendment 908 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2a. Member States shall aim to ensure a gender balance in the representatives of supervisory authorities of obliged entities that they nominate.
Amendment 918 #
2021/0240(COD)
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Amendment 928 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The five members of the Executive Board referred to in paragraph 1, point (b), shall be selected following an open selection procedure which shall be published in the Official Journal of the European Union. They shall be appointed by the General Board based on the shortlist drawn by the Commission. The selection shall respect the principles of experience, qualification, gender balance, and, to the extent possible, gender and geographical balance.
Amendment 935 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of onthree years after ceasing to hold office, the former members of the Executive Board, including the Chair of the Authority, are prohibited from engaging in a gainful occupational activity with
Amendment 940 #
2021/0240(COD)
Proposal for a regulation
Article 53 – paragraph 4 – point m a (new)
Article 53 – paragraph 4 – point m a (new)
(ma) appoint a Fundamental Rights Officer from the existing staff.
Amendment 945 #
2021/0240(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Amendment 976 #
2021/0240(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The Administrative Board of Review shall be composed of five individuals of high repute, having a proven record of relevant knowledge and professional experience, including supervisory experience in the area of anti- money laundering and countering the financing of terrorism, excluding current staff of the Authority, as well as current staff of AML/CFT supervisory authorities and FIUs or other national or Union institutions, bodies, offices and agencies who are involved in the carrying out of the tasks conferred on the Authority by this Regulation. A gender balance shall be ensured in the composition of the Administrative Board of Review. The Administrative Board of Review shall have sufficient resources and expertise to assess the exercise of the powers of the Authority under this Regulation.
Amendment 1045 #
2021/0240(COD)
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall, after being authorized by the Commission, consult the European Data Protection Supervisor established by Regulation (EU) 2018/1725. The Authority may also invite national data protection authorities as observers in the process of drafting such guidelines and recommendations.
Amendment 1066 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
3. On the occasion of every second evaluation, there shall be an assessment of the results achieved by the Authority having regard to its objectives, mandate and tasks, including an assessment of whether the continuation of the Authority is still justified with regard to these objectives, mandate and tasks. Such an assessment shall consider that the work carried out by the Authority will always involve national home affairs and judicial authorities, as well several already existing EU agencies, and that therefore its performance will depend on the effectiveness of the EU AML/CFT system as a whole;
Amendment 3 #
2020/2246(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas Article 310(6) of the TFEU states that ‘the Union and the Member States, in accordance with Article 325, shall counter fraud and any other illegal activities affecting the financial interests of the Union’; whereas Article 325(2) of the TFEU states that ‘Member States shall take the same measures to counter fraud affecting the financial interests of the Union as they take to counter fraud affecting their own financial interests’; whereas Article 325(3) of the TFEU states that ‘the Member States shall coordinate their action aimed at protecting the financial interests of the Union against fraud’ and that ‘they shall organise, together with the Commission, close and regular cooperation between competent authorities’; whereas under Article 325(4) of the TFEU the European Court of Auditors must be consulted on any measures to be adopted by the legislator in the fields of the prevention of and fight against fraud affecting the EU’s financial interests;
Amendment 5 #
2020/2246(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the diversity of legal and administrative systems in the Member States needs to be adequately addressed in order to overcome irregularities and combat fraud and corruption; whereas the Commission should further strengthen its efforts to ensure that the fight against fraud and corruption is implemented effectively and produces more tangible and more satisfactory results;
Amendment 10 #
2020/2246(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the 31st Annual report on the protection of the EU’s financial interests and the fight against fraud, which underlines the achievements of 2019 with regards to the consolidation of the institutional framework on the fight against fraud and irregularities at Union level achieved by the transposition into national law by 128 Member States by the end of 2019 of the measures provided for in the Directive on the fight against fraud to the Union’s financial interests by means of criminal law (‘the PIF Directive’) with the remaininga total of 22 Member States doinghaving done so by June 2020;
Amendment 17 #
2020/2246(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the number of fraudulent irregularities reported in 2019 (939 cases) and their related financial amounts (approximately EUR 461.4 million) decreased significantly compared to 2018; notes that, looking at a5-year period (2015-2019), the number of reported fraudulent irregularities was 40% less than in 2015, and 25% below the 5-year average; notes that in 2019, 514 irregularities reported as fraudulent relating to expenditure represented 0.3% of 2019 payments, and 425 reported as fraudulent on revenue corresponded to 0.3% of gross amount of Traditional Own Resources collected for 2019;
Amendment 31 #
2020/2246(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that sixteen revenue anti- fraud measures were reported by the Member States in 2019, in particular eight in the area of customs fraud, five in tax fraud, and three measures concerning both customs and tax fraud; notes that an evaluation process on Regulation 515/97 started in 2019 within the Commission, to determine how useful Regulation 515/97 has been on preventing customs fraud;
Amendment 99 #
2020/2246(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Notes that in the area of enhancing transparency, fighting corruption and preventing conflicts of interest in public procurement, eight measures of legislative, organisational and administrative nature were reported by the Member States in 2019;
Amendment 110 #
2020/2246(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the importance of the Early Detection and Exclusion System (EDES); notes the Judgment of the General Court of 13 May 2020 in Case T-290/18, "AGMIN" v Commission, in which the Court of Justice has confirmed the validity of the respective roles of the panel and the authorising officers, and that the adversarial procedure led by the panel had fully respected the right to be heard of the entity concerned; invites the Commission to analyse the impact of a possible extension of EDES to shared management;
Amendment 112 #
2020/2246(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recalls the need for a more incisive and effective response and coordination at both Union and national level in the fight against corruption and organised crime with particular focus on transnational and cross-border aspects, in order to tackle, also through the use of Artificial Intelligence tools, while respecting the protection of personal data, fraudsters’ constant ability to adapt to new technologies and scenarios;
Amendment 127 #
2020/2246(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes with concern that no information is provided on the analysis of cases of conflicts of interest, despite the relevance of the new provision adopted in 2018 in the Financial Regulation and the well-known importance and impact of this phenomenon and calls on the Commission to fill this gap in the next PIF Report, as well as to pay further attention to frauds related to public procurement;
Amendment 129 #
2020/2246(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Highlights that, with a view to effectively counter corruption, in order to protect the EU’s financial interests, the Commission should adopt a holistic and coherent approach, fostering enhanced rules on transparency, incompatibilities and conflicts of interest, internal control mechanisms, lobbying and revolving doors;
Amendment 130 #
2020/2246(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Invites the Commission to explore new avenues for the PIF report to be shared and analysed alongside other annual reports, including the Rule of law report, and sources of information, including through an enhanced dialogue between Europol, Eurojust and EPPO, to help identify trends in fraudulent and non- fraudulent irregularities, to detect weaknesses and to provide useful lessons learnt to enhance the adoption of fraud- proofing measures by all stakeholders;
Amendment 1 #
2020/2221(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to Special Report No. 13 of the European Court of Auditors entitled "EU efforts to combat money laundering in the banking sector are fragmented and implementationis insufficient" on money laundering,
Amendment 2 #
2020/2221(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
— having regard to the package of four legislative proposals to consolidate EU standards to combat money laundering and terrorist financing (AML/CFT) published by the Commission on July 20, 2021,
Amendment 11 #
2020/2221(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that value-added tax (VAT) fraud is another major component of revenue fraud; regrets the systemic weaknesses of the current intra- Community VAT system and the insufficient exchange of information between Member States; is concerned by the fact that criminal groups have been proven to exchange knowledge, information and intelligence in the area of VAT fraud;
Amendment 22 #
2020/2221(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that post-COVID economic recovery efforts call for the highest level of vigilance to prevent and counter infiltrations of organised crime in the legal economy; underlines in that regard that, as part of an EU coordinated approach, the EU agencies and bodies, such as EPPO, Eurojust, Europol and OLAF, should step up their operational cooperation in order to effectively contribute to fight against organised crime activities and potential fraud of the EU recovery budget; welcomes, in this regards, the recent conclusion of working arrangement between EPPO and OLAF;
Amendment 23 #
2020/2221(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Welcomes the set-up of the Next Generation EU - Law Enforcement Forum in Rome on 21September 2021; the Forum, co-chaired by Italy and Europol, aims at outlining the criteria and best practices to prevent any misuse of the NGEU - Recovery Fund, including by organised criminal groups;
Amendment 31 #
2020/2221(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that regular and structured exchanges of information on irregularities in the use of funds should take place between the competent national and EU administrations as well as between the relevant EU and national law enforcement and judicial authorities.
Amendment 34 #
2020/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned that the task of estimating the extent and severity of the impact of organised crime on the EU budget has repeatedly been judged to be extremely difficult or even impossible, due, among the other reasons, to the different definitions of organized crime among all the Member States; regrets that the Commission lacks insight into the scale, nature and causes of fraud, and has to date not carried out a consistent assessment of undetected fraud; stresses that the lack of reliable estimates prevents an accurate assessment of the situation, which hampers the fight against organized crime;
Amendment 49 #
2020/2221(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Commends the Commission on the new legislative package aimed at revising the AML/CTF framework, a single set of rules that represents a major step forward in the fight against money laundering and will allow for a uniform application of AML/CTF legislation; welcomes, in particular, the proposal for the creation of a new EU agency, as well as the new proposals on crypto-assets, a largely unregulated sector widely exploited by organised crime, which moves large flows of illicit money with impunity on the crypto-currency market;
Amendment 50 #
2020/2221(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets that the national approaches to tackle organised crime vary significantly across Member States in terms of legislation, strategies and operational capacity; notes that this is partly due to varying levels of adoption and implementation of EU legislation; highlights in particular the varying role and capabilities of Anti-Fraud Coordination Services (AFCOS) in Member States, which complicate coordination at the national and EU level;
Amendment 57 #
2020/2221(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. NRegrets that a recent research indicates that some Member States do not prioritize fraud involving EU funds to the same extent as fraud affecting domestic spending; notes that although the Commission has encouraged Member States to develop national anti-fraud strategies (NAFS), only 13 Member States have done so and none of them used the template provided by the Commission; notes with concern that these differences across Member States pose obstacles for efficient cooperation;
Amendment 59 #
2020/2221(INI)
21. Calls on the Commission to develop a common approach for assessing the impact of organised crime andon UE funds and evaluate the effectiveness of measures taken to tackle the problem across Member States; regards as crucial a timely, complete and effective exchange of comparable data andinformation, and therefore reiterates the importance of harmonizing definitions inf ormationder to achieve comparable data across EU bodies and Member States to estimate the impact of the activities of organised crime on EU finances and swift action to combat it;
Amendment 64 #
2020/2221(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States and the Commission to consider a more coherent use of all the available tools to detect and tackle fraud, in particular the Arachne IT platform and EDES; emphasises that the interoperability of Arachne, EDES, institutional and national databases is crucial for ensuring an effective information exchange aimed at preventing and identifying fraud against the EU budget; and reiterates its call on the Commission, and in particular on the Member States in the Council, to move closer to Parliament's position in favour of making the use of Arachne compulsory; calls on the Commission to consider the extension of the application of EDES to funds under shared management;
Amendment 77 #
2020/2221(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that an important step in fighting organised crime is making it less profitable; recalls in this regard the work of OLAF, whose investigations are a crucial tool in the fight against fraud; regrets that the indictment rate following recommendations by OLAF to Member States is low and follows a downward trend, as it decreased from 53 % in the 2007-2014 period to 37 % in the 2016- 2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years, and that the most recent assessment covering the years 2002 to 2016 indicates a recovery rate of 30 %; calls on OLAF and the Commission to investigate the underlying reasons and on the Member States to fulfil their legal obligation to recover the funds and to cooperate closely with the Union bodies, to ensure that funds misused by organised crime are effectively recovered;
Amendment 6 #
2020/2201(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas people between 0 and 25 years old represent one third of Europeans; whereas their voice is exceptionally important and the future of Europe is theirs;
Amendment 9 #
2020/2201(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas Articles 12 until 17 of the UNCRC include the civil and political rights of children and form important components of ensuring that children will be able to participate effectively in public decision-making processes;
Amendment 11 #
2020/2201(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas Article 24 of the EU Charter of Fundamental Rights prescribes that children may express their views freely and that such views shall be taken into consideration on matters which concern them in accordance with their age and maturity;
Amendment 14 #
2020/2201(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the 2019 elections to the European Parliament showed that there is still progress to be made to increase participation of people with a racial or ethnic minority background in European elections and their representation as elected members and staff of the European parliament;
Amendment 17 #
2020/2201(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
A e. whereas political rights – including the acquisition of citizenship – are a major driver for migrant inclusion.1a _________________ 1aFundamental Rights Agency, Together in the EU - Promoting the participation of migrants and their descendants, 2017.
Amendment 18 #
2020/2201(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
A f. whereas the EU recognised the need to support initiatives that seek to remove institutional and structural barriers to equality, inclusion and participation of underrepresented and disadvantaged groups in society, including by promoting their role and contribution in society and demystifying the legacy of colonialism2a; _________________ 2a Some of the recognised reasons are lack of political will to facilitate and include underrepresented voters, systemic and institutionalised discrimination and polarisation, socio-economic challenges as a preliminary obstacle to political participation and insufficient financial support. https://ec.europa.eu/info/sites/info/files/eu -citzen_-_type_a_report_-_infographics_- _a4_full.pdf
Amendment 19 #
2020/2201(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
A g. whereas the EU highlighted the specific challenges faced by racialised communities, including migrants and refugees, with the COVID-19 crisis, notably that the risk of rising racism and xenophobia may represent additional obstacles tot heir participation in the labour market and in society at large3a; _________________ 3a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Union of equality : EU anti- racism action plan 2020-2025.
Amendment 42 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Encourages EU Member States to include children’s rights and the functioning of the EU as part of national curricula and promote engagement by young people in EU decision-making processes;
Amendment 70 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop accessible, innovative and inclusive tools for citizens’ participation and dialogues, and to offer them a non-bureaucratic and comprehensive website or other medium, easily accessible to everyone and providing citizens with all European participatory initiatives; underlines that social media plays a crucial role, especially for children, as it is currently, even more than ever, their common place;
Amendment 75 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the EU Institutions and Member States to ensure participation by a diverse range of people and to introduce necessary measures to reduce discrimination or exclusion on the basis of gender, ethnicity, race, social status, sexual orientation, religion or disability;
Amendment 81 #
2020/2201(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the European Commission and the Member States to proactively address the under- representation of racial and ethnic minorities in public institutions and political and policy processes, including by supporting their capacity-building and empowerment, and by enhancing their representation in decision-making positions at national and European level;
Amendment 85 #
2020/2201(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the European Commission to work with European political parties, the European Cooperation Network on Elections and civil society to improve political participation; calls on the Commission to commit to this work under the European democracy action plan and the Commission’s forthcoming report on EU citizenship;
Amendment 88 #
2020/2201(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Calls for the EU to support studies on increasing participation of minorities in public and political life;
Amendment 95 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that EU Member States should expressly recognise the rights of children to engage in civic action, including the rights to assemble peacefully, to associate and to express themselves; notes that information required by children to exercise these rights should be provided in a form that is easily accessible and understandable and that any barrier to the exercise of these rights should be removed;
Amendment 101 #
2020/2201(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on the EU Institutions and Member States to enact laws which guarantee the rights of children to participate in all matters affecting them, including public decision-making processes; considers that law and policy should be specific and provide guidance on the format, structure, operation and evaluation of all child participatory mechanisms; stresses that sufficient financial and other resources must be made available to ensure sustainable and effective mechanisms are introduced and maintained;
Amendment 104 #
2020/2201(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on the EU Institutions and Member States to facilitate direct contact between children and decision-makers and provide adequate training and support to adults engaging with children; notes that the benefits of child participation should be shared with the wider community in order to generate widespread acceptance of the practice and to transition societies to the systemic use of child participation mechanisms;
Amendment 107 #
2020/2201(INI)
8 d. Urges the EU Institutions and Member States to make provision for dedicated spaces for children to come together to participate indecision-making processes; underlines that children’s involvement should be voluntary and they should always be treated with respect; recalls that all processes should be fully transparent and clearly explained to all involved and that processes and spaces should be child-friendly, safe and sensitive to risk;
Amendment 109 #
2020/2201(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Commends child-specific consultations conducted by the European Commission and supports the set up of an EU Children’s Participation Platform in the future; welcomes the inclusion of young people in the Digital Platform and Citizens’ Panels of the Conference on the Future of Europe; urges the EU institutions to create structural ways to ensure similar engagement with children and young people in the future on a structural basis;
Amendment 111 #
2020/2201(INI)
8 f. Stresses that the EU Commission and Member States should include mechanisms for feedback, evaluation and monitoring in all official child participation mechanisms; considers that feedback should be provided directly to children in a timely manner and in a format that is easily accessible by children; advises that the evaluation of participation mechanisms should be undertaken by independent monitoring bodies and that recommendations made by such bodies and other international oversight committees should be accepted, considered and actioned where necessary;
Amendment 1 #
2020/2194(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ʽCourtʼ) has declared that, overall, the audit of the annual accounts of the agencies for the year ended 31 December 2019 and the revenue and payments underlying them confirmed the positive results reported in previous years, and the fact that the Court has certified the legality and regularity of the annual accounts of all JHA agencies and the revenue underlying these accounts for the year which ended on 31 December 2019;
Amendment 3 #
2020/2194(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls the important role of JHA agencies in supporting and advising Member States in the fields of security, justice and fundamental rights; reiterates the need to ensure the provision of adequate financial support for JHA agencies in order to fulfil their mandates in a fully transparent manner and in full compliance with fundamental rights;
Amendment 4 #
2020/2194(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities in regard to public procurement procedures and related payments; is disappointed that the legality and regularity of payments only slowly improved in 2019; regrets that, once again, there were irregular payments, representing 14,6 % of the value of all payments made by EASO in 2019; Aacknowledges that the Executive Director is taking action to improve the management of EASO and is demonstrating a strong commitment to addressing as a matter of priority the organisational flaws within EASO; welcomes the improvements made by the new management, as recognised also by the Court; urges EASO to maintain this commitment and to report back to the Committee on Civil Liberties, Justice and Home Affairs on a regular basis;
Amendment 20 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the importance to ensure an adequate gender balance in all agencies' governing bodies;
Amendment 21 #
2020/2194(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Welcomes the fact that the Court has declared that in most cases agencies have taken corrective actions to address previous years' audit observations and calls on the JHA agencies to continue their efforts to follow up on the Court's observations;
Amendment 3 #
2020/2181(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that 2019 was the first year after the entry into force of regulation(EU)2018/17261a; welcomes the efforts made by the Agency to adapt to these new rules which have expanded the mandate of the Agency; 1a Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
Amendment 6 #
2020/2181(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes note that the audit showed that a payment of 284 000 euros for the provision of “corrective maintenance in working order of the Schengen Information System” was not in compliance with the contractual provisions; notes that this was due to unavoidable operational reasons; Welcomes the progress made regarding the Court’s recommendations from previous years; deplores that the Court detected further shortcomings in the quality, completeness and consistency of information related to that contract; takes note of the Agency's reply that the irregular payment was necessary to comply with its legal obligation to continuously maintain the Schengen Information System as the procedure for the successor framework contract was launched too late;
Amendment 8 #
2020/2181(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the new organisational structure put in place by the Agency to reinforce the capabilities needed for operational planning and the underlying procurement, including the provision of legal and technical input, but calls for further efforts to ensure compliance with procurement rules and more accurate reporting;
Amendment 10 #
2020/2181(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that the assessment of applications against the eligibility criteria was not always sufficiently rigorous in the recruitment procedures, which led, in one case, to unequal treatment of candidates; acknowledges that the Agency has undertaken to ensure that all candidates receive equal treatment and that, to this end, it has introduced electronic recruitment tools to carry out automatic checks so as not to repeat the same mistakes;
Amendment 11 #
2020/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the progress made regarding the Court’s recommendations from previous years; notes, however, that the Agency still does not publish vacancy notices on the website of the European Personnel Selection Office (EPSO); calls, therefore, on the Agency to take steps to ensure publication of vacancies through the EPSO website; notes that the construction of the new building on the Strasbourg site has been completed.
Amendment 3 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, including terrorism and organised crime;
Amendment 9 #
2020/2172(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the fact that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of Europol for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly represented; highlights that the Europol’s budget and staff increased from 156 to 169 million EUR (+8.3%) and from 826 to 837 (+1.3%) respectively;
Amendment 13 #
2020/2172(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%); stresses the highly specialised investigations supported by Europol in recent years to counter highly sophisticated organised criminal networks, drug trafficking, illicit waste disposal and illicit trafficking on dark web;
Amendment 18 #
2020/2172(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019. ; takes note of Europol's reply that it exerted due diligence and applied the principle of sound financial management, and of Europol's commitment to commence an internal audit with a view to obtaining additional assurance on its contract management approach;
Amendment 24 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the fact that Europol correctly implemented the Court's recommendation regarding the publication of vacancy notices on the website of the European Personnel Selection Office (EPSO);
Amendment 26 #
2020/2172(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on Europol to increase its efforts in making payments within prescribed terms; welcomes the mitigation actions taken by Europol in this regard, thanks to which in 2019 an overall immaterial interest amount of 1.624,53 EUR was paid;
Amendment 29 #
2020/2172(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes that the current proportion of women in Europol's Management Board is 12 out of 53 members (22.6%); recalls that pursuant to Article 10(3) of Regulation (EU) 2016/794 the principle of a balanced gender representation on the Management Board shall be taken into account; asks Europol to take measures in this respect.
Amendment 2 #
2020/2167(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants/Refuses to grant the Executive Director of the European Border and Coast Guard Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2019;
Amendment 6 #
2020/2167(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Border and Coast Guard Agency for the financial year 2019 / Points out that a proposal to close the accounts of the European Border and Coast Guard Agency for the financial year 2019 must be submitted at a subsequent part-session;
Amendment 14 #
2020/2167(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls the finding of the Court of Auditors (the ‘Court’) regarding financing agreements that reimbursements were still based on actual costs instead of on unit costs, and the associated issues identified with supporting evidence; recalls that this issue was also identified in the discharge for 2018; notes from the Agency’s follow- up report that the Agency has piloted the unit cost approach for heavy equipment with two Member States and an analysis was made on the use of unit costs for the deployment of human resources and light technical equipment; notes that in the pilot projects for heavy equipment revealed that the unit cost approach would increased the total costs, as the financial consequences of unpredictable events such as weather conditions, repairs and days needed for transfer of the asset, that are now reimbursable on the basis of presented evidence, would need to be factored into the unit cost; calls on the Court the examine the unit cost approach piloted by the Agency and inform the discharge authority if this approach is indeed not suited for heavy equipment;
Amendment 20 #
2020/2167(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the Court’s Special Report 08/2021 entitled ‘Frontex’s support to external border management: not sufficiently effective to date’; notes the Court’s conclusion that the Agency’s support to Member States and Schengen associated countries in fighting against illegal immigration and cross-border crime is not sufficiently effective and that the Agency has not fully implemented its mandate under Regulation (EU) 2016/16243 since it has not taken the measures necessary to adapt its organisation to address that mandate; notes further that the Court highlighted significant risks related to the Agency’s mandate under Regulation (EU) 2019/18964 ; _________________ 3 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 4Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 27 #
2020/2167(DEC)
7. Notes the Court’s conclusion that although a functional information exchange framework is in place to support the fight against illegal immigration, it did not function well enough to provide accurate, complete and up-to-date situational awareness of the Union’s external borders; notes that the Agency dispatches timely and relevant migration information about the situation at the external borders and provides information about specific events; notesis concerned, however, someby serious drawbacks as far as external border control is concernedundermining complete situational awareness at the Union external border, such as the lack of information, technical standards for border control equipment, a common catalogue for cross-border crime reporting, and near- real-time information about the situation at the Union’s air borders, and delays in updating the common integrated risk analysis model;
Amendment 30 #
2020/2167(DEC)
9 a. Is concerned by the Court’s finding that the Agency did not provide adequate information about the impact or cost of its activities and that the Agency did not carry out a robust evaluation of joint operations, did not explain any deviation or identify the impact of any gaps in resources, and did not provide information about the real costs of its joint operations; highlights that the Agency has an obligation to provide adequate information about the impacts and costs of its activities to ensure transparency and accountability;
Amendment 32 #
2020/2167(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the Commission and the Agency accepted or partially accepted, all recommendations of the Court and calls on the budgetary authority to look into the possibility to put a part of the Agency’s future budget appropriations in a reserve that can be made available when the following conditions are met: a. at least 40 fundamental rights monitors are recruited at AD grade in line with Article 110 of Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624; b. three deputy executive directors are recruited in line with Article 107 of Regulation (EU) 2019/1896; c. a detailed specific procedure for the implementation of Article 46 of Regulation (EU) 2019/1896 is adopted; d. milestones in the implementation of the Court’s recommendations are met;
Amendment 44 #
2020/2167(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the establishment of the Frontex Scrutiny Working Group (FSWG) by Parliament’s Committee on Civil Liberties, Justice and Home Affairs; notes that the Frontex Scrutiny Working GroupSWG published its report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations on 14 July 2021; notes that the Frontex Scrutiny WSWG did not find conclusive evidence on the direct performance of pushbacks and/or collective expulsions by Frontex, but concluded that Frontex found evidence supporkting Group found no proof of the Agency’s involvement in alleged illegal pushbacksallegations of fundamental rights violations in Member States with which it had a joint operation, but failed to adequately address these violations; notes that the FSWG found deficiencies in Frontex’s mechanisms to monitor, report and assess fundamental rights situations and developments and deficiencies in cooperation with Member States; highlights the concern of the FSWG over the lack of cooperation of the Executive Director to ensure compliance with the fundamental rights provisions of the Regulation (EU) 2019/1896; calls on the Agency to act on the recommendations of the FSWG without delay;
Amendment 52 #
2020/2167(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes the conclusions of the European Ombudsman’s enquiry into the Agency complaints mechanism for reporting breaches of fundamental rights and the Fundamental Rights Officer; notes that the Ombudsman identified shortcomings in the complaints mechanism, which may make it more difficult for individuals to report alleged fundamental rights violations and seek redress; notes that the Ombudsman identified delays in fulfilling the obligations of the Agency in this regard;
Amendment 64 #
2020/2167(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. NStrongly disapproves of the delay in appointing the fundamental rights officers and the fundamental rights monitors, especially in light of the extension of the Cabinet of the Executive Management of Frontex; notes that the Agency’s fundamental rights officer took office on 1 June 2021; notes the statements of the Agency’s executive director that the recruitment of a first batch of 20 fundamental rights monitors is completed, with the fundamental rights monitors starting their training from 1 June 2021, and that the appointment of a second batch of 20 fundamental rights monitors is ongoing; further notes the statement that of those 20 fundamental right monitors, five have been appointed at AD level and fifteen at AST level; is concerned that this lower ranking might affect the effectiveness of the monitors; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; is deeply concerned that this obligation remains unfulfilled and insists that the Agency swiftly appoints the remaining 20 fundamental rights monitors at AD grade; notes the Agency’s statement that those remaining 20 fundamental rights monitors will be recruited from an established AD 7 reserve list, once additional AD7 posts have been allocated to the Agency;
Amendment 1 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; highlights the continuous increase in total number of cases supported by Eurojust in the past five years and stresses the recent trend of cases referred to Eurojust becoming more and more complex and requiring support over longer periods; highlights that working together through Eurojust in 2019, national judicial and law enforcement authorities brought trade in illicit drugs worth EUR 2.7 billion to a halt, and about EUR 2 billion in criminal assets were seized or frozen; reminds that the workload is expected to increase further due to the new mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate, also in the view of an effective cooperation with the European Public Prosecutor’s Office; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 11 #
2020/2158(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the fact that Eurojust correctly implemented the Court's recommendation regarding the publication of vacancy notices on the website of the European Personnel Selection Office (EPSO);
Amendment 1 #
2020/2153(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the important role of the European Monitoring Centre for Drugs and Drug Addiction (the 'Centre’) in providing policy-makers and practitioners with analyses and information concerning drugs and drug addiction as well as emerging trends with a view to effectively countering illicit drug use and trafficking and in contributing to a healthier Europe by addressing important drug-related public health concerns; recalls that drug trafficking has been identified as a main source of profit and a channel of recruitment for organised crime and terrorism, and therefore highlights the contribution of the Centre also to a more secure Europe;
Amendment 8 #
2020/2153(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the fact that the observation of the Court regarding the financial contribution from Norway to the Centre, which was not in line with the envisaged contribution mechanism, has been acted upon and completed;
Amendment 10 #
2020/2153(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Highlights the contribution of the Centre, by means of its annual reports, to the development of the EU Agenda and Action Plan on Drugs 2021-20251a, and the role the Centre is going to play in its implementation; _________________ 1a COM(2020) 606 final.
Amendment 9 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; acknowledges that these carry- overs mainly reflect the nature of the agency’s core activities that include the financing of studies and other activities that span several months and eventually beyond year-end; welcomes that, since 2018, the Agency has aimed at improving the planning procedures to better monitor delays between the signature of contracts, deliveries and payments, and calls on the Agency to further improve its financial planning and its implementation cycles;
Amendment 19 #
2020/2152(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the fact that the Court's observation regarding the difficulties encountered by the Agency in procuring studies, due to unrealistic market estimation, has been acted upon and completed;
Amendment 20 #
2020/2152(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Acknowledges the complex nature of the studies carried out by the Agency, covering the law and practice of all Member States; highlights in particular the commitment of the Agency to the protection of vulnerable groups and on all types of discrimination within the Union; welcomes that the Proposal for a Council Regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights1a clarifies that the scope of the Agency's activities covers the competences of the Union and therefore includes the thematic areas of police cooperation and judicial cooperation in criminal matters. _________________ 1a COM(2020) 225 final
Amendment 5 #
2020/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the Commission’s use of its right of legislative initiative has been neithernot always been constructive norand productive in recent years; believes that the same holds true of the frequent use of recast procedures and the lack of proper impact assessment;
Amendment 6 #
2020/2132(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that the European Parliament is the only institution of the Union directly elected by its citizens and that it is the only parliamentary assembly in the world that does not have the power of direct legislative initiative, unlike national parliaments; believes that the current institutional architecture represents a democratic deficit, which is difficult to understand for European citizens;
Amendment 7 #
2020/2132(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Recommends that the Commission strengthens transparency and simplifies accessibility to documents, in particular to impact assessments and existing direct participation tools, such as online public consultations available in the 23 Union languages, or other feedback mechanisms on specific issues, as well as to consider introducing new mechanisms of direct democracy, that would allow for a wider participation of European citizens throughout the Union's legislative process;
Amendment 17 #
2020/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that Article 68 TFEU recognized a preponderant role to the European Council that has a de facto right of initiative when defining the strategic guidelines for legislative and operational planning within the area of freedom, security and justice, which does not constitute a level playing field, as co- legislators, between Parliament and the Council, as laid down in the Interinstitutional Agreement on “Better Lawmaking”; underlines moreover the early influence by the Member States via their participation in numerous Commission advisory bodies;
Amendment 33 #
2020/2132(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Condemns the consistent lack of proper response to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights based on Parliament’s proposal of 2016 and the Commission’s annual report on the rule of law, governed by an interinstitutional agreement between the three institutions, consisting of an annual cycle of monitoring Union values, covering all aspects of Article 2 TEU and applying in an equal, objective and fair manner to all Member States in accordance with the principles of subsidiarity and proportionality; reiterates its call on the Commission and the Council to enter without delay into negotiations with Parliament on the interinstitutional agreement;
Amendment 38 #
2020/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates its reasoned proposal on the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded; reiterates its deep concern that the standard modalities for hearings do not ensure equal treatment for Parliament, on the one hand, and the Commission and one third of the Member States, on the other, for presenting the reasoned proposal and access to information; expresses its regret that the hearings have not yet resulted in any significant progress on addressing clear risks of a serious breach of the values; considers that the Union remains structurally unprepared to counter the backsliding of democracy, fundamental rights and the rule of law and their violations in the Member States and points out that the Council’s failure to make effective use of Article 7 of the TEU continues to undermine the integrity of common European values, mutual trust, and the credibility of the Union as a whole.
Amendment 3 #
2020/2072(INL)
Motion for a resolution
Citation 8
Citation 8
— having regard to the United Nations instruments on the protection of human rights and fundamental freedoms, including the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, and the case-law of the United Nations treaty bodies,
Amendment 16 #
2020/2072(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 50 #
2020/2072(INL)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
Amendment 51 #
2020/2072(INL)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 52 #
2020/2072(INL)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
Amendment 54 #
2020/2072(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas democracy, the rule of law and fundamental rights are mutually reinforcing principles;
Amendment 59 #
2020/2072(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the concept of rule of law includes, among other things, principles such as legality, legal certainty, prohibiting the arbitrary exercise of executive power, effective judicial protection by independent and impartial courts and judicial review, the separation of powers, and equality before the law;
Amendment 61 #
2020/2072(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Points to the complementarity that should exist between the EU Justice Scoreboard, which allows for an overview comparison between Member States, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State, and calls on the Commission to present again the anti-corruption reports that have been discontinued since 2016, as a further useful evaluation tool;
Amendment 63 #
2020/2072(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas effective independence and impartiality of courts, as well as the guarantee of an effective and full access to justice, also for children, are fundamental requirements to ensure a fair trial and the protection of all the rights deriving from Union law;
Amendment 65 #
2020/2072(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess ICT tools and other means put in place by Member States at the disposal of citizens to facilitate their access to justice, in particular citizens with disabilities or belonging to vulnerable groups, such as national minorities and migrants, with particular attention to unaccompanied minors; calls on the Commission to monitor the correct application of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings;
Amendment 77 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
Amendment 80 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU weaken the cohesion of the European project, the rights of all Union citizens and of persons on Union territory and mutual trust among the Member States;
Amendment 88 #
2020/2072(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
Amendment 97 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
Amendment 105 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
Amendment 116 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens and persons on its territory; insists that the Union must remain a champion of freedom and justice in Europe and the world;
Amendment 126 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 138 #
2020/2072(INL)
3. recognises that the Union remains structurally ill-equipped to tackle democratic and, rule of law and fundamental rights violations and backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 153 #
2020/2072(INL)
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 164 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports and calls on the Commission to present again the anti-corruption reports that have been discontinued since 2016, as a further useful evaluation tool; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures;
Amendment 171 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
Amendment 182 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 258 TFEU, the procedure under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 188 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the accreditation status of national human rights institutions and theexistence, and, where they do exist, the formal and functional independence of national human rights institutions, as also reflected in their accreditation status, and the enabling space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 201 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedurein accordance with the principle of mutual sincere cooperation as enshrined in Article 13(2) TEU; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 214 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisibreaches of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 217 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
Amendment 230 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 234 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 6
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 247 #
2020/2072(INL)
Motion for a resolution
Annex I – part 1 – point 1
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and strengthening respect forpromote, strengthen and enforce respect for the founding Union values, in accordance with Article 2 TEU, by coordination and cooperation.
Amendment 250 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 2
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow- up stage.
Amendment 255 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts on a regular basis, civil society organisations and human rights defenders on a regular basis. The Working Group shall regularly make the reports on its work publicly available.
Amendment 257 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 a (new)
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
Amendment 259 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 264 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, civil society organisations, professional associations and networks, Council of Europe bodies and United Nations bodies to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report, subject to the contributors' consent.
Amendment 271 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 6
Annex I – part 2 – point 6
6. The Commission shall draw on all information at its disposal when preparing the Annual Report. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the Council of Europe, including the Venice Commission and, the Group of States against Corruption and the Group of Experts on Action against Violence against Women and Domestic Violence, and other international organisations that produce relevant studies.
Amendment 274 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutions shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporate the findings in the Annual Report.
Amendment 277 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 280 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values inenshrined in Article 2 TEU in each of the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 290 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 10
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 293 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall make use of their respective powers under the Treaties with a view to contributing to an effective follow-up. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 300 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 302 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13 a (new)
Annex I – part 2 – point 13 a (new)
13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
Amendment 305 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
Amendment 311 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission shall either upon its own initiative or at the request of the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 318 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 17
Annex I – part 3 – point 17
17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions mayshall consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report.
Amendment 320 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 19
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
Amendment 326 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – introductory part
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that theall institution initiating a proposal under Article 7(1) TEU iss are able to participate in the hearings under Article 7(1) TEU where that proposal is presented and isare consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU.
Amendment 333 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 337 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21 a (new)
Annex I – part 3 – point 21 a (new)
21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
Amendment 1 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the particularly close historical ties binding the European Union (EU) and Africa, and the EU’s major contribution both in terms of development aid1 and in the smooth functioning of the Afat an equal and sustainable cooperation based on political dialogue, joint ownership, solidarity and mutual confidence is paramount for tackling common challenges and achieving shared goal. Recalls that the EU is the world’s leading donor of development and humanitarican Union (AU)2; _________________ 1 EUR 19.6 billion, 46%aid and that the Union's action ofn the overall total (2018)https://ec.europa.eu/commission/pr esscorner/detail/en/qanda_20_375 2USD 327 million, 42% of its budget, E- 003478/2018international scene shall be guided by the principles of democracy, the rule of law, respects of human rights, the principles of equality and solidarity;
Amendment 15 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecognises that corruption is a complex global phenomenon which hampers efforts aimed at promoting democratic governance, socio-economic transformation, sustainable development, peace and security and may lead to many human rights violations; calls for the strengthening of efforts to combat corruption and staggering inequalities – constituting as it does a major obstacle to effective development, preventing Africa’s peoples from fully benefiting from the effects of joint EU-AU policies – to be taken into account in the comprehensive strategy with Africa; recommends EU and AU to better implement and enforce the existing national and international anti- corruption instruments and to make use of new technologies and digital services; highlights that the fight against corruption should also include measures to fight money-laundering, tax evasion and illicit financial flows;
Amendment 20 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 31 #
2020/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that managing migration and mobility within Africa and between Africa and EU requires a common approach that must be founded on the principles of solidarity, partnership, shared responsibility and mutual accountability and guided by the respect for human rights and international and maritime law. This approach should also include common strategies to address and effectively tackle the root causes of forced displacement and migration; calls on the EU to further develop an effective resettlement policy and to Member States to make all the necessary efforts to offer their resettlement places to a meaningful number of refugees.
Amendment 41 #
2020/2041(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 49 #
2020/2041(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the need to guarantee fair and accessible asylum procedures for people in need of international protection both in the EU and in African countries; recalls that mass expulsions and refoulement are prohibited under EU and international law principles; emphasises that returns should only be carried out safely after the assessment of each individual case and the undertaking of complaints procedure and that voluntary returns should always be prioritised over forced returns.
Amendment 56 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the digitisation and modernisation of public administration in African countries, in particular with a view to developing reliable civil registration agencies andproviding for equal access and equal opportunities for all citizens, thus stabilising democracy; calls for the strengthening of efforts to promoting data exchange so as to combat terrorism, transnational and organised crime;, including cybercrime and trafficking in human beings; all data exchanged must be subject to relevant data protection and privacy laws
Amendment 66 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes Africa’s sustained economic growth; calls, therefore, on the AU to do its utmost to guarantee a decent future for its young people, the main driving force behind the continent’s development4 , and thus to contribute to stopping the arrival of unaccompanied minors in Europe and to cooperate in readmitting those eligible for return; _________________ 4 62% of sub-Saharan Africa’s population is under 25 years of age https://population.un.org/wpp/Publications/ Files/WPP2019_Highlights.pdf
Amendment 74 #
2020/2041(INI)
5a. Emphasises the pivotal role played by civil society, worldwide in supporting democracy and consolidating the political dialogue; stresses the need to increase the participation of civil society organisation - including NGOs in the EU-Africa Strategy process.
Amendment 84 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the security and interests of bothe European and African continent and itstheir citizens to be taken into account.
Amendment 14 #
2020/2029(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Directive 2011/93/EU of the European Parliament and of the Council of13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision2004/68/JHA,
Amendment 55 #
2020/2029(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there are many forms of trafficking, but they are all based on the abuse of the inherent vulnerability of the victims and aimed at the exploitation of human beings;
Amendment 65 #
2020/2029(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. Whereas trafficking is a highly gendered phenomenon and sexual exploitation remains the most prevalent form of trafficking in the EU since 2008;
Amendment 70 #
2020/2029(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas societal tolerance of gender inequality and violence against women and girls and the lack of public awareness of the issues surrounding THB perpetuate a permissive environment for THB and a culture of impunity;
Amendment 80 #
2020/2029(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas trafficking in human beings is a complex transnational phenomenon that can be tackled effectively only if the EU institutions, Member States and international organisations work together in a coordinated manner;
Amendment 85 #
2020/2029(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas THB is a crime driven by high demand and profits, estimated at of EUR 29,4 billion a year, according to Europol; whereas differences between legislation in Member States greatly facilitate the activities of organised crime, there is still too low risk of prosecution and a high level of impunity and the sanctions applied to deter this crime are inadequate in comparison with the high profits;
Amendment 87 #
2020/2029(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Whereas law enforcement authorities in the EU have witnessed a considerable increase in intra-EU trafficking and that nearly half (49%) of all victims of trafficking in the EU are EU citizens and more than one third (27%) of all EU victims are trafficked internally within one’s own country;
Amendment 104 #
2020/2029(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of the funding of the Asylum, Migration and Integration Fund (AMIF), the Daphne Program and Internal Security Fund (ISF) programmes to continue to be used for projects tackling THB, as well as using other available instruments, such as the Rights, Equality and Citizenship Programme, EMPACT actions, EU-UN Spotlight Initiative, the EU Trust Fund for Africa, Glo.Act Initiative, the Development Cooperation Instrument and the European Development Fund;
Amendment 141 #
2020/2029(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to monitor the use of digital technologies, internet and social media for THB as the predominant tools used to recruit trafficking victims and to regulate third party responsibility for technology companies hosting exploitative materials;
Amendment 163 #
2020/2029(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on all Member States to ensure that early expert legal intervention and advice is provided to potential victims of THB at the earliest possible moment, including accessible information about their legal rights and options;
Amendment 189 #
2020/2029(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that while the full impact of the COVID-19 pandemic is not yet measurable, it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of THB, especially women and children; underlines that online exploitation, particularly of a sexual nature, has grown during the pandemic, and urges, therefore, the Member States to adopt more coherent and effective actions against online exploitation, with the support of the relevant European agencies such as Europol;
Amendment 191 #
2020/2029(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that while the full impact of the COVID-19 pandemic is not yet measureable, it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of THB, especially women and children; calls on Member states to ensure effective functioning of NRMs and equivalent systems and that they should be updated to respond to emerging THB trends during the COVID- 19 pandemic;
Amendment 220 #
2020/2029(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Member States to ensure gender-specific provision of services and supports to victims of THB that is appropriate to their needs, recognizing any needs that may be specific to the form of trafficking to which they have been subjected; Calls on the Member States to address the needs of LGBTI people, as they are highly vulnerable to THB due to the cumulative effect of different types of discrimination on the grounds of sexual orientation and gender identity;
Amendment 269 #
2020/2029(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Member States to focus on the recurring and emerging patterns of THB for sexual exploitation, such as the increasing exploitation of children and the use of the ‘lover boy’ method as the most frequent means of recruiting victims by using online technologies; notes that the increased use of technology by criminal networks involved in THB has significantly transformed their traditional modus operandi;
Amendment 350 #
2020/2029(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to step up their efforts to early identify potential victims, in particular within migration flows and hotspots; calls on the Member States to provide adequate resources for specialised facilities for unaccompanied minors, separated minors and of female victims of trafficking;
Amendment 352 #
2020/2029(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points to the need to set up national mechanisms for data collection on THB victims in international protection procedures to be able to ensure follow up on identified cases;
Amendment 356 #
2020/2029(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on Member states to swift procedures of family reunification of those family members of the victims at risk in the country of origin;
Amendment 371 #
2020/2029(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on Member states to provide more safe and legal routes for migration in order to prevent the exploitation of vulnerable individuals;
Amendment 376 #
2020/2029(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Member states to ensure strong child protection measures, presumption of childhood and child age assessment, the protection before and during criminal proceedings, access to unconditional assistance, compensation, non-punishment, assistance and support to the family member of a child victim as well as prevention;
Amendment 377 #
2020/2029(INI)
26. Calls on the Member States to focus on identifying child victims and helping them to avail themselves of their rights; recalls the obligation of Member States to pay special attention to child victims of trafficking and to provide special protection to children in criminal procedures, with the best interests of the child being considered paramount at all times; emphasises the need for guardians, including temporary guardians as an emergency measure, to be appointed immediately for child victims;
Amendment 387 #
2020/2029(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Member States to fully implement Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography26, and to reinforce police and judicial cooperation to prevent and combat sexual exploitation at EU level; calls on the Member States to cooperate with EU agencies, such as Europol and its dedicated bodies, the EMSC and EC3, in order to strengthen information exchange and cross-border investigations; _________________ 26 OJ L 335, 17.12.2011, p. 1.
Amendment 389 #
2020/2029(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Welcomes the Commission’s decision to include in the EU strategy for a more effective fight against child sexual abuse of 24 July 2020 the possibility of creating a European Centre to prevent and counter child sexual abuse, as called for in the European Parliament resolution of 26 November 2019 on children’s rights, as the cornerstone of a coordinated and multi-stakeholder European approach to preventing and tackling child abuse and assisting victims;
Amendment 391 #
2020/2029(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes with high concern the prevalence of child sexual abuse and normalisation of trafficking and sexual exploitation of children, and calls for the regulation of pornographic sites and hosting platforms to ensure full prevention of the risk of such materials becoming available and normalized;
Amendment 398 #
2020/2029(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that children in migration, and, in particular, unaccompanied or separated migrant children, continue to be at higher risk of trafficking and exploitation along migration routes en route to and within the EU; urges the Commission to provide for the introduction of voluntary guardians for all unaccompanied migrant children in order to ensure their rights and afford them better protection;
Amendment 415 #
2020/2029(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes the low number of prosecutions and convictions for the crime of trafficking; urges the Member States to take measures to improve the investigation of trafficking cases and to put in place strong criminal sanctions for crimes of human trafficking; stresses, in particular, that more efficient investigation is required, especially in sectors involving seasonal and temporary employment, such as labour exploitation in agriculture;
Amendment 437 #
2020/2029(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of financial investigation and ‘following the money’ as a key strategy for investigating and prosecuting the organised crime networks that profit from THB; calls on the Commission to assess and promote the use of existing judicial and police cooperation, and the available toolsMember States to launch financial investigations and work with money laundering specialists when starting a new trafficking investigation; calls on Member States to strengthen cooperation in freezing and confiscating the assets of individuals involved in trafficking and providing compensation to victims; calls on the Commission to assess and promote the use of existing judicial and police cooperation, and the available tools, such as mutual recognition of court judgments, joint investigation teams and the European investigation order;
Amendment 441 #
2020/2029(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of financial investigation and ‘following the money’ as a key strategy for investigating and prosecuting the organised crime networks that profit from THB; calls on the Commission to assess and promote the use of existing judicial and police cooperation, and the available tools; urges the Member States to strengthen cooperation and information exchange on financial investigations and on the freezing and confiscation of profits from trafficking;
Amendment 453 #
2020/2029(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the role of EU agencies in the early identification of victims and the fight against THB; calls for more resources for the Justice and Home Affairs (JHA) Agencies to enable their staff to be trained and capacity-building instruments to be developed in the area of detecting victims, including the appointment of gender- trained agency officers, especially in the Member States faced with increased mixed migratory flows; calls on the Commission to develop guidelines to mainstream gender expertise in the activities of law enforcement authorities across the EU, including by developing sustained programs of improving gender balance in decision-making processes and in the staff of the JHA agencies relevant to trafficking;
Amendment 461 #
2020/2029(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Encourages Member States to increase exchange of data and information by using Europol’s resources and databases such AP Phoenix, AP Migrant Smuggling and AP Twins;
Amendment 476 #
2020/2029(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to review implementation of the Anti-Trafficking Directive by Member States and introduce infringement procedures where there has been a lack of effective implementation;
Amendment 22 #
2020/2022(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the amount of user- generated content, including harmful and illegal content, such as images depicting Child Sexual Abuse Material (CSAM) online, shared via cloud services or online platforms has increased exponentially at an unprecedented pace;
Amendment 82 #
2020/2022(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that illegal content and cyber-enabled crimes, such as child sexual exploitation online, should be tackled with the same rigour as illegal content and behaviour offline;
Amendment 108 #
2020/2022(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deems it necessary that illegal content is removed swiftly and consistently in order to address crimes, especially those relating to children and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue;
Amendment 145 #
2020/2022(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls, to this end, for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective, coherent, transparent and fair procedures and procedural safeguards to premovent by actively detecting and reporting reliably identified child sexual abuse material (CSAM) online and removing illegal content in line with European values; firmly believes that this should be harmonised within the digital single market;
Amendment 160 #
2020/2022(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address and prevent the appearance of illegal content on their services, considers that this should entail an obligation for platforms to detect and remove reliably identified Child Sexual Abuse Material (CSAM); supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;
Amendment 173 #
2020/2022(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports limited liability for content and the country of origin principle, but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; calls for the creation of an EU Centre for Preventing and Combating child sexual abuse that would ensure an effective and coordinated response to child sexual abuse cases online, as requested in the European Parliament Resolution on children's rights in the occasion of the 30th anniversary of the UN Convention on the Rights of the Child of 26 November 2019;
Amendment 212 #
2020/2022(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deems that accountability- and evidence-based policy making requires robust data on the prevalence and removal of illegal content online, as well as the incidence and prevention of illegal activity online, particularly against children and other vulnerable groups;
Amendment 218 #
2020/2022(INI)
17. Calls, in this regard, for a regular public reporting obligation for platforms, proportionate to their scale of reach and operational capacities; in the case of child sexual abuse, the reporting should be done to the EU Centre for Preventing and Combating child sexual abuse;
Amendment 240 #
2020/2022(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this EU body, which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content, detection, removal and blocking at EU level;
Amendment 253 #
2020/2022(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the importance of empowering users to enforce their own fundamental rights online, including by means of easily accessible complaint procedures, legal remedies, educational measures and awareness-raising on data protection issureporting mechanisms for illegal content and criminal behaviour for individuals and companies, legal remedies, educational measures, , including the sharing of advice on child online safety, awareness-raising on data protection issues and online safety and the provision of access to cost-free child helplines and age-appropriate services;
Amendment 44 #
2020/2019(INL)
Motion for a resolution
Recital F
Recital F
F. whereas content hosting platforms may determine what content is shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights, in particular the one to freedom of expression and information, and the civil law rights of the users;
Amendment 185 #
2020/2019(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Further calls for users to be guaranteed an appropriate degree of influence over the criteria according to which content is curated and made visible for them, in line with the principle of transparency; affirms that this should also include the option to opt out from any content curation;
Amendment 187 #
2020/2019(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the importance for the Digital Services Act to prove legally sound and effective from the point of view of the protection of children in the online environment, whilst ensuring full coordination and avoiding duplication with the General Data Protection Regulation and with Audiovisual Media Services Directive.
Amendment 374 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 7
Annex I – part B – recital 7
(7) In order to ensure, inter alia, that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them, including the possibility to opt out of any content curation altogether. In particular, users should not be subject to curation without specificfreely given, specific, informed and unambiguous consent.
Amendment 408 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 21 a (new)
Annex I – part B – recital 21 a (new)
(21a) This Regulation respects all fundamental rights and observes the freedoms and principles recognised in the Charter as enshrined in the Treaties, in particular the freedom of expression and information, and the right to an effective remedy and to a fair trial.
Amendment 424 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1
Annex I – part B – Article 4 – paragraph 1
1. Content management shall be conducted in a fair, lawful and transparent manner. Content management practices shall be appropriate, relevant and limited to what is necessary in relation to the purposes for which the content is managed, whilst ensuring respect for the principle of accountability.
Amendment 463 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 10 – point b
Annex I – part B – Article 10 – point b
(b) whether the decision was made by a human or an algorithm and in the latter case the mechanisms through which human oversight was ensured;
Amendment 489 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 18 – paragraph 1
Annex I – part B – Article 18 – paragraph 1
1. Member States shall provide the Commission with all relevant information regarding the implementation and application of this Regulation. On the basis of the information provided and of public consultation, the Commission shall, by ... [three years after entry into force of this Regulation], submit a report to the European Parliament and to the Council on the implementation and application of this Regulation and consider the need for additional measures, including, where appropriate, amendments to this Regulation.
Amendment 13 #
2020/2018(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that the notice and action mechanism should rank different types of providers, sectors and illegal content, in the latter, particular focus should be given on child sexual abuse material, whose nature is manifestly illegal;
Amendment 55 #
2020/2018(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes the view that a central authority in charge of the supervision, cooperation and enforcement of the DSA should have a specific section dedicated to the illegal content, while differentiating among the different parts of the DSA;
Amendment 5 #
2020/2017(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that artificial intelligence (AI) and related technologies are a tool to serve the people and that algorithmic systems can enable access to information, including listings of different kinds of cultural objects; notes the risks of intellectual property rights (IPR) infringement when blending AI and different technologies with a multiplicity of sources (documents, photos, films)and contribute to the general interest of citizens and that they can enable access to education, culture and information, including educational platforms, listings of different kinds of cultural objects and a multitude of data sources; notes that the use of data sources such as documents, photos or films used by AI and related technologies may be subject to intellectual property rights;
Amendment 13 #
2020/2017(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that education, culture and the audio-visual sector are areas sensitive to the use of AI and related technologies since they have the potential to impact our societies and the fundamental rights they uphold; contends therefore that legally binding ethical principles should be observed in their deployment, development and use;
Amendment 16 #
2020/2017(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Emphasises that European artificial intelligence should safeguard and promote core values of our Union such as democracy, independent and free media and information, quality education, environmental sustainability, gender balance and cultural and linguistic diversity;
Amendment 22 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that AI could redefine research by studying patterns in interest in the acquisition and movement of cultural objects across borders; notes, furthermore, that predictive analytics can also play an important role in fine-tuning cultural data analysis;
Amendment 29 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that AI-improved image recognition softwaretechnologies could vastly enhance the ability of educational facilities and relevant actoteachers to provide and develop modern and innovative schooling methods while ensuring quality sources and respecting the protection of IPRsand fairness in education, non-discrimination and an adequate protection of personal data, in particular children’s data, through transparent and reliable data sources respectful of IPRs; such schooling methods should nevertheless be assessed as to their reliability and accuracy;
Amendment 37 #
2020/2017(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the need to ensure EU- wide digital and AI literacy, namely through the development of training opportunities for teachers; insist that the use of AI technologies in schools should contribute to narrow down the social and regional digital gap.
Amendment 38 #
2020/2017(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Highlights that the COVID-19 pandemic crisis can be considered as a probation period for the development and use of digital and AI related technologies in the educational and cultural sectors, as exemplified by the many online schooling platforms and online tools for cultural promotion employed across the Member States; thus calls on the Commission to take stock of those examples when considering a common EU approach to the increased use of such technological solutions;
Amendment 54 #
2020/2017(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Asks the Commission to assess the impact of AI and AI related technologies in creating new audio-visual works such as deep fakes and to establish the appropriate legal consequences attached to their creation, production or distribution for malicious purposes.
Amendment 8 #
2020/2016(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 15 #
2020/2016(INI)
Draft opinion
Recital B
Recital B
B. whereas technologies such as artificial intelligence (AI) and related technologies willmay contribute to the prevention of certain types of crime and, therefore, to the reducing of crime rates,; whereas their use of, when applied to statistical data analytics in crime analysis and prevention, and the operation of criminal justice system may assist the activities of police authorities provided that this is done in compliance with the procedural safeguards enshrined in the rule of law and laid down in the GDPR legislation on the protection of personal data; whereas the application of those technologies as a technical support tool may help improve the efficiency of the organisation and operation of criminal justice systems, but under no circumstances should the so- called automated decision systems - AI- based algorithms - be used for decision- making purposes;
Amendment 17 #
2020/2016(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digital technologies in general and artificial intelligence (AI) in particular bring with them extraordinary promise but also a number of critical issues in view of their ethical implications, not to mention their potential impact on several fundamental freedoms; whereas AI is one of the strategic technologies of the 21st century, and can generatinge substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to theEuropean society and European's economy; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well-being;
Amendment 31 #
2020/2016(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the importance of consideringat the ethical and operational implications of the use of AI and related technologies within criminal justice systems can be considered only where there is compliance with rigorous ethical principles, such as those laid down in the Council of Europe's 'European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment';
Amendment 41 #
2020/2016(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas Article 2 of Regulation (EU) 2016/679, notwithstanding specific exceptions, stipulates that the data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her;
Amendment 42 #
2020/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas AI applications can offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and making an effective contributon to preventing and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrimechild pornography and online sexual abuse of children, as well as certain types of cybercrime, and also by making the operational organisation and functioning of criminal justice systems more efficient as technical support tools, provided that they comply with the procedural safeguards enshrined in the rule of law and with legislation on the protection of personal data;
Amendment 48 #
2020/2016(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of beingright of the persons concerned to be able to access AI- produced or AI-assisted outputs for notification procedures and the role of AI and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance, transparency and accountability;
Amendment 59 #
2020/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI tools and applications are also used by the judiciary worldwidein several countries, including in sentencing, calculating probabilities for reoffending and in determining probation; whereas, at present, in the European Union, with the exception of a few Member States, their use is limited mainly to civil matters;
Amendment 61 #
2020/2016(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the recommendations of the Commission’s High-Level Expert Group on AI for a proportionate use of biometric recognition technology, in compliance with GDPR legislation on the protection of personal data, and suggests that the application of such technology must be clearly warranted under existing laws and urges the Commission to assess how to effectively incorporate these;
Amendment 73 #
2020/2016(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it necessary to clarify whetherthat law enforcement decisions cannot be delegated to AI and stresses the need to develop binding codes of conduct for the design and use of AI to help law enforcers and judicial authorities and ensure respect for the fundamental rights of EU citizens; refers to the ongoing work in the Committee on Legal Affairs.
Amendment 77 #
2020/2016(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas so-called automated decision systems - AI-based algorithms - cannot be used for decision-making purposes, since the final decision in criminal matters must always be taken by a human, in respect of whom AI must retain an instrumental role;
Amendment 93 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, obligation to state reasons, freedom of expression and information, freedom of assembly and of association, equality before the law, and the right to an effective remedy and a fair trial;
Amendment 101 #
2020/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in this regard, that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, secure and fit for purpose, respect the principles of fairness, accountability, transparency and explainability, with their deployment subject to a strict necessity and proportionality test, ensuring that the data subjects have right of access to AI- produced or AI-assisted outputs;
Amendment 105 #
2020/2016(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need for AI and related technologies to be used within criminal justice systems in compliance with rigorous ethical principles, such as those laid down in the Council of Europe's 'European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment', i.e. the principles of respect for fundamental rights, non-discrimination, quality and security, transparency, impartiality and fairness, and user control;
Amendment 139 #
2020/2016(INI)
7. Highlights the power asymmetry between those who develop and employ AI technologies and those who interact and are subject to them - an asymmetry which means that binding codes of conduct must be developed for the design and use of AI in criminal matters;
Amendment 44 #
2020/2014(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the challenge related to the introduction of AI-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on A I could improve our lives in almost every sector, from the personal sphere (e.g. personalised education, fitness programs) to global challenges (e.g. climate change, healthcare, hunger and starvation);
Amendment 56 #
2020/2014(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the key importance of the principle of transparency in the context of liability rules;
Amendment 175 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 4
Annex I – part B – recital 4
(4) At this point, it is important to point out that the advantages of deploying AI- systems will by far outweigh the disadvantages. They will help to fight climate change more effectively, to improve medical examinations, to better integrate disabled and ageing persons into the society and to provide tailor-made education courses to all types of students. To exploit the various technological opportunities and to boost people’s trust in the use of AI- systems, while at the same time preventing harmful scenarios, sound ethical standards combined with solid and fair compensation is the best way forward.
Amendment 178 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 4 a (new)
Annex I – part B – recital 4 a (new)
(4a) The most vulnerable actors in the context of AI use and application are the children, a possible comprehensive EU legal act concerning AI should therefore contain sound rules to ensure the protection of children and the safeguarding of the rights of the children.
Amendment 83 #
2020/2012(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the determination of whether artificial intelligence, robotics and related technologies are to be considered high-risk as regards compliance with ethical principles should always follow from an impartial, regulated and external ex-ante assessment;
Amendment 129 #
2020/2012(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that socially responsible artificial intelligence, robotics and related technologies should safeguard and promote fundamental values of our society such as democracy, diverse and independent media and objective and freely available information, health and economic prosperity, equality of opportunity, workers’ and social rights, quality education, protection of children, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity;
Amendment 499 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point b
Annex I – part B – Article 4 – paragraph 1 – point b
(b) ‘robotics’ means technologies that enable machines to perform tasks traditionally performed or initiated by human beings including by way of artificial intelligence or related technologies;
Amendment 598 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point e
Annex I – part B – Article 10 – paragraph 2 – point e
(e) developed, deployed and used in a manner that contributes to the narrowing of the digital divide among regions, age groups and social classes, the protection of children, the promotion of digital literacy and skills, innovation and creativity, while respecting intellectual property rights;
Amendment 129 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non-discrimination. Children have specific rights enshrined in Article 24 of the Charter and in the United Nations Convention on the Rights of the Child. The UNCRC General comment No. 25 on children’s rights in relation to the digital environment formally sets out how these rights apply to the digital world.
Amendment 412 #
2020/0361(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Child impact assesment 1. All providers must assess whether their services are accessed by, likely to be accessed by or impact on children, defined as persons under the age of 18. Providers of services likely to be accessed by or impact on children shall identify, analyse and assess, during the design and development of new services and at least once a year thereafter, any systemic risks stemming from the functioning and use made of their services in the Union by children. These risk impact assessments shall be specific to their services, meet the highest European or International standards detailed in Article 34, and shall consider all known content, contact, conduct or commercial risks included in the contract. Assessments should also include the following systemic risks: a. the dissemination of illegal content or behaviour enabled, manifested on or as a result of their services; b. any negative effects for the exercise of the rights of the child, as enshrined in Article 24 of the Charter and the UN Convention on the Rights of the Child, and detailed in the United Nations Committee on the Rights of the Child General comment No. 25 as regards the digital environment; c. any intended or unintended consequences resulting from the operation or intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative effect on the protection or rights of children; 2. When conducting child impact assessments, providers of intermediary services likely to impact children shall take into account, in particular, how their terms and conditions, content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions or with the rights of the child.
Amendment 414 #
2020/0361(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12 b Mitigation of risks to children Providers of intermediary services likely to impact children shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 13 (12 a new). Such measures shall include, where applicable: a. implementing mitigation measures identified in Article 27 with regard for children’s best interests; b. adapting or removing system design features that expose children to content, contact, conduct and contract risks, as identified in the process of conducting child impact assessments; c. implementing proportionate and privacy preserving age assurance, meeting the standard outlined in Article 34; d. adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure they prioritise the best interests of the child; e. ensuring the highest levels of privacy, safety, and security by design and default for users under the age of 18; f. preventing profiling, including for commercial purposes like targeted advertising; g. ensuring published terms are age appropriate and uphold children’s rights; h. providing child-friendly mechanisms for remedy and redress, including easy access to expert advice and support;
Amendment 422 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the age of complainants (if minors), the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 427 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Providers of intermediary services that impact on children shall publish, at least once a year: a. child impact assessments to identify known harms, unintended consequences and emerging risk, pursuant to Article 13 (Art. 12 a new).The child impact assessments must comply with the standards outlined in Article 34; b. clear, easily comprehensible and detailed reports outlining the child risk mitigation measures undertaken pursuant to Article 14, their efficacy and any outstanding actions required. These reports must comply with the standards outlined in Article 34, including as regards age assurance and age verification, in line with a child-centred design. The content of these reports must be verifiable by independent audit; data sets and source code must be made available at the request of the regulator.
Amendment 772 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1 a. 2 (new).The Commission shall support and promote the development and implementation of industry standards set by relevant European and international standardisation bodies for the protection and promotion of the rights of the child, observance of which, once adopted, will be mandatory, at least for the following: a. age assurance and age verification pursuant to Articles 12 a (new) and 12 b (new) and 13; b. child impact assessments pursuant to Articles 12 a (new) and 13; c. age-appropriate terms and conditions pursuant to Article 12; d. child-centred design pursuant to Articles 12 b (new) and 13.
Amendment 58 #
2020/0345(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The e-CODEX system is a tool specifically designed to be adopted on a preferential basis to facilitate the cross- border electronic exchange of messages in the justice areacontent by electronic means, in the field of judicial cooperation, both in civil and criminal proceedings. In the context of increased digitalisation of proceedings in civil and criminal matters, the aim of the e-CODEX system is to improve the efficiency of cross-border communication between the competent authorities and facilitate access to justice of citizens and businesses. It has been managed up to date by a consortium of Member States and organisations with funding from Union programmes
Amendment 60 #
2020/0345(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) As part of the digitalisation process of justice, the e-CODEX system will foster the development of interoperable national systems in close coordination at the level of the Union, helping to improve access to justice for citizens and businesses, facilitate judicial cooperation and ensure mutual trust between Member States and, therefore, ensure the security of communications.
Amendment 69 #
2020/0345(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) In order to enhance electronic cross-border transmission of documents through the decentralised IT system, such documents should not be denied legal effect and should not be considered inadmissible as evidence in the proceedings solely on the grounds that they are in electronic form. However, that principle should be without prejudice to the assessment of the legal effects or the admissibility of such documents as evidence in accordance with national law. It should also be without prejudice to national law regarding the conversion of documents.
Amendment 96 #
2020/0345(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Member States should maintain a list of authorised e-CODEX access points operated within their territory, and communicate them to eu- LISA in order to enable the interaction between them in the context of the relevant procedures. The Commission should maintain a similar list of authorised e- CODEX access points operated by the Union institutions, bodies and agencies for the same reason. The entities operating the access points at national level may be public authorities, organisations representing legal practitioners or private companies. In the case of entities which are not part of the public administration, Member States should be directly responsible for their actions. Bearing in mind the decentralised nature of the e- CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e- CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point.
Amendment 122 #
2020/0345(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) minimum standards for the security of hardware and software infrastructure.
Amendment 138 #
2020/0345(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Legal effects of electronic documents An electronic document shall not be denied legal effect and the admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form.
Amendment 187 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner.
Amendment 201 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legallyand the respect of their human rights in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling. irregular migration, migrant smuggling and trafficking, through the development of legal pathways. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons, as well as persons granted immediate protection.
Amendment 212 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.
Amendment 258 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should alwayso be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable personsbinding solidarity contributions foreseen in Article 45 and, if under migratory pressure, on those provided for in Article 51 (3).
Amendment 266 #
2020/0279(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to effectively manage the Union's external border, an independent border monitoring mechanism should be set up in view of ensuring its compliance with the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the EU and International law.
Amendment 268 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 271 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need. Voluntary departure should always be preferred and facilitated above removal. The return of a child may only take place when it is found to be in the child’s best interest following a best interest’s procedure. It should not involve the use of force or physical restraints or other forms of coercion against them or their family members.
Amendment 279 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 295 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism should be established which is effective and ensures that applicants have swift acces, upon arrival and disembarkation, including following search and rescue activities and operations, should be established in order to ensure effective and swift access of applicants to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Statetrue solidarity as enshrined in Article 80 of the TFEU, among Member States, with third countries, and towards those seeking asylum according to the procedure foreseen in Article 14 and 45 of this Regulation.
Amendment 322 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specificn effective processdure applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.
Amendment 330 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.
Amendment 335 #
2020/0279(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In view of coordinating and optimising all relocation efforts, an EU Relocation Coordinator, to be appointed by the Commission, should assist and supervise the relocation coordination of applicants and beneficiaries found eligible for relocation. The EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors in the relocation and transfers. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods, for the verification of any meaningful links that the persons eligible for relocation might have with Member States of relocation.
Amendment 342 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, and the EU Relocation Coordinator, with the assistance of Union Agencies, should facilitate the swift relocation and transfer of eligible applicants for international protection who are not in the border procedure. Under the , accoordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member Statesg to Article 14.
Amendment 358 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 365 #
2020/0279(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Where no meaningful links can be established, the share of solidarity contribution for each Member State shall follow the size of the population, the total GDP and its unemployment rate, according to the latest available Eurostat data.
Amendment 369 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 381 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) TheA specific solidarity mechanism should also address the situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed towhere one or more Member States, in particular, due to their geographical location and a constant level of arrivals, including after disembarkation and search and rescue activities and operations are under migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.
Amendment 392 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countriesvulnerabilities of asylum applicants and migrants, irregular border crossings, the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor- made to the needs of the Member State in question.
Amendment 394 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, countries of origin, vulnerabilities of asylum applicants and migrants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.
Amendment 404 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 410 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 418 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally stayrregularly residing third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. Children and their families should be exempt from return sponsorships. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 424 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 436 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 454 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.
Amendment 460 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 465 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 477 #
2020/0279(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respectings long as they respect human rights and the principle of non- refoulement, are considered as safe countries for third- country nationals.
Amendment 484 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That 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, 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, namely meaningful links. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 497 #
2020/0279(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developingand the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, athe new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
Amendment 503 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 510 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 533 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, carry out an individual assessment led by the relevant and independent child protection authorities, in particular, takeing due account of the minor’s well-being and social development, safety and security considerations in the short, medium and long-term and the views of the minor in accordance with his or her age and maturity, including his or her individual circumstances and background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability, including the appointment of an independent guardian and access to free legal assistance.
Amendment 537 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background and should follow an independent evaluation of his or her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 554 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons 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 registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order.
Amendment 569 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant, grandparent or grandparents of the applicant. Reuniting siblingsfamily is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.
Amendment 573 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) 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 be 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 unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would notminor is present unless this is assessed not to 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. For unaccompanied children, this includes in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled as well as prompt access to free legal assistance. When considering or implementing the transfer of a child, States should promote and facilitate the continuity and stability of the support and assistance provided to a child. States should promote and facilitate transnational cooperation between these actors, including sharing of information about the child, with the informed consent of the child. Any decision to transfer an unaccompanied minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 574 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) 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 be 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 unauthorisedonwards movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would notminor is present, unless it is assessed not to 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. For unaccompanied minors, in particular, the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled, as well as prompt access for free legal assistance. When considering or implementing the transfer of a minor, Member States should promote and facilitate the continuity and stability of the support and assistance provided to a minor. Member states should promote and facilitate transnational cooperation between these actors, including sharing of information about the minor, with the informed consent of the minor. Any decision to transfer an unaccompanied minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 600 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or, until the responsibility of another Member state has been determined, for a person who has irregularly entered its territory by land, air and sea, including after disembarkation and following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protections and activities.
Amendment 605 #
2020/0279(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 611 #
2020/0279(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements betweenthe Member State and the competent authorities of the Member Sstates, 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 obassisted by the Asylum Agency, shall ensure as soon as possible that the third country national or stateless person who intends to make an appligcations should lead to appropriate and propor to internationatel procedural consequences for the applicant and to appropriate and proportionate consequences in terms 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 coveredtection fully cooperates in matters covered by this Regulation, informing him or her of his or her rights and obligations.
Amendment 622 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorisedonwards movements and increase the overall efficiency of the CEAS.
Amendment 634 #
2020/0279(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 640 #
2020/0279(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 656 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Minors and unaccompanied minors shall never be detained. The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
Amendment 745 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a sustainable mechanism for solidarity as enshrined in Article 80 of the TFEU;
Amendment 766 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration], and individuals awaiting an appeal decision;
Amendment 780 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s or beneficiaries' family who are present on the territory of the Member States:
Amendment 784 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spousepartner of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,beneficiary;
Amendment 791 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor children of couplepartners referred to in the first indent or of the applicant, on condition that they are unmarriedr beneficiary, and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 797 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where 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 801 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 810 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings, and the grandparent or grandparents of the applicant or beneficiary;
Amendment 815 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle, or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 827 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary;
Amendment 831 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) “Meaningful links” means any of the following: the possession of a diploma or qualification, the lawful presence of relatives, being beneficiary of a sponsorship, strong linguistic and cultural ties, previous legal stays or residence;
Amendment 847 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may absconlaw in the light of specific circumstances of the persons involved;
Amendment 853 #
2020/0279(COD)
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for, including following disembarkations following and search and rescue activities and operations as set out in Chapters I-III of Part IV of this Regulation;
Amendment 861 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 869 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless person, or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;
Amendment 870 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) the EU Relocation Coordinator is the person appointed by the Commission and defined in Article 13a of this Regulation and Article 2 (f) of the Crisis Regulation
Amendment 874 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘search and rescue operations’ means operations of search and rescue activities as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979; , and operations as referred to in Article 10 of Regulation (EU) 656/20141a; _________________ 1aRegulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
Amendment 892 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point z
Article 2 – paragraph 1 – point z
(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return that respectspursuant to Directive 2008/115/EC of the European Parliament and of the Council54 ; _________________ 54 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 894 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegalrregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.
Amendment 913 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 927 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 933 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 945 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border managthrough the creation and development of an adequately resourced independent monitoring mechanism in line with Article 18 and 19 of the Charter of Fundamental Rights and the principle of non-refoulement;
Amendment 965 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80 the TFEU;
Amendment 976 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 985 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 991 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 1023 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 of the TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1036 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying;
Amendment 1047 #
2020/0279(COD)
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smugglingto ensure genuine and effective access to means of legal entry in cooperation with relevant third countries;
Amendment 1050 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and trafficking;
Amendment 1056 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) provide and invest in adequate reception conditions, including measures to protect those with special needs;
Amendment 1057 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) Provide and invest in adequate reception, including measures to protect those with special needs.
Amendment 1061 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III, Chapter I of Part IV;
Amendment 1071 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 1106 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies, including the Fundamental Rights Agency;
Amendment 1108 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 1111 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
Amendment 1135 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network, and reports provided by the organizations in Article 6 (2) (da).
Amendment 1140 #
2020/0279(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 1185 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in whichresponsible for examining the application for international protection was registered shall be responsible for examining itshall be determined in accordance with the procedure laid down in Article 45.
Amendment 1200 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or of the procedure laid down in Chapter I of Part IV, or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1204 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1216 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Member State in which the applicant or a beneficiary of international protection is present shall, however, ensure that the designation of the Member State responsible does not worsen a situation where the fundamental rights of that applicant have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, that Member State must itself examine the application in accordance with the procedure laid down in Article25.
Amendment 1219 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1223 #
2020/0279(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 1254 #
2020/0279(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1272 #
Amendment 1273 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. As soon as possible the Member State and the competent authorities of the Member State, assisted by the Asylum Agency, shall ensure that the third country national or stateless person, who intends to make an application to international protection, fully cooperates in matters covered by this Regulation, by informing him or her:
Amendment 1274 #
Amendment 1285 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 1292 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the objectives of this Regulation, the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied by Member states requested or notified in the individual case;
Amendment 1299 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of the personal interview pursuant to Article 12 and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1300 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) the applicant shall be informed that his or her absconding may prejudice the conduct of the interview and that, in any case, he or she has the right to ask for the interview to be conducted;
Amendment 1302 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) of the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas;. The competent authorities shall take into account the elements and information relevant for determining the Member state responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other relevant elements provided by the applicant shall be taken into consideration if the delay in submitting them is due to justified reasons.
Amendment 1311 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in Article 33(1)existence of the rights to have an effective remedy with automatic suspensive effect before a Court or a Tribunal in accordance with Article 47 of the Charter of Fundamental Rights, including in a situation where no transfer decision is taken;
Amendment 1319 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal and linguistic assistance free of charge at all stages of the procedure, where the person concerned cannot afford the costs involved;
Amendment 1323 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g a (new)
Article 11 – paragraph 1 – point g a (new)
(ga) of the possibility under Article 25 to request the discretionary clause to be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1328 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect;
Amendment 1332 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1336 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writingthe mother tongue of the applicant or, if not possible, in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. . In both cases the information shall be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. The information shall be provided in writing and orally, where appropriate with the support of multimedia equipment. Oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a Member State responsible in accordance with this Regulation. When the applicant is a minor, information shall be provided in a child-friendly manner, including in both written and oral forms by appropriately trained staff and with the involvement of the guardian, notably about the process to identify family members or relatives in accordance with Article 15 of this Regulation.
Amendment 1338 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. When the applicant is a minor, information shall be provided in a child-friendly manner, including in both written and oral forms in a language that the minor understands.
Amendment 1343 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1350 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information. The European Union Agency for Asylum shall create specific information material intended particularly for the following target groups: (a) adult applicants; (b) unaccompanied minors; (c) accompanied minors.
Amendment 1354 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian. The Commission shall be empowered to adopt implementing acts to establish the arrangements for the provision of such information.
Amendment 1357 #
2020/0279(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 1358 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member Statecompetent authorities of the determining Member State, assisted by the Asylum Agency, shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11specific individual situation of the applicant and of the information he or she supplied in accordance with Article 11. The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member States responsible. In any case, the presence of the legal representative of the applicant or of a representative of an institution for the protection and assistance of asylum seekers registered in the Member State shall be allowed at the interview.
Amendment 1364 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 1373 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or take back request pursuant to Article 31.
Amendment 1379 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in the mother tongue of the applicant or in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child- friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representativeguardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1390 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The Member State shall ensure that there are appropriate standard operating procedures in place in order to ensure that appropriate protection measures are taken with respect to applicants at risk of being exploited for the purposes of trafficking in human beings or other organised crime activities.
Amendment 1394 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 1405 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is presents shall ensure that he or she isminors are represented and assisted by a representativeguardian with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the resources, qualifications, training and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.minors, and shall inform the child accordingly about the procedure. The guardian shall be appointed as soon as possible but, at the latest, within two days after the arrival, and in any event prior to the collection of biometric data pursuant to Articles 10, 13 and 14a of Regulation (EU) XXX/XXX (Eurodac Regulation)
Amendment 1411 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
Amendment 1414 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The representativeguardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1416 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minor shall bguardian shall represent the minvolvedor in the process of establishing the Member State responsible under this Regulation. T and any other representativeight recognized to the minor. The guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose. , and with due regard to confidentiality obligations to the minor. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. The guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. Guardians shall receive regular training and support to undertake their tasks.
Amendment 1422 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factorsnon-exhaustive list of factors and rights of the child:
Amendment 1424 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factorsnon-exhaustive list of factors and rights of the child:
Amendment 1430 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) the preservation of family life, including family reunification possibilities;
Amendment 1436 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1437 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1445 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where the child is an asylum seeker or refugee or where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1449 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1451 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c a (new)
Article 13 – paragraph 4 – point c a (new)
(ca) situations of vulnerability, including psycho-physical trauma, specific health needs and disability;
Amendment 1458 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d a (new)
Article 13 – paragraph 4 – point d a (new)
(da) the need for decisions concerning minors to be treated with priority;
Amendment 1459 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d b (new)
Article 13 – paragraph 4 – point d b (new)
(db) In assessing the best interests of the minor, the minor's right to be heard must be guaranteed to every child capable of forming his or her own views.
Amendment 1461 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1467 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make surobtain guarantees assessed on the individual case that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompaniedor not transfer a minor shall be preceded by an individual and multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by multidisciplinary staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. The multidisciplinary assessment shall involve competent staff with expertise in child protection and child psychology and development and shall also include, as a minimum, the minor’s guardian and legal advisor. Before the transfer of a minor, the receiving Member State shall appoint a guardian as soon as possible, but in any event within five working days of the confirmation of the transfer decision. The competent authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the arrangements for the transfer.
Amendment 1475 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an individual assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1480 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations., as soon as possible after an application for international protection is made, whilst protecting his or her best interest. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety
Amendment 1482 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations as soon as possible after an application for international protection is made, whilst protecting his other best interests. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety.
Amendment 1484 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on rights of the child and child psychology and development. Such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse, as well as training on good practices to prevent disappearance.
Amendment 1486 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors.
Amendment 1491 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1492 #
2020/0279(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1494 #
2020/0279(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Hierarchy of criteria upon arrival and disembarkation, including following search and rescue operations
Amendment 1497 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 1500 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. That Member State, assisted by the Asylum Agency, shall arrange, upon arrival or after disembarkation, including following search and rescue operations and activities, for an interview with the applicant in order to identify his or her meaningful links with one or more member States including that of arrival. The applicant has the right to be informed and cooperate in line with article 11 of this Regulation.
Amendment 1501 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
Amendment 1502 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2d. The Member State of entry, in cooperation with the Asylum Agency, shall inform the applicant of the determination and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 1503 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 e (new)
Article 14 – paragraph 2 e (new)
2e. If no meaningful links with a Member State are established or no criteria listed in this Chapter are applicable, the procedure established in Article 45 of this Regulation shall apply.
Amendment 1505 #
Amendment 1506 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, and one parent or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising family unity, taking into account the best interest of the child.
Amendment 1508 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally presentif this is in the minor’s best interests.
Amendment 1509 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unlessif it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesin the best minor's best interest. Where the applicant is a minor, the Member State responsible shall be the Member State where the father, mother, grandparents or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 1513 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the applicant has a relative who is legally present in another Member State and where it is established, based on an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible, unless it is demonstrated that it is not in the best interests of the minor.
Amendment 1517 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1518 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1528 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of an unaccompanied child is being contemplated or implemented, including providing for sharing of information about the child, with the informed consent of the child Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1529 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of a minor is being contemplated or implemented, including providing for sharing of information about the minor, with the informed consent of the minor. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1534 #
2020/0279(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Family members who are beneficiaries of international protectionlegally reside in a Member state
Amendment 1536 #
2020/0279(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1541 #
2020/0279(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1554 #
2020/0279(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the applicant is in possession of one or more residence documents or one or more visas which expired less than three years before the application was registered, paragraphs 1, 2 and 3 shall apply.
Amendment 1556 #
2020/0279(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Previous stays If the applicant has resided legally for at least two years in a Member state with a valid residence permit, the Member state shall be responsible for examining his or her application for international protection.
Amendment 1567 #
2020/0279(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1582 #
2020/0279(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1589 #
2020/0279(COD)
Proposal for a regulation
Article 23
Article 23
Application in an international transit Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.rticle 23 deleted area of an airport
Amendment 1597 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age,trauma, old age, or other relevant psychological and/or physical vulnerabilities an applicant is dependentin need onf the assistance of his or her child or , sibling, parent, or grandparent legally resident in one of the Member States, or his or her child or , sibling, parent or grandparent legally resident in one of the Member States is dependentn need onf the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child or , sibling, parent, or grandparent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child or the child, sibling, parent or grandparent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1600 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a child or , sibling, parent or grandparent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child or , sibling, parent or grandparent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1607 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the child or , sibling, parent or grandparent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the child or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time, sibling, parent or grandparent is legally resident . In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or , sibling, parent or grandparent of the applicant to its territory.
Amendment 1613 #
2020/0279(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Sponsorship 1. A Member State may provide the possibility that recognised organisations working in that Member State in the field of refugee protection programmes and prevention of trafficking in human beings become the sponsor of an applicant who has applied for international protection in the Union. The sponsoring organization shall arrange for the applicant's relocation and stay in the Member State until a final decision is taken on his or her application for international protection. 2. If the Member State in which the organization is established agrees to take charge of the applicant, it becomes the Member State responsible for examining the application for international protection.
Amendment 1615 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person registerlodged with it, even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 1618 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family or, cultural considerations or social ties, language skills or other meaningful links which would facilitate his or her integration into that other Member state, even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.
Amendment 1620 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within twoone months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based. Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to it.
Amendment 1629 #
2020/0279(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Light Family procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indicators showing that they are likely to have the right to family reunification in accordance with Article 13, 15, 16, 24a. 2. If it is determined pursuant to paragraphs 1 and 2 that an applicant has, prima facie, the right to family reunification in accordance with Article 13, 15, 16 24a, the determining Member State shall notify the Member State of allocation thereof and the applicant shall be transferred to that Member State. 3. In accordance with the procedure referred to in paragraph 2, the Member State of allocation shall make the determination of whether the conditions for family reunification in accordance with Article 18 are met. If this is the case the Member state of allocation shall become the Member State responsible.
Amendment 1640 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1649 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1659 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the beneficiary does not claim before a judge that in the Member State primarily designated as responsible there are substantial grounds for believing that he or she would be in danger of being subjected to torture or inhuman or degrading treatments and punishments, in contrast with Article 4 of the EU Charter of Fundamental Rights, pursuant to Article 8 (3).
Amendment 1667 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant or another person as referred in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1700 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1704 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, or the determining Member State may, where it considers that it is in the best interest of the minorrequest is based on Article 16 or 17, the determining Member State may, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs. With regard to minors, for the purpose of calculating the deadlines referred to in the first and second subparagraphs of this paragraph, time shall start to run when a guardian has been appointed and when the best interests assessment pursuant to Article 13, 15, 16, 17, 25a has been concluded.
Amendment 1739 #
2020/0279(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1745 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit. Where the take back request is not made within the established time limit, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.
Amendment 1763 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall aconfirm receipt of the notification torequest of the Member State which made the notificationrequest within onefour weeks, unless the notifirequested Member State can demonstrate within that time limit that its is not responsibility has ceasedle pursuant to Article 27.
Amendment 1768 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-weeks period set out in paragraph 3 shall be tantamount to confirming the receipt of the notificationrequest.
Amendment 1774 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1781 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notification as regards persons referred to in Article 26(1), point (b), (c) and (d) shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1788 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delayin one week of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1793 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall be written in a language understandable to the applicant and contain information on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
Amendment 1808 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (b), (c) and (d) shall have the right to an effective remedy with automatic suspensive effect, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 1811 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 1823 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. The person concerned shall have the right to request, within a reasonable period of Member States shall ensure that an effectimve from the notificationremedy shall confer ofn the transfer decision, a court or tribunal to suspend the implementation of the transfer decisionperson concerned the right to remain in the Member state concerned pending the outcome of his or ther appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer, the transfer shall be automatically suspended until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.
Amendment 1826 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1834 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge, at all stages of the procedure, where the person concerned cannot afford the costs involved, according to Article 11a of this Regulation. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1838 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1844 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1845 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1848 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 4
Article 33 – paragraph 5 – subparagraph 4
Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representationbe in line with Article 11a.
Amendment 1850 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 5
Article 33 – paragraph 5 – subparagraph 5
Amendment 1853 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Detention shall, in any case, be a measure of last resort when alternatives are not available.
Amendment 1858 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Minors, whether accompanied or unaccompanied, and vulnerable people according to Directive 2013/33 shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Unaccompanied minors shall be placed in appropriate alternative care settings in the national child protection system in line with their best interest and taking into consideration their views and needs. Families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 1859 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Minors, whether accompanied or unaccompanied, shall not be detained. Consistent with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Unaccompanied children shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into consideration their views. Families with minor children shall be accommodated together in non-custodial, community-based placements while their immigration status is being resolved.
Amendment 1866 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a proven risk of absconding, Member States, as measure of last resort, may detain the person concerned in order to secure a transfer proceduresafter a final transfer decision has been taken and notified in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1874 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case shall not exceed three months.
Amendment 1883 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1895 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to way they could not be applied effectively.
Amendment 1899 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. As regards the detention conditions, which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.
Amendment 1906 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notificationrequest by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned for criminal purposes.
Amendment 1929 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1934 #
2020/0279(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. In accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], a contribution shall be paid to the Member State carrying out the transfer for theThe costs necessary to transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35to the Member state responsible shall be met by the General Budget of the Union.
Amendment 1939 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) or (d), shall communicate to the Member State responsible such personal data concerning the person to be transferred as is adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable asylum legal instruments. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.
Amendment 1994 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation and with other relevant provisions of EU Law, including the Charter of Fundamental Rights.
Amendment 1995 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation, and with any other relevant provisions of EU Law including the Charter of Fundamental Rights, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.
Amendment 2015 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressureof first entry or subject to disembarkations following, including after search and rescue operations shall consist of the followand activities shall be established according to the procedure provided ing types:his Article.
Amendment 2020 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
Amendment 2034 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2036 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 2045 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2058 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. Where no meaningful links can be established, the Commission, assisted by the Asylum Agency, shall identify the Member State with the lowest number of applicants in relation to its share, calculated on the basis of the distribution key, as the Member State responsible. The European Commission will immediately notify this Member State which will be responsible for examining the application and the Member State of first entry.
Amendment 2061 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 b (new)
Article 45 – paragraph 1 b (new)
1b. The Member State of first entry, in cooperation with the Asylum Agency, shall immediately inform the applicant about the determination of responsibility as referred to in paragraph2 of this Article, and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 2062 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 c (new)
Article 45 – paragraph 1 c (new)
1c. The procedure established by this Article shall apply to applicants arrived in a Member State by land, air or sea, including after disembarkation and following search and rescue operations and activities.
Amendment 2063 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 d (new)
Article 45 – paragraph 1 d (new)
1d. The share calculated according to the distribution key may be adjusted when a Member State demonstrates that over the proceeding 10 years it has been responsible for twice the Union average per capita of applicants for international protection.
Amendment 2067 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2086 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2105 #
2020/0279(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Solidarity for disembarkations following search and rescue activities and operations
Amendment 2107 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. This Article and Articles 148 and 495 shall also apply to search and rescue oparrivals, connected to search and rescue activities as referred to in the 1979 Internations that generate recurring arrivalsal Convention Maritime on Search and Rescue adopted in Hamburg, Germany, on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No656/2014, leading to disembarkation of third- country nationals orand stateless persons on to the territory of a Member State and to vulnerable persons as set out in Article 49(4).
Amendment 2112 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration Management Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concernedIn the context of disembarkations following search and rescue activities and operations, as defined in paragraph 1, the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation, shall be addressed as a matter of urgency and in a spirit of solidarity, pursuant to Articles 14 and 45.
Amendment 2114 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2118 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2132 #
2020/0279(COD)
Amendment 2140 #
Amendment 2177 #
Amendment 2207 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory pressure; and
Amendment 2211 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) on the basis of available information, it considers that aone or more Member States may be under migratory pressure, due to a constant level of arrivals, including after disembarkation, which would undermine the effective functioning of the procedures foreseen in Articles 14 and 45 of this Regulation.
Amendment 2216 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member States in question. The Commission shall inform the European Parliament, the Council and the Member States concerned, without delay, that it is undertaking an assessment.
Amendment 2221 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) the total number of applications for international protection by third-country nationals and the nationality of the applicants;
Amendment 2223 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2227 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
Amendment 2230 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2235 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
Amendment 2239 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point g
Article 50 – paragraph 3 – point g
Amendment 2242 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehendidentified in connection with an irregular crossing of the external land, sea or air border;
Amendment 2245 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
Amendment 2249 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point j
Article 50 – paragraph 3 – point j
(j) the number and nationality of third- country nationals disembarked and following search and rescue operations and activities, including the number of applications for international protection;
Amendment 2251 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of vulnerable migrants, in particular unaccompanied minors.
Amendment 2254 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload.
Amendment 2260 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
Amendment 2263 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point f
Article 50 – paragraph 4 – point f
Amendment 2267 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point h
Article 50 – paragraph 4 – point h
Amendment 2275 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission shall consult the Member States concerned during its assessment undertaken pursuant to Article 50(1).
Amendment 2281 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state and explain whether the Member States concerned isare under migratory pressure.
Amendment 2285 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member States concerned isare under migratory pressure, the report shall identify:
Amendment 2288 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) the capacity of the Member States under migratory pressure in the field of migration management, in particular asylum and return as well as, in particular in its overall needs in managing its asylum and returception caseload;
Amendment 2292 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member States under migratory pressure should take in the field of migration management, and in particular in the field of asylum and returception;
Amendment 2294 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point ii
Article 51 – paragraph 3 – point b – point ii
(ii) measures referred to in Article 45(1), points (a), (b) andidentified by the Commission to support the Member States concerned, including: (a) capacity building measures in the field of asylum and reception, corresponding to the needs of the Member States under pressure; (cb) to be taken by other Member States; relocation of beneficiaries of international protection who have been granted protection less than two years prior to the relocation.
Amendment 2299 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2314 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c51(3) (b) (ii). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2329 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 2332 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Amendment 2339 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.
Amendment 2356 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52(3) or, where the Solidarity Forum is convened pursuant to Article 52(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member States under migratory pressure to be taken by the other Member States and the timeframe for their implementation.
Amendment 2357 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
Amendment 2360 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Amendment 2363 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under Article 51(3)(b)(ii), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 51(3)(b)(ii). The CommissionCommission considers the measures proposed are inadequate, it shall adjust measures referred to in Article 51(3)(b)(iii) indicated by those Member States accordingly.
Amendment 2364 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a
Article 53 – paragraph 3 – point a
(a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) or (c), taking into account the capacity and needs of the requesting Member States in the area of asylum identified in the report referred to inset of measures foreseen in Article 51 (3) (b) (ii) of this Regulation, including the total number of beneficiaries of international protection pursuant to Article 51 (3) (b) (ii) (b), that shall be relocated;
Amendment 2365 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point b
Article 53 – paragraph 3 – point b
Amendment 2366 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c
Article 53 – paragraph 3 – point c
Amendment 2367 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point d
Article 53 – paragraph 3 – point d
Amendment 2370 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
Amendment 2373 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
Amendment 2380 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Articles 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and and 50 to 53 shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
Amendment 2383 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (540% weighting);
Amendment 2392 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (540% weighting).
Amendment 2398 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) unemployment rate (20% weighting)
Amendment 2404 #
2020/0279(COD)
Amendment 2430 #
2020/0279(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 2432 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
Amendment 2436 #
2020/0279(COD)
2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or onsituations where there its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]no migratory pressure and where the mechanism established in Article 51 -53 is not applicable, decide to relocate beneficiaries of international protection. In this case it shall inform the Commission without delay.
Amendment 2446 #
2020/0279(COD)
Amendment 2450 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point51(3) (b) (ii) (b).;
Amendment 2456 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned an individual and specific danger to national security or public order of that Member State, according to the procedure laid down in Article 14 (3). If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2)being relocated.
Amendment 2457 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 2466 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Where relocation is to be applied pursuant to Article 49,, the EU relocation coordinator should support the relocation activities from the benefitting Member Sstate shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agencyto the contributing member state implementing their obligations referred to in Article 49(213a (d).
Amendment 2473 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3a. Each Member State shall create a database of the requests of beneficiaries of international protection, who have been legally residing in its territory for less than two years and who have expressed their willingness to be relocated to another Member State. Each beneficiary of international protection may express up to two preferences for Member States to which he or she may be relocated. Each Member State shall regularly update the database referred to in this paragraph.
Amendment 2474 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 b (new)
Article 57 – paragraph 3 b (new)
3b. The Commission shall, by means of implementing act, lay down uniform criteria for the collection, retention and deletion by the Member States of the information referred to in paragraph 1, and the organizational and operational arrangements for the implementation of relocation;
Amendment 2475 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 c (new)
Article 57 – paragraph 3 c (new)
3c. When implementing the solidarity measures pursuant to Article 53(3), the benefitting Member State shall promptly inform of the activation of the relocation procedure, the beneficiaries of international protection registered in the database referred to in paragraph 1, on the basis of the chronological order of registration. Member States shall take into consideration the preferences expressed by the beneficiary of international protection. Potential beneficiaries of relocation shall express their consent to be relocated within 7 days after they have been informed, otherwise they shall be considered non-eligible for relocation. The benefitting Member State shall identify a number of beneficiaries corresponding to that established, by means of implementing act, by the Commission pursuant to Article 53.
Amendment 2477 #
2020/0279(COD)
Amendment 2483 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3.
Amendment 2484 #
2020/0279(COD)
Amendment 2489 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
Amendment 2512 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 2518 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) and (3), respectively, of Regulation (EU) XXX/XXX [Eurodac Regulation].
Amendment 2520 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 2523 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Where the Member State of relocation has relocated a beneficiary for international protection, tThe Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.
Amendment 2529 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegalrregularly staying on its territory, of Directive 2008/115/EC shall apply.
Amendment 2531 #
2020/0279(COD)
Proposal for a regulation
Article 59
Article 59
Amendment 2545 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
The cost of relocation and transfer will be covered by the EU budget.
Amendment 2546 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 b (new)
Article 61 – paragraph 1 b (new)
The costs of reception of an applicant met by a determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union.
Amendment 35 #
2019/2208(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the lack of harmonization has a deep impact on return practices among Member States;
Amendment 83 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returns, especially as it is less expensive and more sustainable;
Amendment 103 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, of at least 30 days, which Member States have to extend where necessary, taking into account the specific circumstances of the individual case; stresses that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departure;
Amendment 114 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead to Member States frequently refraining from granting a period for voluntary departure; recalls the need for a closed and exhaustive list of criteria’s to define strictly the risk of absconding; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
Amendment 122 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies; takes the view that unaccompanied children should not be returned and that children should be informed in a child-friendly manner and in a language that they understand about their rights and remedies;
Amendment 126 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies, in a language the person understands;
Amendment 135 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens; stresses that the best interests of the child should be the primary consideration for all decisions concerning children, including pending decisions relating to return;
Amendment 136 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens; an automatic suspensive remedy is necessary to harmonize the practices and ensure that people are not returning before the final decision;
Amendment 146 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; underlines the fact that granting residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and facilitate individuals’ social inclusion and contribution to society; notes that this would also help to get people out of administrative limbos where they are left;
Amendment 206 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention, which are proven to be better for migrants and Member States, since they cost less and have a less negative impact on migrants, especially children and vulnerable people;
Amendment 210 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention, especially for children both when unaccompanied and with their families;
Amendment 217 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests also in line with the New York Declaration for Refugees and Migrants of 19 September 2016; Stresses the importance for Member States to work out alternatives to detention, such as community-based placements for children;
Amendment 233 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, capacity and competence, a high level of independence and expertise, and transparent procedures; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, with particular attention for unaccompanied minors; children if returned, which should be avoided; calls on Member States to carry out a proper handover of child protection services among national authorities to ensure that returned children are taken care of and have access to national child protection services;
Amendment 240 #
2019/2208(INI)
20a. Calls on the Commission and Member States to ensure the sustainability of returns by monitoring them and by funding reintegration programs in cooperation with third countries of origin.
Amendment 1 #
2019/2206(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 2, 3, 4, and 18, 19 and 47 of the Charter of Fundamental Rights of the European Union,
Amendment 7 #
2019/2206(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to Articles 2, 3, 5, 8 and 813 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 10 #
2019/2206(INI)
Motion for a resolution
Citation 12
Citation 12
— having regard to the judgements of the European Court of Human Rights related to Regulation (EU) No 604/2013, and in particular Sharifi v. Austria of 5 December 2013 (Chamber judgment), Mohammadi v. Austria of 3 July 2014 (Chamber judgment), Sharifi and Others v. Italy and Greece of 21 October 2014 (Chamber judgment), and Tarakhel v. Switzerland of 4 November 2014 (Grand Chamber judgment), and ECtHR - M.S.S. v Belgium and Greece [GC]; Application No. 30696/09, Judgement of 21 November 2011, related to Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II)
Amendment 13 #
2019/2206(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the European Parliament Resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to Migration (2015/2095(INI));
Amendment 14 #
2019/2206(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to the ECJ judgement of the 2 April 2020 on the joined cases C-715/17, C-718/17 and C- 719/17 Commission v Poland, Hungary and the Czech Republic;
Amendment 20 #
2019/2206(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 2.5 million people applied for asylum in the European Union in the period 2015-2016, a fourfold increase compared to 2012-2013714,200 asylum applications were lodged in the EU in 2019;
Amendment 24 #
2019/2206(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas children account for almost half of the asylum requests filed in the EU;
Amendment 41 #
2019/2206(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in the case of most asylum applications, the set of hierarchical criteria and the deadlines laid down as part of Dublin procedures are not met and transfers are not carried out;
Amendment 43 #
2019/2206(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas studies on the implementation of the Dublin III Regulation highlight systematic disregard towards family provisions and incorrect application of the principle of the best interest of the child, which have resulted in unnecessary and unreasonable transfer procedures;
Amendment 46 #
2019/2206(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the provisions on dependent persons (article 16) and the discretionary clauses (article 17) could be widely used to support family unity;
Amendment 48 #
2019/2206(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Amendment 51 #
2019/2206(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the preventive action provision of the Dublin III Regulation (Article 33) has never been used;
Amendment 53 #
2019/2206(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Amendment 55 #
2019/2206(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas implementation of the Dublin III Regulation does not effectively address secondary movements which are largely due to asylum seekers' social- connections with specific countries, protection-based concerns, health reasons and systemic deficiencies in the asylum systems where application are made;
Amendment 56 #
2019/2206(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas Article 28 of the Dublin Regulation allows detention as an exceptional measure "to secure transfer procedures", where there is "significant risk of absconding" of the applicant; whereas this definition remains unclear and the interpretation varies from a Member State to another;
Amendment 59 #
2019/2206(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
Ch. whereas the use of detention and coercive transfers raises concerns with respect to asylum seekers' right to liberty, dignity and physical integrity;
Amendment 62 #
2019/2206(INI)
Da. whereas some of the flaws are inherent in the design of the Regulation and cannot be solved through better implementation alone;
Amendment 78 #
2019/2206(INI)
Motion for a resolution
Subheading 1
Subheading 1
Incorporating the principle of solidarity into the management of asylum seekersDublin Regulation
Amendment 79 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 97 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that relocation of children, in particular of unaccompanied children, should be accelerated and prioritised to ensure children have access to education, healthcare and appropriate accommodation; unaccompanied children should benefit of appropriate protection measures such as effective guardianship
Amendment 98 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the Dublin System, and in particular the first country of irregular entry criterion places a significant burden on a minority of Member states;
Amendment 99 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges the EU to establish an automatic, permanent and mandatory relocation mechanism ensuring the full respect of the principle of solidarity and fair sharing of responsibility enshrined in art.80 of TFEU; including for those rescued at sea;
Amendment 109 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU levelCommon European and Asylum System; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Council;
Amendment 117 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission,mechanism for early warning, preparedness and crisis management as set out in Article 33 has not been applied to date, considers that a solidarity-based mechanism in the EU should be established to ensure continuity of the right of asylum in the EU uander the best possible conditions not to hinder arrivals and deflect responsibility; emphasizes that the protection of fundamental rights of asylum applicants should always remain at the centre of this mechanism; also notes that the provisions set out in the Temporary Protection Directive has yet to be invoked;
Amendment 124 #
2019/2206(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that such a mechanism should allow for the participation of civil society organization providing professional assistance to people in need of international protection during the assessment of their asylum application, particularly of legal nature;
Amendment 130 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to makexpand the use of the discretionary clause in Article 17 when exceptional, to address challenging situations and humanitarian circumstances so warrant,, as for example to relocate and provide decent reception conditions to asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent receptioninhumane, degrading, unsanitary and unsafe conditions;
Amendment 134 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that provisions on family unity, which are the first in the hierarchy of criteria, should be efficiently implemented, and that provisions on dependent persons (article 16) and the discretionary clauses (article 17) should be used more widely to support family unity;
Amendment 136 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. In the absence of a permanent solidarity mechanism, supports the expanded use of discretionary clauses of Article 17 as a solidarity tool for responsibility sharing in particular in situations of large number of spontaneous arrivals and in the specific context of sea arrivals and disembarkation procedures;
Amendment 140 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 142 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the introduction, in accordance with international law, of fast- track Dublin procedures at the main points of irregular arrival in the EU, in European reception centres, in order to process asylum applications swiftly, assess their merits, determine the Member State responsible and, where appropriate, return asylum seekers without an unnecessarily prolonged detention period; Stresses that children shall not be detained for immigration purposes in line with the New York Declaration for Refugees and Migrant of 19 September 2016 and calls on the EU Member States to work out alternatives to detention, such as community-based placements for children;
Amendment 150 #
2019/2206(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that family reunification processes for children on the move should be enhanced;
Amendment 155 #
2019/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backing for Dublin proceduresand technical support provided by the European Asylum Support Office (EASO) in the hotspotto Member States; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedand the Commission to increase assistance to Member States, especially those at the border of the EU; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources, supporting Member States with Dublin procedures;
Amendment 159 #
2019/2206(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to monitor that interviews are conducted in the language of the asylum seeker or in a language that the applicant is reasonably supposed to understand;
Amendment 160 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the protection of fundamental rights must be at the heart of the measures taken to implement the Dublin III Regulation, including the protection of children, victims of trafficking and the most vulnerable; Calls on Member States to improve cross- border cooperation among law- enforcement authorities to prevent child trafficking and sexual exploitation of children, as well as to prevent the risk of absconding of children, ensuring a zero tolerance policy against missing children in migration;
Amendment 161 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. PDeplores that the rights of asylum seekers, including that to legal assistance, are often neglected when implementing the Dublin III Regulation, points out that the protection of fundamental rights must be at the heart of the measures taken to implementEU asylum policies and of the implementation process of the Dublin III Regulation, including the protection of childrenminors, victims of trafficking, victims of torture, and the most vulnerable;
Amendment 169 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that asylum seekers have the right to be fully informed on the procedures; regrets that the level of information provided to asylum seekers differs consistently from one Member state to another; urges the Member states to guarantee that minors have tailored, child-friendly information and specific support; stresses that providing legal assistance and interpretation are key to ensure applicants' right to information;
Amendment 174 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that transfers of asylum seekers, and in particular vulnerable people, minors and families can result in violations of their human rights; urges Member states to properly assess the risks to which applicants would be exposed in the Member States of destination; stresses in particular that transfers must be carried out in a way that under no circumstances exposes individuals to a risk of refoulement, irrespective of whether the asylum system of return is affected by systemic deficiencies;
Amendment 180 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and toenable a better use of the family provisions, including by harmoniseing the standards of proof required; callacross Member states oin the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detentiondirection of less stringent and more achievable standards; calls the Commission and the Member states to speed up family reunification procedures including through an immediate transfer to a country in which the applicant has family;
Amendment 183 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the Member States and the Commission to protectuse the best interests of the children and to clarify the criteria for keeping children in detentio as a primary consideration in all decisions concerning children;
Amendment 188 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that Member states do not proactively contribute to the identification and verification of the family links; deplores that the burden of proof is almost entirely left to the applicants;
Amendment 192 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Member States and the Commission to ensure an adequate verification of the best interest of the child, avoiding that the complexity of the procedures results in the failure to implement this principle, in particular for the unaccompanied minors of age between 16 and 18;
Amendment 193 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Regrets that Member states apply different interpretation of the best interest of the child; calls therefore the Commission to clarify the definition in line with EU legislation and to identify which family reunification possibilities, security and safety considerations, background information should be taken into consideration;
Amendment 194 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Urges the Member States and the Commission to clarify that detention is never in the best interest of the child and that a minor should never be detained because of the migratory status of their family; calls to expand the sources used for the monitoring and identification of unlawful practices to include information provided by international and non- governmental organizations where it is reliable, up-to-date and specific;
Amendment 206 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secencourages Member states to apply the discretiondary movements as essential in order to reduce the number of transfer requests; proposes thatclause more swiftly in cases where it becomes evident that transfers cannot be carried out, or where the coinditions which trigger transfer procedures be clarified and harmonisedvidual situation of the applicant requires so;
Amendment 219 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and, according to the evidence, that in many cases asylum seekers remain outside of the system due to disproportionate use of the criterion of the first countribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the systemy of irregular entry and the insufficient consideration of the meaningful links and the particular needs of the applicants; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in cases where anincrease trust between Member States and between them and the asylum seeker absconds;
Amendment 228 #
2019/2206(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that providing asylum seekers with legal assistance in connection with Dublin procedures, in particular in the hotspots, would simplify the process of obtaining asylum would enhance rights-compliant procedures, simplify Dublin procedures and improve decision- making; calls on the Member States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyone;
Amendment 232 #
2019/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States to increase the resources necessary to make Dublin III operational, particularly the number of asylum officers; calls on the European Commission to increase the funds available for the provision of legal assistance, especially funding for civil society professionals offering legal assistance to people in need of international protection during the Dublin procedure;
Amendment 235 #
2019/2206(INI)
Motion for a resolution
Subheading 4
Subheading 4
A singlerights-centred asylum application in the EU
Amendment 239 #
2019/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the principle of a single asylum application in the EU is consistently flouted, a state of affairs at odds with the very purpose of the Dublin III Regulation; considernotes that the competent national authorities should share their relevant information on a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal datare are multiple reasons for submission of additional asylum applications;
Amendment 249 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the Dublin III Regulation and this can contribute to onward movement; considers that accounting for individual needs of the applicant in the Dublin procedures would reduce secondary movements; calls for the inclusion of a relocation criteria considering the "genuine links" with a particular Member state as an efficient approach to reduce secondary movements;
Amendment 261 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 282 #
2019/2206(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with thirdimplementation of the Dublin III Regulation by taking stock of the elements countries, in order to optimise implementation of the Dublin III Regubuting to greater efficiency, and compliance with human rights legislation;
Amendment 286 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Council to find a sustainable solution and take the necessary steps to adopt a position on the Dublin Recast Regulation by qualified majority;
Amendment 60 #
2019/2199(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its resolution of 3 May 2018 on the protection of children in migration1a, __________________ 1a Texts adopted, P8_TA(2018)0201
Amendment 97 #
2019/2199(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
– having regard to the resolution of the Parliamentary Assembly of the Council of Europe of October 2014 on the alternatives to immigration detention of children (RES 2020),
Amendment 112 #
2019/2199(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is not merely a monetary union, but also a social one, as enshrinvalue based one; whereas Article 2 of the TEU states that the EU is founded ion the Charter, the European Convention on Hvalues of respect for human dignity, freedom, democracy, equality, the primacy of law and human Rrights, the European Social Charter and the European Pillar of Social Rightsincluding the rights of persons belonging to minorities – values which are shared by all the Member States and which must be upheld and actively promoted by the EU and each Member State individually in all their policies, both internally and externally in a consistent way;
Amendment 113 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas women and children are at higher risk of being trafficked, exploited and sexually abused, both online and offline, including at the hands of traffickers and therefore there is a need for Member States to build and strengthen child protection systems to prevent and respond to violence, abuse, neglect and exploitation of children;
Amendment 115 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 17 of the TEU states that the Commission must ensure the application of the Treaties; whereas a refusal by a Member State to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of state actions is undermining the credibility of the EU as a legal area;
Amendment 128 #
2019/2199(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the EU is also a social union, as enshrined in the European Convention on Human Rights, the European Social Charter and the European Pillar of Social Rights;
Amendment 138 #
2019/2199(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas violence against women continues and includes physical, psychological and sexual violence; whereas initiatives as #Metoo are important; whereas women are still discriminated at the labour market and a woman only makes around 84 percent of a man's salary;
Amendment 260 #
2019/2199(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance for the EU and its Member States to work out specific programmes aimed at ending child poverty;
Amendment 261 #
2019/2199(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Acknowledges the importance for Member States to adopt laws to safeguard and strengthen maternity and paternity rights in order to provide a healthy, stable environment for children, in particular during the first months of their lives;
Amendment 321 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ae (new)
Paragraph 4 ae (new)
4ae. Calls for the quick adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 374 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Expresses concern that six EU Member States, Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia, have not yet ratified the Istanbul Convention;
Amendment 397 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that Member States should put in place an intersectional approach to combat all forms of discrimination affecting children, taking into in consideration their vulnerabilities, in particular - but not limited to - those of children with disabilities, migrant children, children of migrant background, children from minorities and religious groups, LGBTI children, children of LGBTI parents and stateless or undocumented children, who are disproportionately exposed to discrimination on multiple grounds and therefore require a specialised approach to address their specific needs;
Amendment 403 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its concern at the lack of reporting of hate crimes by victims owing to inadequate safeguards and to the failure of authorities to investigate properly and obtain convictions for hate crimes in the Member States;
Amendment 465 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that freedom of expression, information and media are fundamental for ensuring democracy and the rule of law; strongly condemns violence, pressure or threats against journalists and media, including in relation to the disclosure of information about breaches of fundamental rights;
Amendment 499 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that children of LGBTI families, as well as their parents, are victims of human rights violations in the EU and are subject to restrictions of their freedom of movement in the EU, as a result of the refusal of some Member States to recognise same-sex parenthood; urges therefore the Member States and the Commission to adopt laws that recognise the free movement of public documents and mutual recognition of the effects of civil status records in the European Union;
Amendment 547 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reiterates that immigration detention of children is never in the child’s best interest in line with the New York Declaration for Refugees and Migrants, that children shall not be detained in the context of migration, and therefore calls on Member States to work out community-based alternatives to detention, as well as prioritising integration, education and psychological support;
Amendment 557 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses the importance for Member States to put in place specific measures to grant all migrant children, swiftly after their arrival, access to education, language learning, healthcare, good living conditions and, when unaccompanied or separated, to have a guardian;
Amendment 571 #
2019/2199(INI)
Motion for a resolution
Subheading 5
Subheading 5
Rule of law and fight against corruption and organised crime
Amendment 592 #
2019/2199(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the EU institutions and the Member States to resolutely fight systemic corruption and organised crime, and to devise effective instruments for preventing, combating and sanctioning corruption and fighting organised crime and fraud, as well as regularly monitoring the use of public funds; highlights the negative impact of corruption and organised crime on human rights; calls on the Commission to immediately resume its annual anti- corruption monitoring and reporting, with reference to the EU institutions and the Member States; calls on all the Member States to comply with the GRECO recommendations28 ; __________________ 28 Group of States against Corruption
Amendment 593 #
2019/2199(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the EU institutions and the Member States to resolutely fight systemic corruption and to devise effective instruments for preventing, combating and sanctioning corruption and fighting fraud, as well as regularly monitoring the use of public funds; highlights the negative impact of corruption on human rights; calls on the Commission to immediately resume its annual anti- corruption monitoring and reporting, with reference to the EU institutions and the Member States; calls on all the Member States to comply with the GRECO recommendations28 ; __________________ 28 Group of States against Corruption
Amendment 5 #
2019/2166(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction,
Amendment 6 #
2019/2166(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption,
Amendment 7 #
2019/2166(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
— having regard to the Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime,
Amendment 23 #
2019/2166(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regards to its resolution of 21 January 2021 on the EU Strategy for Gender Equality (2019/2169(INI)),
Amendment 63 #
2019/2166(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas between 70% and 85% of children know their abuser and the vast majority of children are victims of people they trust;1a _________________ 1ahttps://www.coe.int/en/web/human- rights-channel/stop-child-sexual-abuse- in-sport
Amendment 72 #
2019/2166(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the prevalence and intensity of intimate partner violence cases in many Member States, resulting from forced confinement within the home and making it difficult for women to access effective protection and, support and justice; whereas in spite of the prevalence of the phenomenon, intimate partner violence against women remains under-reported in the EU for various reasons and there is a significant lack of comprehensive data;
Amendment 76 #
2019/2166(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas domestic and gender- based violence has increased as a result of the lockdown measures put in place during the COVID-19 pandemic and according to the latest Europol Report1a child sexual abuse online in the EU has dramatically increased; _________________ 1a https://www.europol.europa.eu/publicatio ns-documents/exploiting-isolation- offenders-and-victims-of-online-child- sexual-abuse-during-covid-19-pandemic
Amendment 88 #
2019/2166(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas education plays a fundamental role in building children’s and young peoples’ skills to form healthy relationships, notably by addressing gender norms, gender equality, power dynamics in relationships, consent, respect for boundaries, and helps to combat gender-based violence; whereas according to the UNESCO International technical guidance on sexuality education, curriculum-based programmes on comprehensive sexuality education (CSE) enable children and young people to develop knowledge, attitudes and skills, including respect for human rights, gender equality, consent and diversity and it empowers children and young people;
Amendment 115 #
2019/2166(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas anonymous complaints and complaints later retired by victims may hamper further investigation by the authorities and present an obstacle to the prevention of further violence;
Amendment 122 #
2019/2166(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. where the best interest of the child should always be the primary consideration in all decisions concerning children, including family disputes;
Amendment 155 #
2019/2166(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. Whereas article 83(1) of the TFEU provides for the possibility to establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis; whereas on the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in the paragraph, after obtaining the consent of the European Parliament. Whereas article 83 (2) of the TFEU provides for the possibility to establish minimum rules with regard to the definition of criminal offences and sanctions, in order to ensure the effective implementation of a Union policy in an area which has been subject to harmonisation measures
Amendment 161 #
2019/2166(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemnCondemns in the strongest possible terms all forms of violence against women and deplores the fact that women continue to be exposed to intimate partner violence which constitutes a serious violation of their human rights and dignity;
Amendment 164 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that the Istanbul Convention is a pivotal instrument against gender-based violence; deplores the fact that the Convention has not been ratified by the European Union yet; regrets that to this date only 21 EU Member States have ratified it; notes with great concern that the effective implementation of the Convention is still patchy across Europe; calls therefore on the Member States that ratified the Convention to step up their efforts in ensuring its full implementation;condemns the attempts at setting back progresses made in the fight against gender-based violence, including domestic violence, that are going on in some Member states; supports the Commission’s plan to continue pushing for the EU-wide ratification of the Istanbul Convention; calls on remaining Member States to swiftly complete the ratification process; underlines, in this context, the need for specific measures to address the existing disparities in laws, policies and services between Member States and the increase in domestic and gender-based violence during the COVID- 19 pandemic; warmly welcomes, therefore, the Commission’s intention to propose a directive to tackle all forms of gender-based violence to complement and achieve the objectives of the Istanbul Convention, as the EU’s accession remains blocked; calls on the Council to add gender-based violence to the list of criminal offences in the EU;
Amendment 169 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. stresses the importance to fully and swiftly implement the EU Gender Equality Strategy and its key objectives on stopping gender-based violence;
Amendment 172 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the EU Strategy on victims’ rights (2020-2025) which will address the specific needs of victims of gender-based violence, in particular a specific approach for psychological violence against women and the impact on their mental health on the long run; stresses the need to address the current gaps in the EU legislation and asks the Commission to put forward, without delay, a proposal for a review of the Victims’ Rights Directive with regard to international standards on violence against women, such as the Istanbul Convention, with a view to enhancing the legislation on victims’ rights and the protection and compensation of victims; stresses the need for all victims to have effective access to justice through the implementation of the Victims’ Rights Directive, which is still lacking in some Member States; asks for the continued promotion of victims’ rights also through existing instruments such as the European Protection Order;
Amendment 175 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Calls on the Commission to develop a European Union protocol on violence against women in times of crisis and emergency to prevent violence against women and to support victims of gender- based violence during emergencies such as the COVID-19 pandemic; highlights that this protocol should include essential protection services for victims; Calls on the Commission to coordinate the sharing of best practices between the Member States, to promote accurate and comparative data collection, to accurately measure the extent of such violence, to consider the possibility of producing forecasts, and to assess the impact of COVID-19 on the provision of key services to victims; stresses the need to urgently collect harmonised data on gender-based violence and calls on the Member States to collect and provide the relevant data when requested, including to Eurostat; welcomes the Commission’s commitment to carry out a new EU survey on gender-based violence with the results to be presented in 2023; underlines the urgency of completing such a survey due to the spike in gender-based violence, and especially domestic violence, during the COVID-19 pandemic;
Amendment 178 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Encourages the exchange between Member States of guidelines, good practices and protocols that have resulted to be effective in addressing intimate partner violence, especially during emergencies; stresses that arrest in flagrante delicto should be compulsory and that, if legal conditions for arrest are not met, the alleged abuser should nonetheless be immediately removed from the victim's house and kept away from the victim's workplace to prevent the risk of further violence;
Amendment 182 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Points out that education is pivotal to eradicate gender based violence, and intimate partner violence in particular; calls on Member States to include issues such as equality between women and men, non-stereotyped gender roles, mutual respect, non-violent conflict resolution in interpersonal relationships, gender-based violence against women and the right to personal integrity, age appropriate sexuality education, adapted to the evolving capacity of learners, in formal curricula and at all levels of education;
Amendment 183 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Urges the Member States to continue analysing data on and tendencies in the prevalence of and reporting on domestic violence, as well as the consequences for children; asks the Member States to establish safe and flexible emergency warning systems, offer new assistance services by phone, email and text message for direct police outreach and online services such as helplines, concealed apps, digital platforms, pharmacy networks, and provide emergency funding to support services, non-governmental organisations and civil society organisations (CSOs); calls on the Member States to ensure that support services take a coordinated approach to identifying women at risk, to ensure that all these measures are available and accessible to all women and girls within their jurisdiction; invites the Member States to share national innovations and best practices in addressing gender-based violence to better identify and promote efficient practices, and calls on the Commission to promote those practices;
Amendment 192 #
2019/2166(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements for custody allocation and visitation rights, the protection of women and children from violence and the best interests of the child must be paramount and should take precedence over other criteria; stresses, therefore, that awarding exclusive custody to the non-violent partner, most frequently the mother, represents the best alternativeonly way in order to prevent further violence and secondary victimisation of the victims;
Amendment 202 #
2019/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targeted training for judicial and law enforcement officers, including judges, about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, and about the relevance of intimate partner violence to children’s rights, and to their protection and well- being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools; recalls the importance of European Judicial Training Network (EJTN) in this respect;
Amendment 214 #
2019/2166(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims of intimate partner violence, including raising awareness of gender- based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection is given priority; emphasises the need to strengthen dedicated judicial offices and child and female victim- friendly justice, limiting the excessive discretionary powers of practitioners and establishing checks on child custody procedures by qualified professional figures;
Amendment 242 #
2019/2166(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to provide quality, gender- segregated and comparable EU-wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE; stresses the key role of Eurostat and of Member States’ statistical institutes in producing high quality, timely and reliable statistics on gender-based violence, including intimate partner violence; recalls that such action is eligible for funding under the Single Market Programme for the period 2021- 2027, which should contribute in speeding up such production by Member States even in the ones where such data is still not collected or such statistics not produced yet;
Amendment 291 #
2019/2166(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to promote betterfull access to legal protection, effective hearings and restraining orders, counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures based on common minimum standards and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their children;
Amendment 297 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. highlights for this reason the key role of economic support for the victims in order to reach financial independence from the violent partner; for the same reason, calls on Member States to provide rapid and effective decisions on paid child support to avoid dependence of the victim and potentially dangerous situations also for the child;
Amendment 306 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Highlights the need for special attention and specific procedures and standards for cases in which the victim or the child involved is a person with disabilities or belongs to a particularly vulnerable group;
Amendment 309 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Welcomes the initiative of the Commission to put forward an EU strategy on the rights of the child (2021- 24); underlines the need to protect the rights of the most vulnerable children, with particular attention to children with disabilities, the prevention of and fight against violence and the promotion of child-friendly justice; calls for a full and swift implementation of the strategy by all Member States;
Amendment 311 #
2019/2166(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; highlights the strategic role of media in this regard; stresses, however, that in some Member States femicides and cases of gender violence are still presented in absolutory terms with regard to the violent partner; emphasizes that instead the media should strongly condemn this type of violence and abstain from treating the violent partner with an absolutory tone;
Amendment 320 #
2019/2166(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 331 #
2019/2166(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Encourages good practices already existing in some Member States to prevent further violence, such as the recording of the victims' telephone numbers in special lists related to stalking and intimate partner violence, in order to give absolute priority to possible future calls during emergencies and facilitate effective law- enforcement interventions;
Amendment 333 #
2019/2166(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Emphasises that the certainty of punishment of abusers is essential to both deter further violence, and reinforce trust in public authorities especially by the victims; however, further points out that prison term by itself is not enough to prevent future violence and that specific rehabilitation and re-education programs are necessary; calls on the Member States to set up or support programmes aimed at teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships with a view to preventing further violence and changing violent behavioural patterns; highlights that the safety of, support for and the human rights of victims are of primary concern and that, where appropriate, these programmes should be set up and implemented in close coordination with specialist support services for victims
Amendment 339 #
2019/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that thearing from the child is important child has the right to be heard, which is a key element in order to establish what is in the best interests of the child while examining custody cases; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child- friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation; calls for minimum EU standards on how such hearings should be conducted;
Amendment 344 #
2019/2166(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Member States to adopt, as provided for in Article 26 of the Istanbul Convention, the necessary legislative and other measures to ensure specific protection and support for child witnesses of violence, including age- appropriate psychosocial counselling; calls on the Member States, in addition, to introduce special measures concerning so-called witnessed violence, including provisions for specific aggravating circumstances;
Amendment 362 #
2019/2166(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Points out that fair remuneration and economic independence are key factors for enabling women to leave abusive and violent relationships; calls on the Commission and the Member States to promote and support such an independence, including through the support of women entrepreneurs and workers; welcomes the proposal for a directive on adequate minimum wages and the proposal for binding pay transparency measures;
Amendment 2 #
2019/2098(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities on public procurement procedures and related payments; notes that corrective actions launched by EASO in response to the Court’s findings for the year 2017 regarding its governance and internal control arrangements were still ongoing at the end of 2018; highlights especially that the majority of vacancies opened in 2017 were still not filled at the end of 2018; notes that the Court has identified a horizontal trend across agencies in the use of external staff hired in IT consultancy roles; calls for this dependency on external recruitment in this important area to be addressed; deplores that the legality and regularity of payments only slowly improved in 2018 due to the lack of proper management attention; regrets that a major procurement procedure (EUR 50 million) carried out by EASO in 2018 was again irregular due to major procedural weaknesses; acknowledges that the new Executive Director has already taken actions to improve the management of EASO and shows strong commitment to address the organisational flaws within EASO as a matter of priority;
Amendment 5 #
2019/2098(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that the Court has identified a horizontal trend across agencies in the use of external staff hired in IT consultancy roles; calls for this dependency on external recruitment in this important area to be addressed; recalls the need to internalize IT services as much as possible, as current excessive outsourcing poses a serious risk for the protection of sensitive personal data;
Amendment 6 #
2019/2097(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls, in particular for this Agency that deals with the interoperability of sensitive data, the importance and the need to internalize data collection and processing services; highlights in this regard the importance of the protection and confidentiality of such data and the risks that the current external IT services management system potentially involves;
Amendment 2 #
2019/2096(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises thatRecalls the importance of the European Asylum Support Office (‘EASO’ or ‘the Office’) contributesfor the development of the common European asylum system and emphasises the positive contribution of the Office to enhanced practical cooperation of Member States on asylum in Europe, assists Member States to fulfil their obligations and acts as a centre of expertise on asylum;
Amendment 7 #
2019/2096(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that EASO’s budget was substantially increased from 79 million EUR to 98 million EUR (+24%) while the staff only increased from 200 to 207 (+3.5%); is concerned by the Court’s finding that contingency funds in EASO’s budget to cover unforeseen and urgent operational needs were absent; calls on the Office to address this situation in consultation with budgetary authorities and the Commission, especially in light of the nature of EASO’s operational activity; welcomes that the report of the Court acknowledged that, out of the 61 measures in the action plan, 30 measures were completed while 31 had an ongoing status;
Amendment 14 #
2019/2096(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets EASO’s strong reliance on interim workers to compensate for the lack of seconded national experts which Member States are obliged to send under the EASO Regulation; calls on the Member States to comply with their obligations in this regard; encourages the Office to follow up on the Court’s recommendation to analyse, together with the budgetary authorities, the cost- efficiency of external staff in relation to statutory staff and whether the applicable legal framework is fully complied with, especially as regards working conditions; considers in any case that the staffing of EASO should be increased to allow the Office to properly perform its entrusted duties; welcomes, in this regard, the ambitious recruitment plan put in place in the meantime and its positive impact on the filling of vacant positions;
Amendment 18 #
2019/2096(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. AcknowledgWelcomes the efforts made by the Office in reforming its governance through the EASO Governance Action Plan endorsed by the Management Board in 2018; notes that around half the corrective actions launched by the Office’s management still need to be completed; welcomes in particular the remedial actions put in place regarding internal control standards; calls on EASO to further improve its internal control processes by devoting specific attention to introducing a ‘sensitive posts policy’, including a mitigation of control mechanisms and staff mobility to better manage risks associated with sensitive functions.
Amendment 1 #
2019/2088(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’ or ‘the Agency’) in assissupporting Member States with criminal investigations; emphasises also the increase in Europol's tasks and its fundamental action in the fight against organized crime and terrorism;
Amendment 5 #
2019/2088(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the number of operations that Europol supported grew from 1496 in 2017 to 1748 in 2018 (+16.8%), that the operational meetings funded by Europol increased from 403 in 2017 to 427 in 2018 (5.9%) and that the Joint Investigation Teams supported by Europol increased from 64 in 2017 to 93 in 2018 (+45%), with 27 of these requiring coordination amongst more than 20 countries;1 notes that the increase in Europol`s budget corresponds to an intensification of all its operations, including supporting cooperation in the field of cybercrime and fight against terrorism online; _________________ 1 https://www.europol.europa.eu/sites/defaul t/files/documents/europolinbrief2019.pdf
Amendment 15 #
2019/2088(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Requests the Agency to review its linguistic policy and calls on the Budgetary Authority to provide sufficient financial resources to allow for the translation of Europol’s official reports into all official Union languages, given the importance of its work for European citizens and the fact that the Joint Parliamentary Scrutiny Group composed of national and European parliamentarians from all Member States should be able to do its work properly; invites the European Commission and the Agency to establish a framework of cooperation with the Translation Centre for the Bodies of the European Union (CDT), in order to reduce the financial burden for translation.
Amendment 23 #
2019/2083(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Considers that the Agency should proactively provide information regarding its operational activities in order to protect it from unfounded accusations; invites the Agency to come to the LIBE committee to fulfil its specific reporting duties towards Members of the European Parliament by providing regular detailed briefings, where necessary in a non-public setting; calls on the Agency to make the report on the practical application of Regulation (EU) No 656/20142 for the year 2018 available, as it is legally obliged to do, and to provide more tangible information in the future to allow for a proper assessment of the Agency’s activities at sea. _________________ 2 Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (HL L 189, 27.6.2014, p. 93).
Amendment 1 #
2019/2074(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importantfundamental role of the European Judicial Cooperation Unit (‘Eurojust’) in assisting competent authorities of the Member States in the investigation and prosecution of serious cross-border and organised crime;
Amendment 2 #
2019/2074(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes also the fact that the Court recognized that all the recommendations from previous years were correctly implemented by Eurojust;
Amendment 6 #
2019/2074(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores that Eurojust was faced with a significant budget decrease from EUR 48 to 38 million (-21%) and a reduction in staff from 242 to 238 (-1.6%) despite a 19% increase in the workload compared to 2017; reminds that the workload is expected to increase further with the new mandate which will enter into force at the end of 2019 and that some cases concerning complex investigations can last several years; further reminds that the number of coordination centres held in 2018 was 17, just as in 2017, demonstrating the popularity of this operational tool and its utility; stresses that the budget of Eurojust should match its tasks and priorities in order to enable it to fulfil its mandate; calls on Parliament’s competent committees to invite the Administrative Director of Eurojust to present the forecasted long-term funding needs of Eurojust, including the efficiency gains expected and the operational gaps which would result from insufficient funding, and the necessary adjustments to ensure efficient support for the European Public Prosecutor's office;
Amendment 1 #
2019/2069(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the important role of the European Monitoring Centre for Drugs and Drug Addiction (the 'Centre’) in providing policy-makers and practitioners with analyses and information concerning drugs and drug addiction as well as emerging trends with a view to effectively counter illicit drug use and trafficking and recalls that drug trafficking has been identified as a main source of profit and a channel of recruitment for organized crime and terrorism; reminds that the Centre’s mandate was expanded in 2018, including new responsibilities and formal partnerships with other EU agencies, such as Europol;
Amendment 2 #
2019/2068(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights in particular the value of the Agency’s studies and opinions for the development of Union legislation; welcomes the commitment of the Agency to the protection of vulnerable groups by conducting specific studies;
Amendment 21 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomNotes the increases of Commitment appropriations of JHA Agencies such as EASO (41,5 %), EBCG (34,6 %), CEPOL (14 %), EMCDDA (7,7 %), FRA (5,4 %), Eurojust (5,2 %), and Europol (2,1 %) compared to the budget 2019;
Amendment 22 #
2019/2028(BUD)
Draft opinion
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls the importance of granting adequate resources and staffing to OLAF, Europol and Eurojust, in order to ensure their ability to cooperate effectively with the EPPO and fulfil the common mission of protecting the EU financial interests. In this regard, expresses concerns about the decrease in staff reported by OLAF in its Annual Report 2018, while the workload of the Office has structurally increased.
Amendment 43 #
2019/2028(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the Commission did not follow the budgetary requests of Europol and Eurojust and proposed to underfund the Agencyin 2020 Europol by 30 million euros in 2020and Eurojust by 3.7 million euros; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (-55 million euros) corresponds to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support and staffing for JHA Agencies to effectively deliver the tasks assigned to them in full transparency and to fight against cross- border serious crime in full compliance with fundamental rights;
Amendment 3 #
2018/2210(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges, however, that for EASO, the Court issued an adverse opinion regarding the legality and regularity of its payments due to material and systematic instances of non-compliance of payments with EASO’s Financial Regulation and other applicable rules and provisions, mainly related to public procurement and recruitment procedures underlying payments; regrets that the combined error from non-compliant payments amounts to at least 7,7 million euros or 10,3 % of the EASO total payments made in 2017; notes the exponential deterioration of the human resource situation in EASO in 2017; regrets that EASO does not currently have the administrative capacity to fill its high number of vacancies causing a significant risk to the continuation of its operations at the current scale; notes that the Parliament refused the discharge for the 2016 budget of EASO in October 2018; welcomes EASO’s strong commitment to address its organisational and managerial weaknesses without delay; reminds that due to such commitments and certain progress, Parliament has granted belated discharge for the 2016 budget of EASO in October 2018;
Amendment 10 #
2018/2210(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that different Justice and Home Affairs Agencies only publish vacancy notices on their own website and in a limited number of languages; requests all the Justice and Home Affairs Agencies to systematically publish all their vacancy notices on the website of the European Personnel Selection Office (EPSO) in all Union languages, in order to increase transparency for all Union citizens; acknowledges the additional costs relating to the translation of vacancy notes in all the EU languages and invites the European Commission to consider measures aimed at reducing the financial burden for the translation of vacancy notices upon the Agencies, including by establishing an ad hoc framework agreement with the Translation Centre for the Bodies of the European Union (CdT);
Amendment 9 #
2018/2209(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes that IT projects were implemented on time, on cost and on budget in 2017; points out, however, that the Agency outsourced 90 % of its projects via three framework contracts; stresses that even if the Agency’s IT projects are under its control, outsourcing its activities to such a large extend creates risks of over-reliance and over-dependency on external contractors; request, therefore, the Agency to devise a long term strategy to mitigate this risk; acknowledges the administrative overhead, technical challenges and additional costs, including staffing costs, of adopting such a strategy but stresses that, given the sensitivity of its IT systems, contractor lock-in must be avoided; requests the Agency to present its vendor and contractor strategy to the European Parliament; requests the Agency to take all necessary measures to ensure that contractors having access to sensitive information about IT systems or the data they process are legally bound to stringent confidentiality rules and to demand that such contractors have formal national security clearances at the time of accessing such information; requests the Agency to ensure that its contractors are not bound by any laws of third countries that could bring them into conflict with the confidentiality arrangements established by the Agency;
Amendment 11 #
2018/2209(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls the importance of adequate staffing and appropriate human resources management and regrets the small number of staff in key operational units, in particular in the Application Management and Maintenance (AMM) unit; points out as well that in the second half of 2017, the head of the AMM unit also occupied ad interim the posts of Head of the Operations Department and Head of the Operations and Infrastructure Unit, thereby combining the three highest management posts in the Operations Department; points out that this is not just a risk from a business continuity perspective but is also a sub-optimal segregation of duties, creating potential operational conflicts of interests; request the Agency to avoid taking unnecessary operational risks due to its human resource constraints and requests it to address those issues without delay;
Amendment 2 #
2018/2208(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Deeply regrets thatRecalls the importance of the European Asylum Support Office (EASO) (‘the Agency’) for the development of the Common European Asylum System; deeply regrets that EASO is the only EU decentralised agency for which the Courts of Auditor’s (the ʽCourtʼ) did not deliver a cleanr opinion on the legality and regularity of payments;
Amendment 4 #
2018/2208(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. CHighlights the importance of appropriate staffing and calls on EASO to address in priority the exponential deterioration of the human resources situation as reported by the Court; stresses that since 2014 the Agency suffered from high staff turnover, that recruitment procedures were suspended in 2017, and that by the end of 2017, the Agency did not have the administrative capacity to fill its high number of vacancies; points out that the human resources situation seriously threatens the continuation of EASO operations which is unacceptable for the European Parliament given the importance of EASO’s miss; takes positively note of the commitment of the Agency to address the issue through a new recruitment plan and organizational measures aimed at improving staff working conditions; calls therefore on the Agency to reorganise itself to significantly improve the quality of its internal management and the efficiency of its internal procedures and processes;
Amendment 9 #
2018/2208(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Reminds of the granted discharge of the Agency by the Parliament in October 2018 for the financial year 2016 as a positive signal, recognising the importance of the Agency; regrets thatgrets for the irregularities with regard to Performance Based Budgeting, Transparency & Democracy and People (Staff) management, which had led to a refusal of the discharge in April 2018, have not all been corrected yetOctober 2018; welcomes though the new management of the Agency and fully supports its efforts to take all necessary measures to secure the efficient work of the agency in accordance with procurement regulation and staff rules.
Amendment 7 #
2018/2200(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls the importance and the added value of Europol in the fight against organised crime across Europe and, in particular, its role in funding Joint Investigation Teams (JITs); welcomes, in that regard, the recent conclusion of a new Memorandum of Understanding between Europol and Eurojust 1alaying down criteria and conditions for the financial support to JITs activities provided by the two Agencies. _________________ 1a Memorandum of Understanding on the joint establishment of rules and conditions forfinancial support to joint investigation team activities between Europol andEurojust, signed on the 1st of June 2018.
Amendment 8 #
2018/2200(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that Europol does not publish vacancy notices on the website of the European Personnel Selection Office (EPSO) but only on its own website and in social media; acknowledges that the working language of Europol is principally English but points out that the publication of Europol vacancy notices on the EPSO website would be useful and relevant as it would increase transparency and publicity and allow citizens to identify vacancies published by the different Union institutions and agencies collectively; requests Europol to also publish its vacancy notices on the EPSO website; invites the European Commission to consider measures aimed at reducing the financial burden for the translation of vacancy notices upon the Agencies, including by establishing an ad hoc framework agreement with the Translation Centre for the Bodies of the European Union (CdT);
Amendment 7 #
2018/2195(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets that vacancy notices are published only on the Agency’s website and in a limited number of languages only; requests the Agency to systematically publish all its vacancies on the website of the European Personnel Selection Office (EPSO) in all Union languages in order to increase transparency for Union citizens; acknowledges the additional costs relating to the translation of vacancy notes in all the EU languages and invites the European Commission to consider measures aimed at reducing the financial burden for the translation of vacancy notices upon the Agencies, including by establishing an ad hoc framework agreement with the Translation Centre for the Bodies of the European Union (CdT);
Amendment 12 #
2018/2195(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes again with concern the absolute gender imbalance in the Agency’s Management Board; calls on Member States to ensure gender balance when nominating their members for the Agency's Management Board; calls on the Agency to pro-actively remind Member States of the importance of gender balance; in addition, invites the Agency to adopt measures aimed at achieving abetter geographical balance in its staff composition.
Amendment 3 #
2018/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the Agency only publishes vacancy notices on its own website, in social media and in the inter- agency network and not on the website of the European Personnel Selection Office (EPSO); acknowledges the additional translation costs incurred but points out that there are only a limited number of vacancies concerned in the specific case of the Agency; agrees with the Court of Auditors that this would be relevant and useful as EPSO publications increase transparency and publicity and allow citizens to identify vacancies published by the different European institutions and agencies collectively; insists therefore that the Agency also publishes its vacancy notices on the EPSO website; acknowledges the additional costs relating to the translation of vacancy notes in all the EU languages and invites the European Commission to consider measures aimed at reducing the financial burden for the translation of vacancy notices upon the Agencies, including by establishing an ad hoc framework agreement with the Translation Centre for the Bodies of the European Union (CdT);
Amendment 9 #
2018/2194(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls upon the Agency to incorporate in its curriculum a significant element of anti-racism and anti- discrimination training, as well as to develop specific training on the procedural safeguards for children who are suspects or accused in criminal proceedings.
Amendment 2 #
2018/2186(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that Eurojust does not publish vacancy notices on the website of the European Personnel Selection Office (EPSO) but only on its own website and in social media; acknowledges the additional translation costs incurred but points out that there is only a limited number of vacancies concerned in the case of Eurojust; agrees with the Court of Auditors that this would be relevant and useful as EPSO publications increase transparency and publicity and allow citizens to identify vacancies published by the different Union institutions and agencies collectively; insists therefore that Eurojust also publishes its vacancy notices on the EPSO website; invites the European Commission to consider measures aimed at reducing the financial burden for the translation of vacancy notices upon the Agencies, including by establishing an ad hoc framework agreement with the Translation Centre for the Bodies of the European Union (CdT);
Amendment 5 #
2018/2186(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls the importance and the added value of Eurojust in the fight against organised crime across Europe and, in particular, its role in funding Joint Investigation Teams(JITs); welcomes, in that regard, the recent conclusion of a new Memorandum of Understanding between Eurojust and Europol laying down criteria and conditions for the financial support to JITs activities provided by the two Agencies.
Amendment 4 #
2018/2180(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. RegretAcknowledges the complex nature of the studies undertaken by the Agency, covering the law and practice of 28 Member States and observes that at least three open calls for tenders for procuring studies were unsuccessful because offers received exceeded the defined maximum contract value (due to unrealistic market estimations); regrets that this led to additional administrative overhead for the Agency and affected the timing of its operations; notes the request for additional funding of the Agency but points out that budgetary constraints can never lead to suboptimal public procurement procedures; asks therefore the Agency to conduct appropriate market research before launching call for tenders for studies and to continue to improve the efficiency of its public procurement procedures;
Amendment 6 #
2018/2180(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets the fact that the Agency’s mandate still limits its role as regards the support for fundamental rights; stresses that the Agency should be ablehighlights the value of the Agency´s studies and opinions for the development of Union legislation; invites the Commission to consider amending the legal basis in order to enable the Agency with the possibility to offer opinions on legislative proposals on its own initiative and that its remit shouldo extend to all areas of rights protected under the Charter of F undamental Rights of the European Union, including issues of judicial and police cooperation in criminal matters; recommends the inclusion of those thematic areas in the new multiannual financial framework.
Amendment 8 #
2018/2180(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the fact that the Agency continued its research on the situation of minorities in the Union in the context of the Second European Union minorities and discrimination survey; in this regard, especially welcomes the publication of the latest thematic report on the discrimination faced by people of African descent in the EU; welcomes, furthermore, the publication of the study on the transition from education to employment of young Roma;
Amendment 11 #
2018/2180(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes the commitment of the Agency on children rights, which has been continued with the studies carried out on the on the minimum age requirements for participation in criminal and civil proceedings across the EU, on the age assessment and fingerprinting of children in asylum proceedings and on children poverty in the EU.
Amendment 8 #
2018/2166(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the key finding of the Court that AMIF and ISF accounts cleared by the Commission in 2017 did not distinguish between pre-financing payments (advances) made by Member States to final beneficiaries, and payments made to reimburse expenditure actually incurred; agrees with the Court that even if such practice is in line with the current reporting requirements for AMIF and ISF, it nevertheless severely undermines the Commission’s supervisory role; supports the recommendation of the Court to require Member States, in the annual accounts of their AMIF and ISF national programmes, to break down the nature of the amounts they report into recoveries, pre-financing, and expenditure actually incurred, so the Commission can report this information adequately in its Annual Activity report as from 2018. In addition, with the aim of enhancing the overall transparency of the AMIF fund, recalls the importance of breaking down the budget lines according to the four general objectives of the fund (Asylum, Legal Migration and Integration, Return and Solidarity)
Amendment 81 #
2018/2144(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges improvement in the enforcement and monitoring mechanisms for human rights protection, including by tackling violence against women and children; calls therefore for an effective implementation of fundamental rights policies, in particular on gender equality, rights of people with disability, children's rights and rights of Roma people, by securing adequate budget allocations and resources to implement the policies and build capacity of responsible institutions;
Amendment 102 #
2018/2144(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes regulatory changes in the field of education; urges the authorities to address and the steps taken to increase pre-school participation rates, including for children from disadvantaged backgrounds; stresses the importance of a comprehensive approach to early childhood development and the need to address health concerns such as the low immunization coverage; urges the authorities to address the low secondary education completion among Roma students (3%, the lowest in the region) and the high long-term unemployment rate among youth and women;
Amendment 7 #
2018/2103(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the United Nations Convention on the Rights of the Child;
Amendment 73 #
2018/2103(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the arrival in Europe of migrants and asylum seekers continued in 2017; whereas this reality requires real EU solidarity to put in place adequate reception structures for those most in need and most vulnerable; whereas many migrants place their lives in the hands of smugglers and criminals and are vulnerable to violations of their rights, including violence, abuse and exploitation; whereas women and children are at higher risk of being trafficked and sexually abused at the hands of traffickers and there is therefore a need to build and strengthen child protection systems to prevent and respond to violence, abuse, neglect and the exploitation of children, in line with the commitments set out in the Valletta Action Plan, as well as the European Parliament Resolution on the protection of children in migration of 3 May 2018;
Amendment 76 #
2018/2103(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas grooming, cyberbullying or revenge pornography represent growing concerns for our societies especially among young people;
Amendment 91 #
2018/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with concern that the 2017 FRA paper entitled ‘Challenges to women’s human rights in the EU’ confirms that women and girls experience persistent gender discrimination, sexist hate speech, and gender-based violence in the EU, which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas the report published in March 2014 by the European Union Agency for Fundamental Rights entitled ‘Violence against women: an EU- wide survey’ shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 105 #
2018/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the signing of the EU’s accession to the Istanbul Convention on 13 June 2017, despite the limitation to only two mandates namely the first comprehensive legally binding instrument on preventing and combating violence against women and gender-based violence, including domestic violence, at international level; regrets that, to date, only 1920 Member States have ratified the Conventionit, to date and calls on the remaining Member States to do so without delay; recognises that when it comes to determining European standards for the protection of women against violence, the Istanbul Convention is the most important point of reference; calls on the Council to swiftly agree on the Code of Conduct, which will govern the implementation of the Convention by the EUurges Member States and the Council Presidency to speed up the EU ratification process;
Amendment 139 #
Amendment 140 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 a (new)
Subheading 1 b (new)–Paragraph 5 a (new)
5a. Calls on the Member States to work out a national plan to combat any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, honour killing, FGM and child soldiers; stresses on the importance of including formal provisions to prohibit and sanction corporal punishment against children;
Amendment 141 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 a (new)
Subheading 1 b (new)–Paragraph 5 a (new)
5a. Reiterates its call on the Commission to renew its commitment to set out a new EU Agenda for the Rights of the Child, as well a new strategy for the Rights of the Child;
Amendment 142 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 b (new)
Subheading 1 b (new)–Paragraph 5 b (new)
5b. Calls on the EU Member States and the Commission to explicitly consider children’s rights as a priority when programming and implementing regional and cohesion policies;
Amendment 143 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 c (new)
Subheading 1 b (new)–Paragraph 5 c (new)
5c. Calls on the Commission to ensure coordination within its different services with the aim of effectively mainstreaming children’s rights in all EU legislative proposals, policies and financial decisions;
Amendment 144 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 d (new)
Subheading 1 b (new)–Paragraph 5 d (new)
5d. Reiterates that cyberbullying and revenge pornography are new forms of crime online and can have extremely serious impact especially among young people and children. Encourages all Member States to set up future-proofed legislation to address this alarming phenomenon including provisions for removal from social media of harmful content for human dignity within well- defined deadlines in line with the European Parliament resolution of 14 December 2017 on the implementation of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography;
Amendment 165 #
2018/2103(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to invest adequate financial resources to integrate media and information literacy into national education systems and more generally in order to empower children and young people with the tools to use the internet responsibly and avoid possible risks;
Amendment 166 #
2018/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that whistle- blowing is an essential element in investigative journalism and press freedom, and; denounces the threats, retaliations and condemnations that whistle-blowers still face in the EU; in this context, recalls its resolution of 24 October 2017 on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies3; points out that, according to the Communication from the Commission on Strengthening whistle-blowers protection at EU level in April 2018, only ten Member States have introduced comprehensive legislation to protect whistle-blowers; welcomes the Commission’s proposal for a horizontal Directive on the protection of persons reporting on breaches of Union law, and calls on co-legislators to swiftly pursue and end negotiations in that regard; __________________ 3 Texts adopted, P8_TA(2017)0402.
Amendment 169 #
2018/2103(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the key role of whistle blowers in safeguarding the public interest and in promoting a culture of public accountability and integrity in both public and private institutions;
Amendment 170 #
2018/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s decision to establish a High Level Expert Group on fake news and online disinformation; expresses its concern about the potential threat the notion ofat fake news could pose to freedom of speech and expression and to the independence of the media, while underlining the negative effects that the spread of false news might have on the quality of political debate and on the well- informed participation of citizens in democratic society; stresses that political profiling, fake news and manipulation of the information may be used by parties and private or public entities inside and outside the EU, and may hinder EU and national democratic processes, such as the Facebook-Cambridge Analytica scandal; calls on the Commission and co- legislators to work on legislations that would prevent political profiling and manipulation of the information and that would guarantee data protection, transparency and cybersecurity;
Amendment 199 #
Amendment 203 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU and its Member States should address adequatnd combat effectively discriminatory or violent treatment and reactions against the schooling ofand participation of children from minority backgrounds, especially migrant and refugee, and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address and promote respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula;
Amendment 205 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU Member States should address adequately discriminatory or violent reactions against the schooling of migrant and refugee children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula; to that end, calls on EU Member States to promote inclusive education from an early age in schools;
Amendment 231 #
2018/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CIs concerned by the increased levels of racial violence and hatred, such as Afrophobia, anti-Gypsyism, anti- Semitism, Islamophobia, or other forms of hatred based on intolerance whether expressed in the form of hate crimes, messages spread on social networks, protests or political propaganda, that have come to be seen as normal in some Member States; calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) 4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should put forward or review their national integration strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination; __________________ 4 OJ L 180, 19.7.2000, p. 22. OJ L 180, 19.7.2000, p. 22.
Amendment 265 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, currently implemented with the European Disability Strategy 2010-2020, to ensure equal opportunities, regarding: accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; underlines that, in its implementation report of the European Disability Strategy in February 2017, the Commission noted that although progress was made, particularly with the European Accessibility Act proposed in 2015, persons with disabilities are still disadvantaged and discriminated regarding employment, education and social inclusion; in that regard, stresses that the objectives of the Strategy remain, that accurate actions should be taken between 2017 and 2020 and that the European Parliament Resolution of 30 November 2017 recommended: compulsory requirements regarding accessibility in public space, minimum percentage for employment of persons with disabilities, guarantees for an inclusive education, including access to initiatives such as Erasmus +, and a particular attention for women and children with disabilities;
Amendment 269 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Regrets multiple and intersectional discriminations faced by elderly people in an ageing European society; calls on all level of governments to better integrate this dimension when drafting and implementing policies, including in the implementation of the European Pillar of Social Rights;
Amendment 275 #
2018/2103(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights and in Article 47 of the EU Charter on Fundamental Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law;
Amendment 355 #
2018/2103(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on Member States to effectively ensure the right to asylum and to accept relocation of asylum seekers, as agreed in the Council’s decisions in September 2015; calls on the Council to swiftly move on with the Dublin Regulation reform, that it currently blocks, and that prevents the European Common Asylum System from working properly; Stresses that Commission should initiate and Member States should implement a combination of protection- related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 361 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary tonot detain children for asylum or return purposes; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 362 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary to detain children for asylum or return purpoCalls on the Member States to accommodate all children and families with children in non-custodial, community-based placements while their immigration status is processesd; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard as called for in the European Parliament Resolution on the protection of migrant children of 3 May 2018; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation, and calls therefore on the Member States to ensure migrant and refugee children are granted access to formal and informal education swiftly after their arrival; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 3 #
2018/2044(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Directive (EU) 2017/541 of the European Parliament and the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA,
Amendment 5 #
2018/2044(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to the European Parliament resolution of 5 October 2017 on prison systems and conditions (2015/2062(INI)),
Amendment 6 #
2018/2044(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
- having regard to the European Parliament resolution of 3 May 2018 on media pluralism and media freedom in the European Union (2017/2209(INI)),
Amendment 7 #
2018/2044(INI)
Motion for a resolution
Citation 3 d (new)
Citation 3 d (new)
- having regard to the European Parliament resolution of 1 March 2018 on the situation of fundamental rights in the EU in 2016 (2017/2125(INI)),
Amendment 8 #
2018/2044(INI)
Motion for a resolution
Citation 3 e (new)
Citation 3 e (new)
- having regard to the European Parliament resolution of 30 May 2018 on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime(2016/2328(INI)),
Amendment 9 #
2018/2044(INI)
Motion for a resolution
Citation 3 f (new)
Citation 3 f (new)
- having regard to the European Parliament resolution of 25 November 2015 on the prevention of radicalisation and recruitment of European citizens by terrorist organisations (2015/2063(INI)),
Amendment 10 #
2018/2044(INI)
Motion for a resolution
Citation 3 g (new)
Citation 3 g (new)
- having regard to the Opinion of the European Committee of the Regions – Combatting radicalisation and violent extremism: prevention mechanisms at local and regional level,
Amendment 11 #
2018/2044(INI)
Motion for a resolution
Citation 3 h (new)
Citation 3 h (new)
- having regard to the Council of Europe Convention on the Prevention of Terrorism,
Amendment 12 #
2018/2044(INI)
Motion for a resolution
Citation 3 i (new)
Citation 3 i (new)
- having regard to the Council of Europe handbook for prison and probation services regarding radicalisation and violent extremism,
Amendment 13 #
2018/2044(INI)
Motion for a resolution
Citation 3 j (new)
Citation 3 j (new)
- having regard to the European Court of Auditors Special report Tackling radicalisation that leads to terrorism: the Commission addressed the needs of Member States, but with some shortfalls in coordination and evaluation,
Amendment 14 #
Amendment 15 #
2018/2044(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas counter-terrorism measures and the protection of freedoms are not conflicting goals, but complementary and mutually reinforcing;
Amendment 16 #
2018/2044(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-A a. whereas the Union is founded on the values of human dignity, freedom, equality and solidarity, respect for human rights and fundamental freedoms, as well as on the principles of democracy and the rule of law; whereas acts of terrorism constitute one of the most serious violations of these universal values and principles;
Amendment 17 #
2018/2044(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas the EU should do the utmost possible to guarantee the wellbeing of its citizens who are endangered by terrorists; whereas Article 6 of the Charter of Fundamental Rights enshrines both the right to liberty and the right to security, which complement each other; so that wherever measures are taken to combat terrorism, the right to liberty must be safeguarded in all cases; whereas Article 10 of the Charter of Fundamental Rights ensures the right to freedom of thought, conscience and religion;
Amendment 18 #
2018/2044(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-A c whereas the Charter of Fundamental Rights prohibits discrimination on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; and recognises the right of people with disabilities to benefit from measures to ensure their independence, social and occupational integration, and participation in the life of the community; whereas the rights of persons with disabilities in the EU are also protected by the UN Convention on the Rights of Persons with Disabilities;
Amendment 22 #
2018/2044(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the security of one Member State is the security of all in the Union; whereas in the last two years the EU and the Member States have made progress in countering the threats posed by terrorism which require a holistic approach, articulating internal and external security and national and European coordination;
Amendment 27 #
2018/2044(INI)
Motion for a resolution
Recital B
Recital B
B. whereas national security is the sole responsibility of the Member States as laid down in Article 4(2) TEU and Article 73 TFEU but the European Union also has a necessary role to play in promoting the respect of democratic values including the rule of law and fundamental rights;
Amendment 30 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG), an informal body outside the EU, and on a bilateral and multilateral basis; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably through Europol’s European Counter Terrorism Centre (ECTC)through EU Intelligence and Situation Centre (INTCEN), as the gateway for strategic intelligence from the intelligence and security services to the EU, and Europol’s European Counter Terrorism Centre (ECTC), as the central hub for law enforcement information exchange and cooperation in the field of counter terrorism at the EU level;
Amendment 41 #
2018/2044(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the diverse landscape of regional, national, EU and international actors in the field of terrorism with overlapping competences and insufficiently delineated mandates, the multitude of formal and informal fora for cooperation and exchange of information, as well as the division of competences between the different regional and national agencies, between law enforcement services and intelligence services and between the EU and the Member States, may give rise to difficulties with regard to the coordination and coherence of the response to the terrorist threat;
Amendment 48 #
2018/2044(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Commissioner for Security Union is a valued actor in joining up the Commission’s policy development, implementation, monitoring and evaluation; whereas the establishment of the position of Commissioner for Security Union policies signals the EU’s commitment to encouraging cooperation between Member States on issues of internal security while fully respecting the status of these matters as national competencies as laid down in the Treaand external security as well as to harmonise counter-terrorism legislation and ensure better cooperation between law enforcement and judicial authorities;
Amendment 59 #
2018/2044(INI)
Motion for a resolution
Recital G
Recital G
G. whereas of 88 legally binding counter-terrorism measures proposed from September 2001 to summer 2013 only a quarter were subject to impact assessments and only three to public consultation and in general the lack of public consultations and ex ante assessments were not compensated by ex post reviews or evaluations; whereas this ratio has improved in recent years and the most recent initiatives presented by the Commission in 2017 and 2018 were accompanied by the necessary justification; whereas with the Agenda on Better Regulation adopted in 2015 the Commission has also strengthened its policy on stakeholder consultation; whereas counter-terrorism measures have higher legitimacy and effectiveness when human rights organisations are involved in the policy-making phase;
Amendment 63 #
2018/2044(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission’s Comprehensive Assessment of EU Security Policy mentioned incomplete implementation as onwell as the need to support Member States’ actions (risk assessment methodology, CBRN and soft target protection, crisis management) as some of the main challenges of the Security Union; whereas implementation is flawed without assessing the social and security impacts of internal and external action policies, namely in their cohesion and consistency with the purpose of countering terrorism and deterring the recruitment of terrorists;
Amendment 65 #
2018/2044(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the EU established in common position 2001/931/CFSP a list of persons, groups and entities involved in terrorist acts and subject to restrictive measures, namely the freezing of funds and other financial assets, as well as enhanced measures related to police and judicial cooperation in criminal matters;
Amendment 69 #
2018/2044(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas counter-terrorism legislation must never reduce or restrict the Union acquis on procedural rights;
Amendment 73 #
2018/2044(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in recent years the EU Member Stateterrorism has existed for many years across the world; whereas Europol reports thave suffered major terrorist attacks, perpetrated or inspired by jihadist groups such as Daesh or Al- Qaedat religious extremist- inspired attacks account for the highest number of casualties in recent years in EU Member States; whereas ethno-nationalist attacks account for the highest number of attacks; whereas far right, and far left and ethno-nationalist separatist extremismextremist violence are also matters of concern;
Amendment 97 #
2018/2044(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas the cross-border aspects of the terrorist threat call for a coordinated EU approach by offering cooperation and assistance in the form of capacity-building in third-countries;
Amendment 102 #
2018/2044(INI)
Motion for a resolution
Recital L
Recital L
L. whereas there hasmay been a change of strategy since the military collapse of Daesh in its territory, with a decline in numbers of those travelling to Syria and Iraq for terrorist purposes and jihadists and ‘sleeper-cells’ inside the EU being encouraged to carry out attacks in their home countries;
Amendment 105 #
2018/2044(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Daesh and Al-Qaedalarge scale international terrorist organisations are financially self- reliant and whereas illicit trade in goods, firearms, oil, drugs, cigarettes and cultural objects, among other items, as well as trafficking in human beings, slavery, child exploitation, racketeering and extortion, have become means for terrorist groups to obtain funding; whereas the link between organised crime and terrorist groups constitutes a growing security threat; whereas EU Member States often underestimate the security threat by not effectively enforcing Anti-Money Laundering/Countering Financing of Terrorism EU directives and by not reforming the EU VAT system to prevent exploitation by terrorists and other organised crime; whereas these sources could enable the continued funding of future criminal activities by Al-Qaeda, as well as by Daesh following itsof large scale international territorial collapse in Syria and Iraqst organisations;
Amendment 117 #
2018/2044(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas repressive governance, failing social and economic conditions, such as high unemployment, inadequate education systems and sectarian domestic and foreign policy agendas in a number of countries of the Middle East and North Africa region created fertile ground for radicalisation and contributed to the terrorist threat;
Amendment 119 #
2018/2044(INI)
Motion for a resolution
Recital N
Recital N
N. whereas terrorists continue to use small arms and explosives and have increasingly resorted to ad hoc weapons such as vehicles, trucks and knifes; whereas recent attacks have been prepared thoroughly or carried out spontaneously by individuals weaponising common tools in low cost attacks against “soft targets”, aiming to cause a maximum number of random casualties among civilians;
Amendment 130 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalis, rehabilitation and social reintegration; whereas child returnees pose specific problems as they can be both victims and potential perpetrators at the same time;
Amendment 141 #
2018/2044(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas perpetrators of terrorist attacks in the EU very often include EU nationals, often second or third generation migrants, who have grown up in the Member States which they have attacked, as well as foreigners who may in some cases have resided for a significant time in the Member State targetare mainly EU nationals, who have been radicalised in the Member States which they have attacked;
Amendment 148 #
2018/2044(INI)
Motion for a resolution
Recital R
Recital R
Amendment 152 #
2018/2044(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas the percentage of suspects of terrorism has been close to zero among migrants and refugees who have been arriving in the EU, according to FRONTEX, EUNAVFOR/MED Sophia and other European security agencies;
Amendment 156 #
2018/2044(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the flow of illegalsocial and cultural integration of migrants and refugees poses challenges to integration, which have already been exploited by extremists and could be further exploited in the futureEuropean societies and requires reinforced, specific and directed investment towards social inclusion, so that feelings of exclusion or alienation may not be exploited by extremists and terrorist recruiters;
Amendment 162 #
2018/2044(INI)
Motion for a resolution
Recital T
Recital T
T. whereas new forms of terrorism may be used for an attack, among them cyber-terrorism and the use of weapons of mass destruction; whereas the EU needs to strengthen its cybersecurity policy with more cooperation between the Member States in order to face this evolving challenge; whereas there is the precedent of a foiled attack involving the highly toxic biological agent ricin; whereas there are cases where Daeshterrorist groups hasve used or planned to use chemical, biological, radiological or nuclear (CBRN) materials, and shared via social media channels possible tactics and methods for attacks and targets;
Amendment 168 #
2018/2044(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas Member States have different strategies to respond to hybrid and Chemical, Biological, Radiological and Nuclear-related threats and therefore different levels of preparedness;
Amendment 169 #
2018/2044(INI)
Motion for a resolution
Recital T b (new)
Recital T b (new)
T b. whereas the European Council on 28 June 2018 welcomed the Joint Communication on Europe’s Resilience to hybrid and Chemical, Biological, Radiological and Nuclear-related threats, to identify areas where action should be intensified in order to further deepen and strengthen the EU’s essential contribution to addressing these threats, as well as urging Member States and the Commission to work together to fully implement the CBRN Action Plan as a matter of urgency;
Amendment 173 #
2018/2044(INI)
Motion for a resolution
Recital U
Recital U
U. whereas populism-fuelled political discourse regarding or invoking the terrorist threat can lead to polarisation within society;ies aiming at undermining democracy, social cohesion, respect for fundamental rights and human rights globally, thus playing into the hands and aims of terrorist organisations.
Amendment 183 #
2018/2044(INI)
Motion for a resolution
Subheading 3
Subheading 3
Preventing and countering radicalisationviolent extremism
Amendment 187 #
2018/2044(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the Radicalisation Awareness Network (RAN) Centre of Excellence offers an important platform for the exchange of best practices among practitioners and law enforcement authorities and has contributed to the gathering of important knowledge in the field of preventing and countering radicalisationviolent extremism;
Amendment 190 #
2018/2044(INI)
Motion for a resolution
Recital W
Recital W
W. whereas national strategies against radicalisation are importanta European strategy articulating national strategies against violent extremism is indispensable in terms of providing general frameworks for programmes at national and local level; whereas these strategies must be coherent and effective and must ensure sufficient financing for local authorities, vetted NGOs and civil society partnstakeholders so that these programmes can be implemented;
Amendment 196 #
2018/2044(INI)
Motion for a resolution
Recital X
Recital X
X. whereas experts highlight the positive experience offered by a multi- agency approach, focusing on creating infrastructures that ensure the provision of early-stage support to those vulnerable to radicalisation and their families from different authorities and organisations across multiple levels and emphasising the supportive role of the police, thus strengthening the relationship;
Amendment 198 #
2018/2044(INI)
Motion for a resolution
Recital Y a (new)
Recital Y a (new)
Y a. whereas measuring the effectiveness of preventive anti radicalisation actions is intrinsically difficult and requires close cooperation between the Commission, Member States, individual stakeholders and researchers as highlighted by an ECA special report;
Amendment 199 #
2018/2044(INI)
Motion for a resolution
Recital Y b (new)
Recital Y b (new)
Y b. whereas the promotion of social inclusion and active promotion of democratic values contribute to mitigate the risk of radicalisation through practical measures to address violent extremist ideologies, poverty, discrimination and marginalisation, including the prevention of early school leaving and school exclusion, enhancing equality, social cohesion and encouraging active citizenship;
Amendment 200 #
2018/2044(INI)
Motion for a resolution
Recital Z
Recital Z
Z. whereas several European funds and programmes can be used for projects countering and preventing radicalisation at the European, national, regional and local levels; whereas the EU budget up to 2020 allocates EUR 314 million for anti- radicalisation projects; whereas there is no continuous evaluation of the effectiveness of those programmes;
Amendment 207 #
2018/2044(INI)
Motion for a resolution
Recital AA
Recital AA
Amendment 214 #
2018/2044(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas a violent radicalised discourse has been increasinglyis present in the territory of the EU, often in the form of books, teaching or audiovisual content, including satellite TV channels; whereas this discourse opposes Europeandemocratic values, undermines pluralism, promotes violence and intolerance against all other religions, is openly anti-Semitic, refuses equality between men and women, and rejects the science and education which have been promoted by Islam during centuries;
Amendment 221 #
2018/2044(INI)
Motion for a resolution
Recital AC
Recital AC
Amendment 228 #
2018/2044(INI)
Motion for a resolution
Recital AC a (new)
Recital AC a (new)
AC a. whereas violent radicalisation has generally its roots in marginalisation, conflicts of identity, experiences of injustice, discrimination and social exclusion;
Amendment 229 #
2018/2044(INI)
Motion for a resolution
Recital AC b (new)
Recital AC b (new)
AC b. whereas some low-income neighbourhoods in European cities are facing mass unemployment, systematic breakdown in the rule of law and crime as well as poverty and discrimination, which are the breeding grounds for religious extremism and terrorism as they are able to offer the most vulnerable citizens a new meaning to their lives;
Amendment 236 #
2018/2044(INI)
Motion for a resolution
Recital AD
Recital AD
AD. whereas throughout Europe significant numbers of cases of radical hate preachers have been documented; whereas the hate preachers often originate from outside the EU, while mosques may receive opaque funding from third countries;
Amendment 240 #
2018/2044(INI)
Motion for a resolution
Recital AE
Recital AE
AE. whereas there are self-designated religious teaching centres propagating extremist ideas in the EU, in which youngsteminors, including young children, armay be exposed to a learning content based on anti-European democratic values and violent content; whereas radicalextremist organisations laying the ground for terrorist recruitment often exploit the vulnerabilities of young people by attracting them with social and cultural offers;
Amendment 245 #
2018/2044(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas Daesh’ssome large scale international terrorist groups have a sophisticated web communication strategy of marketing terrorism by glorifying it also offers alternative social and cultural opportunities to followers and design copied from the global ‘youth culture’ such as online gaming, and thus has a strong appeal to minors;
Amendment 254 #
2018/2044(INI)
Motion for a resolution
Recital AG a (new)
Recital AG a (new)
AG a. whereas several recent investigations have shown that the internet and namely social media can play a role as a driver of radicalisation leading to violent extremism as well as a tool for xenophobic groups to disseminate hate speech and illicit content especially among young people;
Amendment 259 #
2018/2044(INI)
Motion for a resolution
Recital AH a (new)
Recital AH a (new)
AH a. whereas combating radicalisation and violent extremism requires close and coordinated collaboration between all concerned actors, at all levels of governance (local, regional and national) as well as with civil society and the private sector;
Amendment 262 #
2018/2044(INI)
Motion for a resolution
Recital AI
Recital AI
AI. whereas although major progress has been made with regard to removal of online terrorist content, the re is a need to scale up the companies’ engagementmovals are often not complete; whereas the removals are often not complete, removing the content from one website but leaving it on another belonging to the same company; whereas effective and comprehensive reporting by companies has to be improved is a need for a comprehensive and coordinated European approach in order to ensure consistency in policymaking and the resulting action, encompassing the fight against crime together with fundamental rights, privacy, data protection, cybersecurity, consumer protection and e- commerce, as well, an effective partnership approach and lawful information exchange between law enforcement agencies, judicial authorities, the ICT industry, internet service providers(ISPs), internet host providers (IHPs), social media companies, the banking sector and NGO;
Amendment 273 #
2018/2044(INI)
Motion for a resolution
Recital AI a (new)
Recital AI a (new)
AI a. whereas illegal online content should be removed immediately on the basis of due legal process; whereas the role of ICT, ISPs and IHPs in ensuring the fast and efficient removal of illegal online content at the request of the responsible law enforcement authority, as well as, the irrespective reporting responsibilities should be highlighted;
Amendment 282 #
2018/2044(INI)
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas, in response to larger companies removing more content and doing so at a greater pace, Daesh isterrorist groups are increasingly using new and/or smaller platforms which are less suited to fast removal of terrorist material; whereas this diversification to smaller platforms makes additional technical support and sharing of best practices essential to enable, for example, the introduction of platform- agnostic automated tools, such as the database of hashhashing technologies which can identify online terrorist content with a high degree of accuracy;
Amendment 292 #
2018/2044(INI)
Motion for a resolution
Recital AK
Recital AK
AK. whereas prisons have become hothouses of extremism, incubating terrorists; whereas many of those serving prison sentences will soon be released back into their communities and there are few resources to monitor their activitiesers can be particularly vulnerable to radicalisation; whereas many radicalised inmates will soon be released back into their communities and monitoring of such high- risk offenders is extremely resource intensive for Member States security services as they are considered at high risk of re-offending; whereas prison conditions can play a significant role in heightening or lessening risks of radicalisation;
Amendment 296 #
2018/2044(INI)
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AK a. whereas an efficient penitentiary administration should receive adequate funding and staff to carry out its security and rehabilitation mission;
Amendment 297 #
2018/2044(INI)
Motion for a resolution
Recital AK b (new)
Recital AK b (new)
AK b. whereas inhumane detention conditions and overcrowding can lead to increased radicalisation and expand the influence of violent extremist recruiters and can reduce the opportunities for rehabilitation;
Amendment 298 #
2018/2044(INI)
Motion for a resolution
Recital AK c (new)
Recital AK c (new)
AK c. whereas penitentiary system regimes shall fully respect freedom of religion allowing inmates to practice their religion assisted by approved and adequately trained representatives of such religion or beliefs;
Amendment 299 #
2018/2044(INI)
Motion for a resolution
Recital AK d (new)
Recital AK d (new)
AK d. whereas penitentiary staff carry out an essential function on behalf of the community and should have conditions of employment befitting their qualifications and which take account of the demanding nature of their work especially when it comes to interaction with radicalised inmates;
Amendment 305 #
2018/2044(INI)
Motion for a resolution
Recital AL
Recital AL
AL. whereas retention of data, duly taking account of ECJ case law is an essential part of the investigative process; whereas police and judicial authorities usually rely heavily on communications data to successfully proceed with their casework; whereas in order for interoperability of information systems to reach its full potential, harmonised data retention regimes across the EU are vital; whereas the necessity of an appropriate data retention regime when it comes to the fight against terrorism duly taking account of ECJ case law was consistently raised during the work of the TERR Committee;
Amendment 318 #
2018/2044(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas the use of encryption on the one hand will make a significant contribution to security in the field of IT, but on the other hand will also be used by terrorists to protect their communications or stored data, which represents a considerable challenge for law enforcement, denyingsince it can be denied access to essential intelligence and evidence; whereas encryption becomes particularly critical when even the responsible online service providers are unwilling or unable to decrypt the communication;
Amendment 325 #
2018/2044(INI)
Motion for a resolution
Recital AN
Recital AN
AN. whereas there is a fragmented framework of existing systems, new systems in the process of development, proposals for future systems and proposals for reforms to address identified gaps and barriers still under negotiation; whereas this fragmented framework is the result of historical factors and a reactive approach in the proposal and adoption of new legislatione right balance needs to be struck between making the systems interoperable and the necessary fundamental rights safeguards;
Amendment 328 #
2018/2044(INI)
Motion for a resolution
Recital AO
Recital AO
AO. whereas data about information exchanges show that a small number of countriMember States are responsible for a large proportion of available content in and searches of EU databases;
Amendment 329 #
2018/2044(INI)
Motion for a resolution
Recital AP
Recital AP
AP. whereas there are a number of obstacles to the proper functioning of the information systems, such as a complete lack of or incomplete implementation, lack of knowledge of and/or sufficient training in the existing systems, and lack of sufficient resources or of an adequate material base and poor data quality in the information systems;
Amendment 336 #
2018/2044(INI)
Motion for a resolution
Recital AS
Recital AS
AS. whereas several pilot projects are being implemented with the aim of overcoming the disadvantages of a decentralised EU PNR system; whereas there is a need for a quick reply to requests from passenger information units (PIUs) of other Member States, which may prove challenging as they are processed manually;
Amendment 347 #
2018/2044(INI)
Motion for a resolution
Recital AV
Recital AV
AV. whereas the Commission proposals will only apply to centralised systems, leaving national and decentralised systems out of their scope, and therefore constitute only a first step in creating a comprehensive framework of interoperable information systems; whereas within the territory of one Member State there may be a multitudenumber of separate decentralised databases at federal, regional and local level, with different data inputs in different systems and complex procedures - or none at all - for the sharing or checking of the data by the relevant authorities at the different levels;
Amendment 350 #
2018/2044(INI)
Motion for a resolution
Recital AW
Recital AW
AW. whereas the use of a common messaging format at EU level, such as a universal message format (UMF), will facilitate smoother exchange of data and information between parties within the scope of what is permissible under law and across interoperability systems; whereas establishing the need to use certain UMF fields for particular exchanges can contribute to the improvement of data quality in all of the systems across which messages are being exchanged; whereas the use of this common message format by Europol and Interpol should also be encouraged;
Amendment 352 #
2018/2044(INI)
Motion for a resolution
Recital AX
Recital AX
AX. whereas eu-LISA should establish automated data quality control mechanisms and procedures as well as common data quality indicators and minimum quality standards for data stored in the information systems; whereas the goal would be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions;
Amendment 364 #
2018/2044(INI)
Motion for a resolution
Recital AZ
Recital AZ
AZ. whereas adjusting the legal standards applying to information exchange between intelligence and law enforcement authorities is one of the main challenges that need to be addressed, especially since intelligence often concerns information on people who are not yet suspects in criminal investigations but belong to terrorist networks or are returning FTFs; whereas, however, this must not lead to any lowering of legal standards;
Amendment 367 #
2018/2044(INI)
Motion for a resolution
Recital AZ
Recital AZ
AZ. whereas adjusting thethe different legal standards applying to information exchange between intelligence and, respectively, the law enforcement authorities isare one of the main challenges that need to be addressed, especially, since intelligence often concerns information on people who are not yet suspects in criminal investigations but belong to terrorist networks or are returning FTFs;
Amendment 384 #
2018/2044(INI)
Motion for a resolution
Recital BC
Recital BC
BC. whereas the UK government has expressed its intention of leaving the EU on 29 March 2019; whereas the EU and the UK are highly interdependent in the area of security and counter-terrorism; whereas both should be able to continue to share, collect and analyse vital operational intelligence ith regard to the UK having access to many EU systems and databases for exchange of information (SIS II, PNR, Europol database, ECRIS, Eurodac); whereas even though the UK has exercised its right to opt-out of measures in the Area of Freedom, Security and Justice, it currently participates in many key EU legal instruments in the area of judicial cooperation in criminal matters (for example, European arrest warrant, European protection order, European investigation order); whereas transitional arrangements with the UK and agreements on the future relationship should be found as regard all pending proceedings for implementation of that legislation; whereas the Withdrawal Agreement should ensure a smooth transition regime and avoid, to the extent possible, operational gaps or obstacles reducing the fight against serious crime on a level equivalent to the current oneEuropean Union’s capacity to effectively fight organised crime and terrorism; whereas at the same time, it should be stressed that any transitional arrangement cannot be more advantageous than full membership and any participation by the UK in those systems and databases will not be possible without applying simultaneously the same data protection rules as those laid down in EU data protection instruments;
Amendment 393 #
2018/2044(INI)
Motion for a resolution
Recital BD
Recital BD
BD. whereas efficient and systematic cooperation between the Member States and the EU aAgencies, according to their legal mandates, as well as among the agencies in the counter-terrorism field is imperative, especially cooperation between Europol and Eurojust in order to effectively support the efforts to detect, prevent, and investigate and prosecute the perpetrators of a terrorist attack;
Amendment 395 #
2018/2044(INI)
Motion for a resolution
Recital BD a (new)
Recital BD a (new)
BD a. whereas the Fundamental Rights Agency should review the proportionality and necessity of all Counter Terrorism legislation;
Amendment 402 #
2018/2044(INI)
Motion for a resolution
Recital BG
Recital BG
BG. whereas several EU instruments such as Decision 2005/671/JHA, the CT Directive and the Europol regulation require Member States to share information on terrorism with the relevant agencies; whereas increased information sharing with Europol and Eurojust on a regular basis and in a timely and systematic manner, including contextual information, according to their legal mandates, facilitates their work in detecting links between cases and providing an overview of challenges and best practice related to investigations, prosecutions and convictions for terrorist offences;
Amendment 413 #
2018/2044(INI)
Motion for a resolution
Recital BK
Recital BK
BK. whereas close cooperation with online service providers (OSPs) is necessary when it comes to securing and obtaining electronic evidence at the request of the responsible law enforcement authority and based on due legal process, given its importance for investigating terrorist offences;
Amendment 422 #
2018/2044(INI)
Motion for a resolution
Recital BL
Recital BL
BL. whereas the Schengen area without internal borders is only sustainable ifa fundamental achievement of the EU, whereby the external borders armust be effectively secured and protected and internal security measures are adopted to facethat in the field of internal security the risk of serious crimes are counteracted;
Amendment 437 #
2018/2044(INI)
Motion for a resolution
Recital BO
Recital BO
BO. whereas on the basis of Article 11 of Regulation (EC) 1168/2011 and the positive opinion of the European Data Protection Supervisor (EDPS), the European Border and Coast Guard Agency (EBCGA) is allowed to process personal data; whereas, however, EBCGA is experiencing difficulties in monitoring terrorism due to the short personal data retention period established by Regulation (EC) 2016/1624 that comprises only 90 days; whereas between Eurojust and EBCGA there is only a memorandum of understanding which includes the exchange of general, strategic and technical information but not the exchange of personal information; whereas there is need for a specific legal framework for EBCGA to process personal data in order to fulfil its tasks;
Amendment 465 #
2018/2044(INI)
Motion for a resolution
Recital BU
Recital BU
BU. whereas several Member States have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005; did not fully implement the EU Anti Money Laundering /Counter Terrorist Financing directives, and continue to allow anonymity of ultimate beneficiary owners of trusts, foundations and incorporated companies and bearer shares which facilitate hiding the origin and destination of financial flows and the ownership of economic activities that provide cover to the financing of terrorism and organized crime;
Amendment 469 #
2018/2044(INI)
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the 5th Anti-Money Laundering Directive will increase transparency about the ownership of companies and trusts to prevent money laundering and terrorist financing via opaque structures;
Amendment 480 #
2018/2044(INI)
Motion for a resolution
Recital BV
Recital BV
BV. whereas social media fundraising, non-profit organisations and small wire transfers arnd prepaid cards can be among the funding methods for Daesh and other terrorist organisations; whereas micro lending platforms are used to facilitate all three of these typologies;
Amendment 483 #
2018/2044(INI)
Motion for a resolution
Recital BW
Recital BW
BW. whereas in certain countries with less developed banking systems the prevalent use of mobile banking services often makes it difficult to identify the beneficiaries of cash transfers; whereas such transfers of fu, despite highly developed banking systems, in EU Member States, money laundering for organized crime and the financing of terrorism continue to be enabled by under-resourced and fragmented implementation of EU Anti Money Laundering and Countering of Financing of Terrorism directives ands by means of mobile banking present high risks for terrorist financingthe lack of a European Financial Information Unit articulating and coordinating the AML/FCT fight under Europol and Eurojust;
Amendment 493 #
2018/2044(INI)
Motion for a resolution
Recital BX a (new)
Recital BX a (new)
BX a. whereas anonymity surrounding some cryptocurrencies is increasing their use for illegitimate activities such as terrorist financing, money laundering and tax evasion;
Amendment 494 #
2018/2044(INI)
Motion for a resolution
Recital BX b (new)
Recital BX b (new)
BX b. whereas FIUs play an important role in identifying the financial operations of terrorist networks, especially cross- border; whereas FIUs , in the exercise of their tasks, should have access to information and be able to exchange it, including through appropriate cooperation with law enforcement authorities; whereas it is essential to further enhance the effectiveness and efficiency of FIUs, by clarifying the powers of, and cooperation between, FIUs;
Amendment 495 #
2018/2044(INI)
Motion for a resolution
Recital BY
Recital BY
BY. whereas incidents involving critical infrastructure can have severe consequencfrom any disruption, namely terrorist attempts, must be a priority, since any incidents can have severe consequences for the security of European citizens and States across borders;
Amendment 498 #
2018/2044(INI)
Motion for a resolution
Recital CB
Recital CB
CB. whereas the Commission Comprehensive Assessment of EU Security Policy and the evaluation study of Directive 2008/114/EC in need of revision and updating indicate that: the threat to critical infrastructures is likely to continue to rise, that there is a need to enhance preparation and response capabilities and to revise Directive 2008/114/EC, and that there is an interest in targeting transport infrastructures; whereas a better framework is needed to improve rail security and to address the issue of protection of public areas of transport infrastructures, such as airports and railway stations and also energy production facilities, with particular attention to nuclear power plants;
Amendment 501 #
2018/2044(INI)
Motion for a resolution
Recital CD
Recital CD
CD. whereas Member States need to organise more exercises in crisis response, including in third countries seeking their cooperation and upgrading of capacities;
Amendment 506 #
2018/2044(INI)
Motion for a resolution
Recital CE
Recital CE
CE. whereas the private sector should be involved in the protection of critical infrastructure and soft targets requires close public-private cooperation;
Amendment 511 #
2018/2044(INI)
Motion for a resolution
Recital CG
Recital CG
CG. whereas the Commission, in its communication on the new Multiannual Financial Framework, proposes to significantly increase EU funding for security and defence, including EU internal security;
Amendment 520 #
2018/2044(INI)
Motion for a resolution
Recital CM
Recital CM
CM. whereas the most importangreatest problems regarding implementation include reaching all economic operators concerned due to their large number (retailers of household products)lack of awareness of the existing Regulation across the supply chain and enforcing the restrictions on internet sales, imports and intra-EU movements;
Amendment 524 #
Amendment 533 #
2018/2044(INI)
Motion for a resolution
Recital CS a (new)
Recital CS a (new)
CS a. whereas several recent attacks have been carried out with different types of knives;
Amendment 538 #
2018/2044(INI)
Motion for a resolution
Recital CT
Recital CT
CT. whereas the key regions in the EU’s neighbourhood, and more specifically the Balkans and North AfricaMENA, are facing important challenges such as those relating to foreign fighters and returnees management, as well as to home-grown radical cells;
Amendment 570 #
2018/2044(INI)
Motion for a resolution
Recital CZ
Recital CZ
CZ. whereas in the 20-year period 1998- 2018, some 6 652 people were direct victims of terrorism across Europe, with 713 murdered and 5 939 injured; leaving thousands of families with post traumatic conditions affecting their long term wellbeing; whereas prior to 2001 most victims of terrorism were mainly attributable to the IRA and ETA. while since then the vast majority of deaths were as a result of Islamist terrorism;
Amendment 575 #
2018/2044(INI)
Motion for a resolution
Recital DA
Recital DA
DA. whereas deaththe aftermath of terrorist attacks destroys families and leaves a legacy of irrevocable sadness, and many of the injured survivors of terrorist attacks suffer disfiguring and life- changing loss of senses and limbs and their plight impacts heavily on close family and community, while too often once the media spotlight has passed, the long-term needs of the victims are neglected;
Amendment 579 #
2018/2044(INI)
Motion for a resolution
Recital DB
Recital DB
DB. whereas victims of terrorism have a very specific status, and meeting their needs is not only a legal obligation under EU, international and national law but also a responsibility for the whole of our societies; whereas recent attacks in the EU have seen victims emanating from a high number of different Member States;
Amendment 588 #
2018/2044(INI)
Motion for a resolution
Recital DD
Recital DD
DD. whereas compensation for the victims of terrorism serves both as a form of recognition by society of the harm caused by the attack and as a means of financial support and restitution; whereas levels of compensation and procedures vary considerably among Member States aggravating conditions of perceived injustice and suffering for victims;
Amendment 589 #
2018/2044(INI)
Motion for a resolution
Recital DD a (new)
Recital DD a (new)
DD a. whereas support systems need to be set up in a way to ensure that cross- border victims as well are continuously and systematically accounted for and provided with support in their country while staying in touch with support providers in the country where the attack took place;
Amendment 593 #
2018/2044(INI)
Motion for a resolution
Recital DE a (new)
Recital DE a (new)
DE a. whereas businesses, including SMEs, can also suffer damage from terrorism such as property damage and business interruption;
Amendment 595 #
Amendment 597 #
2018/2044(INI)
Motion for a resolution
Recital DF
Recital DF
Amendment 604 #
2018/2044(INI)
Motion for a resolution
Recital DG
Recital DG
Amendment 610 #
2018/2044(INI)
Motion for a resolution
Recital DH
Recital DH
Amendment 612 #
2018/2044(INI)
Motion for a resolution
Recital DH a (new)
Recital DH a (new)
DH a. whereas any CT measures always have to fully guarantee all fundamental rights and principles, including those with regards to privacy and data protection, freedom of thought and expression as well as procedural safeguards, such as the presumption of innocence and the right to information; whereas, in order to ensure the respect of these rights and principles, any CT measure always has to be subject to the control of a judicial authority, ensuring that individuals dispose of effective remedies to challenge any violation of their fundamental rights, including the possibility of judicial redress;
Amendment 617 #
Amendment 618 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls for the Member States and the EU institutions, when adopting and applying CT measures, to find the right balance between fundamental rights and security needs; takes view, given that one of the EU’s core aims is to promote freedom of the individual, that security measures, including counterterrorism measures, must be pursued through the rule of law and must be subject to fundamental rights obligations, including those relating to privacy and data protection;
Amendment 619 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Points out that the test of the necessity and proportionality of any measure that limits fundamental rights and freedoms needs to take into account the entire body of existing security measures targeting terrorism and serious crime;
Amendment 620 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Calls on the Member States to ensure that the necessary data protection safeguards are in place, including appropriate technical and organisational measures to protect the security and confidentiality of personal data; urges the Member States to provide clear rules as to who can access which data in the systems, to maintain records of consultation and disclosure, and to provide for rights of access, rectification, erasure and restriction, as well as rights to compensation and judicial redress;
Amendment 621 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c Calls on all Member States to fully implement Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (police directive). Notes that a substantial number of Member States so far have failed to notify the Commission of any transposition measures regarding this directive although the deadline expired on 6 May 2018 and calls on the Commission to act against all those Member States in breach of their transposition obligation;
Amendment 622 #
2018/2044(INI)
Motion for a resolution
Paragraph -1d (new)
Paragraph -1d (new)
-1 d. Calls for legislation in the field of terrorism and national, regional and local response strategies for protection, resilience and response in case of an attack to take into account the specific needs and circumstances of vulnerable people such as disabled people and minors; further calls for the involvement of such people and their representative organisations in the decision-making that affects them;
Amendment 623 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 e (new)
Paragraph -1 e (new)
-1 e. Calls on the Commission and the Fundamental Rights Agency to examine the challenges that exist in this field and to identify best practices within the Member States which take into account the specific circumstances of vulnerable people such as people with disabilities and minors; calls on the Commission to encourage the exchange of best practices and to develop guidance in this respect;
Amendment 624 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 f (new)
Paragraph -1 f (new)
-1 f. Calls on Member States to introduce independent oversight mechanisms into counter terrorism and counter radicalisation measures to assess their impact on fundamental rights including on non-discrimination;
Amendment 625 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 g (new)
Paragraph -1 g (new)
-1 g. Welcomes commitments made by the European Commission at the European Commission Colloquium on fundamental rights in October 2015 and in the frame of its High Level Group on Combatting Racism, Xenophobia and other forms of Intolerance. Recalls that all Member States shall diligently implement EU anti-discrimination law and take effective measures to address discrimination, hate speech and hate crimes. Recommends the adoption European standards for National Action Racism Plans, which would tackle, among others, Islamophobia;
Amendment 626 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 h (new)
Paragraph -1 h (new)
-1 h. Calls on the Member States to ensure that the necessary data protection safeguards are in place, in accordance with the GDPR, including appropriate technical and organisational measures to protect the security and confidentiality of personal data; urges the Member States to provide clear rules as to who can access which data in the systems, to maintain records of consultation and disclosure, and to provide for rights of access, rectification, erasure and restriction, as well as rights to compensation and judicial redress;
Amendment 667 #
2018/2044(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to work with the Member States towards more transparency and a common understanding of threat levels; calls on the Member States to swiftly transmit information on the change of the threat level and the rationale behind it; calls on the Commission and Member States not to restrict their view of terrorism as exclusively to jihadist issues, but to remain equally vigilant as regards other forms of terrorism mentioned in the Europol Te-Sat reports, such as the issue of far-right and far-left terrorism;
Amendment 678 #
2018/2044(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to mobilize resources to monitor all foreign terrorist fighters; calls for an effective and appropriate follow-upassessment of the threat posed by returnees, and for this purpose invites Member States to share, within the scope of what existing laws allow, contextual information about returnees via Europol; calls on the Commission to assist Member States in the establishment of aligned classification systems in order to distinguish between high, medium and low-risk returnees;
Amendment 685 #
2018/2044(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends to the Member States that they start building appropriate structures to respond to child returnees, and in particular theo development of expertise, including that of a specialised risk and needs assessment tool for child returnees based on the stages of development of children and on their degree of involvement in criminal activities abroad. Rehabilitation programmes should be based on a multidisciplinary approach bringing together different expertise including experienced professionals, in the areas of trauma, extremism, child development, education and risk assessmentlegal matters related to children, child protection services, extremism, education and tailored to the local and national context, as well as clear legal and organisational structures for dealing with this phenomenon;
Amendment 694 #
2018/2044(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Encourages Member States to provide awareness training to practitioners who may interact with children returnees such as school teachers, social workers, members of sport or cultural organisations;
Amendment 697 #
2018/2044(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to revise and update the CBRN Action Plan and on Member States to establish and maintain appropriate ‘civil defence’ measures for preparedness against CBRN attacks by recruiting qualified and regularly trained personnel incorporating both full-time and voluntary staff, as well as appropriate technical infrastructure including specialised detection vehicles and the sharing of best practice; emphasises that these measures must be in line with a multidisciplinary strategy that contains methods of coordination, notification procedures, standard protocols, evacuation planning, public alarm systems and incident reporting; calls on the Commission and the Member States to gradually harmonise these strategies;
Amendment 705 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines the ongoing concern of interactions between terrorist organisations and organised crime especially in reference to logistic capacities and weapons trafficking which could enable large scale attacks;
Amendment 707 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Notes that the only viable solution to respond to a CBRN attack is to establish adequate stockpiles of medical countermeasures within the EU so that they can be distributed to victims and first responders quickly and effectively and therefore calls on Member States to establish national stockpiles in accordance with Article 24(5) of Directive 2017/541 on Combatting Terrorism;
Amendment 710 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Encourages Member States and the Commission to cooperate with the private sector in order to establish mechanisms that ensure a reliable, consistent and adequate supply of such medical countermeasures including potential use of the EU Joint Procurement Mechanism established by Decision 2013/1082 on serious cross- border threats to health;
Amendment 712 #
2018/2044(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 726 #
2018/2044(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Encourages Member States to identify neighbourhoods experiencing heavy difficulties based on social and economic quantitative and qualitative criteria and develop specific policies to support local authorities to promote inclusive measures; such policies are aimed at reducing the ability of terrorist groups to obtain financial resources from illegal activities, as well as to prevent recruitment for terrorist purposes;
Amendment 732 #
2018/2044(INI)
Motion for a resolution
Subheading 22
Subheading 22
Preventing and countering radicalisationviolent extremism
Amendment 733 #
2018/2044(INI)
Motion for a resolution
Subheading 23
Subheading 23
Structures for countering radicalisationviolent extremism
Amendment 740 #
2018/2044(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the creation of an EU ‘Centre of Excellence for Preventing Radicalisationviolent extremism (CoE PR)’, to be embedded in the Commission with adequate financial and human resources; believes its tasks should include coordination, including of funding, and facilitation of cooperation and exchange of knowledge and good practices among Member States, policymakers, practitioners (by involving former RAN and ESCN structures), as well as engagement with religious leaders or communities and relevant academics, experts and researchers in the area of preventing and countering radicalisationviolent extremism, exchange of best practices, lighthouse projects and training, also by partnering with key strategic third countries; considers that this centre should also establish methodologies to evaluate and measur, measure and improve the effectiveness of programmes and projects;
Amendment 755 #
2018/2044(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the European Court of Auditor’s report of 2018 on deradicalisation found that the Commission does not maintain a complete overview of EU-funded measures, and that no indicators or targets for EU funds are used to measure to what extent the approach is successful; calls on the Commission to propose a new financial instrument in the forthcoming MFFensure that sufficient funding under the Internal Security Fund is earmarked for preventing and countering radicalisationviolent extremism, which would streamline resources currently fragmented across different funds and programmes and allow for better coordination and visibility as well as higher impact;
Amendment 757 #
2018/2044(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to adopt comprehensive national and regional strategies for preventing and countering radicalisation,violent extremism with adequate financial resources for communities and non-state actors at local level involved in the creation and implementation of programmes based on these strategies, and calls for a multi- agency approach; stresses that best results are achieved in partnership with local communities;
Amendment 760 #
2018/2044(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Emphasises that the best way to prevent violent extremism in general is to strive for an inclusive society based on tolerance and equality; calls on Member States to effectively combat against discrimination, hate speech and hate crimes;
Amendment 761 #
2018/2044(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Recommends that security approaches be complemented by long- term policies to prevent radicalisation and recruitment of citizens of the Union by extremist organisations; calls for strategies on social inclusion, education, employment and housing and policies to tackle discrimination and exclusion in order to stop vulnerable individuals from joining violent extremist organisations as well as educating the general population about other cultures and traditions;
Amendment 767 #
2018/2044(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the creation of a European Simone Veil Resilience Prize, which would be awarded every year to the best social and cultural project at local level in the EU, promoting societal engagement, EU fundamentaldemocratic values, inclusiveness and democracy with the aim of building resilient societies that are immune to polarisation and radicalisationagainst violent extremism;
Amendment 776 #
Amendment 780 #
2018/2044(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and toleraguarantee the freedom of religion and the right to exercise it freely, as enshrined in the Charter only ‘practices of Islam’f Fundamental Rights, and in this context particularly also to encourage religious practices that are in full accordance with EUdemocratic values; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities;
Amendment 800 #
2018/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to conduct prior screenings of chaplains and to consistently blacklist anwork with communities to identify hate preachers; calls on the Commission to introduce an EU watch list so as to better exchange information on radical chaplains within the scope permissible under law;
Amendment 809 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU, with accrediting theological education programmes integrating EU values; invites the Commission and the Member States to develop and fund a network of European religious scholars that can spread - and testify to -which include democratic values; invites Member States to share information on religious scholars religious practices of Islam that are compliant with EUdemocratic values;
Amendment 820 #
2018/2044(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests the creation of a European Islamic Institute and Research Centre where scholars could conduct research on compatibilities between elements of practice of the Muslim religion and European values, and which could be called on tonetwork of religious scholars from Member States who could constitute a trusted advisory board for EU institutions and Member States on matters relating to religious ideology and democratic values;
Amendment 825 #
2018/2044(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to implement the CT Directive and Framework Decision on Racism and Xenophobia under which incitement to commit a terrorist act or a hate crime is a criminal offence, in order to exclude hate preachers from public activity using all legal measures, including refusal of visas or expulsion from EU territory, and to start judicial proceedings against such preachers;
Amendment 831 #
2018/2044(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Underlines however that the CT policies shall not lead to alienation or victimization of communities while the freedoms of belief and expression shall be also respected;
Amendment 837 #
2018/2044(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Member States to close without delay mosques and places of worship and ban associations that do not adhere to EUnot in full accordance with EU laws and democratic values and incite to terrorist offences, hatred, discrimination or violence;
Amendment 842 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to fully implement without delay the 5th AML/CFT Directive and examine how to ensure that places of worship, education, charities, cultural associations and foundations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up witheffective measures can be taken while safeguarding all the appropriate guarantees;
Amendment 856 #
2018/2044(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to ban and remove all religious literature within their territory that incites to violent and terrorist acts; asks for such literature to be removed from online platforms and shops as part of the referrals by the Internet Referral Unit which should be reinforced in resources;
Amendment 862 #
2018/2044(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to act against satellite TV channels propagating hate speech in accordance with the Audiovisual Media Services Directive; requests the Commission to prepare an analysis of possible legislative changes in the Directive in order to improve the effectiveness of blocking such channels broadcasting from third countriesand to this end, calls on Member States to fully and swiftly implement the Directive to ensure that Article 6 on prevention of incitement to violence and hatred is in place across the EU;
Amendment 874 #
2018/2044(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to establish binding procedures for schools forto tacklinge the challenge of radicalisedation of pupils, and to offer training for teachers with regard to this; stresses the need for involvement of law enforcement and justice bodiesbetter cooperation with the relevant units of law enforcement in the process of addressing radicalisation;
Amendment 878 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on Member States to invest adequate financial resources to integrate media and information literacy into national education systems and more generally in order to empower young citizens with the tools to use the internet responsibly and avoid possible risks of radicalisation;
Amendment 882 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Exhorts both the Commission and Member States to promote anti- discrimination campaigns and to set up specific policies aimed at tackling discrimination in accessing in education, healthcare, labour and the housing market;
Amendment 888 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and full removal of terrorist content; requests the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to intro on the basis of duce clear reporting obligations on the incidence of terrorist content and removal rates, as well as sanctions for non- compliancegal process;
Amendment 902 #
2018/2044(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the work of the Global Internet Forum to Counter Terrorism (GIFCT) and calls on the founding companies of GIFCT to intensify their efforts in the shared industry hash database also by sharing knowledge with smaller technology companies;
Amendment 905 #
2018/2044(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Underlines the need for closer cooperation between the EU Internet Referral Unit (IRU) and national IRUs in ensuring complementarity and avoiding unnecessary duplication in referring terrorist content to IT companies;
Amendment 907 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation ofCommission to create an online European platform that citizens can use in order to flag terrorist and extremist content online and increase the capacity of companies to receive, review, process and respond to flagged content;
Amendment 919 #
2018/2044(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for involvement of social media and audiovisual companies, including public broadcasteran effective partnership approach and lawful information exchange between law enforcement agencies, judicial authorities, the ICT industry, internet service providers (ISPs), internet host providers (IHPs), social media companies and NGOs, in developing and disseminating effective counter-narratives, also with the inclusion of victims.;
Amendment 927 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Encourages the European Commission and Member States authorities to strengthen their efforts to build effective counter-narratives and other strategic communications tools to disrupt the process of radicalisation towards extremist ideals;
Amendment 929 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Observes that an effective means of combating terrorism on the internet is to remove online content constituting a public provocation to commit a terrorist offence; encourages the Commission and Member States to cooperate with internet sector to prevent the misuse of social media for terrorist purposes by establishing tools to detect and flag illicit content; Member States should provide clear guidelines to ensure an adequate level of legal certainty and predictability for users and service providers and the possibility of judicial redress in accordance with national law;
Amendment 930 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28 c. Encourages Member States to create incentives for private internet companies and online platforms to publish detailed transparency reports to showcase initiatives undertaken to tackle online hate speech as well as statistics concerning content removal, reason for removal and the timeframe within which contents were removed;
Amendment 931 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 d (new)
Paragraph 28 d (new)
28 d. Recalls that removal decisions should be reviewed by human beings who are adequately trained and prepared to fulfil such a sensitive task;
Amendment 942 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls on Member States to provide support, adequate resources, targeted training, safety and supervision to penitentiary authorities at all levels and especially to frontline staff closely working with juvenile offenders and radicalised inmates. In particular, staff shall be adequately trained to detect signs of radicalisation at an early stage;
Amendment 946 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Prisons authorities shall develop specific tools and methods for identifying and monitoring radicalised inmates according to the degree of radicalisation. Inmates ranked in the highest stage of radicalisation or actively recruiting fellow prisoners shall be flagged to the judicial authorities and/or national authorities in charge of counterterrorism;
Amendment 960 #
2018/2044(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges Member States to introduce a licensing systemsystematic background checks for chaplains accessing prisons, and calls on the Council, with support from the Commission, to draw up guidelines on this; calls on Member States to regularly evaluate and monitor the chaplains having access to prisons;
Amendment 964 #
2018/2044(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on Member States to require standard educational training for chaplains working in prisons based on best practices developed by Member States penitentiary authorities;
Amendment 965 #
2018/2044(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Encourages Member States national authorities to closely cooperate with third countries to train chaplains in order to prevent radicalisation;
Amendment 966 #
2018/2044(INI)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Encourages Member States to involve victims and former violent extremists in interventions such as one-to- one or group programmes and mentoring initiatives to provide first-hand and high impact counter- and alternative narratives;
Amendment 970 #
2018/2044(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges Member States to implement, fully and on time, the existing legislation, and calls on the Commission to provide the necessary support; calls on the Commission to use its powers to initiate infringement proceedings when Member States fail to properly implement legislation namely on AML/CFT directives;
Amendment 974 #
2018/2044(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges Member States to ensure that they have the necessary technical equipment (for example mobile devices allowing the police to check the biometrics of a person during on-the-spot checks), software, security systems and qualified staff to make full use of the exist, software, and security systems to make full use of the existing information systems and cooperation mechanisms; reiterates the importance of ensuring that staff with access to such equipment have received appropriate training, information systems and cooperation mechanism particular with regard to protecting fundamental rights;
Amendment 976 #
2018/2044(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Notes in this context the crucial importance of reinforcing technical and human capacities of the FIUs to fight AML/CFT; calls for the urgent establishment of a European FIU to coordinate those in each EU Member State;
Amendment 979 #
2018/2044(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. DeplorNotes the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; by public institutions, calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;
Amendment 986 #
2018/2044(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges Member States to adopt the approach of ‘information sharing by default’ when it comes to sharing CT- related information on the basis of the applicable underlying legal regulations governing each information system, thus exchanging such information as a rule, and refraining from such exchange only in specific cases where circumstances require that it be withheld;
Amendment 1000 #
2018/2044(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Points out that existing opt-outs by some Member States from police and judicial cooperation measures for the prevention, detection, investigation and prosecution of terrorist offences and the financing of terrorism could endanger the speed and efficiency of terrorism investigations and may have detrimental effects; calls on Member States to abstain from opt-outs in this crucial field;
Amendment 1007 #
2018/2044(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. RegretsNotes that the current existence of 28 different legal regimes for data retention, which ismay be counter-productive for cooperation and information exchange; urges the Commission to put forwardevaluate a legislative proposal on data retention which respects the principles of purpose limitation, proportionality and necessity, in line with the requirements stemming from the case-law of the Court of Justice of the European Union, while taking into account the needs of the competent authorities and the specificities of the CT field;
Amendment 1012 #
2018/2044(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Urges the Member States to systematically check all relevant databases and information systemensure full implementation, and, where relevant, check the particular EU information system for information in full accordance with their access rights laid down in the underlying legal bases and to introduce all useful data in a timely manner while ensuring the necessary data quality;
Amendment 1019 #
2018/2044(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Urges the Member States to ensure that the relevant information available at local or regional level and in their databases is automatically uploaded where possible through smart technical solutions to national systems and, where appropriate, to relevant European databases whilst ensuring data quality standards;
Amendment 1026 #
2018/2044(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;
Amendment 1034 #
2018/2044(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 1038 #
2018/2044(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for private planes, charter flights and travel agencies to be covered by the EU PNR Directive and for air carriers to be obliged to collect PNR data; calls on the Commission to evaluate security procedures enacted at aerodromes and smaller airports throughout EU Member States;
Amendment 1056 #
2018/2044(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 1062 #
2018/2044(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on Member States toNotes that the deadline for implementing the Prüm Decisions expired on 26 August 2011 and that still not all Member States have fully implement the decisions. Therefore calls on those Member States to finally fulfil their obligations under EU law and fully implement the PRUM decision; and strengthen the Prüm network by updating their national processing systems to adapt to modern information technology; urges the Commission to further develop a ‘hub- and-spoke’ model to link national systems more efficiently via a central router;
Amendment 1072 #
2018/2044(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. WelcomNotes the proposed regulations on interoperability, and calls for additional information systems, including decentralised European and national systems, to be included stresses that interoperability, as a concept, has yet to pass the test of proportionality and necessity, considering the future; asks Member States to engage proactively in thisEDPS opinion; emphasises that such a solution can be accepted only where it procvess; is convinced that interoperability is vital for bringing all relevant and necessary information together, in particular identity data, while respecting access rights and purpose limita to strike the right balance between legitimate needs for timely, efficient and relevant information for authorities in full accordance of their access rights under the legal bases and the fundamental rights of the data subjects, in particular their right to privacy and to data protection;
Amendment 1089 #
2018/2044(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Calls on the Member States to explore new approaches to intensifyingmprove cooperation and exchange of information between law enforcement and intelligence services at national level, e.g. through secure pseudonymised hit/no hit search solutions, which preserve the necessary separation between law enforcement and intelligence work and the required principles of information ownership and source protection;
Amendment 1107 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to support the CTJLT, including specialadequate funding;
Amendment 1118 #
2018/2044(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Calls on Member States and European stakeholders to continue existing operational capabilities and enhance maximum effective cooperation in the fields of counter-terrorism and EU internal security;
Amendment 1126 #
2018/2044(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for Europol to become a veritable hub for information exchange and cooperation in the field of counter- terrorism in the EU, within the scope of applicable laws if necessary with a stronger mandate;
Amendment 1142 #
2018/2044(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Urges Member States to ensure full flexibility foruse of the contacts between Europol and the relevant authorities when it comes to terrorist offences, considering that in the field of CT speed is often essential; encourages Member States to use ‘on-the- spot deployments’ of Europol specialists, as this increases trust and reduces administrative burdens;
Amendment 1149 #
2018/2044(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Urges the Commission and the Member States to provide enhanced financial and human resources, including data scientists and big data analysts, for the development of technical solutions to deal with the high volume of data to be analysed; calls for Europol to be tasked with further R&D projects, with a focus on standardisation and big data management in this field in the context of its mandate for the benefit of Member States;
Amendment 1158 #
2018/2044(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. CHighlights that state-of-the-art end-to-end encryption of communications is an essential tool to safeguard the fundamental right to confidentiality of communications and ensure legitimate transactions between consumers; calls on Member States to ensure cooperation among all relevant stakeholders with a view to increasing the decryption abilities of the competent authorities; calls for the swift creation of a ‘Decryption Hub’ notes that Europol tois developing decryption tools and expertise in order to better support Member Statedecrypt information lawfully obtained in criminal investigations;
Amendment 1168 #
2018/2044(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Believes that operational agreements with third countries are indispensable incan be helpful for Europol’s work, and welcomnotes the fact that the Commission is currently negotiating operational agreements with eight countries from the Mediterranean and North Africa (MENA) region; requests the renegotiation of operational agreements with particular close partners, such as the EFTA countries, eventually granting them improved access to Europol’s information systems;
Amendment 1173 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Calls on the Fundamental Rights Agency to undertake analysis of all Counter Terrorism proposals at European level, with a particular emphasis on the proportionality and necessity of such measures;
Amendment 1180 #
2018/2044(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Calls for the use of JITs in case of terrorist attacks; believes that JITs increase the effectiveness of cooperation and the investigation of cross-border offences; further calls for the participation of Europol and Eurojust in these JITs, as this means better use of the resources and capabilities provided by the EU agencies; demands that improved and easily accessible funding is provided for such JITs and where relevant to create permanent JITs;
Amendment 1182 #
2018/2044(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Calls for appropriate funding and staffing for Eurojust considering its vital role in ensuring cross boarder judicial cooperation;
Amendment 1189 #
2018/2044(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls on the service providers and communications platforms to implement effectively judicial decisions on counterterrorism; calls on the Commission to examine the possibility of a legislative proposal that obliges service providers and communications platforms present on the EU market to cooperate when it comes to encrypted communications if there is a judicial decision to that effect;
Amendment 1194 #
2018/2044(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls for the swift adoption ofNotes that the Commission has presented proposals for a regulation and directive aimed at improving cross-border access to electronic evidence; requests online service providers (OSPs) to provide single points of contact for law enforcement/judiciary requests;
Amendment 1218 #
2018/2044(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Encourages the Commission to continue negotiations with third countries on return and readmission and to evaluate whether the Return Directive (Directive 2008/115/EC) provides an adequate legal framework for the return of irregular migrants who pose as asylum seekers but in fact have terrorist motives and are a clear risk to public security;
Amendment 1231 #
2018/2044(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Calls on the Member States to make it compulsory for port and airport operators to conduct conformity checks when passengers board a plane in order to make sure that the identity stated on the ticket matches the ID card or passport in the passenger’s possession;
Amendment 1236 #
2018/2044(INI)
Motion for a resolution
Paragraph 79
Paragraph 79
Amendment 1242 #
2018/2044(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on the co-legislators to consider providing EBCGAreview whether EBCGA should be provided with a specific mandate for processing operational personal data suited to its operational role, including in the prevention and detection of cross-border crime and terrorism at the EU’s external borders; believes that such a mandate should allow for sufficient data retention periods andand to consider in this context whether such a mandate should allow for the exchange of personal data with CSDP missions, Europol and Eurojust and, in specific circumstances and with the necessary safeguards, with third countries;
Amendment 1246 #
2018/2044(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Notes that suspects whose personal data was previously processed by the EBCGA will disappear in the analytical system after 90 days and appear as unknown/new suspects; calls, therefore, for the extension of the retention period of personal data managed by the EBCGA related to suspects of cross-border crime and terrorism up to a pers soon as they have been transmitted to EASO, Europol or Eurojust or to the competent authorities of the Member States or used for the preparatiodn of 3 years, similarly to the retention period of Europol and Eurojustrisk analyses and appear as unknown/new suspects;
Amendment 1268 #
2018/2044(INI)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Encourages all relevant actors to entermake available battlefield information, systematically and without dewithin the scope permissible under layw, into the relevant databasescivilian sphere, so as to enable the immediate identification of foreign terrorist fighters when they try to cross the external borders;
Amendment 1278 #
2018/2044(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
88. Calls for the mandate of EUNAVFOR MED Operation Sophia to be extended and its territorial scope enlarged with a view to better responding to changing migration patterns such asto tackle ghost landings from Tunisia, and for the fight against terrorism to be specifically included in its mandate;
Amendment 1283 #
2018/2044(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Welcomes in this regard the creation of a crime information cellpilot project within EUNAVFOR MED Operation Sophia, composed of staff members from relevant law enforcement authorities of Member States, Frontex and Europol, in order to improve information sharing between them;
Amendment 1292 #
2018/2044(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Calls on the Member States to reassess the possibility of a new UN Security Council resolution allowingseek an international legal mandate for Operation Sophia to take operational measures against vessels and related assets inside the coastal states’ territory which are suspected of being used for human smuggling or trafficking, oil smuggling, violating the UN arms embargo or terrorism-related offences;
Amendment 1295 #
2018/2044(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Encourages Member States and third countries to effectively and fully implement the EU Anti Money- Laundering and Counter Financing of Terrorism (AML/CFT) Directives, transpose and enforce as soon as possible AMLD5, as well as implement the FATF recommendations, as well as the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the so-called ‘revised FATF Recommendations’), without delay;
Amendment 1304 #
2018/2044(INI)
Motion for a resolution
Paragraph 93
Paragraph 93
93. Calls on the Member States to set up as soon as possible an EU FIU (Financial Investigative Unit) under Europol coordination and to step up the monitoring of organisations suspected of engaging in illicit trade, smuggling, counterfeiting and fraudulent practices via the establishment of JITs with Europol;
Amendment 1309 #
2018/2044(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Is highly concerned at the scale of illicit tobacco markets in the EU, the proceeds of which can be used to finance terrorism, including via excise fraud; invites the Member States to consider ratifying and implementing the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control (WHO FCTC);
Amendment 1314 #
2018/2044(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Calls on the Member States and the Commission to make it mandatory for companies involved in art dealing to declare alland art and antiquities storing, namely so called “free ports” to declare to customs all stored goods and suspicious transactions, and to make the owners of companies dealing in art and antiques, and storing them who become involved in the trafficking of such goods subject to effective, proportionate and dissuasive penalties;
Amendment 1323 #
2018/2044(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Calls on the Commission to develop, together with Member States and international partners, ways of better monitoring financial flows and identifying users of virtual currencies, electronic wallets and prepaid cards, crowdfunding platforms and online and mobile payment systems in relevant investigations;
Amendment 1325 #
2018/2044(INI)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97 a. Welcomes and supports the Commission proposal to revise the VAT system in order to eliminate loopholes which enable the so-called “carousel fraud” which yearly deviates over 50 billion euros into organised crime, including terrorist networks; strongly urges Member States to adopt and enact the Commission proposal without delay.
Amendment 1333 #
2018/2044(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Calls for the establishment of a European Union Terrorist Financing Tracking System (TFTS) for transactions by individuals with links to terrorism and its financing made within the Single Euro Payments Area, which would be complementary to the Terrorist Financing Tracking Program (TFTP) in the US and which should be operated in articulation with the EU FIU;
Amendment 1338 #
2018/2044(INI)
Motion for a resolution
Paragraph 99
Paragraph 99
99. Urges the further development and capabilities of FIU.net by Europol, and namely under an EU FIU so that it can be used to its full potential and in order to facilitate the manual processing of bilateral requests;
Amendment 1344 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Calls on Member States to ensure that cryptocurrency companies fully apply Anti-Money Laundering regulations when users convert cryptocurrencies to real currency;
Amendment 1347 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 b (new)
Paragraph 99 b (new)
99 b. Stresses the importance of enhancing interaction and exchange of information between investigative authorities and the private sector, namely obliged entities under the EU AML/CFT Directive, to overcome the shortcomings of segregated and incomplete information submitted by suspicious transaction reports; calls on the Commission and Member States to develop dedicated fora for sharing financial information, including on use of virtual currency, including the private sector, under safe channels and EU data protection standards; notes the important role that Europol could play in this regard;
Amendment 1348 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 c (new)
Paragraph 99 c (new)
99 c. Calls on the Commission to examine the EU regulation virtual currency platforms, and namely exchanges between different virtual currencies, since some Member States have already spearheaded national systems to become global hubs for virtual currency platforms; calls on the Commission to form an expert working group to explore next steps in the EU- wide regulation of virtual currencies; calls on the Commission and Member States to act as global advocates for a coherent and coordinated international regulatory framework around virtual currencies;
Amendment 1349 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 d (new)
Paragraph 99 d (new)
99 d. Calls on Commission and Member States to mandate and support formal, strategic and sustained operational law enforcement training to enhance capacity in Member States for investigating illicit activity involving virtual currencies; stresses that these efforts should ensure a standard level of law enforcement competency across the EU, so that certain Member States do not fall behind; emphasises the importance of conducting the EU-wide risk assessments of virtual currency activities and of coordinating investigative initiatives to use findings from those assessments to develop strategies for regulatory and law enforcement approaches over the short, medium and long-term;
Amendment 1350 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 e (new)
Paragraph 99 e (new)
99 e. Calls on Member States to encourage cryptocurrency companies to use analysis tools to assess potential criminal activity associated with the destination and recipient addresses;
Amendment 1351 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 f (new)
Paragraph 99 f (new)
99 f. Encourages the Commission to carry out an in-depth assessment to evaluate whether features designed to make cryptocurrency users untraceable should be banned;
Amendment 1352 #
2018/2044(INI)
Motion for a resolution
Paragraph 100
Paragraph 100
100. Calls on the Member States which have not yet done so to establish national CIP programmes addressing the issues identified by the Commission, especially in relation to the potential vulnerabilities of critical infrastructures, in its 2006 communication on a European Programme for Critical Infrastructure Protection which should be revised and updated;
Amendment 1356 #
2018/2044(INI)
Motion for a resolution
Paragraph 103
Paragraph 103
103. Demands that the designation of European Critical Infrastructures (ECIs) with an impact on more than one Member State must follows a multilateral process involving all of the potentially affected Member States;
Amendment 1361 #
2018/2044(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cybersecurity; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business and operational continuity plans in the case of an incident or attack;
Amendment 1364 #
2018/2044(INI)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Recommends that the private sector be involved when devising programmes for the protection of critical infrastructure and soft targets, and highlights the need to develop public-private dialogues to this effect and to develop national and local resilience;
Amendment 1372 #
2018/2044(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
Amendment 1380 #
2018/2044(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Welcomes the cross-border exercise to improve the protection of soft targets against terrorist attacks, involving Belgium and the Netherlands, which took place in June 2017; notes that the exercise was funded by the Commission and aimed at measuring preparedness and crisis management functions in a situation where two attacks take place simultaneously in different countries; calls for similar exercises to be carried out involving these and other Member States;
Amendment 1391 #
Amendment 1398 #
2018/2044(INI)
Motion for a resolution
Paragraph 120
Paragraph 120
120. Calls on the Member States to adopt firearms and ammunition surrender programmes tailored to the specific context of the illicit firearms markets; calls for the effective penalisation of illicit firearms possession and trafficking; calls for strict implementation by Member States of the Council Common Position 2008/944/CFSP of 8 December 2008, defining common rules governing control of exports of military technology and equipment;
Amendment 1399 #
2018/2044(INI)
Motion for a resolution
Paragraph 120 a (new)
Paragraph 120 a (new)
120 a. Supports the revision of the EU Strategy to Combat the Illicit Accumulation and Trafficking of Small Arms and Light Weapons (SALW) by taking into account the new security context and the developments in SALW design/technology thus affecting the capacity to address the threat;
Amendment 1404 #
2018/2044(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Encourages Member States law enforcement authorities to set up specialised illicit firearms trafficking police teams equipped with sufficient staff, expertise and equipment;
Amendment 1405 #
2018/2044(INI)
Motion for a resolution
Paragraph 121 b (new)
Paragraph 121 b (new)
121 b. Calls on Member States to introduce restrictions on selling knives to under 18 years old and on the carrying of knives without a valid reason; calls on the banning of particularly harmful knives such as zombie or butterfly knives; encourages Member States to evaluate measures to restrict the sale of knives online;
Amendment 1408 #
2018/2044(INI)
Motion for a resolution
Paragraph 122
Paragraph 122
122. Calls for the intensification of EU cooperation with neighbouring countries in the area of CT; considers that the EU must maintain a global approach to CT, with a specific focus on cooperation with key third countries on the basis of clearly defined priorities; respect for the protection and fulfilment of human rights, in accordance with the International Covenant on Civil and Political Rights; reminds that international and regional human rights law makes clear that states have both a right and a duty to protect individuals under their jurisdiction from terrorist attacks to ensure respect for the right to life and the right to security; at the same time stresses that the EU external action in the field of CT should be guided by the purposes set out in Article 55 of the Charter of the United Nations, including universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion; insists, therefore, that as part of states’ duty to protect individuals within their jurisdiction, all measures taken to combat terrorism must themselves also comply with states’ obligations under international law, in particular international human rights, refugee and humanitarian law;
Amendment 1413 #
2018/2044(INI)
Motion for a resolution
Paragraph 122 a (new)
Paragraph 122 a (new)
122 a. Insists that the EU cooperation with third countries in the field of CT must be based on respect for international human rights and humanitarian law, including an absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, transfer of detainees in a manner which is transparent and consistent with human rights and the rule of law, non- discrimination, due process and the right to a fair trial;
Amendment 1416 #
2018/2044(INI)
Motion for a resolution
Paragraph 122 b (new)
Paragraph 122 b (new)
122 b. Calls on the EU to continue and intensify its efforts, in coordination with the UN, in seeking a political settlement to the war in Yemen that is truly inclusive, addresses demands for local autonomy and provides interim security arrangements, which are essential pre- requisites to fighting back AQAP and Daesh;
Amendment 1418 #
2018/2044(INI)
Motion for a resolution
Paragraph 122 c (new)
Paragraph 122 c (new)
122 c. Calls on the EU to embark on an ambitious diplomatic initiative to promote de-escalation between Saudi Arabia and Iran in implementation of the Council Conclusions of 20 July 2015, as tensions between these two countries drive sectarianism and incite radicalisation of all sides in the Middle Eastern region;
Amendment 1435 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls on the EU to engage constructively with peaceful Islamist political and social movements who can act as firewalls against violent radicalisation;
Amendment 1445 #
2018/2044(INI)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Calls on the Commission to establish an EU Coordination Centre for victims of terrorism (CCVT), which should provide timely and adequate crisis support in cases of mass attacks in one or several Member States; considers that the role of the CCVT would be to ensure the provision of expertise at EU level by promoting exchange of knowledge and best practices; stresses however the need to extend support and protection measures to indirect victims, like victim’s relatives, eyewitnesses and first responders;
Amendment 1462 #
2018/2044(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Calls on the Commission to put forward a legislative proposal on the victims of terrorism, including a clear definition of their specific status and rights,, rights, and possibilities for legal support and a standardised form to claim compensation; considers that there should be a simplified procedure at national level for granting automatic compensation to victims of terrorism directly after an attack and for sanctioning fraudsters, and that the question of further compensation should be reviewed at regular intervals on the basis of an assessment of the victim’s situation;
Amendment 1467 #
2018/2044(INI)
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Calls on Member States to ensure that a comprehensive response to the specific needs of victims of terrorism immediately after a terrorist attack and for as long as necessary is provided within the national emergency- response infrastructure; notes that to that end, Member States should set up a single and updated website with all relevant information and an emergency support centre for victims and their family members providing for psychological first aid and emotional support as referred to Directive (EU) 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision2005/671/JHA;
Amendment 1471 #
2018/2044(INI)
Motion for a resolution
Paragraph 131
Paragraph 131
131. Calls on the Member States to put in place appfor the full and effective implementation of Directive (EU) 2015/637 in order to ensure consular protection for EU citizens in third countries where their Member States are not represented; underlines that a growing number of European citizens have suffered terropriate consular protocols in relationst attacks in a country that is not their own, and therefore urgently calls for the establishment of protocols in Member States to their lp non-nationals who are the victims Europeans in the event of a terrorist attack, in another Member State or third countryline with Directive (EU) 2017/541 on combating terrorism;
Amendment 1472 #
2018/2044(INI)
Motion for a resolution
Paragraph 132
Paragraph 132
132. Calls on the Member States to ensure that the assistance provided to victims of terrorism also encompasses measures such as first aid, psychological support, protection from secondary victimisation, effective access to justice, cash advances to help cover immediate expenses, certified childcare and home support, tax relief schemes or other forms of social benefits and help with transport;
Amendment 1490 #
Amendment 1494 #
2018/2044(INI)
Motion for a resolution
Paragraph 136
Paragraph 136
Amendment 1501 #
2018/2044(INI)
Motion for a resolution
Paragraph 136 a (new)
Paragraph 136 a (new)
136 a. Reiterates that when adopting or applying CT measures, all fundamental rights and principles have to be fully guaranteed, including those with regards to privacy and data protection, freedom of thought and expression as well as procedural safeguards, such as the presumption of innocence and the right to information; recalls that, in order to ensure the respect of these rights and principles, any CT measure always has to be subject to the control of a judicial authority, ensuring that individuals dispose of effective remedies to challenge any violation of their fundamental rights, including the possibility of judicial redress;
Amendment 1508 #
2018/2044(INI)
Motion for a resolution
Paragraph 137
Paragraph 137
Amendment 1512 #
2018/2044(INI)
Motion for a resolution
Paragraph 138
Paragraph 138
Amendment 1515 #
2018/2044(INI)
Motion for a resolution
Paragraph 139
Paragraph 139
Amendment 1518 #
Amendment 1519 #
2018/2044(INI)
Motion for a resolution
Paragraph 139 a (new)
Paragraph 139 a (new)
139 a. Encourages the Commission to regularly submit reports to the European Parliament and to the Council, assessing the added value of the anti-terrorism legislation; asks that such reports shall also focus on fundamental rights and freedoms, including on non- discrimination, on the rule of law, and on the level of protection and assistance provided to victims of terrorism;
Amendment 44 #
2018/0331(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes and by delivering an efficient tool to achieve long term public security in our societies. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users’ trust in the online environment, and by strengthening safeguards to the freedom of expression and information.
Amendment 50 #
2018/0331(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens, providing learning opportunities and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are, in certain cases, abused by third parties to carry out illegal activities online which constitute a criminal offence according to the existing EU legal framework. Of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to radicalise and recruit and to facilitate and direct terrorist activity.
Amendment 54 #
2018/0331(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Social media platforms may be used as a driver of radicalisation leading to violent extremism as well as a tool to disseminate hate speech and illicit contents, especially among young internet users.
Amendment 56 #
2018/0331(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) TAlthough the presence of terrorist content online does not constitute the only factor leading to violent extremism, it has serious negative consequences for users, especially the young ones, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers, while fully safeguarding freedom of expression and pluralism, have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services.
Amendment 63 #
2018/0331(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) EAs it was highlighted by the report of the European Parliament special Committee on Terrorism1a, efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers were insufficient. Therefore the EU legal frameworks needs to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem. This legislative framework seeks to build on voluntary efforts, which were reinforced by the Commission Recommendation (EU) 2018/3347 and responds to calls made by the European Parliament to strengthen measures to tackle illegal and harmful content and by the European Council to improve the automatic detection and removal of content that incites to terrorist acts. _________________ 7Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).1a P8_TA-PROV(2018)0512
Amendment 79 #
2018/0331(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded. Measures constituting interference in the freedom of expression and information should be strictly targeted, in the sense that they must serve to prevent the dissemination of terrorist content, but without thereby affecting the right to lawfully receive and impart information, taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts, opinions and ideas in accordance with the law as effective online counterterrorism measures and the protection of freedom of expression are not conflicting goals, but complementary and mutually reinforcing.
Amendment 95 #
2018/0331(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. With this regards service providers and users in question should always be able to obtain judicial redress; _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 142 #
2018/0331(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content. Proactive measures should empower users to flag online terrorist content, and encourage service providers to mobilize adequate capacity to receive, review, process and respond to flagged content.
Amendment 156 #
2018/0331(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union). Long term proactive measures may include the integration of media and information literacy and internet use into national education systems in order to empower young citizens with the tools to learn how to use the internet responsibly, with a view to avoiding possible risks of radicalisation.
Amendment 131 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including the UN Convention of the rights of the Child, refugee protection and other human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective return policy which serves as a deterrent to irregular migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 147 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegally staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement, international law and Union law.
Amendment 159 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and in particular the obligation to cooperate with the authorities at all stages of the return procedure, including by providing the information and elements that are necessary in order to assess their individual situation or remaining present and available at all stages of the return procedure.. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention, and in relation to the access to programmes providing logistical, financial and other material or in-kind assistance. Member States should ensure that the consequences of non-complying are not excessive or disproportionate. The obligation to cooperate should not affect children.
Amendment 205 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon request, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessary. Member States should ensure that children receive legal aid and information on their rights and procedures by qualified child protection authorities in a child-friendly manner and in a language that children understand.
Amendment 217 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be a measure of last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient. Member States should develop alternatives to detention, such as community-based facilities for families with children and ensure that unaccompanied minors are not detained.
Amendment 307 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence and exploitation.
Amendment 312 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
When adopting a return decision and implementing this Directive, Member States shall take due account of:
Amendment 314 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the best interests of the child in all cases where children are affected;
Amendment 405 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the consequences of non-complying are proportionate and not excessive and that they are not imposed on children.
Amendment 476 #
2018/0329(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(aa) completion of schooling for children;
Amendment 479 #
2018/0329(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
Return and removal of unaccompanied minors
Amendment 482 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, Member States shall carry out a best interests assessment, taking into account the specific circumstances of the child, to identify durable solutions for the child. If a return decision is issued based on a best interests assessment, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 485 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return. Authorities shall ensure that there is a handover from child protection authorities of the Member States to child protection authorities of the State of return.
Amendment 488 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Unaccompanied minors shall be assisted and represented by a qualified guardian throughout the whole return procedure.
Amendment 493 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
In other cases return decisions may be accompanied by an entry ban based on an individual assessment of the case. In cases involving children and in cases of voluntary departure, return decisions shall not be accompanied by an entry ban.
Amendment 607 #
2018/0329(COD)
Proposal for a directive
Article 20
Article 20
Amendment 631 #
2018/0329(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Unaccompanied minors shall not be detained. Families with children shall be placed in alternative facilities, such as non-custodial community-based facilities. Minors shall not be separated from their parents during the procedure, unless it is in their best interest.
Amendment 15 #
2018/0258(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The 2 140 customs offices17 that are present over the external borders of the European Union (land, sea, air and postal hubs) need to be properly equipped to ensure the operation of the customs union. The need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting Union’s external borders in order to ensure both safety and security. However, at the same time, those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries.
Amendment 17 #
2018/0258(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The Customs Union is a cornerstone of the European Union, which is one of the largest trading blocks in the world, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. In its resolution of 14 March 201817a, the European Parliament expressed particular concern regarding customs fraud, which has created a significant loss of income for the Union's budget. The European Parliament reiterated that a stronger and a more ambitious Europe can only be achieved if it is provided with reinforced financial means and called, therefore, for providing continuous support to existing policies, for increasing resources to the Union’ flagship programmes, and for additional responsibilities to be matched with additional financial means.
Amendment 18 #
2018/0258(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) There is currently an imbalance in the performance of customs control by Member States. This imbalance is due both to geographic differences between Member States and in their respective capacities and resources as well as to a lack of harmonised and standardised customs controls. The ability of Member States to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability and proper functioning of modern and reliable customs control equipment. Other challenges, such as the surge of e-commerce, overall digitalisation and potential vulnerabilities as regards cyber attacks, sabotage, manipulation of data or industrial espionage, will also increase demand for better functioning of customs procedures. The provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance. It will improve equivalence in the performance of customs controls throughout Member States and thereby avoid the diversion of the flows of goods towards the weakest points.
Amendment 19 #
2018/0258(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) There is currently an imbalance in the performance of customs control by Member States. This imbalance is due both to geographic differences between Member States and in their respective capacities and resources. The ability of Member States to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability of modern and reliable customs control equipment. The provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance. It will improve equivalence in the performance of customs controls throughout Member States and thereby avoid the diversion of the flows of goods towards the weakest points. In view of differences in availability of customs control equipment between the Member States, measures should be taken in particular to ensure that goods are subject to uniform controls upon their entry into the customs territory of the Union in order to avoid “port-shopping” by custom fraudsters.
Amendment 21 #
2018/0258(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Supporting the creation of an adequate and equivalent level of customs controls at the Union’s external borders allows maximising the benefits of the customs union with a view to the long- term aim that all customs administrations in the EU work together as if they were one. A dedicated Union intervention for customs control equipment correcting current imbalances would moreover contribute to the overall cohesion between Member States. In view of the challenges facing the world, in particular the continued need to protect the financial and economic interests of the Union and its Member States while easing the flow of legitimate trade, the availability of modernand proper functioning of modern, state-of- the-art, secure, cyber-resilient, safe, environmental-friendly and reliable control equipment at the external borders is indispensable.
Amendment 24 #
2018/0258(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Customs control equipment financed under this Instrument shall meet the highest security, cybersecurity, safety, environmental and health standards.
Amendment 25 #
2018/0258(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) Data produced by customs control equipment financed under this Instrument shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication. Member States shall be in full control of this data.
Amendment 26 #
2018/0258(COD)
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13 c) Customs control equipment financed under this Instrument should contribute to providing optimal customs risk management.
Amendment 27 #
2018/0258(COD)
Proposal for a regulation
Recital 13 d (new)
Recital 13 d (new)
(13 d) When replacing old customs control equipment by the means of this Instrument, Member States are responsible for environmental friendly disposal of old customs control equipment.
Amendment 30 #
2018/0258(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The European Commission shall incentivise joint procurement and testing of customs control equipment between Member States.
Amendment 33 #
2018/0258(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure regular monitoring and reporting, a proper framework for monitoring the results achieved by the Instrument and actions under it should be put in place. Such monitoring and reporting should be based on quantitative and qualitative indicators measuring the effects of the actions under the Instrument. Reporting requirements should include some information on customs control equipment beyond a certain cost threshold.
Amendment 35 #
2018/0258(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As part of the Integrated Border Management Fund and with a view to the long-term aim that all customs administrations in the EU work together as if they were one, the Instrument has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade while facilitating legitimate business activity.
Amendment 36 #
2018/0258(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase, maintenance and upgrade of relevant, state-of-the-art, secure, cyber- resilient, safe, environmental-friendly and reliable customs control equipment.
Amendment 41 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) support the purchase, maintenance and upgrade of customs controls equipment that meet the highest security, cybersecurity, safety, environmental and health standards.
Amendment 42 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Data produced by customs control equipment financed under this Instrument shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication.
Amendment 44 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend the customs control purposes set out in point (b) of paragraph 1 as well as Annex 1 where such review is considered necessary and in order to stay up to date with technological developments and with new, smart and innovative solutions for customs control purposes.
Amendment 45 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Customs control equipment financed under this Instrument may be used for purposes additional to customs controls, including for control of persons in support of the national border management authorities and investigation if necessary to comply with the Instrument's general and specific objectives outlined in Article 3.
Amendment 46 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. The Commission shall incentivise joint procurement and testing of customs control equipment between Member States.
Amendment 47 #
2018/0258(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Funding in excess of that ceiling may be granted in cases of joint procurement and testing of customs control equipment between Member States.
Amendment 48 #
2018/0258(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) costs associated with electronic systems, with the exception of software and software updates directly necessary to use the customs control equipment;
Amendment 51 #
2018/0258(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring the implementation and results of the Instrument are comparable and complete as well as collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.
Amendment 57 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Evaluations shall assess the programme's results, impact, effectiveness and efficiency and they shall be carried out in a timely manner to feed into the decision- making process.
Amendment 58 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The interim evaluation of the Instrument shall be performed once there is sufficient information available about the implementation of the Instrument, but no later than fourthree years after the start of the implementation of the Instrument.
Amendment 59 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 (new)
Article 13 – paragraph 2 – subparagraph 1 (new)
The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.
Amendment 60 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. At the end of the implementation of the Instrument, but no later than fourthree years after the end of the period specified in Article 1, a final evaluation of the Instrument shall be carried out by the Commission.
Amendment 62 #
2018/0258(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 63 #
2018/0258(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall regularly implement information and communication actions relating to the Instrument, and its actions and results as part of the work programmes as referred to in Article 11. Financial resources allocated to the Instrument shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.
Amendment 64 #
2018/0258(COD)
Proposal for a regulation
Annex II – point 1 a (new)
Annex II – point 1 a (new)
1 a. Security and Safety (a) Degree of compliance with security standards of customs control equipment at all Border Crossing Points, including cybersecurity (b) Degree of compliance with safety standards of customs control equipment at all Border Crossing Points
Amendment 65 #
2018/0258(COD)
Proposal for a regulation
Annex II – point 1 b (new)
Annex II – point 1 b (new)
1 b. Health and Environment (a) Degree of compliance with health standards of customs control equipment at all Border Crossing Points (b) Degree of compliance with environmental standards of customs control equipment at all Border Crossing Points
Amendment 225 #
2018/0248(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Member States should give preference to voluntary return. In order to promote voluntary return, Member States should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons. This kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost- effectiveness. The principle of best interests of the child must bethe primary consideration in all actions or decisions concerning children in migration, including returns. These efforts should also take full account of the right of the child to express his or her views.
Amendment 270 #
2018/0248(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) As challenges in the area of migration are constantly evolving, there is a need to adapt the allocation of funding to the changes in migration flows. To respond to pressing needs and changes in policy and Union priorities, and to steer funding towards actions with a high level of Union added value, part of the funding will be periodically allocated to specific actions, Union actions, emergency assistance, resettlement, the support of vulnerable groups including children and to provide additional support for Member States contributing to solidarity and responsibility efforts via a thematic facility.
Amendment 316 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries., putting in place a child-rights based compliant mechanism if the return is in the best interest of the child;
Amendment 486 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point h a (new)
Article 30 – paragraph 2 – point h a (new)
(h a) the number of vulnerable persons assisted through the programme, including children;
Amendment 539 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 5
Annex I – point 5
5. For initial allocation the reference figures shall be the latest annual statistical data produced by the Commission (Eurostat) covering the preceding three calendar years on the basis of data provided by Member States on the date of the applicability of this Regulation in accordance with Union law. Data on children in migration should be disaggregated by age and sex, by specific vulnerabilities and by asylum status. For the mid- term review, the reference figures shall be the latest annual statistical data produced by the Commission (Eurostat) covering the preceding three calendar years available at the time of the mid-term review in 2024 on the basis of data provided by Member States in accordance with Union law. Where Member States have not supplied the Commission (Eurostat) with the statistics concerned, they shall provide provisional data as soon as possible.
Amendment 549 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement and other legal avenues towith prioritisation of vulnerable groups such as children and adolescents facing protection risks in the Union as well as partnership and cooperation with third countries for the purpose of managing migration.
Amendment 554 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 2 – point a
Annex II – point 2 – point a
(a) supporting the development and implementation of policies promoting legal migration and the implementation of the Union legal migration acquis, ensuring effective protection of children in migration;
Amendment 571 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point a
Annex III – point 1 – point a
(a) the establishment and development of national strategies in asylum, legal migration, integration, return and irregular migration;, which include all measures listed in the EC Communication on the Protection of Children in Migration of 12 April 2017 (COM(2017) 211
Amendment 577 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point c
Annex III – point 1 – point c
(c) the development, monitoring and evaluation of policies and procedures with a specific focus on child safeguarding policies, including on collection and exchange of disaggregated information and data, development and application of common statistical tools, methods and indicators for measuring progress and assessing policy developments;
Amendment 580 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point e
Annex III – point 1 – point e
(e) assistance and support services consistent with the status and the needs of the person concerned, in particular the vulnerable groups including a timely assignment of guardians to all unaccompanied children;
Amendment 582 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point f
Annex III – point 1 – point f
(f) actions aimed at enhancing awareness of asylum, integration, legal migration and return policies with specific attention to vulnerable groups, including children, among stakeholders and the general public;
Amendment 589 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point c
Annex III – point 2 – point c
(c) identifying applicants with special procedural or reception needs; in particular, child applicants by providing them with specialised support immediately upon arrival;
Amendment 593 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point d
Annex III – point 2 – point d
(d) establishing or improving community-based reception accommodation infrastructure, including the possible joint use of such facilities by more than one Member State;
Amendment 595 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point d a (new)
Annex III – point 2 – point d a (new)
(d a) alternative forms of care for unaccompanied children and children with families, in line with international standards and integrated into existing national child protection systems;
Amendment 600 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point h
Annex III – point 2 – point h
(h) enhancing capacities of third countries to improve the protection of persons in need of protection, including through supporting the development of child protection mechanisms in third countries, by promoting new initiatives to build stronger child protection systems, ensuring that children are protected in all areas from violence, abuses and neglect;
Amendment 604 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point i
Annex III – point 2 – point i
(i) establishing, developing and improving effective alternatives to detention, in particular in relation to unaccompanied minors and familieschildren and children with families in compliance with the United Nations Convention on the Rights of the Child.
Amendment 639 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point a
Annex III – point 4 – point a
(a) infrastructure for reception or detention, including the possible joint use of such facilities by more than one Member State; Detention for children shall be used as a measure of last resort in line with existing EU law, for the shortest time possible and never in prison accommodation;
Amendment 643 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point b
Annex III – point 4 – point b
(b) introduction, development and improvement of effective alternative measures to detention, in particular in relation to unaccompanied minorschildren and families;
Amendment 648 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point e
Annex III – point 4 – point e
(e) preparation of return, including measures leading to the issuing of return decisions, the identification of third- country nationals, best interests assessments of children, the issuing of travel documents and family tracing and family reunification;
Amendment 650 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point g
Annex III – point 4 – point g
(g) return assistance and child rights- based compliant mechanisms, in particular assisted voluntary return and information about assisted voluntary return programmes, including by providing specific guidance for children in returns procedures;
Amendment 654 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point j
Annex III – point 4 – point j
(j) facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival, including; Alternative forms of care should be provided for unaccompanied minorschildren and other vulnerable groups in line with international standards, as well as integrated into existing national child protection systems;
Amendment 30 #
2018/0208(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairsfreedom, security and justice, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.
Amendment 34 #
2018/0208(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. To this purpose, particular attention should be paid to actions aimed at the protection of children´s rights in the context of criminal and civil justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.
Amendment 39 #
2018/0208(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation ofmote interoperable digital solutions underpinning seamless and efficient cross- border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.
Amendment 52 #
2018/0208(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs and the objectives of the financed actions are complementary. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].
Amendment 57 #
2018/0208(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) As recalled by the Court of Justice of the European Union in its case law1a, judicial independence forms part of the essence of the fundamental right to a fair trial and represents the basis for mutual trust and mutual recognition. _________________ 1a CJEU, Grand Chamber, 27 February 2018, C-64/16, Asociação Sindical dos Juízes Portugueses, ECLI:EU:C:2018:117; CJEU, Grand Chamber, 25 July 2018, C-216/18 PPU, L.M., ECLI:EU:C:2018:586.
Amendment 60 #
2018/0208(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairsfreedom, security and justice, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.
Amendment 76 #
2018/0208(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. To this purpose, particular attention should be paid to actions aimed at the protection of the rights of children in the context of civil and criminal justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings.
Amendment 80 #
2018/0208(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives. Support should be given, in particular, to activities which facilitate effective and equal access to justice for persons at risk, namely women, children, persons with disabilities, LGBTI people and migrants, irrespective of their residence status.
Amendment 84 #
2018/0208(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Pursuant to Articles 8 and 10 TFEU, the Programme should also support the mainstreaming of gender equality between women and men and non-discrimination objectives in all its activities.
Amendment 88 #
2018/0208(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) As highlighted by the European Parliament's Report on the European Commission's 2017 Justice Scoreboard, there are still significant gender balance disparities among the Member States' judiciary and judicial staff, particularly (but not exclusively) in relation to the following aspects: proportion of female judges in higher levels of the judiciary, transparency in appointments, reconciliation between work and non- work responsibilities and the existence of mentoring practices. The Programme should therefore support training activities seeking to address those disparities. These activities may, for instance, be tailored for female professionals within Member States' judiciary and judicial staff or, where adequate, target both female and male professionals, in an effort to raise awareness among all relevant staff.
Amendment 103 #
2018/0208(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, legal experts working for civil society organisations, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.
Amendment 108 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme has the general objective of contributing to the further development of a European area of freedom, security and justice based on the rule of law, democracy and fundamental rights, on mutual recognition and mutual trust;
Amendment 115 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture, as well as the consistent and effective implementation of the EU legal instruments on mutual recognition and procedural safeguards;
Amendment 117 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings, including children who are suspects or accused in criminal proceedings.
Amendment 143 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in Annex II. The data collected for monitoring and reporting shall, where applicable, be disaggregated by gender, age and staff category.
Amendment 146 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States. The Commission shall make available user-friendly formats and provide orientation and support, in particular to applicants and beneficiaries who may not have the adequate resources and staff to meet reporting requirements.
Amendment 160 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
3. analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States, including research on how to eliminate obstacles to an equal and effective access to justice for all; _________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 161 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3 a (new)
Annex I – paragraph 1 – point 3 a (new)
3 a. addressing gender balance disparities among the Member States' judiciary and judicial staff through training either tailored to female professionals (focusing, for instance, on aspects such as reconciliation between work and non-work responsibilities or mentoring practices) or targeting both female and male professionals (raising awareness on issues like the low proportion of female judges in higher levels of the judiciary or the need for transparency and objective criteria during appointment procedures).
Amendment 164 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 4 a (new)
Annex I – paragraph 1 – point 4 a (new)
4 a. multidisciplinary training of judicial staff and other relevant stakeholders in the field of juvenile justice, in order to prepare and promote the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings.
Amendment 165 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 4 b (new)
Annex I – paragraph 1 – point 4 b (new)
4 b. multidisciplinary training of judicial staff and other relevant stakeholders in the field of penitentiary law, detention and prison management, in order to facilitate the dissemination of best practices and ensure secure and appropriate detention conditions.
Amendment 167 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
capacity building and training of legal experts working for civil society organisations, that seek to promote effective access to justice for all and support of victims of crime, in particular persons at risk; fostering cooperation between these organisations and relevant national authorities.
Amendment 30 #
2018/0194(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Counterfeiting hotspots have been detected in third countries and the counterfeiting of the euro is acquiring a growing international dimension; therefore, capacity building and training activities involving the competent authorities of third countries should be considered essential to achieve the effective protection of the Union´s single currency and should be further encouraged in the context of the Programme.
Amendment 34 #
2018/0194(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
To prevent and combat counterfeiting and related fraud, thus enhancing the competitiveness of the Union’s economy, strengthening the trust of citizens about the genuineness of euro banknotes and coins and securing the sustainability of public finances.
Amendment 57 #
2018/0194(COD)
Proposal for a regulation
Annex I – paragraph 1 – point c a (new)
Annex I – paragraph 1 – point c a (new)
(c a) Number of participants from the competent authorities of third countries
Amendment 87 #
2018/0191(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing 'Erasmus + ': the Union programme for education, training, youth and sport and repealing Regulation (EU) No 1288/2013 (Text with EEA relevance)
Amendment 109 #
2018/0191(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In its Communication on 'A modern budget for a Union that protects, empowers and defends - the multiannual financial framework for 2021-2027'26 adopted on 2 May 2018, the Commission called for a stronger “youth” focus in the next financial framework, notably by more than doubling the size of the 2014-2020 Erasmus+ Programme, one of the Union’s most visible success stories. In its resolution of 14 March 2018 on the next multiannual financial framework, the European Parliament called for the Programme’s budget to be tripled on order to maintain its success, achieve its goals including increased inclusiveness, as well as reduce its shortcomings and barriers to participation. The focus of the new Programme should be on inclusiveness, and to reach more young people with fewer opportunities. This should allow more young people to move to another country to learn or work.
Amendment 123 #
2018/0191(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The Programme is essential to promoting lifelong learning and this dimension should be encouraged by means of cross-sectoral cooperation as well as greater interaction among different forms of education. In this context, large-scale policy projects should be promoted and provided with sufficient funding and national agencies should have greater flexibility.
Amendment 126 #
2018/0191(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Programme is a key component of building a European Education Area and of the development of the key EU competences for lifelong learning. It should be equipped to contribute to the successor of the strategic framework for cooperation in education and training and the Skills Agenda for Europe28 with a shared commitment to the strategic importance of skills and competences for sustaining jobs, growth and competitiveness. It should support Member States in reaching the goals of the Paris Declaration on promoting citizenship and the common values of freedom, tolerance and non-discrimination through education29. _________________ 28 29COM(2016) 381 final. COM(2016) 381 final. 29 [Reference]. [Reference].
Amendment 146 #
2018/0191(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Synergies with Horizon Europe should ensure that combined resources from the Programme and the Horizon Europe Programme33 are used to support activities dedicated to strengthening and modernising European higher education institutions. Horizon Europe will, where appropriate, complement the Programme's support for the European Universities initiative, in particular its research dimension as part of developing new joint and integrated long term and sustainable strategies on education, research and innovation. Synergies with Horizon Europe will help to foster the integration of education and research in higher education institutions. The programming of synergies should be coherent and synchronised in all relevant programmes. The simplified procedures for application should be applied for beneficiaries at the implementation level.
Amendment 153 #
2018/0191(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Programme should be more inclusive by improving its outreach to those with fewer opportunities, including throughoffering more flexible learning mobility formats, and by fostering the participation of small organisations, in particular newcomers and community-based grassroots organisations that work directly with disadvantaged learners of all ages. Virtual formats, such as virtual cooperation, blended and virtual mobility, should be promoted to reach more participants, in particular those with fewer opportunities and those for whom moving physically to a country other than their country of residence would be an obstacle. , and strengthening cooperation and dialogue with social partners, national and local authorities and civil society. To that end, an EU-wide strategy on fostering inclusiveness should be developed, including a specific methodology and specific measures to reach people with fewer opportunities and assist their participation in the Programme. Such a strategy should be further adjusted to national and local contexts and implemented by national agencies together with relevant stakeholders.
Amendment 167 #
2018/0191(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Virtual formats, such as virtual cooperation, blended and virtual mobility, can be promoted to reach more participants, in particular those whose participation in transnational activities is limited or strongly impeded. Such virtual formats should be viewed as an enhancement to, rather than a replacement for, physical mobility.
Amendment 171 #
2018/0191(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) Non-discriminatory and barrier- free access to the Programme should be ensured for people with disabilities. To that end, adequate funding and enhanced structural support is necessary to increase the Programme outreach.
Amendment 172 #
2018/0191(COD)
Proposal for a regulation
Recital 16 c (new)
Recital 16 c (new)
(16c) With a view to enhancing outreach, inclusion and the quality of learning mobility, experienced non-profit mobility providers should benefit from a simplified application procedure, such as accreditation by complying with quality charters, in order to support the participation in the Programme of institutions and organisations with limited resources and capacities.
Amendment 173 #
2018/0191(COD)
Proposal for a regulation
Recital 16 d (new)
Recital 16 d (new)
(16d) The Programme should put greater emphasis on inclusive and high- quality early school education as a means of enhancing children’s long-term educational potential from early years and preventing social and economic inequalities. The mobility of early education and pre-school staff should be promoted with the aim of strengthening the educational mission of pre-schools and improving the teaching of children.
Amendment 174 #
2018/0191(COD)
Proposal for a regulation
Recital 16 e (new)
Recital 16 e (new)
(16e) Online tools and platforms connected with the Programme should be optimised and synchronised in order to create a single information point for all stakeholders and Programme beneficiaries.
Amendment 175 #
2018/0191(COD)
Proposal for a regulation
Recital 16 f (new)
Recital 16 f (new)
(16f) The Programme should ensure the meaningful participation of the representatives of programme beneficiaries, including civil society, in the governance, implementation and evaluation of the Programme actions. Good governance and partnership with key stakeholders contributes to the effective and efficient implementation of the Programme's actions and activities.
Amendment 176 #
2018/0191(COD)
Proposal for a regulation
Recital 16 g (new)
Recital 16 g (new)
(16g) The Programme should provide structural support to key Union-level networks and European non- governmental organisations whose activities relate to and contribute to the Programme objectives.
Amendment 189 #
2018/0191(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The Programme should ensure quality mobility experiences based on the principles laid down in the European Quality Charter for Mobility (2006/961/EC), where the quality of the practical provisions such as information, preparation, support and recognition of experience and qualifications, as well as clear learning plans and learning outcomes drawn up in advance, have a definitive impact on the advantages of the mobility experiences. In addition, authorities and organisations involved in this process can improve its value by adequate planning and suitable evaluation.
Amendment 199 #
2018/0191(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) The Programme should strengthen inclusivity and quality in VET in order to ensure its vital role in providing equal opportunities and social inclusion for all citizens. To this end, the Programme should address VET sector-specific issues in relation to Programme participation, such as high-quality mobility partnerships, sector-specific language training and competence recognition and/or certification.
Amendment 201 #
2018/0191(COD)
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20b) VET institutions should be further encouraged to apply for the VET Charter in order to benchmark their quality and attractiveness. Partnerships and networks between employers and VET providers should be strengthened.
Amendment 202 #
2018/0191(COD)
Proposal for a regulation
Recital 20 c (new)
Recital 20 c (new)
(20c) The Programme should support and encourage the mobility of teachers and educational staff at all levels as an important factor in fostering their ongoing learning, enhanced working practice and overall professional development. To this end, teachers and educational staff should benefit from the same financial support regardless of sending countries, flexible work arrangements as well as the possibility to incorporate periods abroad into their work programmes and regular workloads.
Amendment 215 #
2018/0191(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Programme should offer young people more opportunities to discover Europe through learning experiences abroad. Eighteen year oldsYoung people, in particular those with fewer opportunities, should be given the chance to have a first-time, short- term individual or group travel experience travelling throughoutin Europe in the frame of an informal educational activity aimed at fostering their sense of belonging to the European Union and discovering its cultural diversity. Actions proposed within this framework should have a strong learning component enabling the validation of the competences and skills acquired during the mobility periods, and an inclusive character tailored to the needs of all participants. It should also integrate the European Capitals of Culture, the European Youth Capitals, the European Volunteering Capitals and European Green Capitals as a key component of the learning and traveling experience. The Pprogramme should identify bodies in charge of reaching out and selecting the participants and support activities to foster the learning dimension of the experience.
Amendment 225 #
2018/0191(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Programme should also enhance the learning of languages, in particular throughcluding on-site language courses and widened use of online tools, as e-learning offers additional advantages for language learning in terms of access and flexibility. The Erasmus Online Linguistic Support should be tailored to the specific needs of participants of the Programme and open to everybody.
Amendment 232 #
2018/0191(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The Programme should support measures that enhance the cooperation between institutions and organisations active in education, training, youth and sport, recognising their fundamental role in equipping individuals with the knowledge, skills and competences needed in a changing world as well as to adequately fulfil the potential for innovation, creativity and entrepreneurship, in particular within the digital economy. To this end, effective cooperation between all relevant stakeholders at all levels of the Programme’s implementation should be ensured.
Amendment 236 #
2018/0191(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In its Conclusions of the 14 of December 2017, the European Council called on Member States, the Council and the Commission to take forward a number of initiatives to elevate European cooperation in education and training to a new level, including by encouraging the emergence by 2024 of 'European Universities', consisting in bottom-up networks of universities across the Union. The Programme should support these European Universities ensuring their high quality, as well as inclusive and geographically balanced character.
Amendment 247 #
2018/0191(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Programme should contribute to facilitating transparency and automatic recognition of skills and, competences, qualifications, and diplomas as well as the transfer of credits or units of learning outcomes, to foster quality assurance and to support validation of non-formal and informal learning, skills management and guidance. In this regard, the Programme should also provide support to contact points and networks at national and Union level that facilitate cross-European exchanges as well as the development of flexible learning pathways between different fields of education, training and youth and across formal and non-formal settings.
Amendment 251 #
2018/0191(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The Programme should put special emphasis on the validation and recognition of education and training periods abroad, including for secondary school education. In this regard, the budget allocation and concrete grants should be linked to quality assessment procedures, to a description of the learning outcomes, and to the full application of the Council Recommendation on European Framework for Quality and Effective Apprenticeships.
Amendment 274 #
2018/0191(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article [125(1)] of the Financial Regulation. Targeted financial support for people with fewer opportunities is of paramount importance to the Programme’s inclusiveness. Therefore, pre-financing options should be put in place.
Amendment 276 #
2018/0191(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) The Programme should foster more synergies with the European Social Fund+ in terms of investments in skills and competences in particular for those with fewer opportunities;
Amendment 285 #
2018/0191(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In compliance with the Financial Regulation, the Commission should establish and adopt work programmes and informin close cooperation with the European Parliament and the Council thereof, having consulted National Agencies and relevant stakeholders. The work programme should set out the measures needed for their implementation in line with the general and specific objectives of the Programme, the selection and award criteria for grants, as well as all other elements required. The yearly Programme priorities should maintain continuity. Nevertheless, a certain degree of flexibility is necessary to respond to emerging challenges. Work programmes and any amendments to them should be adopted by implementing acts in accordance with the examination proceduremeans of delegated acts.
Amendment 291 #
2018/0191(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Appropriate outreach, publicity and dissemination of the opportunities and results of the actions supported by the Programme should be ensured at European, national and local level. The outreach, publicity and dissemination activities should rely on all the implementing bodies of the Programme, including, when relevantapplicable, with the support of other keyrelevant stakeholders.
Amendment 294 #
2018/0191(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to ensure efficient, and effective implementation of this Regulation, the Programme should make maximum use of delivery mechanisms already in place. The implementation of the Programme should therefore be entrusted to the Commission, and to national agencies, which should ensure consistent and coherent application of the Programme rules across the EU countries and proper outreach to and cooperation with all target groups across the wide spectrum of stakeholders. Where feasible, and in order to maximise efficiency, the national agenciesy should be the same as the one designated for the management of the predecessor programme. The scope of the ex- ante compliance assessment should be limited to the requirements that are new and specific to the Programme, unless justified, such as in case of serious shortcomings or under-performance on the part of the national agency concerned.
Amendment 300 #
2018/0191(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the Programme. This includes exempting study grants from taxation and social levies, as well as resolving, where possible, and without prejudice to Union law on the entry and residence of third-country nationals issues that create difficulties in obtaining visas and residence permits. In line with Directive (EU) 2016/801 of the European Parliament and of the Council39, Member States are encouraged to establish fast- track admission procedures. _________________ 39 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).
Amendment 306 #
2018/0191(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to simplify requirements for beneficiaries, simplified grants in the form of lump-sums, unit-costs and flat-rate funding should be used to the maximum possible extent. The simplified grants to support the mobility actions of the Programme, as defined by the Commission, should take into accountbe regularly reviewed and adjusted to the living and subsistence costs of the host country and regions. The Commission and national agencies of the sending countries should have the possibility to adjust these simplified grants on the basis of objective criteria, in particular to ensure access to people with fewer opportunities. In accordance with national law, Member States should also be encouraged to exempt those grants from any taxes and social levies. The same exemption should apply to public or private entities awarding such financial support to the individuals concerned.
Amendment 309 #
2018/0191(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) It is necessary to ensure the complementarity of the actions carried out within the Programme with activities undertaken by the Member States and with other Union activities, with emphasis on sharing knowledge and fostering national and local developments. These activities include in particular those in the fields of education, culture and the media, youth and solidarity, employment and social inclusion, research and innovation, industry and enterprise, agriculture and rural development with a focus on young farmers, cohesion, regional policy and international cooperation and development.
Amendment 322 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'learning mobility' means moving physically to a country other than the country of residence, in order to undertake study, training or non-formal or informal learning;, including teaching or professional development activities. It may be accompanied by measures such as language support and training and/or be complemented by online learning and virtual cooperation. In some specific cases, it may take the form of learning through the use of information technology and communications tools; tools, but not to the exclusion of physical mobility.
Amendment 335 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'higher education student' means any person enrolled at a higher education institution, including at short-cycle, bachelor, master or doctoral level or equivalent. It also covers recent graduates who has graduated from such an institution within the previous three years;
Amendment 337 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘staff’ means any person who, on either a professional or a voluntary basis, is involved in education at all levels, training or non- formal learning, and may include professors, teachers, trainers, school leaders, youth workers, sport coaches, non- educational staff and other practitioners involved in promoting learning;
Amendment 345 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘adult education’ means any form of non-vocational education for adults after initial education, whether of a formal, non- formal or informal nature; The main objectives of adult education are the promotion of social inclusion, active citizenship, personal development and well-being, along with the transfer of knowledge, competences and skills;
Amendment 367 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘youth worker’ means a professional or a volunteer involved in non-formal learning who supports young people in their personal socio-educational and, professional and competences development;
Amendment 375 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘people with fewer opportunities’ means people facing obstacles that prevent them from having effective who need additional support due to their disadvantage compared to their peers because of various obstaccless to opportunities under the Programme for, for example disability, health problems, educational difficulties, cultural differences, economic, social, cultural, and geographical or health reasons, a migrant background or for reasons such as disability abstacles, including people from marginalised communities or at risk of facing discrimination based on any of the grounds educational difficulties;nshrined in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 384 #
2018/0191(COD)
(26a) ‘social inclusion’ means the process of enabling people with fewer opportunities to participate in the Programme or/and addressing issues of inclusion and diversity that ultimately benefit people with fewer opportunities;
Amendment 386 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
(27a) ‘cross-sector cooperation’ means cooperation between different sectors of the Programme (higher education, vocational education and training, school education, early school education, adult education, youth and sport), as well as between formal, non-formal and informal learning environments and different legal entities (institutions and organisations) within those sectors.
Amendment 390 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 b (new)
Article 2 – paragraph 1 – point 27 b (new)
(27b) ‘key competences’ means knowledge, skills and attitudes needed by all for personal fulfilment and development, employability, social inclusion and active citizenship as defined in Key Competences for lifelong learning - a European Reference Framework.
Amendment 391 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 c (new)
Article 2 – paragraph 1 – point 27 c (new)
(27c) ‘mobility providers’ means non- profit organisations which offer support services to schools, universities or VET providers for the organisation of mobility projects.
Amendment 393 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Programme is to support the educational, professional and personal development of people in education, training, youth and sport, in Europe and beyond, thereby contributing to sustainable growth, quality jobs and social cohesion and to strengthening European identity. As such, the Programme shall be a key instrument for building a European education area, supporting the implementation of the European strategic cooperation in the field of education and training, with its underlying sectoral agendas, advancing youth policy cooperation under the Union Youth Strategy 2019-2027 and developing the, reinforcing lifelong learning and promoting an innovation-driven approach to education and training as well as a European dimension in sport.;
Amendment 405 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote learning mobility of individuals, as well as cooperation, inclusion, equity, excellence, creativity and innovation at the level of organisations and policies in the field of education and training;
Amendment 413 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) promote lifelong learning by enhancing cooperation between formal, non -formal and informal learning environments and supporting flexible learning pathways.
Amendment 418 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. All actions of the Programme should contain a strong learning component that contributes to the fulfilment of the programme’s objectives.
Amendment 419 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. To support and facilitate mobility, the e-card should be available to all students participating in the Programme by 2021 and its potential for all learners should be further explored with the cooperation of relevant stakeholders to maximise its benefits;
Amendment 421 #
2018/0191(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the mobility of pre-school teachers and early education and care staff;
Amendment 449 #
2018/0191(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) partnerships for building and strengthening the capacity of participating organisations;
Amendment 454 #
2018/0191(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) partnerships for innovation in education through large-scale actions such as adult education alliances.
Amendment 461 #
2018/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) policy dialogue and, cooperation withand support for relevant key stakeholders, including Union- wide networks, European non- governmental organisations and international organisations in the field of education and training;
Amendment 467 #
2018/0191(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) Jean Monnet action in other fields of education and training, including VET;
Amendment 488 #
2018/0191(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) Union tools and measures that foster the quality, transparency and recognition of competences and skills, in particular through Youthpass and the e- Card;
Amendment 503 #
2018/0191(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) not for profit sport events aiming at further developing the European dimension of sport, as well as promoting social inclusion and equal opportunities.
Amendment 512 #
2018/0191(COD)
Proposal for a regulation
Chapter 4 a (new)
Chapter 4 a (new)
CHAPTER V SOCIAL INCLUSION 1. The increased participation of people with fewer opportunities shall be a priority in order to ensure wide outreach, to foster inclusiveness and to contribute to achieving the Programme’s goals. In this context, a Union-wide strategy on enhancing the Programme’s inclusiveness shall be developed, setting common goals, indicating possible measures and guidelines to achieve them, outlining structural and financial support available, as well as monitoring and evaluation tools. The national agencies may further adjust this strategy to national and local contexts and shall implement it. The European Commission shall monitor the implementation of such a strategy. 2. The strategy referred to in paragraph 1 shall give particular attention to the following elements: (a) enhanced cooperation and dialogue with social partners, national and local authorities and civil society; (b) the optimisation of the potential of participating organisations by facilitating their participation in the Programme; (c) adapting the level of financial support for the mobility of individuals to meet the needs of people with fewer opportunities, in line with the living and subsistence costs of the host country or region; (d) collection of qualitative and quantitative data on the Programme’s inclusiveness; (e) cooperation with other Union instruments including the European Social Fund+ and support for other Union policies; (f) dissemination and awareness- raising of the Programme in the most user-friendly way to targeted groups; (g) support to contact points for beneficiaries and organisations working with them; (h) portability of social grants, and provision of pre-financing options and structural aid for the disabled; (i) preparation initiatives for the mobility experience. 3. Grants for mobility actions for people with fewer opportunities shall cover their total cost of participation in the Programme.
Amendment 516 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021-2027 shall be EUR 30 000in 41 097 000 000 constant prices (EUR 46 758 000 000 in current prices).
Amendment 521 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a – introductory part
Article 14 – paragraph 2 – point a – introductory part
(a) EUR 24 940 000 00083.17 % for actions in the field of education and training, from which:
Amendment 524 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a – point 1
Article 14 – paragraph 2 – point a – point 1
(1) at least EUR 8 640 000 000 should34.84 % shall be allocated to higher education actions referred to in point (a) of Article 4 and point (a) of Article 5;
Amendment 528 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a – point 2
Article 14 – paragraph 2 – point a – point 2
(2) at least EUR 5 230 000 00022 % shall be allocated to actions in vocational education and training referred to in point (b) of Article 4 and point (a) of Article 5;
Amendment 533 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a – point 3
Article 14 – paragraph 2 – point a – point 3
(3) at least EUR 3 790 000 00015.40 % shall be allocated to school education actions referred to in point (c) of Article 4 and point (a) of Article 5;
Amendment 539 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a – point 4
Article 14 – paragraph 2 – point a – point 4
(4) at least EUR 1 190 000 0005.5 % shall be allocated to adult education actions referred to in point (d) of Article 4 and point (a) of Article 5;
Amendment 542 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a – point 5
Article 14 – paragraph 2 – point a – point 5
Amendment 550 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a – point 5 a (new)
Article 14 – paragraph 2 – point a – point 5 a (new)
(5a) the remaining 22.26 % may be used to finance other actions in the field of education and training, in particular centralised actions, which should maintain geographical balance and an inclusive character;
Amendment 552 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a a (new)
Article 14 – paragraph 2 – point a a (new)
(aa) 1.50 % for Jean Monnet actions referred to in Article 7;
Amendment 557 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) EUR 3 100 000 00010.33 % for actions in the field of youth referred to in Articles 8 to 10;
Amendment 562 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) EUR 550 000 0001.80 % for actions in the field of sport referred to in Articles 11 to 13; and
Amendment 568 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) at least EUR 960 000 0003.20 % as a contribution to the operational costs of the national agencies.
Amendment 581 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. The funds for the learning mobility of individuals referred to in Article 4 shall be adjusted to the cost of living in the host Member States or regions.
Amendment 583 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 6 b (new)
Article 14 – paragraph 6 b (new)
6b. The allocations provided for in this Article may be modified, by means of delegated act, according to the performance assessment made in the interim evaluation report prepared by the European Commission in order to promote efficient and effective use of resources.
Amendment 584 #
2018/0191(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Staff such as teachers, professors or researchers working on the same project shall be remunerated equally and their living costs shall be adjusted to reality, based on host regions (reviewed annually or bi-annually and based on updated Eurostat figures).
Amendment 604 #
2018/0191(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. When implementing the Programme, inter alia in the selection of participants and the award of grants, the Commission and the Member States shall ensure that efforts are made to promote social inclusion and improve outreach to people with fewer opportunities. Additional support shall be provided to allow barrier-free access to all activities for people with fewer opportunities to prepare them culturally, socially, and linguistically for their mobility experiences.
Amendment 609 #
2018/0191(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. To improve access to people with fewer opportunities and ensure the smooth implementation of the Programme, the Commission may adjust or may authorise the national agencies referred to in Article 23 to adjust, on the basis of objective criteria, the grants to support mobility actions of the Programme, for example by providing pre-financing.
Amendment 615 #
2018/0191(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The Programme shall be implemented by work programmes referred to in Article [108] of the Financial Regulation. In addition, the work programme shall give an indication of the amount allocated to each action and of the distribution of funds between the Member States and third countries associated to the Programme for the actions to be managed through the national agency. The work programme shall be adopted by the Commission by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31 delegated act.
Amendment 618 #
2018/0191(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the startno later than 31 December 2024 in order to assess the effectiveness of the measures taken to achieve the Programme’s objectives and to evaluate the efficiency of the Programme, accompanied, if appropriate, by a legislative proposal to amend this Regulation. In this regard, particular focus should be given to the performance assessment of EU-funded actions and the realisation of the pProgramme implementation. It’s inclusiveness strategy. The interim evaluation shall also be accompanied by a final evaluation of the predecessor programme.
Amendment 623 #
2018/0191(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The Commission shall communicate the conclusions of the evaluations accompanied by its observationsubmit evaluation reports to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 625 #
2018/0191(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. National agencies referred to in Article 24, together with the European Commission, shall develop an EU- wide consistent strategy with regard to the effective outreach as well as dissemination and exploitation of results of activities supported under the actions they manage within the Programme, shall assist the Commission in its general task of disseminating information concerning the Programme, including information in respect ofincluding information regarding actions and activities managed at the national and Union level, and its results, and. National agencies shall inform relevant target groups about the actions and activities undertaken in their country, with a view to enhancing outreach across and cooperation with the wide spectrum of stakeholders, and to support a cross- sectoral approach in the Programme’s implementation.
Amendment 634 #
2018/0191(COD)
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. All Programme documents for beneficiaries shall be available in all the official languages of the European Union in order to ensure equal opportunities.
Amendment 636 #
2018/0191(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Member States shall take all necessary and appropriate measures to remove any legal and administrative obstacles to the proper functioning of the Programme, including, where possible, measures aimed at avoiding the taxation of grants, ensuring portability of rights among EU social systems and resolving issues that give rise to difficulties in obtaining visas.
Amendment 642 #
2018/0191(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The national agencies shall ensure the uniform and coherent application of the Programme’s guidelines in order to ensure high quality in terms of information, administrative procedures and project evaluation for all beneficiaries. The Commission is in charge of monitoring this provision.
Amendment 646 #
2018/0191(COD)
Proposal for a regulation
Article 24 – paragraph 7 a (new)
Article 24 – paragraph 7 a (new)
7a. The national agency shall ensure quality mobility experiences based on the principles laid down in the European Quality Charter for Mobility (2006/961/EC).
Amendment 647 #
2018/0191(COD)
Proposal for a regulation
Article 24 – paragraph 7 b (new)
Article 24 – paragraph 7 b (new)
7b. The national agency shall regularly consult the beneficiaries of the Programme (individuals and organisations) with a view to improving the Programme’s implementation.
Amendment 652 #
2018/0191(COD)
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Regular meetings shall be organised with the network of national agencies in order to ensure coherent implementation of the Programme across all Member States and all third countries referred to in Article 17. The representatives of beneficiaries, including civil society and external experts, shall be invited to participate in these meetings as observers.
Amendment 658 #
2018/0191(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Education, Audiovisual and Culture Executive Agency The Education, Audiovisual and Culture Executive Agency, being in charge of the implementation of centralised actions, shall also manage all stages of grant and project applications for actions of the Programme listed in Chapter II, III and IV of this Regulation submitted by Union- wide networks, European non- governmental organisations and international organisations.
Amendment 662 #
2018/0191(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Actions eligible under the Programme which have been assessed in a call for proposals under the Programme and which comply with the minimum quality requirements of that call for proposals, but which are not financed due to budgetary constraints, may beshould be provided with a Seal of Excellence to acknowledge their high quality. This might facilitate their application for funding from other sources and/or enable their selectedion for funding by the European Structural and Investment (ESI) funds, without a new application process. In this case the co- financing rates and the eligibility rules based on this Regulation shall apply. These actions shall be implemented by the managing authority referred to in Article [65] of Regulation (EU)XX [CPR] in accordance with the rules set out in that Regulation and fund specific regulations, including rules on financial corrections.
Amendment 670 #
2018/0191(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Amendment 671 #
2018/0191(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The Commission shall be assisted by an advisory committee within the meaning of Regulation (EU) No 182/2011. composed of relevant stakeholders, including external experts and representatives of beneficiaries, including civil society and social partners. The Committee shall meet in specific configurations to deal with sectoral issues at all levels of Programme implementation, including the preparation of the Annual Work Programme, its implementation and assessment.
Amendment 61 #
2018/0105(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The provisions of this Directive should not affect the operational independence and autonomy of the Financial Intelligence Units as established in Article 32 (3)of Directive (EU) 2015/849.
Amendment 84 #
2018/0105(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit is entitled to repliesy to requests for financial information and financial analysis made by Europol through the respective Europol National Unit. Member States should also provide that their Europol National Unit is entitled to repliesy to requests for information on bank accounts by Europol. Requests made by Europol have to be duly justified. They have to be made on a case-by case basis, within the limits of Europol's responsibilities and for the performance of its tasks. _________________ 16 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53.
Amendment 86 #
2018/0105(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) To strengthen the cooperation between Financial Intelligence Units, the European Commission should carry out an impact assessment in the near future to evaluate the appropriateness of establishing a European Union Financial Intelligence Unit.
Amendment 87 #
2018/0105(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States should be required to ensure that the processing of sensitive financial information that could reveal a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation should be allowed only to the extent that it is strictly necessary and relevant to a specific investigation and in compliance with the relevant data protection regime.
Amendment 98 #
2018/0105(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Furthermore, in order to respect the right to the protection of personal data and the right to privacy and limit the impact of the access to the information contained in centralised bank account registries and data retrieval systems, it is essential to provide for conditions limiting the access. In particular, Member States should ensure that appropriate data protection policies and measures apply to the access to personal data from competent authorities for the purposes of this Directive. Only authorised personsstaff should have access to information containing personal data which can be obtained from the centralised bank account registries or through authentication processes. Staff granted with access to such sensitive data should receive training on security practices with regards to the exchange and handling of the data.
Amendment 100 #
2018/0105(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The Commission should report on the implementation of this Directive threewo years after its date of transposition, and every three years thereafter. In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement on Better Law-Making19 the Commission should also carry out an evaluation of this Directive on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Directive and the need for any further action. _________________ 19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 105 #
2018/0105(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down measures to facilitate access by competent authorities - in accordance with national law - to financial information and bank account information for the prevention, detection, investigation or prosecution of serious criminal offences. It also provides for measures to facilitate - in accordance with national law- access by Financial Intelligence Units to law enforcement information and to facilitate the cooperation between Financial Intelligence Units.
Amendment 107 #
2018/0105(COD)
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) the provisions of Directive (EU) 2015/849 of the European Parliament and of the Council and the related provisions in the national law of Member States, including the organisational status conferred to Financial Intelligence Units under national law; and also the competencies of national authorities responsible for application of legislation concerning the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
Amendment 113 #
2018/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'financial information' means any type of information or data which ison financial assets, movements of funds, financial business relationships which is already held by Financial Intelligence Units pursuant to Directive (EU) 2015/849, to prevent, detect and effectively combat money laundering and terrorist financing, or any type of information or data which is held by public authorities or by obliged entities for those purposes and which is available to Financial Intelligence Units without the taking of coercive measures under national law;
Amendment 115 #
2018/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'law enforcement information' means any type of information or data which already is held by competent authorities to prevent, detect, investigate or prosecute criminal offences or any type of information or data which is held by public authorities or by private entities for those purposes and which is available to competent authorities without the taking of coercive measures under national law; such information may include criminal records, information on investigations or ongoing prosecutions, freezing and seizing of assets or other investigative or provisional measures, convictions, confiscations, mutual legal assistance activities;
Amendment 118 #
2018/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
Amendment 128 #
2018/0105(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Member State shall notify the Commission its designated competent authorities in accordance with paragraphs (1) and (2) by [64 months from transposition date] at the latest, and shall notify the Commission of any amendment thereto. The Commission shall publish the notifications and any amendment thereto in the Official Journal of the European Union.
Amendment 131 #
2018/0105(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The additional information that Member States may deem essential and include in the centralised bank account registries in accordance with Article 32a(4) of Directive 2018/XX/EU shall not be accessible and searchable by competent authorities according toon the basis of this Directive.
Amendment 134 #
2018/0105(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the access and search by competent authorities is supported by technical and organisational measures ensuring the security of the data according to the highest technological standards available.
Amendment 137 #
2018/0105(COD)
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) the identifiers of the official who carried out the query or search and of the official who ordered the query or search, and as far as possible, the identity of the recipient of the results of the query or search.
Amendment 142 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is required to reply, in a timely manner, to requests for financial information or financial analysis by its designated competent authorities referred to in Article 3(2), where that financial information or financial analysiscan be obtained by the requesting competent authorities in accordance with the applicable law and regulation, is necessary, on a case- by-case basis, for the prevention, detection, investigation or prosecution of serious criminal offences and cannot be accessed through direct means.
Amendment 144 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. FIUs shall be under no obligation to comply with the request for information in case there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested as provided for under article 32(5) of Directive EU 2015/849.
Amendment 146 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. When refusing to provide information, FIUs shall transmit a detailed explanation for such denial.
Amendment 147 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 1 c (new)
Article 7 – paragraph 1 c (new)
1c. When exchanging financial information pursuant to Article 7 (1), the transmitting FIU may impose restrictions and conditions for the use of that information. The receiving competent authority shall comply with those restrictions and conditions.
Amendment 148 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 1 d (new)
Article 7 – paragraph 1 d (new)
1d. Exemptions and conditions provided for under Articles 32(5), 53 and 54 of Directive (EU)2015/849 shall apply.
Amendment 150 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The financial information and financial analysis received from the Financial Intelligence Unit may be processed by the competent authorities of the Member States for the specific purposes of preventing, detecting, investigating or prosecuting serious criminal offences other than the purposes for which personal data are collected in accordance with Article 4(2) of Directive (EU) 2016/680.
Amendment 154 #
2018/0105(COD)
Subject to national procedural safeguards, in accordance with article 32 (4) Directive (EU) 2015/849 on the access to information by the Financial Intelligence Units each Member State shall ensure that its designated national competent authorities are required to reply, in a timely manner, to requests for law enforcement information by the national Financial Intelligence Unit, on a case-by- case basis, where the information is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 159 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing in accordance with article 53 (1) directive(EU) 2015/849.
Amendment 166 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysisthat are already in its possession, it shall do so as soon as possible and in any case no later than three days after the receipt of the request. In exceptional, duly justified cases, this time limit may be extended by a maximum of 10 days.
Amendment 171 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that, in exceptional and urgent cases, and by way of derogation from paragraph 2, where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence, a Financial Intelligence Unit shall provide that information or analysis no later than 24 hours after the receipt of the request.
Amendment 173 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall ensure that a request issued pursuant to this Article and its response shall be transmitted by using the dedicated secure electronic communications network FIU.net or its successor. That network shall ensure the secure communication and shall be capable of producing a written record under conditions that allow ascertaining authenticity. In the event of technical failure of the FIU.net, the financial information or financial analysis shall be transmitted by any other appropriate means ensuring athe highest possible level of data security.
Amendment 180 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall ensure that its Europol National Unit is entitled to repliesy to duly justified requests related to bank account information or to financial information provided by the FIU made by the Agency for Law Enforcement Cooperation established by Regulation (EU) 2016/794 of the European Parliament and of the Council (‘Europol') on a case-by- case basis within the limits of its responsibilities and for the performance of its tasks. Exemptions and conditions provided for under Articles 32(5), 53 and 54 of Directive (EU) 2015/849 shall apply. Article 7 (7) of Regulation (EU) 2016/794 shall apply.
Amendment 183 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information provided in accordance with this Article and about the outcome of the investigations or analysis performed on the basis of that information.
Amendment 186 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 192 #
2018/0105(COD)
3. Exchange of information under paragraphs 1 and 2 shallmay take place electronically through SIENA or its successor and in accordance with Regulation (EU) 2016/794. The language used for the request and the exchange of information shall be that applicable to SIENA.
Amendment 193 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Europol is entitled to reply to requests for information by Financial Intelligence Units on a case-by-case basis, where the information is necessary for the prevention and combating of money laundering, associated predicate offences and terrorist financing.
Amendment 197 #
2018/0105(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The processing of personal data related to bank account information, financial information and financial analysis referred to in Article 10(1) and (2) shall be performed only by the persons within Europol who have been specifically designated and authorised to perform those tasksmeans of operational analysis projects, in respect of which the specific safeguards laid down in Article18(3) of Regulation (EU) 2016/794 shall apply.
Amendment 204 #
2018/0105(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The processing of information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation mayshall only be allowed to the extent that it is strictly necessary and relevant in a specific casein accordance with Article 10 of Directive (EU) 2016/680 and Article 9 Regulation (EU) 2016/679 in their respective scope of application.
Amendment 208 #
2018/0105(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Only persons specifically authorised and trained may access and process the data referred to in paragraph 1 under the instruction of the data protection officer
Amendment 209 #
2018/0105(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the name and contact details of the organisation and personnel member requesting the information; and, as far as possible, the identity of the recipient of the results of the query or search.
Amendment 214 #
2018/0105(COD)
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) enable the Financial Intelligence Unit or the competent national authority to fulfil its tasks properly for the purposes of this Directive; in accordance with Article 15(1) of Directive (EU)2016/680 and Article 41(4) of Directive 2015/849 in their respective scope of application.
Amendment 218 #
2018/0105(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. By [OJ please insert date: threewo years after the date of transposition of this Directive] at the latest, and every three years thereafter, the Commission shall draw up a report on the implementation of this Directive and submit it to the European Parliament and to the Council. The report shall be made public.
Amendment 219 #
2018/0105(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Amendment 220 #
2018/0105(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by XXYY [262 months after the date of entry into force of Directive (EU) (…)/2018: OJ please insert number of Directive amending Directive (EU) 2015/849] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 13 #
2017/2256(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in recent years several factors have impacted the functioning of the Schengen area; whereas these factors include a sign, in particular Member States having reintroduced and subsequently prolonged controls at internal borders since2014; whereas the reintroduction of internal border controls has had a domino effect throughout the Schengen area, leaving some Member States with great difficant numbers of asylum seekers and irregular migrants with related secondary movementsulties; whereas the reintroduction of controls at internal borders seems related to a perception of the numbers of persons seeking international protection and irregular migrants arriving rather than the actual number of those arriving; whereas otheser factors also include terrorism and a heightened threat to public policy and the internal security of the Member States; whereas several Member States have also reintroduced and subsequently prolonged controls at internal borders since 2014;
Amendment 20 #
2017/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, from March 2016, the Commission has proposed a series of measures with a view to restoring the normal functioning of the Schengen area; whereas the proper functioning of the Schengen area is not restored yet and depends on the adoption of such measures and on their implementation, in particular by Member States;
Amendment 41 #
2017/2256(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
-3. Points out that the EU legislator has adopted a number of measures in the last three years which were designed to reinforce the integrity of the Schengen Area without internal border control. Notes that these measures include a Regulation to establish a revamped European Border and Coast Guard Agency, a revision of the Schengen Borders Code to provide for mandatory systematic checks on EU nationals crossing external Schengen Borders, and a new Entry-Exit system to record the entry and exit of all third-country nationals entering the Schengen area for a short stay;
Amendment 43 #
2017/2256(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
-1. Notes with dismay that despite the number of measures adopted and currently on the table, internal border controls persist within the Schengen Area without internal border control in flagrant breach of the existing rules of the Schengen Borders Code; Suggests that mutual trust is not strengthened when Member States choose to ignore the rules which they, themselves, have agreed upon;
Amendment 59 #
2017/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the supporRegrets that mand capacity-building measures taken in the countries of origin to address the root causes of irregular migration;y people died or went missing trying to reach the European Union in the past years ; Therefore, considers it crucial that adequate maritime search-and- rescue aspects and capabilities are embedded into all operational planning and execution, as provided for in Regulation (EU) No 656/2014of border surveillance at sea borders and in the execution of such operations by the EBCGA as provided for in Regulation (EU) No 656/2014;Further emphasises that Search and Rescue is an individual component of European Integrated Border Management as set out in the EBCGA Regulation;
Amendment 68 #
2017/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers cooperation with third countries, in particular in the context of development policy and readmission agreements, as one of the most essential elements in finding the solution to irregular migration; as one element in reducing levels of irregular migration to the European Union; acknowledges that the basic instrument that sets out the objectives of the Union’s external policies on migration, asylum and borders is the Global Approach to Migration and Mobility; takes note that various instruments exist under that umbrella, including regional dialogues, bilateral dialogues, mobility partnerships, common agendas for migration and mobility, readmission agreements, visa facilitation agreements, visa exemption agreements, Regional Protection Programmes and Regional Development and Protection Programmes;
Amendment 106 #
2017/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state of Schengen and the issues it has enpersistence of internal border counteredrols are not due, primarily, to problems in the structure and construction ofrules of the Schengen area itself but rather to the connecrelated fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and the control of the external borders; underlines, all the same, that the rules applied under the Schengen Acquis could always be optimised and made clearer to avoid legal uncertainty regarding measures introduced unilaterally by Member States;
Amendment 125 #
2017/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness; takes the view that many of somthe prolongations of controlsare not in line with the existing rules and are therefore unlawful; is also of the opinion that Member States have not taken the proper measures to ensure cooperation with other affected Member States to minimise the effects of these measures, nor have they provided enough information on the results of such controls, therefore hindering the analysis by the Commission and scrutiny by Parliament; considers the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens; recalls that Member States have other tools available, namely targeted police controls, as recommended by the Commission; iterates that the Union legislator has adopted many measures in the last three years to strengthen the external borders and external border control; underlines that there has been no corresponding reaction in terms of the removal of internal border controls; recalls that Member States have other tools available to them other that internal border control, including - as recommended by the Commission - targeted police controls provided that such controls do not have border control as an objective, are based on general police information or experience regarding possible threats to public security and aim, in particular, to combat cross-border crime, are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
Amendment 139 #
2017/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Appreciatcknowledges, as part of efforts to restore the normal functioning of Schengen, the proposal to amend the Schengen Borders Code; recalls that these changes should merely reflect the new challenges and diffuse threats to internal security and as regards the rules applicable to the temporary reintroduction of border controls at internal borders; emphasises the need to establish clear rules that provide adequate reassurance for Member States without rendering internal border control easier to reintroduce and without encouraging the reintroduction of internal border control for longer than is absolutely necessary; recalls that any changes should not be a further avenue for prolonging internal border controls; considers that these steps are to be made carefully in order not to inflict irreversible damage on the basic idea of free movement;
Amendment 145 #
2017/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses concern about the lack of implementation in some areas of the regulation governing certain fields of border control, such as the systematic consultation of databases during border checks and the thorough checking of the required entry conditions; notes that clear non-compliance in establishing National Coordination Centres in accordance with the European Border Surveillance System Regulation (EUROSUR) is prevalent in many Member States; Emphasises again that, in order for legislation on internal and external borders to be effective, it is essential that measures agreed at Union level are implemented properly by the Member States;
Amendment 150 #
2017/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that all the Member States, including those with no external land borders, should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing and expertise, establishing the necessary command and control structures and formulating up-to-date risk analyses in accordance with Regulation (EU) 2016/1624 for all tiers of command to facilitate effective operations;
Amendment 211 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures once a return decision has been issued; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to detentionincrease the use of alternative measures to detention, and, bearing in mind that detention is a measure of last resort, to ensure their detention facilities respect International and European requirements and fundamental rights;
Amendment 229 #
2017/2256(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls the high priority given to the reform of the Common European Asylum System (CEAS) as part of the holistic approach to tackling the refugee and migratiohumanitarian crisis and of the Commission’s Agenda on Migration; calls on the Council to swiftly follow Parliament in adopting a mandate for negotiations on every proposal in this regard, particularly as regards the Dublin Regulation; highlights that the new European Agency for Asylum has still to be approved and urges the Council to unblock this file as a matter of urgency;
Amendment 234 #
2017/2256(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Insists on developing the Schengen evaluation mechanism together with the vulnerability assessment tool in a way that impreovents unforeseen relapses ins the overall management of the external borders, enhances the respect of the Schengen acquis and facilitates thorough scrutiny and transparency between Member States and institutions;
Amendment 236 #
2017/2256(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to adopt a legislative proposal to amend the EUROSUR Regulation in light of the major shortfalls encountered in the implementation of the current regulation, and considers that such a proposal should encourage greater use of EUROSUR to engage and assist search and rescue operations;
Amendment 5 #
2017/2216(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the diversity of legal and administrative systems in the Member States presents a challenging environment in which to overcome irregularities and combat fraud; whereas the Commission should therefore step up its efforts to ensure that the fight against fraud is implemented effectively and produces more tangible and more satisfactory results; by means of initiatives - legislative included – aimed at aligning or at least ensuring an upward of the powers available to the competent authorities of the Member States, as it is the case - for example - in Italy by means of the extensive powers available to the “Guardia di Finanza”, as acknowledged at the session of Budgetary Control Committee on 13 November 2017.
Amendment 15 #
2017/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for effective cooperation among EPPO, OLAF and Eurojust; recalls the pending negotiations on the Eurojust Regulation; stresses that the respective competences of Eurojust and EPPO need to be clearly defined; emphasises that in order for the fight against fraud to be truly effective at an EU level, the new EPPO, Eurojust and OLAF will need to work seamlessly with one another both in policy and operational terms; reiterates, in that respect, that working arrangements between the three bodies should be drawn up and adopted as soon as possible in accordance with Articles 99 – 101 of Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office;
Amendment 21 #
2017/2216(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the protection of whistle-blowers is essential in order to safeguard the public good and the financial interests of the European Union and to promote a ulture of public accountability and integrity in both public and private institutions;
Amendment 22 #
2017/2216(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Encourages both the European Commission and Member State to adopt measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 22 #
2017/2209(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
- Having regards to Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA;
Amendment 23 #
2017/2209(INI)
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
- Having regards to the European Council Conclusionson security and defence on 22 June 2017;
Amendment 25 #
2017/2209(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the rights to freedom of expression and freedom of opinion are fundamental human rights and indispensable conditions for the full development of the person and their active participation in a democratic society, for the realisation of the principles of transparency and accountability and for the fulfilment of other human rights and fundamental freedoms;
Amendment 33 #
2017/2209(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media freedom, pluralism and independence are crucial components of the right to freedom of expression; whereas the media play an essential role in democratic society, by acting as public watchdogs, while contributing to citizens’ empowerment and their participation in democratic life; whereas the scope of such a role should be enlarged to encompass online and citizen journalism, as well as the work of bloggers, internet users, social media activists and human rights defenders, in order to reflect today’s profoundly changed media reality;
Amendment 37 #
2017/2209(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas fakenews, cyberbullying or revenge porn represent growing concerns for our societies especially among young people;
Amendment 38 #
2017/2209(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the spread of false news and disinformation on social media or search websites has strongly impaired the credibility of traditional medias which consequently harms their capacity to act as watchdogs;
Amendment 46 #
2017/2209(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas journalists and other medias actors are still facing violence, threats, harassment or public shaming in the European Union mainly because of their investigative activities to protect public interest from the misuse of power, corruption, human rights violations or criminal activities;
Amendment 47 #
2017/2209(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas guaranteeing the safety and security of journalists and other media actors is a precondition to ensure fully their role and capacity to properly inform citizens and to participate effectively in public debate;
Amendment 48 #
2017/2209(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas, according to the Council of Europe Platform to promote the protection of journalism and safety of journalists, more than half cases of abuses against media professionals are committed by state actors;
Amendment 49 #
2017/2209(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas investigative journalism should be promoted as civic engagement and as an act of virtuous citizenship supported by communication, learning, education and training;
Amendment 60 #
2017/2209(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the effect of the economic crisis, coupled with the simultaneous growth of social media platforms and other high-tech giants and highly selective advertising revenues, have dramatically increased precariousness in the working conditions and social insecurity of media actors, leading to a dramatic drop in professional and social standards in journalism that may negatively affect their editorial independence;
Amendment 73 #
2017/2209(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, recalling the Council of Europe, whistleblowing is a fundamental aspect of freedom of expression and plays a cn essentrial role in deterrcting and prevenporting wrongdoing, and in strengthening democratic accountability and transparencyirregularities as well as in identifying and publicising cases of corruption; whereas the adequate protection of whistleblowers at EU, national and international level is a precondition for ensuring the effectiveness of such a role;
Amendment 75 #
2017/2209(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas whistleblowing represents a key source of information in the fight against organised crime, in the investigation of cases of corruption within the public sector as well as in the detection of tax avoidance schemes set up by private companies;
Amendment 79 #
2017/2209(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas protection of whistleblowers cannot be achieved only through legislative measures but also through the fostering of a cultural change in European societies so as to avoid any form of stigmatisation towards investigative journalism;
Amendment 83 #
2017/2209(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. Whereas the internet and namely social media play a key role as a driver of radicalisation leading to violent extremism as well as a tool to disseminate hate speech and illicit contents especially among young people;
Amendment 84 #
2017/2209(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
I d. Whereas effective online counterterrorism measures and the protection of freedom of expression are not conflicting goals, but complementary and mutually reinforcing;
Amendment 85 #
2017/2209(INI)
Motion for a resolution
Recital I e (new)
Recital I e (new)
I e. Whereas combating radicalisation and violent extremism requires close and coordinated collaboration between all concerned actors, at all levels of governance (local, regional and national) as well as with the civil society and the private sector;
Amendment 109 #
2017/2209(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its deep concern at the abuses, crimes and deadly attacks still being committed against journalists and media workers in the Member States because of their activities; urges the Member States to do their utmost to prevent such violence, to ensure accountability and avoid impunity and to guarantee that victims and their families have access to the appropriate legal remedies; calls on the Member States, moreover, to fully implement Council of Europe Recommendation CM/Rec(2016)4 on the protection of journalism and safety of journalists and other media actors;
Amendment 153 #
2017/2209(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 158 #
2017/2209(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Encourages the European Commission and Member States authorities to strengthen their efforts to build effective counter-narratives and other strategic communications tools to disrupt the process of radicalization towards extremist ideals;
Amendment 160 #
2017/2209(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Observes that an effective means of combating terrorism on the internet is to remove online contents constituting a public provocation to commit a terrorist offence. Encourages the Commission and Member States to cooperate with internet sector to prevent the misuse of social media for terrorist purposes by establishing tools to detect and flag illicit contents. Member States should provide clear guidelines to ensure an adequate level of legal certainty and predictability for users and service providers and the possibility of judicial redress in accordance with national law;
Amendment 169 #
2017/2209(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Underlines that law enforcement and judicial authorities face many obstacles while investigating and prosecuting online offences also due to discrepancies among EU member states legislations;
Amendment 171 #
2017/2209(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises that the new digital environment has exacerbated the problem of the spread of disinformation, or the so- called ‘fake’ or ‘false’ news; recalls, however, that this is not a new phenomenon, nor is it restricted to the online sphere; stresses the importance of effective systems of self-regulation which are based on the principles of accuracy and transparency and whichand provide for proper obligations and instruments regarding source verification and fact checking;
Amendment 178 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Welcomes the European Commission decision to establish a High Level Expert Group on fake news and online disinformation composed by representatives of the civil society, social media platforms, news media organisations, journalists and academia in order to analyse these emerging threats and propose operative measures to be taken both at European and national level;
Amendment 186 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Recalls Member States that the notion of fake news should never be used to criminalise critical media;
Amendment 188 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls on the European Commission to provide social media platforms with precise definitions of fake news and disinformation in order to reduce the margin of discretion left to the private sector actors;
Amendment 189 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Encourages social media companies to develop tools to enable users to flag potential fake news for review by certified third party fact checking organisations;
Amendment 190 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Reiterates that cyberbullying and revenge porn are a growing concern in our societies and can have extremely serious impacts especially among young people and children. Encourages all Member States to set up forward looking legislation to address this phenomenon including provisions for removal from social media of contents harmful for human dignity within well-defined deadlines;
Amendment 191 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13 f. Encourages both the European Commission and Member States to invest in media literacy in order to provide citizens with tools to be aware and critical about contents they read and consequently identify fake news and disinformation;
Amendment 192 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13 g. Calls on Member States to invest adequate financial resources for fact- checking as well as to integrate media and information literacy into national education systems and more generally in order to empower citizens with the tools to use the internet responsibly and avoid possible risks;
Amendment 193 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13 h. Reiterates the right of each individual to decide on the fate of his or her personal data, in particular the exclusive right to control the use, disclosure of personal information and the right to be forgotten defined as the possibility to obtain a prompt removal of contents that might be prejudicial for his or her own dignity from social media and search websites;
Amendment 198 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Encourages Member States to develop policies to ensure that reporting mechanisms are accessible, safe and secure, and that the claims of whistleblowers and investigative journalists are professionally investigated;
Amendment 199 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Emphasises the key role of whistleblowers in safeguarding the public interest and in promoting a culture of public accountability and integrity in both public and private institutions;
Amendment 202 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Encourages Member States and the European Commission to set up a comprehensive legislative framework to protect whistleblowers as well as to build a narrative, which underlines the fundamental role that whistleblowers play in our societies;
Amendment 204 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Encourages both the European Commission and Member States to adopt measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 207 #
2017/2209(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to adopt and implement legislative frameworksmedia ownership regulation in order to avoid horizontal concentration of ownership in the media sector, indirect and cross-media ownership to guarantee transparency of media ownership and management, as well as to apply appropriate restrictions on media ownership by persons holding public office and to ensure independent oversight and effective compliance mechanisms in order to prevent conflicts of interest and ensure editorial and journalistic independence and safeguard the media’s role as public watchdog;
Amendment 218 #
2017/2209(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Encourages Member States to establish a regulatory body for monitoring, documenting, and reporting on violence and threats against journalists as well as on media concentration and pluralism;
Amendment 221 #
2017/2209(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to monitor and collect information and statistics about media freedom and pluralism within all Member States and to closely analyse cases of infringement of the fundamental rights of journalists while respecting the principle of subsidiarity;
Amendment 20 #
2017/2188(DEC)
Motion for a resolution
Paragraph 294
Paragraph 294
294. Criticises the Court of Justice of the European Union (CJEU) for refusing the access of the Court of Auditors to all the documents relevant in a case, only allowing the auditors to consult publicly available documents; reminds the CJEU that Court of Auditors Members as well as its auditors are bound by confidentiality and professional secrecy in the performance of duties15 ; regrets that référendaires could not be interviewed despite their crucial role in the CJEU’s work; _________________ 15Please see the Code of Conduct for Members of the European Court of Auditors in article 6 and the Ethical guidelines for the European Court of Auditors applying to the staff in paragraph 4 concerning professional secrecy.Notes that the Court of Auditors did not have access to certain documents; underlines that some documents should remain restricted to the Judges, Advocates-General and selected CJEU staff due to the Treaty obligation to maintain the secrecy of the deliberative process1a; calls on the CJEU to provide the Court of Auditors with access to all documents necessary for its audits, to the extent this doesn't infringe the obligation to maintain secrecy of the deliberative process; _________________ 1aArticle 35 of Protocol (No 3) on the Statute of the Court
Amendment 21 #
2017/2188(DEC)
Motion for a resolution
Paragraph 295
Paragraph 295
295. Notes with regret that the General Court from 2012 onwards has repeatedly exceeded the reasonable periodWelcomes the overall decrease of the duration of proceedings in 2016 noted by the Court of Auditors in its special report on case management at the Court by an average of 0,9 months at the Court of Justimce within which a litigant is entitled to expect judgement to be delivered; invites the General Court to report to Parliament’s Committeand 1,9 months at the General Court compared to 2015; welcomes the organisational and procedural actions taken by the Court to enhance its efficiency and encourages the Court to pursue its effort to ensure the con Budgetary Control to clarify the situationtinuation of a downward trend that all cases are concluded within a reasonable period of time;
Amendment 22 #
2017/2188(DEC)
Motion for a resolution
Paragraph 297
Paragraph 297
297. RegretNotes that the Court of Auditors excluded from the sampling the cases which took longer than twice the average duration; is of the opinion that not only the typical cases are relevant to assessing performancrules of conduct of référendaires was adopted by the Court in 2009 and have been provided to the Committee of Budgetary Control in the Court’s reply to the questionnaire concerning the 2016 discharge;
Amendment 22 #
2017/2139(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with regret that in 2016, the General Court exceeded the reasonable period of time within which a litigant is entitled to expect judgement to be delivered; calls on the Court to include in its annual activity report the number of cases where it exceeded the reasonable period of time, whether the litigant asked Welcomes the overall decrease of the duration of proceedings in 2016, noted by the Court of Auditors in its Special Report No 14/20171a by an average of 0,9 months at the Court of Justice and 1,9 months at the General Court compared to 2015; welcomes the organisational and procedural actions taken by the CJEU to enhance its efficiency and encourages the Court to pursue its effort to ensure the continuation of a downward trend so that all cases are concluded within a reasonable period of time; _________________ 1aCourt of Auditors Special Report No 14/2017 "Perfor man indemnity andce Review of case management at the amCounrt of any corresponding payment;Justice of the European Union".
Amendment 30 #
2017/2139(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Criticises the Court for refusing access for the Court of Auditors to all the documents relevant in audit of the performance review of the CJEU and for only allowing the auditors to consult publicly available documents; reminds the CJEU that the Court of Auditors’ Members and its auditors are bound by confidentiality and professional secrecy in the performance of their duties6 ; regrets that référendaires could not be interviewed despite their crucial role in the CJEU’s work; _________________ 6Please see the Code of Conduct for Members of the European Court of Auditors in article 6 and the Ethical guidelines for the European Court of Auditors applying to the staff in paragraph 4 concerning professional secrecyNotes that the Court of Auditors did not have access to certain documents; underlines that some documents should remain restricted to the Judges, Advocates-General and selected CJEU staff due to the Treaty obligation to maintain the secrecy of the deliberative process6a; calls on the CJEU to provide access for the Court of Auditors to all documents it needs for its audits to the extent as this does not infringe the obligation to maintain secrecy of the deliberative process; _________________ 6aArticle 35 of Protocol No 3 on the Statute of the Court of the European Union.
Amendment 35 #
2017/2139(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the référendaires are very influential within the CJEU but that their role and the rules governules of conduct for référendaires were adopted by the CJEU in 2009 and have been provided to the Committee of Budgetary Control ing their conduct remain unknown to the outside world CJEU’s reply to the questionnaire concerning the 2016 discharge;
Amendment 122 #
2017/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the urgent need to increase the capacities of developing countries and cooperation between the EU and Africa in the field of security and in combating organised crime and, trafficking in human beings and smuggling of migrants, with particular regards to children, who are vulnerable to sexual exploitation and abuse;
Amendment 156 #
2017/2083(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises the importance of maximizing budgetary resources and mobilizing new sources of development financing to help African countries meet Sustainable Development Goals and the objectives of Agenda 2063;underlines the need to ensure efficient and transparent management of government budgets and strengthen public financial management systems, particularly to adequately invest in social sectors, especially for children and youth;
Amendment 200 #
2017/2083(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses also the importance of high-quality education at all levels, and the need for young people to be connected to global realities and to have skills which meet the needs of the market, by promoting and supporting vocational trainingacquire the necessary skills to match the current and future labour market needs, by strengthening Africa's educational and vocational learning system, including through curricula reforms and access to technology;
Amendment 217 #
2017/2083(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers it important to support African countries in establishing effective health systems; in particular underlines the need to train an additional one million more skilled health professionals than it is set to on current trends to meet the minimum WHO standard by 2030;
Amendment 223 #
2017/2083(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Underlines the importance to protect children and women from violence and exploitation, especially as regards child marriage and harmful practices, such as female genital mutilation, and to enhance access to reproductive health services for women and girls;
Amendment 1 #
2017/0803(CNS)
Draft legislative resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to its legislative resolution of 14 February 2017 on the draft Council implementing decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements1 and specifically the request in paragraph 4 thereof calling for the future arrangement between Europol and Denmark to have an expiry date of five years, in order to ensure its transitional nature with a view to a more permanent arrangement, ____________ 1Texts adopted of that date, P8_TA- PROV(2017)0023.
Amendment 3 #
2017/0803(CNS)
Draft legislative resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on all parties involved to exhaust all possibilities under primary and secondary law in order to once again offer Denmark full membership of Europol;
Amendment 41 #
2017/0328(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) However, that decision must take into account the need to find a suitable headquarters by March 2019, and no suitable premises are yet available. Furthermore, the building chosen must be immediately fit for purpose to avoid inconvenience, additional costs and repercussions regarding citizens' right to health;
Amendment 44 #
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 seat of the Agency shall have its seat in Amsterdam, the Netherlands. be located in a city of a European Union Member State on the basis of absolute assurance that: - it meets, without any exception or limitation, as from January 2019, all requirements, conditions and criteria necessary to ensure that the Agency can function effectively; - it ensures the full and immediate operational continuity of the Agency’s activities, which are highly important to society and of great scientific value. The Agency's remit shall relate to what is recognised as a fundamental right of European citizens to health protection. Its headquarters shall be selected under the ordinary legislative procedure pursuant to Articles 114 and 168(4)(b) TFEU.
Amendment 46 #
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 58 #
2017/0145(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Agency should be responsible for carrying out pilot projects, in accordance with Article 54(2)(a) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council60 . The Agency may in addition be entrusted by the Commission, following the approval of the budgetary authority, with budget implementation tasks for proofs of concept funded under the instrument for financial support for external borders and visa provided for in Regulation (EU) No 515/2014 of the European Parliament and of the Council61 in accordance with Article 58(1)(c) of Regulation (EU, Euratom) No 966/2012. The Agency may also plan and implement testing activities on matters strictly covered by this Regulation and the legislative instruments governing the development, establishment, operation and use of the large-scale IT systems managed by the Agency. When tasked with carrying out a pilot project, the Agency should pay particular attention to the European Union Information Management Strategy. _________________ 60 Regulation (EU, Euratom ) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1). 61 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 64 #
2017/0145(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 67 #
2017/0145(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Member States and the Commission should be represented on a Management Board, in order to control the functions of the Agency effectively. The Management Board should be entrusted with the necessary functions, in particular to adopt the annual work programme, carry out its functions relating to the Agency’s budget, adopt the financial rules applicable to the Agency, appoint an Executive Director and establish procedures for taking decisions relating to the operational tasks of the Agency by the Executive Director. Following the appropriate selection procedure organised by the Commission, and following a hearing of the proposed candidates in the competent Committee(s) of the European Parliament, the Management Board should also appoint the Executive Director. The Agency should be governed and operated taking into account the principles of the Common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the Commission.
Amendment 76 #
2017/0145(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should appoint a Member to the Advisory Group concerning a large-scale IT system, if they are bound under Union law by any legislative instrument governing the development, establishment, operation and use of that particular system. Denmark should, in addition, appoint a Member to the Advisory Group concerning a large-scale IT system, if it decides under Article 4 of the Protocol No 22 on the position of Denmark to implement the legislative instrument governing the development, establishment, operation and use of that particular system in its national law.
Amendment 87 #
2017/0145(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the development of large-scale scale IT systems using an adequate project management structure for efficiently developing large-scale IT systems;
Amendment 90 #
2017/0145(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) a high level of data protection, in accordance with the applicable rules, including specific provisions for each large-scale IT systemUnion data protection rules;
Amendment 92 #
2017/0145(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) an appropriate level of data and physical security, in accordance with the applicable rules, including specific provisions for each large-scale IT systemsecurity, including the implementation of a proper Information Security Risk Management Process (ISRM).
Amendment 94 #
2017/0145(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Appropriate measures including security plans relation to security, including an Information Security Risk Management Process (ISRM), shall be adopted by the Agency inter alia, to prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or transport of data media, in particular by means of appropriate encryption techniques. All system-related operational information circulating in the communication infrastructure shall be encrypted.
Amendment 101 #
2017/0145(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Agency, together with the Commission, shall work towards establishing for all systems under the Agency's operational responsibility, automated data quality control mechanisms and common data quality indicators and towards developing a central repository containing only anonymised data for reporting and statistics, subject to specific legislative amendments to the existing systems' instruments and/or to specific provisions in new instruments.
Amendment 105 #
2017/0145(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 112 #
2017/0145(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. At the request of the Commission or the Council, with the approval of the European Parliament, and after a decision of the Management Board the Agency may be entrusted with budget implementation tasks for proofs of concept funded under the instrument for financial support for external borders and visa provided for in Regulation (EU) No 515/2014 in accordance with Article 58(1)(c) of Regulation (EU, Euratom) No 966/2012, by way of a delegation agreement.
Amendment 114 #
2017/0145(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Agency may plan and implement testing activities on matters covered by this Regulation and the legislative instruments governing the development, establishment, operation and use of all large-scale IT systems managed by the Agency after a decision of the Management Board.
Amendment 119 #
2017/0145(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 129 #
2017/0145(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point i a (new)
Article 15 – paragraph 1 – point i a (new)
(ia) adopt detailed internal procedures to protect whistle blowers, including appropriate channels of communication for reporting misconduct,
Amendment 132 #
2017/0145(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point y
Article 15 – paragraph 1 – point y
(y) adopt the necessary security measures, including a security planproper Information Security Risk Management Process (ISRM) and a business continuity and disaster recovery plan, taking into account the possible recommendations of the security experts present in the Advisory Groups;
Amendment 134 #
2017/0145(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point y a (new)
Article 15 – paragraph 1 – point y a (new)
(ya) adopt internal rules for monitoring any use of and access to large-scale IT systems by the staff of the Agency.
Amendment 137 #
2017/0145(COD)
3. The term of office of the members and their alternates shall be four years, extendablrenewable once. Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 142 #
2017/0145(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Executive Director shall manage the Agency and shall be completely independent in the performance of his or her duties. The Executive Director shall assist and be accountable to the Management Board. The Executive Director shall report to the European Parliament on the performance of his or her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties.
Amendment 146 #
2017/0145(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point r
Article 21 – paragraph 3 – point r
(r) preparing the necessary security measuresplan, including a security plan,proper Information Security Risk Management Process (ISRM) and a business continuity and disaster recovery plan, and submitting them to the Management Board for adoption;
Amendment 147 #
2017/0145(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 148 #
2017/0145(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Before appointment, the candidate selected by the Management Boards proposed by the Commission shall be invited to make a statement before the competent committee(s) of the European Parliament and answer questions from the committee members. After the statement, the European Parliament shall adopt an opinion setting out its view of the selected candidate and send it to the Management Board. The Management Board shall inform the European Parliament of the manner in which that opinion has been taken into account. The opinion shall be treated as personal and confidential until the appointment of theand may indicate a preferred candidate.
Amendment 150 #
2017/0145(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The Management Board shall appoint the Executive Directive taking these views into account. The Management Board shall take its decision by a two-thirds majority of all its members with a right to vote.
Amendment 151 #
2017/0145(COD)
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. If the Management Board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account.
Amendment 156 #
2017/0145(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 161 #
2017/0145(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
The list of members of the Management Board and of Members of the Advisory Groups shall be published on the Agency’s Internet site.
Amendment 168 #
2017/0145(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. No later than fiveour years from the entry into force of this Regulation, and every fiveour years thereafter, the Commission shall assess the Agency's performance in relation to its objectives, mandate, tasks and locations in accordance with the Commission's guidelines. The evaluation shall also assess the contribution of the Agency to the establishment of a coordinated, cost-effective and coherent IT environment at Union level for the management of large scale IT systems supporting the implementation of Justice and Home Affairs (JHA) policies. The evaluation shall in particular assess the possible need to modify the mandate of the Agency and the financial implications of any such modification.
Amendment 304 #
2017/0003(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Regulation 2016/679 explicitly recognises the need to provide additional protection to children. This Regulation shall provide additional protection and safeguards when end-users are children, given that they may be less aware of the risks and consequences associated with the processing of their personal data. This Regulation should also grant special attention to the protection of children’s privacy. When children are required to express their consent, the information provided to express the consent should be given in a clear and age-appropriate language. Profiling and behaviourally targeted advertising techniques for children should be prohibited.
Amendment 494 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Electronic communications data that is generated in the context of an electronic communications service envisioned particularly for children or directly targeted at children shall not be used for profiling or behaviourally targeted advertising purposes.
Amendment 556 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) Terminal equipment that is intended particularly for children’s use shall implement specific measures to prevent access to the equipment’s storage and processing capabilities for the purpose of profiling of its users or tracking their behaviour with commercial intent.
Amendment 1 #
2016/2328(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the UN Convention on the Right of the Child;
Amendment 3 #
2016/2328(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- Having regard to the European Parliament Resolution on the EU accession to the Istanbul Convention to prevent and combat violence against women and domestic violence of 12 September 2017;
Amendment 5 #
2016/2328(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 7 #
2016/2328(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- Having regard to Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children online and offline and to the European Parliament Resolution on the implementation of the Directive of 14 December 2017;
Amendment 8 #
2016/2328(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled 'Severe labour exploitation: workers moving within or into the European Union ', published in June 2015,
Amendment 11 #
2016/2328(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the survey by the European Union Agency for Fundamental Rights (FRA) entitled 'Second European Union minorities and discrimination survey', published in December 2017,
Amendment 12 #
2016/2328(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- Having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled ‘Child-friendly justice -Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017,
Amendment 13 #
2016/2328(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- Having regard to the FRA Fundamental Rights Report 2017, published June 2017
Amendment 36 #
2016/2328(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBT persons, antisemitic offences, child sexual abuse and gender- based violence;
Amendment 42 #
2016/2328(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the FRA study "Making hate crime visible in the European Union: acknowledging victims’ rights" states that an immigrant status enhances the risk of being criminally victimised, independent of other known risk factors;
Amendment 44 #
2016/2328(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas Article 1 of the Directive states that the rights set out in the Directive shall apply to victims in a non- discriminatory manner, including with respect to their residence status;
Amendment 46 #
2016/2328(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas the FRA study on "Severe labour exploitation: workers moving within or into the European Union" states that victims of severe labour exploitation who are in an irregular situation of residence are discouraged by their status from reporting to any public authority;
Amendment 48 #
2016/2328(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas the FRA survey "Second European Union minorities and discrimination survey" states that only one out of eight respondents reported or filed a complaint about the most recent incident of discrimination they experienced because of their ethnic or immigrant background;
Amendment 57 #
2016/2328(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the ratification and full implementation of the Istanbul Convention provides a coherent European legal framework to prevent and combat violence against women and to protect the victims;
Amendment 62 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases of child victims, LGBT victims and victims of hate crimes and honour- related crimes;
Amendment 67 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 5 a (new)
Recital I – indent 5 a (new)
- Whereas witness testimony is crucial to the proper functioning of the criminal justice system in any state upholding the rule of law;
Amendment 70 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 5 b (new)
Recital I – indent 5 b (new)
- Whereas witnesses are essential for the effective investigation on and prosecution of organised crime and terrorist groups, which often finance their activities through transnational human trafficking, minors sexual exploitation and trade in child sexual abuse material;
Amendment 72 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 5 c (new)
Recital I – indent 5 c (new)
- Whereas witness contribution is fundamental to dismantle transnational criminal organisations as well as terrorist groups;
Amendment 76 #
2016/2328(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas only 27% of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;
Amendment 85 #
2016/2328(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
- the fact that clear information is often not provided in more than one language, making it de facto difficult for victims to seek protection abroad in another Member State;
Amendment 96 #
2016/2328(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encouragescalls on the Member States to promote access to justice, as this contributes greatly to breaking the silence and increasing the victim’s sense of justice, decreases the possibility of impunity and allows the victim to begin the process of psychological recovery;
Amendment 114 #
2016/2328(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that one of the most important objectives of the Victims’ Rights Directive wais to improve the position of victims of crime across the EU and to place the victim at the centre of the criminal justice system;
Amendment 119 #
2016/2328(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Member States to step up criminal procedure law measures guaranteeing the protection of child victims throughout the entirety of criminal proceedings and thereafter to ensure that they receive assistance and support, thereby avoiding that child victims are exposed to secondary victimisation;
Amendment 129 #
2016/2328(INI)
Motion for a resolution
Paragraph 11 – subparagraph 1 (new)
Paragraph 11 – subparagraph 1 (new)
Recalls that some victims have specific needs based on the type or on the circumstances of crime they are victim of. Individual assessment is particularly needed for victims of trafficking in human beings and child victims of sexual abuse, given the social, physical and psychological repercussions of these crimes;
Amendment 131 #
2016/2328(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minorschildren and of child victims of human trafficking, child sexual abuse and exploitation; recalls that child victims shall be always considered to have specific protection needs due to their vulnerability as foreseen in art.22 par 4 of the Directive;
Amendment 136 #
2016/2328(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or she has certain rights, and the right to make decisions, in the proceedings they are involved in and, if a child, the right to have access to the specific procedural safeguards that would apply to them from the very beginning of the legal proceedings;
Amendment 143 #
2016/2328(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; recalls that particular attention should be given to training professionals dealing with victims of child-related crimes, especially in cases of sexual abuse and sexual exploitation; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 149 #
2016/2328(INI)
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Recalls that children victims of crime are particularly vulnerable and should therefore be assisted by professionals specially trained to deal with them, taking into account the needs associated with different age groups, and to communicate in a child friendly manner;
Amendment 162 #
2016/2328(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reminds the Member States of the requirement to provide translation and interpretation services free of charge, noting that lack of information in other languages may constitutes an obstacle for the effective protection of the victim and a form of discrimination against the victim;
Amendment 166 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law, including the specific needs of child victims;
Amendment 168 #
2016/2328(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Encourages Member States to set up awareness campaigns both at regional and national level to foster a cultural change in public opinion to avoid any victim-blaming attitude or behaviour engaged in some communities, which may result in additional trauma for victims of specific crimes such as gender based violence or sexual abuse;
Amendment 171 #
2016/2328(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to exchange best practices on establishing mechanisms to encourage and facilitate for victims to report the crimes they have suffered; Calls on the Member States to step up specific measures to protect more effectively child victims of child sexual abuse by also improving the role of national helplines, given that self- reporting of children is limited;
Amendment 177 #
2016/2328(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to counteract the judicial and practical flaws in the implementation of this directive by a proper interplay of the various EU victim- protection instruments, such as Directive 2011/99/EU of 31 December 2011 on the European Protection Order, Directive 2011/36/ EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime; calls on the Member States to implement these important instruments, including the Istanbul Convention on preventing and combating violence against women and girls, with coherence in order to ensure that victims in Europe fully enjoy their rights;
Amendment 178 #
2016/2328(INI)
Motion for a resolution
Paragraph 23 – subparagraph 1 (new)
Paragraph 23 – subparagraph 1 (new)
Recalls that an efficient set of guarantees in terms of witness protection is key to enhance the trust in criminal justice systems and consequently to fight against transnational organised crime;
Amendment 179 #
2016/2328(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Encourages Member States to take appropriate measures to effectively protect witnesses from potential retaliations or intimidations as well as to step up the exchange of best practices and international cooperation in this area;
Amendment 183 #
2016/2328(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards taking in consideration vulnerable groups such as children and people with disabilities, so that victims can be kept informed in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 188 #
2016/2328(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the seven Member States that have not yet done so to consider stalking a criminal offense on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender and as called for under art.34 of the Istanbul Convention to prevent and combat violence against women and girls;
Amendment 194 #
2016/2328(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores the fact that in some countries, governments rely heavily on NGOs to provide key support services to victims (‘volunteerism’)underlines the important role of civil society in victims support; considers nevertheless that governments shall not rely only on NGOs to provide key support services to victims (‘volunteerism’) and shall build capacity to develop victims support mechanisms, involving law enforcement authorities, health and social services and civil society;
Amendment 202 #
2016/2328(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on all Member States to tacklecombat impunity at all times asnd ensure that perpetrators are brought to justice, so that victims can feel protected; not doing so could have a severe impact the psychological recovery process of the victim;
Amendment 228 #
2016/2328(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Encourages Members States to provide adequate information material as well as free legal aid to victims of terrorism who are parties to criminal proceedings to obtain a decision on compensation;
Amendment 237 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on all Member States and the EU to ratify and fully enforce the Council of Europe Istanbul Convention to prevent and combat violence against women and girls and protect victims;
Amendment 238 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on the Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;
Amendment 239 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Calls on Member States to set up mechanisms for recovering adequate compensation payments from the offender;
Amendment 244 #
2016/2328(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on the Commission to submit a legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence;
Amendment 126 #
2016/2313(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its concern about the continued fragmentation into four different legal systems; stresses the need to strengthen judicial independence, including from political pressure, and to fight corruption in the judiciary; urges the rapid adoption of the action plan for the implementation of the 2014-2018 justice sector reform; calls for full implementation of the laws on protection of children and effective access to justice for children; welcomes the adoption of the law on free legal aid at state level and the introduction by the High Judicial and Prosecutorial Council of guidelines on prevention of conflict of interest, the drafting of integrity plans and disciplinary measures; notes the important role of the Structured Dialogue on Justice in addressing the shortcomings in the BiH judiciary;
Amendment 160 #
2016/2313(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for efforts to further develop the regulatory framework on migration and asylum, enhance coordination among key institutions, build the capacity of professionals to provide on-spot support services to migrants and refugees, including child-friendly services;
Amendment 174 #
2016/2313(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for boosting efforts to combat radicalisation and further measures to identify, prevent and disrupt the flow of foreign fighters, including by close cooperation with relevant services of the Member States and countries in the region; calls for the introduction of programmes on de-radicalisation and preventing youth radicalisationto build social cohesion amongst children and youth, and provide constructive opportunities for youth engagement in their communities;
Amendment 196 #
2016/2313(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deems it essential to enhance public participation in decision-making and to better engage citizens – including youth - in the EU accession process; notes that civil society is fragmented, institutionally and financially weak; calls for better cooperation mechanisms between government and civil society organisations, including the developing of a strategic framework for cooperation;
Amendment 202 #
2016/2313(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the need for a substantial improvement in the strategic, legal, institutional and policy frameworks on the observance of human rights; calls for the adoption of a countrywide strategy on human rights and non-discrimination; is concerned about continued discrimination against personchildren and adults with disabilities in the fields of employment, education and access to health care; calls for developing a comprehensive and integrated approach to the social inclusion of Roma; calls for better targeting of social assistance in order to reach the most vulnerable population; welcomes the fact that some governments and parliaments have begun discussing LGBTI rights and drawing up specific measures for their protection; welcomes changes to the BiH anti-discrimination law extending the listed grounds for discrimination to age, disability, sexual orientation and gender identity;
Amendment 213 #
2016/2313(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls for efforts to further strengthen the child protection systems in order to prevent and address violence, abuse, neglect and exploitation against children; recommends increased allocation of resources for prevention and further enhancing community- government coordination in protecting children; calls for the implementation of the BiH Action Plan on Children 2015- 18; calls on BiH authorities at federal level and in the the Republika Srpska to facilitate the work of the Human Rights Ombudsman and to ensure better cooperation amongst all child rights monitoring bodies across the country;
Amendment 219 #
2016/2313(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for efforts to promote gender equality and increase the participation of women in political life and employment, to improve their socio- economic situation and to strengthen women’s rights on the wholeand girls' rights; underlines the importance of enhancing completion rate of primary and secondary schools by girls, particularly Roma girls; calls on the BiH authorities to combat early and forced marriages for girls below the age of 18;
Amendment 250 #
2016/2313(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Remains concerned by the continued fragmentation, segregation, inefficiency and complexity of the education system; calls for countrywide common core curricula and better coordination between the different levels of education governance; continues to be concerned about the persistently high school-drop-out rates of Roma pupils; regrets that only 13% of children and 2% of Roma children have access to pre- school education, and only 40% of Roma children complete primary education; regrets the slow progress in addressing and resolving the issue of ‘two schools under one roof’, mono-ethnic schools, and other forms of segregation and discrimination in schools;
Amendment 67 #
2016/2312(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the new justice reform strategy 2017-2020 and its action plan, as well as the increased budgetary means for implementation; calls for any shortcomings in the functioning of the judicial system to be further addressed, including lack of independence from other branches of power, selective justice, limited accountability, ineffective oversight mechanisms, corruption, the overall length of judicial proceedings and enforcementsinequitable access to justice for children, women in vulnerable situations and ethnic minorities, the overall length of judicial proceedings and enforcements; reiterates that a reform of the criminal justice system should aim at holding offenders accountable and promoting, particularly for juveniles, their rehabilitation and reintegration, while ensuring the protection of rights of victims and witnesses of crime;
Amendment 145 #
2016/2312(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the competent authorities to continue improving the climate of inclusion and tolerance for all minorities in the country, including by enhancing the role of the State Committee on Minorities; as regards Roma and Egyptians, calls for continued efforts in improving their access to employment, education, health, social housing and legal aid; is concerned that, despite improvements, the inclusion of Roma children in the education system remains the lowest in the region and that school segregation remains a reality;
Amendment 150 #
2016/2312(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for additional efforts to improve gender equality, protection of children, other vulnerable groups, and to improve institutional mechanisms for child protection; reiterates its call for the full implementation of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 198 #
2016/2312(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance of strengthening social dialogue, the capacities of social partners, and enforcement mechanisms for social rights; urges the government to modernise the education system with a view to building a more inclusive society, reducing inequalities and discrimination and better equipping young people with skills and knowledge in line with labour market needs; emphasises the importance of IPA (Instrument for Pre-accession Assistance) support dedicated to education, employment and social policies;
Amendment 207 #
2016/2312(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the number of unfounded asylum applications lodged by Albanians in EU Member States has increased again; urges the government to intensify awareness-raising and prevention efforts in this regard; and to address push factors linked to structural shortcomings in social protection policies, education and health policies;
Amendment 1 #
2016/2224(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission stated in its communication of 5 July 2016 that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, transnational tax evasion and unfair trading practices, which deprives European tax authorities of legitimate tax revenue and contributes to distort fair competition within the European single market;
Amendment 4 #
2016/2224(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas large scale transnational fraud is increasing, mainly benefitting from legislative gaps existing between Member States’ legislation;
Amendment 5 #
2016/2224(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas whistle-blowing represents a fundamental source of information in the fight against organised crime, in the investigation of cases of corruption within the public sector as well as in the detection of tax avoidance schemes set up by private companies;
Amendment 6 #
2016/2224(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the protection of whistle- blowers is essential in order to safeguard the public good and the financial interests of the European Union and to promote a culture of public accountability and integrity in both public and private institutions;
Amendment 8 #
2016/2224(INI)
Draft opinion
Recital Β
Recital Β
B. whereas the safeguarding of the confidentiality of the whistle-blowers’ information contributes to the creation of more effective channels for reporting fraud, corruption, wrongdoing, misconduct or other serious infringements, and whereas, given the sensitivity of the information, mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union;
Amendment 13 #
2016/2224(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas protection of whistle- blowers cannot be achieved only via legal measures but also fostering a cultural change in European societies. Encourages Member States and European Commission to build a narrative, which underlines the fundamental role that whistle-blowers play in our societies;
Amendment 26 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes as well as in prosecuting violation that may affect public health safety, the environment, human rights or the rule of law at European level; points out that protection of whistle-blowers and their families should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven, which often impacts negatively on EU policies;
Amendment 28 #
2016/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the need for a common and broad definition of whistle-blowing and whistle-blowers in order to ensure suitable legal protection for whistle- blowers and the smooth functioning of the EU body mentioned in paragraph 4;
Amendment 32 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. SEmphasises the need for a legal protection of whistle-blowers in the European Union and at international level that should be of benefit for the individual whistle-blowers as well as in the public interest; recalls that legislation in most Member States is not extensive; stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing for protection ofor whistle-blowers in the public and private sectors and, complemented by sectorial rules wouldill be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers;, reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining the whistle- blowing and settproviding outfor common rules for the protection of whistle-blowers1 ; _________________ 1[1]. Reaffirms that the rule of law is crucial for a culture of freedom of expression. [1] European Parliament resolution of 25 October 2016 on the fight against corruption and follow-up of the CRIM resolution, Text adopted P8_TA(2016)0403. Text adopted P8_TA(2016)0403.
Amendment 45 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; encourages both the European Commission and Member States to adopt measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats; calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;
Amendment 46 #
2016/2224(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that no employment relationship should restrict someone’s right of freedom of expression and no one should be discriminated against in cases of exercising that right.
Amendment 53 #
2016/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of legal, safe, accessible and secure disclosure channels (i.e. hotlines, websites, contact points) at national level to facilitate reporting to the competent authorities of information on threats to the public interest; such channels should investigate claims professionally and also provide whistle- blowers with detailed information about their rights and responsibility and support them against any retaliatory measures;
Amendment 62 #
2016/2224(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 7 #
2016/2223(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the Charter of Milan adopted during the Expo Milano 2015,
Amendment 8 #
2016/2223(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the FAO estimates that each year, approximately 1.3 billion tonnes of food, equal to approximately one-third, by weight, of all food produced for human consumption in the world is lost or wasted7; _________________ 7FAO, 2011. Global Food Losses and Food Waste.;
Amendment 22 #
2016/2223(INI)
Motion for a resolution
Recital C
Recital C
C. whereasin view of the undertakings signed by the EU in the 2030 Agenda for Sustainable Development, adopted at the United Nations General Assembly on 25 September 2015, and in particular since the Sustainable Development Goal (SDG) 12.3 is aimed at halvingreducing by 50 % per capita global food waste at the retail and consumer levels by 20350 and reducing food losses along production and supply chains, including post-harvest losses;
Amendment 56 #
2016/2223(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is no common consistent definition of ‘food waste’ or ‘food surpluses’, nor a common methodology for measuring either food waste or food surpluses at Union level yet, which makes it difficult to compare different datasets and to measure progress in reducing food waste; whereas in the FUSIONS project, food waste was defined as ‘any food, and inedible parts of food, removed from the food supply chain to be recovered or disposed (including composted, crops ploughed in/not harvested, anaerobic digestion, bio-energy production, co- generation, incineration, disposal to sewer, landfill or discarded to sea)’11; _________________ 11 FUSIONS Definitional Framework for Food Waste, 3 July 2014.
Amendment 68 #
2016/2223(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the waste management hierarchy established by the Waste Framework Directive 12 (prevention, preparing for re-use, recycling, recovery and disposal) cannot be applied in full todoes not take account of the specific features of food waste; whereas currently there is no specific hierarchy for the management of unconsumed foodprevention and management of food waste at EU level; _________________ 12 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 82 #
2016/2223(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the donation of unsold food along the entire supply chaina very low level of food surpluses is a psychological factor in the entire agri-food sector, and donating these surpluses leads to considerable reductions in food waste, while helping people in need;
Amendment 148 #
2016/2223(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to swiftly adopt a common methodology toadopt, by 31 December 2017, a common methodology, including minimum quality and quantity requirements, for the uniform measurement of food waste in the Member States and to promote the exchange of best practices within the EU, both between different Member States and between different agri-food operators;
Amendment 179 #
2016/2223(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need to include an obligation for the Member States to annually notify the European Commission of the total level of food waste generated in a specific year;
Amendment 193 #
2016/2223(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the recent creation of the EU Platform on Food Lwhich is intended to identify priority measures to be adopted at EU level to prevent food losses and Ffood Wwaste; to that end, stresses that greater involvement of the European Parliament in the platform’s work would be desirable;
Amendment 230 #
2016/2223(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to promote consumer understanding of how to prevent the generation of food waste, food safety, and good practices in relation to their management and consumption of food;
Amendment 247 #
2016/2223(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 264 #
2016/2223(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the draft EU guidelines on food donation as a first step in the right direction; however, with a view to the various barriers to food donation contained in EU legislation, believes that the donation of unsold food along the entire food supply chain needs to be promoted further by enacting legislative changes; calls on the Commission to consider the possibility of assessing legislative measures designed to promote the donation of food products which have labelling issues, but not in cases where these issues relate to the information on the expiry date or substances or products that trigger allergies or intolerances;
Amendment 329 #
2016/2223(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses the fact that developments in the digital sector offer many opportunities for preventing the generation of food waste, in particular the creation of online ‘food rescue’ platforms, which make it possible for the catering sector to offer unsold dishes at reduced prices; highlights the fact that experiments such as these have produced significant results in the Member States in which they have been developed;
Amendment 333 #
2016/2223(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Notes that preventing the generation of food waste is the priority measure to be pursued, when correctly managing waste in line with the principles of the circular economy; stresses, however, that at the moment it is impossible to bring generation of food waste down to zero; considers that it is necessary, therefore, to lay down mandatory EU measures to ensure that food waste can be turned into new resources; considers, specifically, that, with a view to ensuring a high level of environmental protection and an output, including digestate and compost, with high quality standards, the Member States should encourage home composting and should separate out bio-waste at source, and ensure that this waste is subject to bio-recycling; considers that the Member States should also prohibit the placing of bio-waste in landfills;
Amendment 336 #
2016/2223(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Stresses that food waste reduction objectives must be consistent with the measures and objectives in Directive 94/62/EC and, in particular, the need for the Member States to take measures to achieve a significant reduction in the consumption of non-recyclable packaging and in overpackaging;
Amendment 4 #
2016/2219(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the UN Convention on the Rights of the Child and to the Parliament's resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child1a, __________________ 1a Texts adopted, P8_TA(2014)0070.
Amendment 52 #
2016/2219(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 137 #
2016/2219(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas millions of children around the world continue to suffer from all forms of violence, including the consequences and burden of war and its atrocitiesaccording to UNICEF's estimates 250 million children are living in countries affected by conflict, nearly 50 million children have either been forcibly displaced by violence and conflict or have migrated across borders and many continue to suffer from all forms of violence, exploitation, abuse, discrimination and poverty;
Amendment 146 #
2016/2219(INI)
Motion for a resolution
Recital Q d (new)
Recital Q d (new)
Qd. whereas, according to UNICEF, 1 in 200 children in the world is a child refugee, nearly one third of the children living outside their country of birth is a refugee and the number of child refugees doubled between 2005 and 2015;
Amendment 262 #
2016/2219(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EUSR to consult systematically with civil society, including local civil society organisations, and youth and children, and relevant international organisations ahead of his visits to third countries;
Amendment 283 #
2016/2219(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its support for dedicated Human Rights Dialogues as a tool of the EU’s human rights policy; acknowledges that they can be an efficient tool for bilateral engagement and cooperation, provided they allow counterparts to engage on issues of substance and send meaningful political messages, rather than merely exchanging information on best practices and challenges; invites the EU to systematically include discussions on the situation of the rights of women and children's rights in all Human Rights Dialogues;
Amendment 295 #
2016/2219(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the EU Guidelines on human rights as a valuable EU human rights foreign policy tool providing practical guidance for EU delegations and for the Member States’ diplomatic representations; reiterates its call for the adoption of new EU Guidelines for the Promotion and Protection of the Rights of the Child without further delay;
Amendment 305 #
2016/2219(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Foreign Affairs Council and the VP/HR to request that the EU Heads of Mission and appropriate EU representatives (heads of EU Civilian Operations, Commanders of EU Military Operations and EU Special Representatives) report on cases of serious violation of international humanitarian law, and to promote the Code of Conduct regarding Security Council action against genocide, crimes against humanity or war crimes, committing UN Member States to support action by the Security Council aimed at preventing or ending such crimes; calls for the integration of child safeguarding policies in the operations of all EU civilian and military operations in contact with children;
Amendment 398 #
2016/2219(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Recalls that criminal networks are taking advantage of the lack of safe migration channels, and of the vulnerability of women, girls and children, in order to subject them to trafficking and sexual exploitation; calls on the Member States to step up judicial and police cooperation and information sharing to combat traffickers and to prevent children from going missing;
Amendment 400 #
2016/2219(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Is deeply concerned about the growing numbers of child refugees; highlights the importance of allocating adequate resources to the protection of refugee and migrant children from violence, exploitation and abuse; stresses the importance of providing children with access to health care and education as part of EU programmes to address the root causes of migration;
Amendment 401 #
2016/2219(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Is extremely concerned about the situation of unaccompanied, missing or separated children; calls on Member States to end the detention of children as part of migration management practices, as well as to take into account the best interest of the child in all procedures and ensure protection for children;
Amendment 465 #
2016/2219(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Supports the swift, effective and comprehensive implementation of the UN Guiding Principles on Business and Human Rights and Children's Rights and Business Principles; urges all UN member states, including the EU Member States, to develop and implement national action plans; considers that trade and human rights can go hand in hand and that the business community has an important role to play in promoting human rights and democracy;
Amendment 536 #
2016/2219(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Reaffirms its condemnation of all forms of abuse and violence against women and girls, especiallyincluding female genital mutilation (FGM) and child marriage, as well as the use of sexual violence as a weapon of war and domestic violence, and; calls on the EU and its Member States swiftly to ratify the Istanbul Convention in order to ensure coherence between EU internal and external action on violence against women and girls;
Amendment 550 #
2016/2219(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Reaffirms the urgent need for universal ratification and effective implementation of the UN Convention on the Rights of Child and its Optional Protocols, and requests that the EU systematically consult with relevant local and international child rights organizations and raises, in its political and human rights dialogues with third countries, the issue of State parties’ obligations to implement the Convention; welcomes the ratification of the Convention by South Sudan and Somalia; reiterates its call to the Commission and the VP/HR to explore ways and means for the EU to accede to the UN Convention on the Rights of the Child;
Amendment 554 #
2016/2219(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Reiterates its request that the Commission propose a comprehensive Child Rights Strategy and Action Plan for the next five years, in order to prioritise children’s rights within EU exboth EU external and internal policies and to promote children’s rights, in particular by contributing to ensuring children’s access to water, sanitation, healthcare and education, including in conflict zones and refugee camps, and eliminating child labour, torture, trafficking, early and forced marriage, female genital mutilation and sexual exploitation;
Amendment 557 #
2016/2219(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Requests that the EU continue to publicisromote the EU-UNICEF Child Rights toolkit ‘Integrating Child Rights in development Cooperation’ through its external delegations and to train EU delegation staff adequately in this field;
Amendment 704 #
2016/2219(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Expresses the need for international assistance in efforts to search for and liberate women and children who still remain in the captivity of ISIS and other violent groups, and in promoting special programmes for treatment within the European Union of former captives; expresses concern over the recruitment of children by terrorist groups and their participation in terrorist and military activities; stresses the need to establish policies to guide the search for, and the liberation, rehabilitation and reintegration of these children;
Amendment 13 #
2016/2206(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the commitment of all JHA Agencies to continue to further fine- tune budgetary procedures but stresses, however, that their priority should be to improve operational efficiency on the ground and to address the rather structural issues identified by the Court of Auditors and the IAS; requests that FRONTEX streamline its financial management procedures by obtaining rights of using “simplified cost options” for the reimbursement of Member States’ expenditure and by using “other funding mechanisms” in addition to grants; requests that EU-LISA better address the risks involved with the implementation of high cost infrastructure projects by fully adopting the financial regulation of the Union; requests that EUROJUST avoid sub-optimal budget management due to uncertainties as to the availability of funds in order to implement its on-going projects and to procure its essential services;
Amendment 18 #
2016/2206(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Acknowledges the high number of agencies which have been set up in the area of freedom, security and justice but reiterates the importance of the missions which they carry out and their direct impact on citizens' lives; stresses that all agencies have been set up in response to a specific needs; is convinced that all the agencies in this policy area fulfil a distinct and necessary role providing European added value;
Amendment 5 #
2016/2193(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the agency outsourced procurement of services to a third party without ensuring that it acted in compliance with the financial regulation of the Union; regrets that a call for expression of interest for participation in a negotiated procedure took place without a delegation by the authorising officer; regrets that the agency engaged in contractual agreements or negotiations with a single contractor without precisely defining the services requested; acknowledges that the agency acted only in compliance with its own financial regulation; requests however that given the very high financial amounts involved with the development and maintenance of JHA systems and the associated risks, the agency fully complies with the financial regulation of the Union;
Amendment 6 #
2016/2192(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the fact that the EASO committed only 93,7 % of its approved budget and that 36,9 % of committed appropriations were carried over for administrative expenditure; acknowledges the fact that these sub- optimal figures do not reflect structural issues within the EASO but are indirectly related to rapid; takes note of the staff and budget increases in 2015 due to its key role in assisting Member States, in particular through emergency support, in the context of the current migration flow; welcomes the approval of a new policy for the recruitment of temporary and contract agents that addresses most issues identified by the Court of Auditors in past audits;
Amendment 12 #
2016/2192(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that in 2015, a record number of more than 1 392 155 applications for international protection were made; recognises that the EASO invested significant efforts in implementing the activities assigned to it in the European Agenda on Migration, in particular as part of the development of the ‘hotspots’ approach; welcomes the very solid output of EASO, with over 117 meetings and workshops organised, 3 764 national staff trained and more than 100 civil society organisations consulted;
Amendment 18 #
2016/2192(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 9 #
2016/2184(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Agrees with the Management BoardWelcomes that Europol is effectively and efficiently delivering the expected products and services by the competent law enforcement authorities of the Member States and cooperation partners; acknowledges that over 732 000 operational messages were processed through the Secure Information Exchange Network Application (SIENA) and that almost 40 000 related cases were initiated, that the Europol Information System (EIS) processed over 633 000 searches, that the Agency supported 812 operations, produced over 4 000 operational reports and coordinated 98 joint actions; encourages Europol to continue to improve information sharing among its partners for the purposes of counter- terrorism.
Amendment 18 #
2016/2184(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 6 #
2016/2179(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the Agency reimbursed depreciation charges for a vessel that had exceeded its useful life; notes that the Agency recovered only the payments from 2015; notes the Agency’s statement that this cost recovery was made in line with the principle of proportionality; highlights the risk of double funding for the reimbursement of vessels and fuel consumption under “Commission ISF Borders” and “Frontex joint operations”; notes that rules for reimbursing costs are complex and calculated differently for every Member State; encourages the Agency to obtain rights to use simplified cost options and other funding mechanisms in addition to grants;
Amendment 12 #
2016/2179(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the contribution of the Agency to saving more than 250 000 people at sea in 2015; welcomes the increase of the Agency’s search and rescue capacity following the tragic events of spring 2015; looks forward to those capacities being strengthened further following the adoption of the new mandate in mid-2016 which includes search and rescue as a stand along component of European integrated border management and assigns it as a specific task of the Agency; welcomes the signature of an important agreement with CSDP Mission EUNAVFOR Med regarding maritime surveillance;
Amendment 5 #
2016/2178(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the high implementation rate of the 2015 budget that reached 95.5% out of which 79% has been paid; notes, however, that according to the Court of Auditors, the level of committed appropriations for administrative expenditure carried over from 2014 to 2015 reached 49 % at the end of 2015, which is relatively high, although lower than in 2014 (59%); welcomes, therefore, the commitment of CEPOL to continue to improve its budget management procedures and to better comply with the budgetary principle of annuity provided in the Financial Regulation;
Amendment 12 #
2016/2178(DEC)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 9 #
2016/2170(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that Eurojust faced budgetary availability issues due to known structural problems with its funding; stresses that for the second successive year, Eurojust was forced to resort to mitigation measures subject to an amending budget; regrets that the financial uncertainty with which Eurojust was confronted required the postponement of some of its on-going activities and the deferral of valuable technological developments; requests that Eurojust and the Commission solve these known structural problems and secure a proper level of funding for the coming years;
Amendment 11 #
2016/2170(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the high level of committed appropriations carried over for administrative expenditure (21 %); acknowledges that this was mainly the outcome of budgetary uncertainty; regrets that this triggered execution issues with specific contracts for security and hospitality services, ICT projects, hardware purchase and maintenance, as well as consultancy and project costs for the new premises; welcomes, despite the difficulties encountered, the commitment of Eurojust to avoid any unjustified carry- overs.
Amendment 7 #
2016/2164(DEC)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 14 #
2016/2164(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes findings of the IAS audit reportinternal audit service on “IT project Management”; stresses especially the importance of developing an ICT strategy to fully support the core mission of the Agency.
Amendment 5 #
2016/2159(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates the call on the Commission to exempt agencies in the JHA area, such as the EDPS, from the general 5% staffing cut, since in the current political climate these agencies are being requested to take on ever- increasing workloads;
Amendment 6 #
2016/2159(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes, however, that the IAS auditinternal audit service report revealed that for 3 out of the 14 ICS objectives some significant implementations efforts are still required by the EDPS; welcomes the commitment of the EDPS to implement all recommendations;
Amendment 11 #
2016/2151(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that 2015 was extraordinarily challenging for Union home affairs policies, particularly in the field of migration, with 1,8 million irregular arrivals at the Union’s borders, as well as in the field of security, with a series of terror attacks in several Member Statesas well as in the field of security; acknowledges the central role of DG-HOME in developing policy responses and in mobilising staff and emergency funding to support the most affected Member States;
Amendment 15 #
2016/2151(DEC)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 5 #
2016/2140(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regards to the Convention on the Rights of the Child, the General Comment no. 16 of the UN Committee on the Rights of Child,
Amendment 40 #
2016/2140(INI)
Motion for a resolution
Recital D
Recital D
D. whereas most human rights violations in the garment sector are labour- rights related and include the denial of workers fundamental right to join or form a union of their choosing and bargain collectively in good faith; whereas this has led to widespread labour rights violations ranging from poverty wages, wage theft, unsafe workplaces, physical and sexual harassment, to precarious work;
Amendment 67 #
2016/2140(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas children's rights are an integral part of human rights and ending child labour should remain an imperative; whereas the work of children requires specific regulations with regards to age, working time and types of work;
Amendment 111 #
2016/2140(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative proposal on binding due diligence obligations for supply chains in the garment sector aligned with OECD guidelines and internationally agreed standards on human rights and social and environmental standards; this proposal should focus on the core problems garment workers face (occupational health and safety, a living wage, freedom of association, protection from sexual harassment and violence) and should address the following matters: key criteria for sustainable production, transparency and traceability, including collection of data and tools for consumer information, due diligence checks and auditing, access to remedy; gender equality, children's rights, supply-chain due diligence reporting; awareness raising; notes, however, with concern that a lot more needs to be done and urges the Commission to take further actions which have a direct impact on workers’ lives;
Amendment 127 #
2016/2140(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the EU and its Member States to promote, through policy dialogue and capacity building, the take-up and effective enforcement of international labour standards and human rights by partner countries based on ILO Conventions, in particular ILO Conventions 138 and 182, and recommendations; stresses in this context that respecting the right to join and form a union and engage in collective bargaining is a key criterion for business accountability;
Amendment 139 #
2016/2140(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to deliver on its objective to foster improvements in the ready-made garment sector, including through a strong gender and children focus; calls on the Commission to make gender equality and children's rights a central focus of its flagship legislative initiative;
Amendment 148 #
2016/2140(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to enhance codes of conduct, labels and fair trade schemes, and of ensuring alignment with international standards such as the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, the Children's Rights and Business Principles developed by UNICEF, the UN Global Compact and Save the Children, and the upcoming OECD due diligence guidance for the garment and footwear sector;
Amendment 2 #
2016/2097(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Expresses its concerns about the significant increase (18% on a yearly basis) in the level of reported fraudulent and about the rising trend displayed over the last three years, which shows a need for further policy action to protect EU financial interests;
Amendment 3 #
2016/2097(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reaffirms that coordination and cooperation at EU level and between EU bodies and Member States' competent authorities can generate a genuine added value in the fight against fraud;
Amendment 4 #
2016/2097(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Welcomes positive examples of good cooperation between national authorities, Eurojust and Europol in the fight against fraud and organised crime;
Amendment 5 #
2016/2097(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Expresses deep concern about the budgetary cuts and the consequent decrease of customs staff being implemented in some Member States;
Amendment 6 #
2016/2097(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Reiterates that effective customs controls are a key element in protecting EU financial interest and that budgetary measures should not prevent Member States' authorities from carrying out their missions;
Amendment 7 #
2016/2097(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Stresses that whistle-blowers play an important role in the protection of EU's financial interests by detecting and reporting possible frauds in respect of EU budget expenditures;
Amendment 22 #
2016/2097(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses the need to entrust the EPPO to help whistle-blowers use the right channels to disclose their information on possible irregularities affecting the financial interests of the Union;
Amendment 23 #
2016/2097(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Encourages the European Commission to promote an increased exchange of best practices, to promote legal and operational means to analyse successful antifraud investigation, and to promote harmonised fraud detection practices among the Union;
Amendment 24 #
2016/2097(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Encourages Member States' customs authorities to present regularly comprehensive reports to the European Commission about detected fraud and new forms of irregularities.
Amendment 27 #
2016/2097(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is alarmed that the number of all fraudulent and non-fraudulent irregularities reported (22 349 cases) increased significantly for a second consecutive year – first by 48 % in 2014 and then by another 36% in 2015, leading to doubling the amountan increase of the number of registered irregularities by 6570 cases within just two years due to certain specific situations in the cohesion policy area in two Member States; notes that even though the number of irregularities doubledincreases, the sum involved in them in 2015 (EUR 3.21 billion) remains on the same level as in 2014; calls on the Commission to analyse this developmentfell slightly by 1 % compared to 2014 (EUR 3.24 billion);
Amendment 81 #
2016/2097(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes that detected fraudulent and non-fraudulent irregularities on the expenditure side represent 1.98 % of payments from the EU budget in 2015;
Amendment 82 #
2016/2097(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Notes the number of reported fraudulent irregularities in 2015 for budget sector National resources decreased by 14% compared to 2014 and that the amount involved increased by 8%; is concerned that in this sector the number of non-fraudulent irregularities in 2015 increased by 28% and amount affecter by 44%;
Amendment 83 #
2016/2097(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Deplores that the amount ofnumber of fraudulent and non-fraudulent irregularities reported in the European Agricultural Guarantee Fund (EAGF) and in the European Agricultural Fund for Rural Development (EAFRD) is growing annually for at least 5 consecutive years with the amountnumber of reported cases growing up from 1970 in 2011 to 4612 cases in 2015 with the sums involved growing from EUR 119 million in 2012; notes, however, that the irregularities affecting EAGF have remained stable over time (+6% in comparison with 2014 and 10% with 2011), and that those related to the EAFRD have been constantly increasing; observes that the financial amount involved in 2011 decreased from EUR 211 million to EUR 119 million in 2012 but constantly increased to EUR 394 million in 2015 with the level of reported irregularities of the EAFRD coming close to 2% of the entire fund; urges the Member States with the highest amount of irregularities reported – Romania, Italy, Spain, Poland, Hungary, Portugal and Lithuania – to do their utmost in order to regulate the situation;
Amendment 88 #
2016/2097(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is deeply worried that the fraudulent and non-fraudulent irregularities linked to the Common Fisheries Policy in 2015 have doubled compared to 2014 and are the highest reported ever with 202 cases involving the sum of EUR 22.7 million(19 fraudulent and 183 non fraudulent) involving the sum of EUR 22.7 million (EUR 3.2 million for fraudulent cases);
Amendment 90 #
2016/2097(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Deeply deplores that the Cohesion policy reported a sharp increase in the number of reportednon-fraudulent irregularities, which have gone up between 2014 and 2015 by 8104% for the 2000-06 programming periods before 2007- 13 and by 1098% for the 2007-13 programming period; notes, however, that the financial amounts involved for non- fraudulent irregularities increased by no more that 9% in 2015 compared to 2014; deplores as well that the number of fraudulent irregularities in 2015 increases by 21% and the amount involved – by 74%;
Amendment 38 #
2016/2055(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas whistle-blowing is a fundamental source of information in the fight against organised crime and in the investigation of corruption in the public sector;
Amendment 39 #
2016/2055(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. whereas the protection of whistle- blowers is essential to safeguarding the public good and the financial interests of the Union and to promoting a culture of public accountability and integrity in both public and private institutions;
Amendment 40 #
2016/2055(INI)
Motion for a resolution
Recital N c (new)
Recital N c (new)
N c. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, which means that whistle- blowers might encounter disciplinary actions for reporting outside their organisation;
Amendment 60 #
2016/2055(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses the need to establish an independent EU institution with sufficient budgetary resources, in orderntrust the European Public Prosecutor's Office to help whistle-blowers use the right channels to disclose their information on possible irregularities affecting the financial interests of the Union, while protecting their confidentiality and offering assistance against possible retaliatory measures;
Amendment 69 #
2016/2055(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls EU Institutions, in cooperation with all relevant National Authorities, to set up and organise all necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 72 #
2016/2055(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. The European institutions should raise awareness of the serious effects of defenceless whistleblowers, therefore the Commission should provide a comprehensive action plan in this direction.
Amendment 73 #
2016/2055(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests the establishment of a special office withidedicated facilities (i.e. hotlines, websites, contact points) within the European Parliament for receiving information from whistle- blowers relating to the financial interests of the Union, which will alsothese facilities should also be used to inform whistle- blowers about their rights and responsibilities and provide them with advice and helpsupport in protecting them against any possible retaliatory measures, until such time as an independent EU institution has been establishedthe European Public Prosecutor Office has been set up as referred to in paragraph 4;
Amendment 77 #
2016/2055(INI)
Motion for a resolution
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Commission should provide a clear legal framework that guarantees that those exposing illegal or unethical activities are protected from retaliation or prosecution.
Amendment 80 #
2016/2055(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Expresses the need to ensure that reporting mechanisms are accessible, safe and secure, and that whistle blowers' claims are professionally investigated;
Amendment 83 #
2016/2055(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission, and in particular on the European Anti-Fraud Office, to similarly set up procedures for receiving and protecting whistle-blowers who provide information on irregularities relating to the financial interests of the Union;
Amendment 94 #
2016/2055(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; the results of the public consultation will represent a valuable input for the Commission when preparing its future proposal on whistle-blowing;
Amendment 3 #
2016/2033(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas tax evasion has serious economic and social consequences on European societies. Tax avoidance and tax evasion not only deprive Member States from raising sufficient revenues, but it increases inequalities among law abiding tax payers and citizens disregarding their duties;
Amendment 4 #
2016/2033(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas VAT fraud contributes to the creation of an unfair fiscal environment and therefore to major market distortions, particularly detrimental for SMEs;
Amendment 5 #
2016/2033(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas VAT fraud contributes to funds leaving the EU;
Amendment 6 #
2016/2033(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Amendment 12 #
2016/2033(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to carry out an extensive evaluation of the revenues that criminal organizations raise each year through VAT frauds and reinvest in the legal economy through money laundering.
Amendment 13 #
2016/2033(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to present a comprehensive strategy to counter criminal organization's VAT fraud business model including activities related to money laundering.
Amendment 15 #
2016/2033(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on Member States to adopt all appropriate legislative and administrative measures to ensure the traceability of financial flows and the transparency of banking institutions in order to prevent VAT fraud revenues from being reinvested.
Amendment 45 #
2016/2033(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Regrets that administrative cooperation between Member States on fighting VAT fraud is still not suefficient toin copeing with intra-EU VAT evasion and fraud mechanisms and to manage cross- border transactions or trading; stresses the need for a simplified, effective and accessible VAT system to all Member States in order to reduce VAT burden and to combat VAT fraud
Amendment 61 #
2016/2033(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Encourages the Commission and the Member States to be more active at international level and to strengthen cooperation with non-EU countries and enforce efficient VAT collection, so as to establish standards and strategies of cooperation based chiefly on the principles of transparency, good governance and exchange of information.
Amendment 146 #
2016/2009(INI)
Motion for a resolution
Recital B
Recital B
B. whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas it is necessary to have adequate tools in place to protect EU citizens and residents and to respond properly to such violations; whereas all security measures must respect fundamental rights and the rule of law, and comply with the principles of necessity, proportionality and legality, with appropriate safeguards to ensure accountability and judicial redress; whereas full compliance of security measures with fundamental rights is laid down among the principles of the European Agenda for Security;
Amendment 159 #
2016/2009(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas security and respect for fundamental rights are not conflicting aims, but complementary policy objectives;
Amendment 164 #
2016/2009(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas the best way to address root causes of extremism is through education, youth participation, interfaith and intercultural dialogue, and employment and social inclusion;
Amendment 176 #
2016/2009(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas differences between the legislation of Member States greatly facilitate the activities of organised crime groups involved in trafficking in human beings24a ; __________________ 24a2016 EUROPOL situation report on Trafficking in human beings in the EU
Amendment 219 #
2016/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas live-streaming of child sexual abuse is no longer an emerging new trend, but an established reality; whereas children are at risk of harm through online grooming and solicitation for sexual purposes, which in the most serious cases can turn into sexual coercion and not enough is done to prevent child sexual abuse trough sexuality education programmes;
Amendment 256 #
2016/2009(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas the rapid development of the modern digital society means that the right to be forgotten needs to be guaranteed, in order to remove any content which might be prejudicial to the dignity of individuals; whereas the right to privacy and to the protection of digital reputation is particularly important when it comes to children, who represent the most defenceless part of society;
Amendment 448 #
2016/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that radicalisation of individuals can first and foremost be prevented by integration measures and by realising an open and inclusive society for all, not solely by law enforcement measures; believes that a European early warning and responsive system should be set up to identify groups that are at high risk of radicalisation; calls on the EU and the Member States to make greater efforts to prevent radicalisation via the Internet and social media, in particular among young people, andwhile ensuring that measures taken in this regard are not in contradiction of fundamental principles relating to freedom of expression, in particular including freedom of the press and the freedom of expression in other media; calls on the EU and the Member States to make greater efforts to assist the families of those who are at risk; encourages Member States to exchange best practices and to use intelligence- sharing mechanisms in order to fight terrorist networks efficiently;
Amendment 494 #
2016/2009(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that data collection on child trafficking should be based on a common definition of this crime phenomenon; recalls that some Member States consider child trafficking a separate form of exploitation and others include child victims with adults hindering the possibility of creating a comprehensive intelligence picture and of defining the best investigative responses at the EU level;
Amendment 504 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Emphasises that the EU's legal and political framework recognises that trafficking is a gender-specific phenomenon, and calls on Member States to adopt gender-specific measures; recalls that Article 1 of the Directive stresses the need to adopt a gender-sensitive approach to trafficking in human beings; highlights that women and men, girls and boys are vulnerable in different ways, and are often trafficked for different purposes, and that prevention, assistance and support measures must therefore be gender-specific; points out, further, that the EU strategy identifies violence against women and gender inequalities as being among the root causes of trafficking, and lays down a series of measures to address the gender dimension of trafficking;
Amendment 507 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Regrets that Europol's capabilities are not fully utilised among Member State law enforcement authorities in order to increase information sharing with Europol so that links can be made between investigations in different Member States and a broader intelligence picture on the most threatening organised crime networks active in the EU can be drawn;
Amendment 515 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to implement measures to enable every citizen to obtain more rapidly the removal of content potentially harmful to his/her dignity or reputation; points out that, in the absence of a specific public interest, everyone has the right to decide which data may be made available, the right to remove data and the right to be forgotten;
Amendment 704 #
Amendment 712 #
2016/2009(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; In particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU's equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 716 #
2016/2009(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Commission to consider launching a Child Guarantee to combat child poverty and social exclusion; supports the inclusion of free access to healthcare, education, childcare facilities, adequate housing and quality nutrition in the Child Guarantee;
Amendment 725 #
2016/2009(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Member States to uphold their obligations and combat any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, honour killing, FGM and child soldiers; stresses on the importance of including formal provisions to prohibit and sanction corporal punishment against children;
Amendment 734 #
2016/2009(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions; reiterates its call on the Commission to present a new European Strategy for the Rights of the Child;
Amendment 736 #
2016/2009(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for child-friendly juvenile justice systems in which children understand their rights and their role when they are involved as victims, witnesses or alleged offenders; calls for the adoption of special measures in both criminal and civil proceedings to protect children from unnecessary stress and repeated victimisation;, taking into account the Directive 2016/800 on procedural safeguards for children suspected or accused in criminal proceedings
Amendment 738 #
2016/2009(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the 116 emergency hotline to be accessible EU-wide 24/7 for children and for the use of anonymised chat lines on Internet, as these are much more convenient for children in stress and should be set up as a unified system in the EU using official and minority languages; calls on Member States to support the European common number 116111 dedicated to child helplines, by strengthening hotlines and chatlines capacities and European network and by allocating sufficient funds
Amendment 744 #
2016/2009(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that child protection should be enhanced in the digital world in light of the increased instances of sexual violation, grooming and forced prostitution where the perpetrators used the internet to make contact, and calls for further cooperation between the private and public sectors; encourages those involved to follow good examples of prevention and complaint mechanisms in online social media and to implement these EU-wide; calls on Member States to take measures to address cyber-bullying;
Amendment 750 #
2016/2009(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited; calls on the industry to take their shared responsibility and refrain from addressing misleading and aggressive advertising towards children;
Amendment 753 #
2016/2009(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a code of conduct on protecting children’s rights online and offline in cyber space, and recalls that in the fight against cybercrime by law enforcement authorities special attention needs to be paid to crimes against children; calls on the Member States to increase their police and judicial cooperation cross border to prevent and combat cybercrime;
Amendment 756 #
2016/2009(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on Member States to fully implement Directive 2011/93/EU on combating sexual abuse and sexual exploitation of children and child pornography; calls on the law- enforcement authorities, both at national and EU-level to invest in new technologies to fight crimes in the dark web and deep web; stresses that Eurojust and Europol must be given appropriate resources to improve the identification of victims, to fight organized networks of sexual abusers and to accelerate the detection, analysis and referral of child abuse material on- and offline;
Amendment 761 #
2016/2009(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the announcement byUrges the Member States to take immediate action in response to the Europol Report that at least 10 000 unaccompanied children went missing in the EU in 2015 has clearly shown that; calls on Member States and European agencies have to step up their efforts urgently in terms of cross-border cooperation, information exchanges and joint investigations and operations in order to fight child trafficking in human beings; notes that appointing, sexual abuse and other forms of exploitation and to protect children; calls on Member States to expedite the appointment of qualified guardians to unaccompanied children is an important safeguard toand ensure theirat the best interests; calls for registration and the use of convenient and dependable identification tools for children of all ages until of the child is always taken into account; calls on Member States to register and identify with finger prints children in a child- friendly way to ensure that they enter the inclusnational procestection systems in order to prevent their disappearance; recommends to reinforce existing tools for missing children including the European hotlines for missing children;
Amendment 832 #
2016/2009(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that children with disabilities disproportionately experience a variety of human rights violations, including the denial of access to basic services such as education and healthcare or placement in institutions away from their families and communities, and are at a higher risk of becoming victims of violence, sexual abuse, exploitation and other forms of ill- treatment and abuse; highlights the need for comprehensive policy action by the EU and the Member States to ensure the thorough implementation of the UN Convention on the Rights of the Child, in conjunction with the CRPD;
Amendment 1 #
2016/0823(CNS)
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Declaration by the President of the European Council, the President of the Commission and the Prime Minister of Denmark of 15 December 2016, which stressed the operational needs, but also the exceptional and transitional nature, of the foreseen arrangement between Europol and Denmark,
Amendment 2 #
2016/0823(CNS)
Draft legislative resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the aforementioned Declaration, which stressed that the foreseen arrangement is conditional on Denmark’s continued membership of the Union and of the Schengen area, Denmark’s obligation to fully implement in Danish law Directive (EU) 2016/680/EU1a on data protection in police matters by 1 May 2017 and Denmark’s agreement to the application of the jurisdiction of the Court of Justice of the European Union and the competence of the European Data Protection Supervisor, ________________ 1aDirective (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 5 #
2016/0823(CNS)
Draft legislative resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
(3a) Calls on the Council to provide, within the provisions of the future arrangement between Europol and Denmark, for an expiry date of five years after the date of entry into force thereof, in order to ensure its transitional nature with a view to full membership or the conclusion of an international agreement in accordance with Article 218 TFEU;
Amendment 44 #
2016/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity, in line with the revised FATF Recommendations. Given that different tax offences may in each Member State constitute a criminal activity punishable by means of the sanctions referred to in this Directive, definitions of tax crimes may diverge in national law. However nNo harmonisation of the definitions of tax crimes in Member States’ national law is sought, however, for the purposes of this Directive, any form of tax fraud or evasion shall be covered, regardless of thresholds in national law requiring the existence of a significant amount of undeclared amounts or unpaid taxes or the systematic use of fraudulent manoeuvres.
Amendment 53 #
2016/0414(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order for money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime that generated the property, let alone require a prior or simultaneous conviction for that crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fa, subject thato the predicate offence would have been a crime in its national law, had it been committed therconditions set out in this Directive.
Amendment 67 #
2016/0414(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay down minimum types and levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA37 8 or, where the perpetrator abused their professional position to enable money laundering, or where the offender is a Politically Exposed Person, in accordance with national law transposing the definition provided in Article 3 (9) of the Directive 2015/489/EU , Member States shouldall provide for aggravating circumstances in accordance with the applicable rules established by their legal systems. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42)
Amendment 92 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point h a (new)
Article 2 – paragraph 1 – point 1 – point h a (new)
(ha) tax fraud and evasion relating to direct taxes and indirect taxes, regardless of thresholds in national law requiring the existence of a significant amount of undeclared amounts or unpaid taxes or the systematic use of fraudulent manoeuvres;
Amendment 99 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point v
Article 2 – paragraph 1 – point 1 – point v
(v) all offences, including tax crimes relating to direct taxes and indirect taxes as defined in the national law of the Member States, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;
Amendment 112 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing at the time of receipt or use, that such property was derived from criminal activity or from an act of participation in such an activity.
Amendment 122 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) all the factual elements or all circumstances relating to the criminal activity, where it is established that property has been derived from such activity;
Amendment 124 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) whether the criminal activity that generated the property was carried out in the territory of another Member State or in that of a third country, when the relevant conduct is a criminal offenceactivity under the national law of the Member State or the third country where the conduct was committed and would beimplementing or applying this Article had it been committed there. Member States may, however, require that the relevant conduct, insofar as it does not fall within the categories of crimes referred to in Article 2 (1) points (a) to (ha), constitutes a criminal offence under the national law of the other Member State implementing or applying this Article had it beenor the third country where the conduct was committed there;.
Amendment 142 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 shall be punishable by a maximum term of imprisonment of at least fourive years, at least in serious cases.
Amendment 145 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Each Member State shall ensure that the offences referred to in Article 3 paragraph 1 are punishable by a minimum term of imprisonment of at least two years where one of the circumstances referred to in Article 6 is applicable.
Amendment 146 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Each Member State shall ensure that the offences referred to in Articles 3, paragraph 1a and 4 shall be punishable by a maximum term of imprisonment of at least three years.
Amendment 147 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2c. In complementarity with criminal penalties, and taking into account the specific circumstances of the criminal activity, each Member State shall ensure that the conduct referred to in Articles 3 and 4 shall be punishable by effective, proportionate and dissuasive administrative penalties, such as: a) a temporary or permanent ban from entering into contracts with the public authorities; b) temporary or permanent disqualification from the practice of administrative, commercial and/or other regulated activities or functions; c) a temporary or permanent ban from running for public office.
Amendment 158 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the offender is a Politically Exposed Person, in accordance with national law transposing the definition provided in Article 3 (9) of the Directive 2015/489/EU ;
Amendment 164 #
2016/0414(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Each Member State shall ensure that legal persons can be held liable for any of the offences referred to in Articles 3 and 4 committed for their benefit of thoser for the benefit of other natural or legal persons by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on:
Amendment 165 #
2016/0414(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 3 and 4 for their benefit of thatr for the benefit of other natural or legal persons by a person under its authority.
Amendment 179 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) the offender is a habitual resident in its territory.
Amendment 180 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(bb) the offence is committed for the benefit of a natural or legal person resident or established in its territory.
Amendment 181 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 186 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. When an offence falls within the jurisdiction of more than one Member State and when any of the Member States concerned can validly prosecute on the basis of the same facts, Member States shall take into account the following factors, listed in order of priority, to decide which of them will prosecute the offenders: (a) the territory of the Member State where the offence was committed; (b) the nationality or residency of the offender; (c) the country of origin of the victims; (d) the territory of the Member State where the offender was found.
Amendment 188 #
2016/0414(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Investigative tools and freezing or confiscation measures
Amendment 195 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall ensure that effective investigative tools, sufficient personnel, adequate training and technological capacity, 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.
Amendment 198 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each Member State shall ensure that freezing and confiscation measures deemed appropriate are applied to the property derived from and the instrumentalities used in committing or attempting to commit offences referred to in Articles 3 and 4 of this Directive, in accordance with Directive 2014/42/EU.
Amendment 202 #
2016/0409(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appropriate safeguards. In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989. Law enforcement authorities' decisions on the follow up to an alert related to a child shall be taken in cooperation with child protection authorities and the national hotline for missing children shall be informed. In case of missing unaccompanied minors the purpose for competent authorities to access the data inserted in SIS shall be to protect children and their best interest;
Amendment 250 #
2016/0409(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure a safe environment for all persons residing on the territory of the European Union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data. Facial images, fingerprints, palm prints and DNA of children shall be collected, stored, retrieved and used only for the purpose of the protection of the child and her/his best interest
Amendment 363 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c a (new)
Article 32 – paragraph 2 – point c a (new)
(c a) missing children, including: (i) Runaways (ii) Missing children in the context of migration (iii) Abductions by a third person (iv) Lost, injured or otherwise missing children
Amendment 368 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. PAn alert on a child referred to in paragraph 2(ad) shall apply in particular to children and to persons who have to be interned following a decision by a competent authority.be entered at the request of the competent authorities of the Member State. The competent child protection authorities, including the national 116 000 hotline and, in case of missing unaccompanied children, the guardian, shall be informed;
Amendment 380 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Member States shall ensure that the data entered in SIS indicate which of the categories referred to in paragraph 2 the missing person falls into. Further, Member States shall also ensure that the data entered in SIS indicate which type of missing or vulnerable person case is involved. The rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2)An alert on a child referred to in paragraph 2(d) needs to indicate to which category of missing child the alert falls into.
Amendment 384 #
2016/0409(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where a person as referred to in Article 32 is located, the competent authorities shall, subject to paragraph 2, communicate his or her whereabouts to the Member State issuing the alert. In the case of missing children or children who need to be placed under protection the executing Member State shall consult immediately the issuing Member Statechild protection authorities and the national 116 000 hotline for missing children in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child. The competent authorities may, in the cases referred to in Article 32(2)(a), (c) and (cd), move the person to a safe place in order to prevent him or her from continuing his journey, if so authorised by national law. . If the alert concerns a child, the decision on the safe place shall take in consideration the vulnerability of the child and his or her best interest.
Amendment 36 #
2016/0231(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The European Council conclusions of October 2014 foresaw that the target should be delivered collectively by the Union in the most cost-effective manner possible, with the reductions in the Emissions Trading System (ETS) and non- ETS sectors amounting to 43% and 30% by 2030 compared to 2005 respectively, with efforts distributed on the basis of relative Gross Domestic Product (GDP) per capita. This distribution of efforts should be proportional to the level of Member States´ GDP per capita in 2013 compared to the EU28 average GDP per capita in the same year. All sectors of the economy should contribute to achieving these emission reductions, and all Member States should participate in this effort, balancing considerations of fairness and solidarity, and national targets within the group of Member States with a GDP per capita above the Union average should be relatively adjusted to reflect cost- effectiveness in a fair and balanced manner. Achieving these greenhouse gas emission reductions should boost efficiency and innovation in the European economy and in particular should promote improvements, notably in buildings, agriculture, waste management and transport, in so far as they fall under the scope of this Regulation.
Amendment 48 #
2016/0231(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The approach of annually binding national limits taken in Decision No 406/2009/EC of the European Parliament and of the Council19 should be continued from 2021 to 2030, with the start of the trajectory calculation in 2020 on the value of the 2020 annual emission allocation according to Commission Implementing Decision 2013/634/EU19a and subsequent amendments, or on the average of the greenhouse gas emissions during 2016 to 2018, using whichever value is lower, and the end of the trajectory being the 2030 limit for each Member State. In order to ensure the effort sharing is fair and balanced, Member States with an average of greenhouse gas emissions during 2016, 2017 and 2018 below its 2020 annual emission allocation and with a GDP per capita below EU28 average GDP per capita in 2013, can opt for starting on the value of the 2020 annual emission allocation. An adjustment to the allocation in 2021 is provided for Member States with both a positive limit under Decision 406/2009/EC and increasing annual emission allocations between 2017 and 2020 determined pursuant to Decisions 2013/162/EU and 2013/634/EU, to reflect the capacity for increased emissions in those years. The European Council concluded that the availability and use of existing flexibility instruments within the non-ETS sectors should be significantly enhanced in order to ensure cost- effectiveness of the collective Union effort and convergence of emissions per capita by 2030. _________________ 19 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136). 19a2013/634/EU: Commission Implementing Decision of 31 October 2013 on the adjustments to Member States’ annual emission allocations for the period from 2013 to 2020 pursuant to Decision No 406/2009/EC of the European Parliament and of the Council (OJ L 292, 1.11.2013, p. 19).
Amendment 66 #
2016/0231(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) This Regulation should provide an incentive for emission reductions consistent with other Union climate and energy legislation. Taking into account that over 75% of the Union´s greenhouse gas emissions are related to energy, for sectors covered by this Regulation a particular significance is to be given to energy efficiency policies. Energy efficiency is key not only for reducing energy bills, decarbonising the economy, and ensuring energy security, but also for strengthening economic competitiveness, creating skilled jobs and tackling energy poverty. Furthermore, measures taken in the sectors covered by this Regulation, while helping Member States achieve their targets, pay for themselves over time. When transforming this Regulation into national policies, Member States should properly invest in energy efficiency across sectors.
Amendment 110 #
2016/0231(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The general objective of this Regulation is to contribute to setting the Union on a cost-effective path to reach the goals of the Paris Agreement, being consistent with the Union energy roadmap towards 2050.
Amendment 118 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 2020 on the value of the 2020 annual emission allocation according to Decision 2013/634/EU and subsequent amendments, or on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3, using whichever value is lower, and ending in 2030 on the limit set for that Member State in Annex I to this Regulation. In order to ensure the effort sharing is fair and balanced, Member States with an average of greenhouse gas emissions during 2016, 2017 and 2018 below its 2020 annual emission allocation and with a GDP per capita below EU28 average GDP per capita in 2013, can opt for starting on the value of the 2020 annual emission allocation.
Amendment 266 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Within six months of the facilitative dialogue under the UNFCCC in 2018, the Commission shall submit a report to the European Parliament and the Council assessing the consistency of the Union´s climate change legislation with the Paris Agreement goals. The report shall assess in particular the adequacy of the obligations laid down in this Regulation.
Amendment 216 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
(i) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless applicants are unaccompanied minors, families with children, and other vulnerable applicants including those with special procedural or reception needs or a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’
Amendment 288 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The border procedure may onlyshall not be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b).
Amendment 399 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 1
Article 41 a – paragraph 1
1. TAdult third-country nationals and stateless persons whose application is rejected in the context of the procedure referred to in Article 41 shall not be authorised to enter the territory of the Member State, except when they are accompanied by minor family members. When there is a doubt about the applicant’s age, the benefit of the doubt shall be given.
Amendment 431 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 7
Article 41 a – paragraph 7
7. Detention shall be maintained for as short a period as possible, as long as removal arrangements are in progress and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive]. Minors, whether accompanied or unaccompanied, shall not be detained.
Amendment 555 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, 4 and 4a have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this Regulation.
Amendment 577 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) lodging his or her application in accordance with Article 28 within the set time-limit and submitting all elements at his or her disposal neededthat might help to substantiate his or her application;
Amendment 579 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) hand overallowing the responsible authorities to examine and make copies of documents in his or her possession relevant to the examination of the application.
Amendment 587 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial imagein accordance with paragraph 2, and the responsible authorities have properly informed that person of his or her obligations and hasthe consequences of refusing to cooperate, and where the responsible authorites have ensured that that person has had an effective opportunity to comply with those obligations, his or her application shallmay be rejected as abandonedimplicitly withdrawn in accordance with the procedure referred to in Article 39.
Amendment 589 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The applicant shall inform the determining authority of the Member State in which he or she is required to be present of his or her place of residence or address or a telephone number or e-mail address where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.
Amendment 595 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The applicant shall comply with any obligations to report regularly to the competent authorities or to appear before them in person without delay or at a specified time or to remain in a designated area on its territory in accordance with Directive XXX/XXX/EU (Reception Conditions Directive), aswhere such an obligation has been imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 605 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
Amendment 610 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the right to legal assistance for the lodging of the individual application, including the possibility of free legal assistance in accordance with Article 15;
Amendment 611 #
2016/0224(COD)
(c) their rights and obligations during the procedure, including the obligation to remain in the territory of the Member State in which they are required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 616 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point e
Article 8 – paragraph 2 – subparagraph 1 – point e
(e) the time-frame of the procedureany time-limits which they are required to respect and the time-limits which the responsible authorities are required to respect;
Amendment 617 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point f
Article 8 – paragraph 2 – subparagraph 1 – point f
(f) the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Regulation (EU) No XXX/XXX (Qualification Regulation) including the right to free legal assistance and representation;
Amendment 623 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 633 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. The determining authority may also provide applicants with a cultural mediator to assist him or her during the procedure and, in particular, during the personal interview.
Amendment 636 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. TWithin 14 days of making the application , the determining authority shall provide applicants with the opportunity to communicate with United Nations High Commissioner for Refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law.
Amendment 642 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The determining authority shall give applicants notice win writhin a reasonable timeg within seven days of the decision taken on their application. Where a guardian, legal adviser or other counsellor is legally representing the applicant, the determining authority mayshall give notice of the decision to him or her instead ofas well as to the applicant.
Amendment 652 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 664 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. A Member State may extradite or expel an applicant to a third country pursuant to paragraph 3(a) and (b) only where the determining authority is satisfied that an extradition or return decision will not result in direct or indirect refoulement in breach of the international and Union obligations of that Member State.
Amendment 669 #
2016/0224(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. BWhere a determining authority decides to carry out an admissibility test in accordance with Article 36, and before a decision is taken by theat determining authority on the admissibility of an application for international protection, the applicant shall be given the opportunity of an personal interview on the admissibility of his or her application.
Amendment 676 #
2016/0224(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In the substantive interview, the applicant shall be given an adequatesufficient opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and he or she shall provide all the elements at his or her disposal as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’'s statements.
Amendment 685 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The personal interviews shall be conducted under conditions which ensure appropriate confidentiality and whichMember States shall take appropriate steps to ensure that those conditions allow applicants to present the grounds for their applications in a comprehensive manner.
Amendment 687 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) or experts deployed by the European Union Agency for Asylum referred to in Article 5 (4)(b a).
Amendment 694 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant, the determining authority may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) and experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b a), to conduct such interviews.
Amendment 697 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
The absence of a personal interview pursuant to point (b) shall not adversely affect the decision of the determining authority. That authority shall give the applicant an effective opportunity to submit further information. When in doubt as to the condition of the applicant, the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature. If, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit to be interviewed.
Amendment 701 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant’situation prevailing in the applicant's country of origin, the applicant's cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.
Amendment 710 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. TWithout prejudice to Article 10, paragraph 1, and Article 11, paragraph 1, and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the determining authority from taking a decision on an application for international protection.
Amendment 712 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The determining authority or any other authoritexperts deployed by the European Union Agency for expertsAsylum referred to in Article 5 (4 a) assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview.
Amendment 715 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of the fact of such a recording and the purpose of that recording. However, where the applicant is a minor, the child's best interests shall be a primary consideration in deciding whether the personal interview is audio- visually recorded.
Amendment 729 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording or the transcript for tenone years from the date of a final decision on the application, including on all levels of appeal. The recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 734 #
2016/0224(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their applications at all stages of the procedure.
Amendment 736 #
2016/0224(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. TAs soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure.
Amendment 741 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 750 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point –a (new)
Article 15 – paragraph 2 – point –a (new)
(-a) assistance in preparing and lodging the application in accordance with Article 28;
Amendment 751 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) assistance in the preparation of the application and personal interview, including participation in the personal interview as necessary;
Amendment 767 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point c
Article 15 – paragraph 5 – subparagraph 1 – point c
(c) the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.
Amendment 769 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation. In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 774 #
2016/0224(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 – introductory part
Article 16 – paragraph 2 – subparagraph 1 – introductory part
The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. In those cases, the determining authority shall:
Amendment 781 #
2016/0224(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant, provided that the applicant has been informed of his or her right to legal assistance and representation – including free legal assistance and representation where appropriate – and has chosen not to exercise that right.
Amendment 794 #
2016/0224(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States may request total or partial reimbursement of any costs made if anincurred whenre the applicant’s financial situation considerably improves or where the decision to make such costs wasdecision to provide free legal assistance and representation taken on the basis of false information supplied by the applicant.
Amendment 805 #
2016/0224(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed. That assessment mayshall be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 812 #
2016/0224(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particulaor where the determining authority considers that the applicant is in need of special procedural guarantees as a result with particular attention to victims of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant .
Amendment 819 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.
Amendment 823 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees and the applicant's observations on the need to benefit from special procedural support.
Amendment 829 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
Amendment 831 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, or if the applicant expresses a reasoned request to have his or her special procedural needs reassessed, without having to restart the procedure for international protection.
Amendment 839 #
2016/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor withe opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 840 #
2016/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 841 #
2016/0224(COD)
Any such personal interview shall be conducted by a person whoin language they understand, in a child-sensitive and context- appropriate manner. The person conducting the personal interview shall hasve the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child-sensitive and context-appropriate manner.not wear military or law enforcement uniform
Amendment 852 #
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 makarrives ain applicationthe Member State, appoint a person or an organisation as a guardian.
Amendment 861 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary expertise, and shall not have a verified record of child-related crimes or offencesqualifications and expertise and receive regular and appropriate training, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role.
Amendment 867 #
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, and in any event no more than 20, which would render him or her unable to perform his or her tasks effectively.
Amendment 869 #
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 disproportionan adequate and limited number of unaccompanied minors at the same time, which would render him or her to ensure he or she is unable to perform his or her tasks effectively."
Amendment 871 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2
Article 22 – paragraph 5 – subparagraph 2
Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian. Unaccompanied minors shall be informed, in a child-friendly manner and in a language that they understand, about who these entities or persons are and which are the grievance mechanisms in place to report complaints against their guardians in confidence and safety.
Amendment 873 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, about how to prepare himself or herself for the personal interview. The guardian and, where applicable, a legal adviser or other counsellor admitted or permitted as such under national law, shall be present at that interview and have an opportunity to ask questions or make comments, within the framework set by the person who conducts the interview. The determining authority may require the presence of the unaccompanied minor at the personal interview, even if the guardian is present.
Amendment 886 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be used, as a measure of last resort, to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are grounds for serious doubts as to whether or not the applicant is under the age of 18 and other approaches, such as attempts to gather documentary evidence, and other age assessment procedures that Member States may have decided to undertake have failed to determine the age of the applicant. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 893 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be usedWhere there are doubts as to dwhethermine the age of or not an unaccompanied minors within the framework of the examination of an application where, is under the age of 18, following statements by the applicant, available documentary evidence or other relevant indications including, Member States may order a psychosocial assessment, there are doubts a by qualified professionals to whdether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a mimine the age of applicant within the framework of the examination of an application. The age assessment shall not be based solely on the applicant's physical appearance or demeanour.
Amendment 894 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application. Where, taking into account the margin of error of the method employed - the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 901 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Any medical examination shall be performed with full respect for the individual’'s dignity, shall be the least invasive examination and shall be carried out by independent, trained and qualified medical professionals who are familiar with the applicant's ethnic and cultural background and in cooperation with a multi-disciplinary team with expertise in child rights, psychology and development, thereby allowing for the most reliable result possible.
Amendment 905 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, including the right to appeal the decision on the medical examination, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination. All documents concerning the medical examination shall be added to the applicant’s file.
Amendment 908 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understandand a child-friendly and age appropriate manner, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.
Amendment 913 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttablnot lead to the presumption that the applicant is not a minor and it. A refusal to carry out the medical examination shall not prevent the determining authority from taking a decision on the application for international protection, however a decision to reject an application for international protection by an unaccompanied minor who refused to undergo a medical examination shall not be based solely on that refusal.
Amendment 942 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for tenone years from the date of a final decision on the application for international protection, including on all levels of appeal. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 953 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time-limit established in paragraph 1. In accordance with Article 14(1), the applicant shall have the right to legal assistance and representation to prepare the lodging of his or her application and shall be informed of that right, including the right to free legal assistance and representation where appropriate. Where free legal assistance is requested, the time limit for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor.
Amendment 959 #
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 to submit all the elements referred to in Article 4(12) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. 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 961 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 2
Article 28 – paragraph 4 – subparagraph 2
The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.
Amendment 966 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The responsible authorities shall store the data referred to in paragraph 4 for tenone years from the date of a final decision on the application for international protection, including on all levels of appeal. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 981 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) stating whetherfrom what date the applicant has permission to take up gainful employment.
Amendment 986 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 2 shall be valid for a period of six months whichand shall be renewed accordingly toutomatically where no final decision has yet been reached on the application for international protection, ensureing that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
Amendment 1054 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application. and given an effective opportunity to do so within the ten working days provided for in Article 28(1) if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views
Amendment 1058 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working-day period starting from the expiry of the first ten working- day periomoment the minor is informed if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views.
Amendment 1062 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 1073 #
2016/0224(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf. TWithout prejudice to the unaccompanied minors right to legal assistance and representation in accordance with Article 14 and 15, the guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged.
Amendment 1076 #
2016/0224(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.
Amendment 1084 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights and child- focused organisations, or from other sources;
Amendment 1095 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Where, at any time before a final decision has been taken on application for international protection, the applicant is granted an EU Blue Card in accordance with Directive xxx/xxx (on the conditions of entry and residence of third country nationals for the purpose of highly skilled employment), that application shall be postponed. That postponement shall last until the EU Blue Card - and any renewal of the EU Blue Card - has expired and the applicant has returned to the Member State responsible for the application of international protection. All the relevant time-limits, in respect of that application for international protection, as laid down in this Regulation shall be postponed accordingly. Those time-limits shall start to run again only once the applicant has returned to the Member State responsible for the application for international protection. An applicant for international protection who is granted an EU Blue Card may explicitly withdraw his or her application for international protection at any time during the validity of the EU Blue Card in accordance with Article 38.The determining authority shall not consider an application for international protection to be implicitly withdrawn in accordance with Article 39 on the ground that the applicant has become an EU Blue Card holder.
Amendment 1096 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law. and shall have completed the necessary training in accordance with Article 7 (3) Regulation (EU) XXX/XXX (EU Asylum Agency Regulation).They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious, mental health, and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 1103 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
(b) the applicant has specialfic reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees in accordance with Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.
Amendment 1111 #
2016/0224(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Amendment 1123 #
2016/0224(COD)
Proposal for a regulation
Article 34 – paragraph 5 – subparagraph 1
Article 34 – paragraph 5 – subparagraph 1
Amendment 1139 #
2016/0224(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application iss are all based on the exact same grounds, the determining authority may take a single decision, covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender, sexual orientation, gender identity or age-based persecution. In such cases, a separate decision shall be issued to the person concerned.
Amendment 1154 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) a spouse or partner or accompanied minor lodges an application after he or she had consented, in accordance with Article 31, to have an application lodged on his or her behalf, and there are no facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1161 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 1203 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandonedimplicitly withdrawn unless the applicant reports to the determining authority within a period of one month from the date when the written notice is sent.
Amendment 1221 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 5 a (new)
Article 39 – paragraph 5 a (new)
5a. The implicit withdrawal procedure shall not apply to minors.
Amendment 1254 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point h
Article 40 – paragraph 1 – point h
Amendment 1267 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
Amendment 1275 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. The accelerated examination procedure shall not apply to minors
Amendment 1293 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The border procedure shall not apply to minors.
Amendment 1295 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 1321 #
2016/0224(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant which significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation) or which relate to the reasons for which the previous application was rejected as inadmissible.
Amendment 1336 #
2016/0224(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
Without prejudice to the principle of non- refoulement, Member States may provide an exception from the right to remain on their territory and derogate from Article 54(1), where a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible:
Amendment 1384 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. As regards unaccompanied minors, the concept of first country of asylum may only be applieshall not apply, unless it is in his or her best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1.
Amendment 1432 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. As regards unaccompanied minors, the concept of safe third country may only be applied taking into consideration his or her best interests and where the authorities of the Member States have first received from the authorities of the third country in question confirmationassurance that the unaccompanied minor shall be taken in charge by those authoritieswill not face serious harm, discrimination or persecution and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e).
Amendment 1446 #
2016/0224(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant organisations, including child-focused organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).
Amendment 1514 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point b a (new)
Article 53 – paragraph 1 – point b a (new)
(b a) a decision establishing that they are over 18 years of age.
Amendment 1516 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2 a. In the case of applicants who claim to be unaccompanied minors, a decision taken determining their age referred to in Article 24.
Amendment 1518 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 2
Article 53 – paragraph 3 – subparagraph 2
Amendment 1543 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 3
Article 53 – paragraph 6 – subparagraph 3
The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introducedbeneficiary. Following the notification to the applicant or beneficiary, and where the applicant or beneficiary has made a request for free legal assistance and representation in accordance with Article 14(1) and/or Article 15(1), the time-limits shall start to run from the date on which the legal advisor or counsellor is appointed.
Amendment 152 #
2016/0222(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Member States shall apply this Directive to all unaccompanied minors from third countries from the moment of their arrival to the moment of their qualification as a refugee or grant of subsidiary protection under Regulation (EU) XXX/XXX [Qualification Regulation], or the grant of some other form of humanitarian protection, or their transfer to a third country, in accordance with their best interests, under national law.
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 268 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 273 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 277 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 4
Article 11 – paragraph 3 – subparagraph 4
Amendment 279 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 286 #
2016/0222(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under similarthe same conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centresthe entire duration of their presence in the territory of the Member State. Such education may be provided in accommodation centres, as a temporary measure until access to national education systems is ensured.
Amendment 293 #
2016/0222(COD)
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Access to the education system shall not be postponed for more than threone months from the date on which the application for international protection was lodged by or on behalf of the minor.
Amendment 354 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Member States shall ensure that that standard of living is met in the specific situation of applicants with special reception needs, such as minors, as well as in relation to the situation of persons who are in detention.
Amendment 379 #
2016/0222(COD)
Proposal for a directive
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Member States shall provide separate sanitary facilities for female applicants and safe place in reception centres for them and their children.
Amendment 406 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 3
Article 17a – paragraph 3
3. Pending the transfer under Regulation (EU) No XXX/XXX [Dublin Regulation] of a minor to the Member State responsible, Member States shall provide him or her with access to suitable educational activitiesThis article shall not apply to unaccompanied minors. When the applicants concerned are parents of minors, Member States may derogate from this article taking into account the best interests of the child, as this provision restricts access to education, equal treatment and material reception conditions such as housing, food and clothing.
Amendment 410 #
2016/0222(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall ensure that minor children of applicants and applicants who are minors receive the same access to health care as their own national minors.
Amendment 466 #
2016/0222(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involvemay affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.
Amendment 471 #
2016/0222(COD)
Proposal for a directive
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of violence and exploitation, including human trafficking;
Amendment 481 #
2016/0222(COD)
Proposal for a directive
Article 22 – paragraph 6
Article 22 – paragraph 6
6. Those working with minors, including with unaccompanied minors, shall not have a verified record ofcriminal record, especially with regard to any child- related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors, including concerning any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Amendment 483 #
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 possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protectionarrives in the Member State 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 be qualified and 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 ofcriminal record, especially with regard to any child- related crimes or offences. 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. Appointed guardians' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 493 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2 a (new)
Article 23 – paragraph 1 – subparagraph 2 a (new)
Member States shall provide unaccompanied minors upon their arrival with: (a) immediate access to health care and education under the same conditions as their own national minors (b) all the necessary information about their rights, procedures and protection opportunities in a child- friendly manner and in a language they understand. To this end, the European Asylum Support Office shall assist Member States in producing reception material to inform children.
Amendment 533 #
2016/0222(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary training with respect to the needs of both male and female applicants, as well as children. To that end, Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum] and take into consideration the information material published by the European Asylum Support Office, such as the EASO Tool for Identification of persons with special needs.
Amendment 309 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2015/849/EU
Article 31 – paragraph 3 a
Article 31 – paragraph 3 a
3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated;
Amendment 324 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2
Article 31 – paragraph 4 a – subparagraph 2
The information publicly accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and yeardate of birth, the nationality and, the country of residence and the nature and extent of the interest held of the beneficial owner as defined in Article 3(6)(b).
Amendment 350 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a a (new)
Article 1 – paragraph 1 – point 11 – point -a a (new)
Directive 2015/849/EU
Article 32 – paragraph 1
Article 32 – paragraph 1
(-aa) paragraph 1 is replaced by the following: 1. Each Members State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. The FIU shall be a police authority or other law enforcement service or entity which, under national law, is responsible for preventing and combating criminal offences.
Amendment 369 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2015/849/EU
Article 32 b (new)
Article 32 b (new)
Amendment 378 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)
Article 1 – paragraph 1 – point 13 b (new)
Directive 2015/849/EU
Article 38
Article 38
(13b) Article 38 is replaced by the following: Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats or hostile action, and in particular from adverse or discriminatory employment actions.
Amendment 379 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 c (new)
Article 1 – paragraph 1 – point 13 c (new)
Directive 2015/849/EU
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
(13c) in Article 38, the following paragraph is added: 1a. Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting suspicions of money laundering or terrorist financing internally or to the FIU are able to present a complaint in a safe manner to the respective competent authorities. Member States shall ensure that competent authorities have the legal duty to carry out an investigation and emit a decision. Judicial redress against the decision shall always be possible.
Amendment 405 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2015/849/EU
Article 54 – paragraph 1 a (new)
Article 54 – paragraph 1 a (new)
(19a) in Article 54, the following paragraph is added: 1a. Member States shall ensure that FIUs designate at least one official to be responsible for receiving requests for information or mutual legal assistance from homologous entities in other Member States and ensuring that those requests are treated in a timely manner.
Amendment 61 #
2016/0151(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The consumption of linear TV channels in Europe remains prominent in comparison to other media services, as demonstrated by the study "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016, which shows an overall good condition of linear TV in Europe, with the number of available linear TV channels in 2015 increasing on average of 46% compared to 2009;
Amendment 62 #
2016/0151(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) There has been a slight decrease in Europe of the fruition by young people of linear TV channels, as demonstrated by the study " Measurement of Fragmented Audiovisual Audiences", published by the European Audiovisual Observatory in November 2015, which shows in 2014 an average decrease in the European Union of only 4% of young people aged 12-34, compared to 2011;
Amendment 63 #
2016/0151(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
Amendment 98 #
2016/0151(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the study on "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016,
Amendment 99 #
2016/0151(COD)
Draft legislative resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015,
Amendment 111 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article 1 a (new)
Chapter II – Article 1 a (new)
Amendment 112 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article 1 a (new)
Chapter II – Article 1 a (new)
Amendment 410 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 416 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point 2
Article 1 – paragraph 1 – point 1 – point 2
Directive 2010/13/EU
Chapter II – Article –2 a (new)
Chapter II – Article –2 a (new)
Amendment 21 #
2016/0142(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The circumstances mentioned in this Regulation for which the EU would be enabled to respond must nevertheless be accompanied by a robust set of guarantees and measures to protect human rights, along with reports and statistics supplied by the European agencies and the competent law enforcement authorities.
Amendment 59 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 539/2001
Article 1a – paragraph 4
Article 1a – paragraph 4
(i) The circumstances mentioned in this Regulation for which the EU would be enabled to respond must nevertheless be accompanied by a robust set of guarantees and measures to protect human rights, along with reports and statistics supplied by the European agencies and the competent law enforcement authorities.
Amendment 127 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data. The Agency should also develop information material, in cooperation with the relevant authorities of the Member States. The Agency should gradually become responsible for the transfer of applicants for, or beneficiaries of, international protection under this Regulation.
Amendment 165 #
2016/0133(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined Member State should be able to derogate from the responsibility criteria and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 170 #
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 betweenits swift implementation, procedures should be put in place to ensure the cooperation of applicants and Member States, wit 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 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 coverh a clear system of incentives and disincentives to ensure compliance. It is also necessary to ensure that all applicants are appropriately informed of the application of this Regulation. The support and protection of minors, in particular unaccompanied minors, should be strengthened.
Amendment 178 #
2016/0133(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to significantly improve the provision of information. Investing in the early provision of accessible information to applicants will greatly increase their possibilities to understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requirements and make effective use of common resources the European Union Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Agency should make full use of modern information technologies when developing that material. In order to properly assist asylum seekers the Agency should also develop audio-visual information material that can be used as a complement to written information materials. The Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.
Amendment 183 #
2016/0133(COD)
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible . As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them and of the possibility of presenting all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.
Amendment 191 #
2016/0133(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible on the basis that he has a family member or, for unaccompanied minors, a relative in another Member State. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 196 #
2016/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 202 #
2016/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and which shall fully respect the person's fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.
Amendment 209 #
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 shoppingfacilitate implementation of this Regulation. 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.
Amendment 230 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism, in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for whichorder to implement the principles of solidarity and fair sharing of responsibility on asylum among Member States enshrined in Article 80 TFEU. The application of the allocation mechanism should be permanent and automatic, whenever a Member State is responsible exceeds 150% of the figurcould not be identified in the reference keytermined according to the criteria set out in Chapter III and IV of this Regulation. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for which the Member State is responsible, for the purposes of this calculation.
Amendment 239 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) When the allocation mechanism applies, the applicants who lodged their applications in the benefittdetermining Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should deterexamine the Member State responsible, andapplication, unless new elements demonstrates that another Member State should become responsible for examining the application, unless the overriding responsible criteria, relateaccording to the criteria set out in Chapter III and IV of this Regulation, and in particular those related to the presence of family members, determine that a different Member State should be responsible.
Amendment 240 #
2016/0133(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 251 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 270 #
2016/0133(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent personsthe modalities and periodicity for providing applicants with information on the status of the procedure; of rules on the qualifications of and training for guardians and the modalities for their engagement with other actors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of standard operating procedures for cross-border cooperation among Member States regarding the assessment of the best interests of the child, family tracing and the identification of family members, siblings, relatives or any other family relations of an unaccompanied minor and for assessing the capacity of a relative to take care of an unaccompanied minor; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of rules concerning the modalities for the handover from guardian to guardian in the case of transfers; of uniform conditions and practical arrangements for the exchange of information on a person’'s health data before a transfer, and of secure electronic transmission channels for the transmission of requests..
Amendment 274 #
2016/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the identification of family members orperiodicity and modalities for providing information to applicants on the status of the procedures under this Regulation concerning them, the identification of family members, relatives or any other family relativeons of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person; and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 8 of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. .
Amendment 283 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 286 #
2016/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down the criteria and mechanisms for determining the single Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Member State responsible’).
Amendment 292 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons who has made an application for international protection in respect of which a final decision has not yet been taken;
Amendment 295 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 305 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor childrensons and daughters of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 308 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2 a (new)
Article 2 – paragraph 1 – point g – indent 2 a (new)
- the dependent married minor children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under national law;
Amendment 309 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is presentthe mother and the father of the applicant or beneficiary of international protection,
Amendment 314 #
2016/0133(COD)
- when the applicant is a minor and married, the father or mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 315 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when theif the applicant or beneficiary of international protection is a minor and unmarried, the famother, mothe father or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 319 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4 a (new)
Article 2 – paragraph 1 – point g – indent 4 a (new)
- when the beneficiary of international protection is a minor and married, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 327 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the grandparents of the applicant or beneficiary of international protection;
Amendment 328 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 b (new)
Article 2 – paragraph 1 – point g – indent 5 b (new)
- the grandchildren of the applicant;
Amendment 330 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 332 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child and exercising legal capacity fhis or the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulationr general well-being in all procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;
Amendment 353 #
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, which shall be the one which the criteria set out in Chapter III, IV and VII indicate is responsible.
Amendment 358 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining itshall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 362 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants applicant's fundamental rights would be violated in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 364 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III or to the first Member State with which the application was lodged, the determining Member State shall become the Member State responsible, the Member State responsible shall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 371 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 376 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 385 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 397 #
2016/0133(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The applicant shall submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member Statesll the available elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other elements provided by the applicant shall exceptionally be taken into consideration if the delay in submitting them is due to force majeure.
Amendment 406 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 419 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 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. This paragraph shall not apply to minors and families with children.
Amendment 430 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection;, except when provided within the allocation mechanism under the terms of Chapter VII.
Amendment 433 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) of the right for the applicant to provide information about the presence in any Member State of meaningful links relevant under the provisions of Chapter VII of this Regulation
Amendment 435 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined , in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;.
Amendment 439 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) of the provisions relating to family reunification, including the possibility provided by Article 13a, and in this regard on the applicable definition of family members and relatives as well as of the need for the applicant to disclose early in the procedure any relevant information that can help to establish the whereabouts of family members or relatives present in other Member States, as well as any assistance that the Member State can offer with regard to the tracing of family members, relatives, or other family relations.
Amendment 447 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) of the purpose of the personal interview pursuant to Article 7 and the obligation of submitting and substantiating information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such informations well as the type of elements, information and evidence that the applicant will be asked to submit for the purpose of determining responsibility, including for the application of the discretionary clauses;
Amendment 450 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility and modalities to challenge a transfer decision within 7 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;and the right to have an effective remedy before a court or tribunal in accordance with Article 28, including in a situation where no transfer decision is taken.
Amendment 453 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 459 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understandand in an easily understandable form. Specific material should be provided for minors. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose. The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment.
Amendment 467 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, by means of implementing actEuropean Asylum Agency shall, in close cooperation with the responsible national agencies, draw up a common leaflet, as well as a specific leaflet for unaccompanied minors,information materials containing at least the information referred to in paragraph 1 of this Article. Thisat common leafletinformation material shall also include information regarding the application of Regulation (EU) [Proposal for a Regulation recasting Regulation No 603/2013] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common leafletinformation material shall include information on Member States for the purposes of the allocation mechanism under Chapter VII, and shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2) of this Regulatione European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 470 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 480 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Member State may dispense with the personal interview where the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The Member State dispensing with the interview shall give the applicant the opportunity to present all further information which is relevant for correctly determining the Member State responsible before a final decision is taken to transfer the applicant to the Member State responsible pursuant to Article 30(1). In the period between the final decision and the actual transfer to a designated Member State, Member States shall exceptionally take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.
Amendment 481 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The personal interview shall take place in a timely manner and, in any event, before any take charge request pursuant to Article 24 is madedecision on the substance is taken.
Amendment 482 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 485 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate and, when the applicant is a minor, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 487 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 491 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information provided in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 496 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
Amendment 500 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leaflet for unaccompanied minorsinformation materials for unaccompanied minors. The guardian shall be appointed no later than five days from the moment when an unaccompanied minor arrives in the Member State.
Amendment 510 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 512 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) situations of vulnerability, including trauma, specific health needs and disability
Amendment 516 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d – point i (new)
Article 8 – paragraph 3 – point d – point i (new)
i) the need for decisions concerning children to be treated with priority
Amendment 517 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. situations of vulnerability, including abuse, trauma, specific health needs and disability;
Amendment 518 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. the need for decisions concerning children to be treated with priority;
Amendment 521 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transferon the Member State of allocation concerning an unaccompanied minor shall be preceded by an multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall be done swiftly by competent staff with the qualifications and expertise to ensure that the best interests of the minor are taken into considerationexpertise in child rights, psychology and development involving the minor's guardian and legal advisor or counsellor to ensure that the best interests of the minor are respected. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 526 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child, when relevant with the assistance of international or other relevant organisation to facilitate the minor's access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 530 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1 a (new)
Article 8 – paragraph new5 – subparagraph 1 a (new)
Before the transfer of an unaccompanied minor the authorities shall ensure the appointment of a guardian in the receiving Member State. The authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the modalities for the transfer. The Commission shall, by means of implementing acts, provide rules concerning the modalities for the transfer of guardianship.
Amendment 531 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 3
Article 8 – paragraph new5 – subparagraph 3
The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 542 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Member State responsible in accordance with the criteria set out in thisese Chapters shall be determined on the basis of the situation obtaining when the applicant first lodged his or her application for international protection with a Member State.
Amendment 545 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. In view of the application of the criteria referred to in Articles 10 to 13a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 549 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, provided that it isunless it is demonstrated that this is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesinor, the Member State responsible shall be the Member State where the father, mother, grandparent or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 552 #
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, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her appliand if no other criteria set out in Chapter III and IV apply, including Articles 19 and 20, the Member State responsible shall be determined by the allocation mechanism set out in Chapter VII, provided that the minor should be always granted the choice among the Member States of possible allocation faccor dinternational protection, unless it is demonstrated that this is not in the best interests of the minorg to Article 36c. Any decision on the Member State responsible should be preceded by a multidisciplinary assessment of the best interests of the minor, including in case of allocation.
Amendment 553 #
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, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection, unlis present, unless it is not in the best interests of the minor on the basis of the multidisciplinary besst it is demonstrated that this is not in the best interests of the minornterests assessment conducted in accordance with Article 8. Prior to such a determination the applicant shall be allowed to avail himself or herself of the procedures referred to in Article 19.
Amendment 561 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, provided that this is in the best interests of the minor.
Amendment 564 #
2016/0133(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Family member in a Member State Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin , who is a third country national with a long-term residence permit residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 572 #
2016/0133(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Family reunification procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indications that they are likely to have the right to family reunification in accordance with Articles 10, 11, 12 or 13. 2. In establishing whether there are sufficient indications that the applicant has family in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that the applicant has family members and/or relatives in that Member State in order to meet the requirements of paragraph 1. 3. If it is determined pursuant to paragraph 1 and 2 that an applicant likely has, prima facie, the right of family reunification in accordance with Articles 10, 11, 12 or 13 the determining Member State shall notify the Member State concerned thereof and the applicant shall be transferred to that Member State. 4. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 4 shall make the determination of whether the conditions for family reunifications in accordance with Article 10, 11, 12 or 13 are met. If it is determined that the conditions for family reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure in article 24a. 5. The authorities responsible of the Member State where the applicant claims to have family members and/or relatives present shall assist the authorities responsible of the determining Member State with answering any questions aimed at clarifying whether the alleged family links are correct. The absence of official documents issued by the State of origin cannot be the only reason for not declaring satisfied the requirements for family reunification, and other evidence should also be admitted, including the declarations from international organizations. 6. For the purposes of the procedures provided for in this Article, the Commission shall adopt an implementing act regarding the evidentiary requirements to prove relevant family links, including the type of proof or evidence required, including partial documentation issued by the State of origin or declarations from international organisations. A different understanding of such proof or evidence between the determining Member State and the Member State receiving the applicant shall not result in the applicant being subject to the procedure under Article 24a.
Amendment 587 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 596 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Where it is established, on the basis of proof or circumstantial evidence, that an applicant has crossed the border into the Member State where the application was lodged having come through another Member State, the Member State responsible for examining the application for international protection shall be determined in accordance with the procedure in Article 24a.
Amendment 601 #
2016/0133(COD)
Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be determining the Member State responsible for examining the application according to the criteria set out in Chapter III, IV and VII..
Amendment 602 #
2016/0133(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Centralised allocation mechanism When it is not possible to determine a Member State responsible according to the previous criteria under Chapters III and Articles 18, 18a and 19 do not apply, the Member State responsible shall be determined with the allocation mechanism set out in Chapter VII of this Regulation.
Amendment 603 #
2016/0133(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of originbefore the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. When the applicant is affected by a serious disease or inability and it is not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, Member States shall normally keep the applicant on the territory of the Member State in which the applicant is present, if the person concerned expressed his desire in writing.
Amendment 612 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 633 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) take back, under the conditions laid down in Articles 26 and 30if a beneficiary of international protection, who made makes an application in another Member State than the Member State responsible which granted that protection status or who is on the territory of another Member State than the Member State responsible which granted that protection without a residence document, the Member State where he or she made the application should recognize its status of beneficiary of international protection granted by the other Member State.
Amendment 635 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In a situation referred to in point (a) or (b) of paragraph 1, the Member State responsible shall examine or complete the examination of the application for international protection.
Amendment 641 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. In a situation referred to in point (d) of paragraph 1, twhe decision taken by the responsible authority of the Member State responsible to reject the application shall no longer be subject to a remedy within the framework of Chapter Vre the applicant has been rejected at first instance only, the Member State responsible shall ensure that the person concerned has or has had the opportunity to seek an effective remedy pursuant to Article 46 of Directive 2013/32/EU.
Amendment 644 #
2016/0133(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Cessation of responsibilities 1. Where a Member State issues a residence document to the applicant, the obligations specified in Article 20(1) shall be transferred to that Member State. 2. The obligations specified in Article 20(1) shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible. 3. The obligations specified in Article 20(1)(c) and (d) shall cease where the Member State responsible can establish, when requested to take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 651 #
2016/0133(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. An applicant who is present in another Member State without a residence document or who there lodges an application for international protection after withdrawing his or her first application made in a different Member State during the process of determining the Member State responsible shall be taken back, under the conditions laid down in Articles 26 and 30, by the Member State with which that application for international protection was first lodged, with a view to completing the process of determining the Member State responsible. That obligation shall cease where the Member State requested to complete the process of determining the Member State responsible can establish that the applicant has in the meantime left the territory of the Member States for a period of at least three months or has obtained a residence document from another Member State. An application lodged after the period of absence referred to in the second subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 681 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
If none of the criteria set out in Chapter III and IV apply, the determining Member State should determine the Member State responsible with the allocation mechanism according to the procedure laid down in Chapter VII.
Amendment 705 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In a situation referred to in Article 20(1)(b), (c), (d) or (ed) the Member State where the person is present shall make a take back notification at the latest within two weeks after receiving the Eurodac hit, and transfer that person to the Member State responsible .
Amendment 707 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1 a. Where the take back request is not made within the periods laid down in paragraph 2, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 723 #
2016/0133(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the applicant or another person referred to in Article 20(1) (c), (d) or (ed) is to be taken back, the Member State where the person concerned is present shall notify the person concerned in writing without undue delay the decision to transfer him or her to the Member State responsible.
Amendment 724 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant or another person as referred to in Article 20(1)(c), (d) or (ed) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 738 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation for minor applicants and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 744 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 2
Article 28 – paragraph 7 – subparagraph 2
Amendment 745 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 3
Article 28 – paragraph 7 – subparagraph 3
Amendment 746 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 4
Article 28 – paragraph 7 – subparagraph 4
Amendment 751 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When there is a significant risk of absconding,In exceptional cases Member States may detain thea person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment andonly where the applicant has been intercepted after having tried to abscond or where it appears evident on the basis of his or her concrete behavior that he or she intends to abscond, and in any case only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Minors shall never be detained.
Amendment 756 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case it shall not exceed 3 months.
Amendment 757 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 a (new)
Article 29 – paragraph 3 – subparagraph 1 a (new)
Minors shall not be detained; Member States shall instead accommodate minors and families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 758 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 2
Article 29 – paragraph 3 – subparagraph 2
Amendment 763 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Detention of applicants shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.
Amendment 764 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. As regards the detention conditions, which shall fully respect the person´s fundamental rights, and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.
Amendment 766 #
2016/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
The determining Member State whose take charge request referred to in Article 20(1) (a) was accepted or who made a take back notification referred to in Article 20(1) (b) to (ed) shall take a transfer decision at the latest within one week of acceptance or notification and transfer the applicant or the person concerned to the Member State responsible.
Amendment 768 #
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 (ed) 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 .
Amendment 770 #
2016/0133(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The costs necessary to transfer an applicant or another person as referred to in Article 20(1)(c), (d) or (ed) to the Member State responsible shall be met by the transferring Member Stategeneral budget of the Union.
Amendment 771 #
2016/0133(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
Amendment 780 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied for the benefit ofall the applications for which a Member Sstate, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation responsible could not be determined according to the criteria set out in Chapter III and IV of this Regulation, and also in the cases in which Article 24a applies.
Amendment 787 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 807 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 808 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
Amendment 820 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For the purpose of the correctiveallocation mechanism, the reference number for each Member State shall be determined by a key.
Amendment 846 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 867 #
2016/0133(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Application of the allocation mechanism 1. When it was not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, the determining Member State shall communicate to the applicant that he will be allocated. 2. If the applicant has meaningful links with a Member State, the determining Member State should follow the procedure laid down in Article 36b. 3. When the procedure laid down in Article 36b does not apply, the determining Member State should follow the procedure of Article 36c.
Amendment 869 #
2016/0133(COD)
Proposal for a regulation
Article 36 b (new)
Article 36 b (new)
Amendment 870 #
2016/0133(COD)
Proposal for a regulation
Article 36 c (new)
Article 36 c (new)
Article 36 c Determination of the Member State of allocation 1. On the basis of the reference key referred to in Article 35, the automated system referred to in Article 44(1) shall indicate the six Member States with the lowest number of applicants relative to their share of the fair distribution. 2. The determining Member State shall consult the automated system and communicate the short list of six Member States to the applicant. The applicant shall be enabled to choose among the six Member States included in the list, within 7 days. For this purpose, the applicant shall receive information on the possible Member States of allocation. The determining Member State shall communicate immediately the choice to the automated system and the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 3. When Article 24a applies, the applicant will not be able to make the choice provided by paragraph 2, and the Member State responsible will be determined randomly by the automated system. The automated system shall communicate that information to the determining Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 4. In cases of allocation of a minor, under the conditions set by Article 10, the choice provided by paragraph 2 shall always be granted and shall be accompanied by a multidisciplinary assessment of the best interests of the minor.
Amendment 926 #
2016/0133(COD)
Proposal for a regulation
Article 38 – title
Article 38 – title
Obligations of the benefittdetermining Member State under the allocation mechanism
Amendment 927 #
2016/0133(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
The benefittdetermining Member State shall:
Amendment 929 #
2016/0133(COD)
Proposal for a regulation
Article 38 – paragraph a
Article 38 – paragraph a
(a) take a decision at the latest within one week from the communication referred to in Article 36(4c(2) or (3) to transfer the applicant to the Member State of allocation, unless the benefittdetermining Member State can accept within the same time limit responsibility for examining the application pursuant to the criteria set out in Articles 10 to 13 and Article 18 or 19;
Amendment 936 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) confirm to the benefittdetermining Member State the receipt of the allocation communication and indicate the competent authority to which the applicant shall report following his or her transfer;
Amendment 937 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) communicate to the benefittdetermining Member State the arrival of the applicant or the fact that he or she did not appear within the set time limit;
Amendment 938 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) examine his or her application for international protection as Member State responsible, unless, new elements demonstrate that according to the criteria set out in Articles 10 to 13 and 16 to 18, a different Member State is responsible for examining the application;
Amendment 945 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Where a transfer decision according to point (a) of Article 38 is taken, the benefittdetermining Member State shall transmit, at the same time and for the sole purpose of verifying whether the applicant may for serious reasons be considered a danger to the national security or public order, the fingerprint data of the applicant taken pursuant to Regulation (Proposal for a Regulation recasting Regulation 603/2013/EU) to the Member State of allocation.
Amendment 946 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1
Article 40 – paragraph 2 – subparagraph 1
Where, following a security verification, information on an applicant reveals that he or she is for serious reasons considered to be a danger to the national security or public order, information on the nature of the alert shall be fully shared with the law enforcement authorities in the benefittdetermining Member State and shall not be communicated via the electronic communication channels referred to in Article 47(4).
Amendment 947 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
The Member State of allocation shall inform the benefittdetermining Member State of the existence of such alert, specifying the law enforcement authorities in the Member State of application that have been fully informed, and after a joint evaluation of the security risks by the competent authorities of both Member States, the Member State of allocation shall record the existence of the alert in the automated system pursuant to point d of Article 23(2), within one week of receipt of the fingerprints.
Amendment 950 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order, the benefittdetermining Member State of application shall be the Member State responsible and shallmay examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU.
Amendment 957 #
2016/0133(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State. In the case of minors, the same applies to relatives or other adults responsible for them.
Amendment 966 #
2016/0133(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Amendment 972 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 986 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39, and for the procedure of Article 36c.
Amendment 992 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 1001 #
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 following3), after 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 Regulation.
Amendment 1004 #
2016/0133(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 10(68(6), 10(6), 18(3) and 18a(3) shall be conferred on the Commission for a period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 1005 #
2016/0133(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The delegation of power referred to in Articles 10(68(6), 10(6), 18(3) and 18a(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1006 #
2016/0133(COD)
Proposal for a regulation
Article 57 – paragraph new6
Article 57 – paragraph new6
new6. A delegated act adopted pursuant to Articles 10(68(6), 10(6), 18(3) and 18a(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1009 #
2016/0133(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the corrective allocation mechanism set out in Chapter VII of this Regulation and in particular the thresholds set out in Article 34(2) and Article 43 thereof.
Amendment 78 #
2016/0132(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential part of the comprehensive efforts to address migration and, in particular, to reduce and deter irregular migration. To increase the effectiveness of the Union system to return illegally staying third- country nationals is needed in order to maintain public trust in the Union migration and asylum system, and should go hand in hand with the efforts to protect those in need of protection. _________________ 26 Directive of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24,12,2008, p. 98.
Amendment 83 #
2016/0132(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Member States should have a reasonable deadline of 15 days after the end of authorised stays for fulfilling their obligations under this Regulation in respect of comparing, collecting and transmitting fingerprint and facial image data of illegally staying third-country nationals who entered by irregularly crossing the external border of the Schengen area.
Amendment 111 #
2016/0132(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes byrelating to the prequesting Member State in accordance with that State's laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the childvention, detection and investigation of child trafficking and for the protection of missing children and for taking measures for family tracing and reunification.
Amendment 119 #
2016/0132(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach to taking fingerprints of irregular third-country nationals. and the European Union Agency for Fundamental Rights' (FRA) checklist to act in compliance with fundamental rights when obtaining fingerprints for Eurodac.34a Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third-country nationals and stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law. _________________ 34. _________________ 34 COM(2015) 150 final, 27.5.2015 COM(2015) 150 final, 27.5.2015 34aFRA(2015) Fundamental rights implications of the obligation to provide fingerprints for Eurodac, 22.10.2015
Amendment 153 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegalrregularly staying third- country nationals and stateless persons for determining the appropriate measures to be taken by Member States, if applicable, including removal and repatriation of persons residing without authorisation or granting permanent resident status.
Amendment 162 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) assist the Member States in protecting and identifying child victims of trafficking in human beings and in protecting and identifying missing children and taking measures for family tracing and reunification
Amendment 169 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States are obliged to take the fingerprints and facial image of persons referred to in Article 10(1), 13(1) and 14(1) for the purposes of Article 1(1)(a), (b) and (bca) of this Regulation and shall impose on the data-subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with Article 30 of this Regulation. Member States shall, at all times, respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image.
Amendment 180 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed in written form, in oral form or both, in an age-appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.
Amendment 185 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States may introduce, where appropriate, well justified administrative sanctions, in accordance with their national law and with full respect of the Charter of Fundamental Rights of the European Union, for non- compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should only be used as a means of last resort in order to determine or verify a third-country national's identity, for as short a time as possible and necessary, should only be used as a means of last resort after effective counselling if there is no other way to determine or verify a third-country national's or stateless person's identity and there is a risk of absconding. Detention of minors shall be prohibited.
Amendment 191 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals or stateless persons who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image nor mental or physical coercion. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non- compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.
Amendment 216 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes and in strict compliance with Article 17 of the Staff Regulations on professional secrecy for every person involved in the testing only in the following circumstances:
Amendment 224 #
2016/0132(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Each Member State shall keep a list of the designated authorities and communicate it without delay to the Commission and to eu-LISA. Eu-LISA shall publish the consolidated list in the Official Journal of the European Union. Where that list has been amended, eu- LISA shall publish once a year an updated consolidated list online.
Amendment 231 #
2016/0132(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which shall act independently of the designated authority referred to in paragraph 2 of this Article when performing its tasks under this Regulation and shall not receive instructions from the designated authority as regards the outcome of the verification. The unit shall ensure that the conditions for requesting comparisons of fingerprints and facial images with Eurodac data are fulfilled. Europol shall designate in agreement with any Member State the National Access Point of that Member State whichWhere the conditions are fulfilled, Europol shall communicate its requests for comparison of fingerprint and facial image data to the Central System.
Amendment 234 #
2016/0132(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For the purposes laid down in Article 1 (1)(c), Europol shall designate an operating unit that is authorised to request comparisons with Eurodac data through its designated National Access Point. The designated authority shall be an operating unit of Europol which is competent to collect, store, process, analyse and exchange information to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling within Europol's mandate.
Amendment 251 #
2016/0132(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The monthly statistical data for persons referred to in paragraph1(a) to (h) shall be published and made public by each month and shall contain a breakdown of the data subjects' year of birth and gender. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu-LISA . The statistics shall contain a breakdown of data for each Member State.
Amendment 267 #
2016/0132(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 269 #
2016/0132(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(g a) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help with possible family tracing or reunification;
Amendment 281 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 283 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point g a (new)
Article 13 – paragraph 2 – point g a (new)
(ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification;
Amendment 297 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 298 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point g a (new)
Article 14 – paragraph 2 – point g a (new)
(ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification.
Amendment 301 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States may waive the obligations laid down in paragraphs 1 and 2 in respect of illegally residing third- country nationals who entered by irregularly crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.
Amendment 365 #
2016/0132(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) and 8(2) may submit a reasoned electronic request as provided for in Article 21(1) together with the reference number used by them, to the verifying authority for the transmission for comparison of fingerprint and facial image data to the Central System, the designated authorities referred to in Article 6(1) via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison referred to in Articles 21 or 22, as appropriate, are fulfilled.
Amendment 416 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Where a person covered by Article 10(1), Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner and in a child-friendly environment.
Amendment 419 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 3
Article 30 – paragraph 3 – subparagraph 3
The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the possible administrative sanctions under national law, which a person could face for non-compliance with the fingerprinting process and capturing a facial image, the rights of the data subject, the possibility of information and assistance by the national supervisory authorities, as well as the contact details of the office of the controller and of the data protection officer, and the national supervisory authorities.
Amendment 432 #
2016/0132(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 440 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point c a (new)
Article 38 – paragraph 1 – point c a (new)
(ca) a final decision on the third- country national's application for international protection has been taken.
Amendment 441 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(a) and (b) shall not be transferred to third countries if there is a real risk that as a result of such transfer the data subject may be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.
Amendment 443 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 472 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director, after consultation with the Commission, shall submit draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations and ten days in the event of the situation referred to in point (c) of paragraph 1. The draft recommendations shall be transmitted to the European Parliament. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings. The recommendations shall be made publicly available.
Amendment 519 #
2016/0131(COD)
Proposal for a regulation
Article 17 – paragraph 8 a (new)
Article 17 – paragraph 8 a (new)
8 a. The Agency shall inform the European Parliament on an annual basis of the number of experts deployed to the asylum support teams in accordance with this Article. This report shall list the Member States that have invoked the exceptional situation referred to in paragraph 6 in the previous year. It shall also include the reasons and information provided by the Member State concerned.
Amendment 527 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Executive Director may verify whether the experts proposed by Member States correspond to the defined profiles and qualifications and shall decide on the experts to be chosen from the asylum intervention pool. The Executive Director may request the Member State to remove an expert from the asylum intervention pool where those requirements are not met or in case of misconduct or infringement of the applicable deployment rules.
Amendment 530 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. The Agency shall inform the European Parliament on an annual basis of the number of experts that each Member State has committed and the number experts actually deployed from the pool to the different teams in accordance with this Article.
Amendment 604 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament. The Agency shall inform the European Parliament before a working arrangement is concluded.
Amendment 617 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 6 a (new)
Article 35 – paragraph 6 a (new)
6 a. The Agency shall inform the European Parliament of activities conducted pursuant to this Article. It shall include an assessment of the cooperation with third countries in its annual reports
Amendment 676 #
2016/0131(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59 a Prevention of conflicts of interest The Agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations.
Amendment 222 #
2016/0106(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender expression, gender identity or sexual orientation.
Amendment 246 #
2016/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is necessary to designate the competent authorities of the Member States as well as the central access point through which the requests for access to EES data are made and to keep a list of the operating units within the designated authorities that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. Member States should also adopt measures to prevent and sanction unlawful use of the system.
Amendment 279 #
2016/0106(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Precise rules should be laid down as regards the responsibilities for the development and operation of the EES and the responsibilities of the Member States for the connection to the EES. Member States should be able to use resources available through their national programmes under the Internal Security Fund for the development and operation of the EES at national level. The Agency for the operational management of large- scale information systems in the area of freedom, security and justice, established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council28, should be responsible for the development and operational management of a centralised EES in accordance with this Regulation and the relevant provisions of Regulation (EU) No 1077/2011 should be amended accordingly. _________________ 28 Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p 1).
Amendment 353 #
2016/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu-LISA') shall develop the EES and ensure its operational management, including the functionalities for processing biometric data referred to in Article 14(1)(f) and Article 15, as well as adequate security.
Amendment 371 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) In addition to paragraph 1, for the purpose of the prevention, detection and investigation of terrorist offences or of other serious criminal offences and in accordance with the conditions set out in this Regulation, the EES shall: (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used.)
Amendment 397 #
2016/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 427 #
2016/0106(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d). The web service shall on that basis provide the carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received for a maximum of 48 hours after which the data shall be automatically deleted.
Amendment 430 #
2016/0106(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Detailed rules on the conditions for operation of the web service and the data protection and security rules applicable to the web service shall be adopted in accordance with the examination procedure referred to in Article 61(2). Relevant stakeholders shall be consulted in the development phase of the web service.
Amendment 437 #
2016/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where it is necessary to create or update the individual file data of a visa holder, the border authorities may retrieve and import the data provided for in Article 14(1) (d), (e) and to (g) directly from the VIS in accordance with Article 18a of Regulation (EC) No 767/2008.
Amendment 444 #
2016/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the facial image, where possible extracted electronically from the eMRTD or the VIS, and where this is not possible, taken live. Facial images taken live shall be in accordance with the specifications for the minimum level of quality for the resolution and use of facial images taken live adopted by the Commission in accordance with the examination procedure referred to in Article 61(2);
Amendment 459 #
2016/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
However, where the physical impossibility is of a temporary nature, the person shall be required to give the fingerprints at the subsequent entry. The border authorities shall be entitled to request further clarification on the grounds for the temporary impossibility to provide fingerprints. This information shall be limited to what is strictly necessary for the clarification of such grounds and shall be stored in the individual file until such time as the person is able to give fingerprints but no longer than the retention period for that individual file.
Amendment 517 #
2016/0106(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. In an exceptional case of urgency, where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 29 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay and not later than 48 hours after the processing of the request.
Amendment 529 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) evidence or reasonable grounds exist to consider that the consultation of the EES data may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
Amendment 558 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The processing of information obtained by Europol from consultation with EES data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State. The European Data Protection Supervisor shall monitor the processing of personal data by Europol.
Amendment 592 #
2016/0106(COD)
Proposal for a regulation
Article 32 – paragraph 6 – introductory part
Article 32 – paragraph 6 – introductory part
6. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(3) before the expiry of the period referred to in Article 31, the individual file and the records linked to it in accordance with Articles 14 and 15 shall be deleted without delay, without delay and in any event no later than 48 hours from the moment the relevant Member State becomes aware of that fact, be deleted from the EES as well as, where applicable, from the list of identified persons referred to in Article 11:
Amendment 595 #
2016/0106(COD)
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The Central System shall immediately inform all Member States and eu-LISA of the erasure of data from the EES and where applicable from the list of identified persons referred to in Article 11.
Amendment 599 #
2016/0106(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(aa) the specifications for the minimum level of quality for the resolution and use of facial images extracted electronically from the eMRTD or the VIS and for facial images taken live for biometric verification and identification in the EES;
Amendment 612 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 4
Article 34 – paragraph 1 – subparagraph 4
The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination as well as of the carrying out of risk assessments on the system. Throughout the entire life cycle of the system, the development principles of privacy by design and privacy by default shall be taken fully into account.
Amendment 621 #
2016/0106(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. eu-LISA shall keep the European Data Protection Supervisor informed throughout the entire life cycle of the EES from its development to its operation and data.
Amendment 632 #
2016/0106(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point d a (new)
Article 38 – paragraph 2 – point d a (new)
(da) a final decision ordering the return of the third-country national has been issued by the appropriate competent authority of the Member State in which the third-country national has been staying.
Amendment 667 #
2016/0106(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least every fourtwo years.
Amendment 672 #
2016/0106(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least every fourtwo years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the national supervisory authorities. eu- LISA shall be given an opportunity to make comments before the report is adopted.
Amendment 674 #
2016/0106(COD)
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The European Data Protection Supervisor shall be allocated the resources adequate and necessary for the fulfilment of the tasks entrusted to it under this Regulation.
Amendment 710 #
2016/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the EES, eu-LISA shall submit a report to the European Parliament and the Council, the Council and the European Data Protection Supervisor on the state of play of the development of the Central System, the Uniform Interfaces and the Secure Communication Infrastructure between the Central System and the Uniform Interfaces. Once the development is finalised, a report shall be submitted to the European Parliament and the Council, the Council and the European Data Protection Supervisor explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 711 #
2016/0106(COD)
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
4. Two years after the start of operations of the EES and every two years thereafter, eu-LISA shall submit to the European Parliament, the Council and, the Commission and the European Data Protection Supervisor a report on the technical functioning of EES, including the security thereof.
Amendment 715 #
2016/0106(COD)
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. Threewo years after the start of operations of the EES and every fourtwo years thereafter, the Commission shall produce an overall evaluation of the EES. This overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights, and assessing the continuing validity of the underlying rationale, the application of the Regulation, the security of the EES and any implications on future operations, and shall make any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament and the Council, the Council and the European Data Protection Supervisor.
Amendment 32 #
2015/2342(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that migrant smuggling and human trafficking are different phenomena, but that there can also be a crossover between the two, entailing the risk that criminals groups force refugees and migrants into exploitation as victims of trafficking, in particular unaccompanied minors and women travelling alone; reaffirms that measures taken against human trafficking shouldn't adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection; asks to put an end immediately to the detention of victims of human trafficking and children;
Amendment 66 #
2015/2342(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that displaced persons who are in a situation of vulnerability, such as women, children or LGBTI people, face a heightened risk of discrimination, exploitation and abuse along migration routes, meaning that they need to be granted special support and protection; calls on the European Union to develop training programmes in its cooperation with third countries related to the specific needs of vulnerable refugees and migrants;
Amendment 94 #
2015/2342(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls the European Union to put the situation of Syrian minor refugees at the top of the EU's priorities and to set a clear and comprehensive European strategy for unaccompanied minors;
Amendment 112 #
2015/2342(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Expresses its concern about the treatment of migrants who are sent back to their country of origin or to a third country; underlines that they should be granted full safety and protection from degrading and inhuman treatment, including in detention centres; recalls that people should not be forcibly sent or returned to countries where there is a risk of threat on their life, of persecution and more generally of violation of their human rights;
Amendment 128 #
2015/2342(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for the assessment and budgetary control of funds used as part of the Union’s external policies on migration and calls on the European Union to request greater transparency in the management of these funds;
Amendment 131 #
2015/2342(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses the great solidarity and effort demonstrated by Lebanon and Jordan, which host alone around 1.7 million Syrian refugees, in addressing refugee crisis and calls on the European Union to renew its commitment and financial support to UNRWA, operating in both countries;
Amendment 19 #
2015/2340(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that trafficking in human beings, as a serious crime which constitutes one of the worst forms of human rights violations, has to be understood in a holistic manner, focusing not only on sexual exploitation, but also - in particular- on forced labour, organ trafficking, forced begging, forced marriages, child soldiers or trafficking of babies;
Amendment 41 #
2015/2340(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to tackle human trafficking, the majority of whose victims are members of the most vulnerable social groups, in particular women, who are exploited for principally for sexual purposes, and children and elderly and disabled persons, who are forced into begging or exploited for the purpose of organ trafficking;
Amendment 42 #
2015/2340(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern that according to Europol at least 10 000 unaccompanied child refugees have vanished after arriving in Europe and having been registered by state authorities, that many are feared to have fallen into the hands of criminal groups, and that there is little information about what happens after their disappearance; deplores that children at risk are frequently treated as offenders or irregular migrants by law enforcement officials who do not systematically look for indicators of human trafficking to identify victims;
Amendment 45 #
2015/2340(INI)
Draft opinion
Paragraph 6 – subparagraph 1 (new)
Paragraph 6 – subparagraph 1 (new)
Points out that poverty, sexual and ethnic discrimination, ignorance, disinformation, political and economic crises, armed conflict and natural disasters provide fertile ground for child traffickers;
Amendment 45 #
2015/2340(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that it is essential as regards unaccompanied minors to achieve a better and more proactive identification of children victims of trafficking, in particular at border crossings and in reception centres, as well as a stronger multi-disciplinary cooperation to ensure the best interests of the child are effectively protected; underlines that it is also imperative to promptly appoint legal guardians to all unaccompanied children and to ensure that the latter are properly trained; recalls that, according to the Directive 2011/36/EU, "Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child"; believes a durable solution can be found through integration of the child into her or his host society, or facilitation of family reunification in order to enable the child to join her or his family in another Member State;
Amendment 46 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 46 #
2015/2340(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Considers that being a refugee, an asylum seeker, a humanitarian visa holder or a person in need of international protection should be considered as a factor of vulnerability for human trafficking victims; calls on the Member States to ensure that law- enforcement authorities and asylum authorities cooperate in order to help human trafficking victims in need of international protection to lodge an application for protection; reaffirms that measures taken against human trafficking shouldn't adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection;
Amendment 50 #
2015/2340(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Points out that, according to conservative estimates published by the International Organisation for Migration, child trafficking generates profits of around EUR 7.6 billion each year;
Amendment 50 #
2015/2340(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Recalls Article 82(1) of the Treaty on the Functioning of the European Union provides that judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions, and whereas this should include decisions concerning protection measures for victims of crime, including victims of trafficking;
Amendment 51 #
2015/2340(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Draws attention to the need to address the problem of the disappearance of unaccompanied migrant children following their arrival in Europe and to the fact that Europol has put the number of those currently missing at 10 000;
Amendment 52 #
2015/2340(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Points out that the children most exposed to the risk of exploitation, abuse and violence are those who do not have a birth certificate and therefore legally do not exist; stresses the need, therefore, to take steps to guarantee every child's right to a name and a nationality and to be entered in a register of births;
Amendment 53 #
2015/2340(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on authorities to use the best interest of the child as their guiding principle in all action that they take;
Amendment 67 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that, when Member States conduct individual risk assessment so as to ensure victims of trafficking receive appropriate protection, including through witness protection programmes, they should take into account vulnerability factors, such as gender, pregnancy, health conditions, disability, sexual orientation, age, and the status of refugee, asylum seeker or a person in need of international protection;
Amendment 90 #
2015/2340(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Believes that Member States should make better use of NGOs' expertise which are active in the fight against trafficking in human beings, so as to enrich existing tools for identification, assistance and protection of victims;
Amendment 95 #
2015/2340(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Calls on the Member States to collect more comparable data on the fight against human trafficking and to improve the exchange of such data between them and with third countries, in full respect of EU standards on data protection, so as to be able to better understand and analyse this complex phenomenon; underlines that these data should also cover protection and assistance mechanisms for victims and the results of actions undertaken against trafficking; urges the Commission to publish the implementation report of Directive 2011/36/EU as soon as possible this year, even more considering that it was due to be presented in April 2015;
Amendment 4 #
2015/2258(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the study of the European Union Agency for Fundamental Rights of December 2015 on ‘Violence against children with disabilities: legislation, policies and programmes in the EU’,
Amendment 75 #
2015/2258(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States and the Commission to take steps to combat all forms of discrimination, including multiple and intersectional discrimination based on disability, with special regard to women and children with disabilities and to those whose disabilities change over time; recommends that all disability strategies include special provisions to address and mainstream the rights of children with disabilities; invites Member States and the Commission to address violence against children with disabilities through an integrated approach, setting out specialised measures and accessible support services within child protection systems;
Amendment 80 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses on the need to increase support and specific provisions for persons with disabilities in humanitarian settings, in particular children, and calls on the European Commission to map down investments and funding in support of persons with disabilities in emergencies, including gender and age disaggregated data;
Amendment 83 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the importance of achieving all disability related Sustainable Development Goals, in particular regarding Goal 4 on ensuring inclusive, equitable quality education and the need to increase the number of schools with access to adapted infrastructure and materials for students with disabilities and to invest in teacher competencies for inclusive education and participation of children in school and the community;
Amendment 84 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to include in the next Agenda on the Rights of the Child a comprehensive rights-based strategy for boys and girls with disabilities and safeguards to protect their rights;
Amendment 85 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the European Commission and Member States to ensure that boys and girls with disabilities and their representative organisations be consulted in all matters affecting them - with appropriate assistance provided, according to their disability and age;
Amendment 131 #
2015/2258(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that the European Structural and Investment Funds are being misused to foster institutionalisation, and calls on the Member States and the Commission to strengthen their monitoring in line with the CRPD and in consultation with disability organisations; calls on the European Commission and Member States to take necessary measures, including through the use of ESI Funds and other relevant European Union funds, to develop support services in local communities for boys and girls with disabilities and their families, foster deinstitutionalisation and prevent new institutionalisation, and promote social inclusion and access to inclusive quality education for boys and girls with disabilities;
Amendment 138 #
2015/2258(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to prevent or alleviate poverty, vulnerability and social exclusion among persons with disabilities and their families, with special regard to children with disabilities, in the context of a European Pillar of Social Rights;
Amendment 2 #
2015/2229(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention on the Rights of the Child and to the European Parliament resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child,
Amendment 10 #
2015/2229(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Council conclusions of 5 December 2014 on the promotion and protection of children's rights,
Amendment 41 #
2015/2229(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in 2014 an estimated 230 million children currently living in countries and areas affected by armed conflicts are exposed to extreme violence, trauma, forcibly recruited and deliberately targeted by violent groups;
Amendment 135 #
2015/2229(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that 132 human rights country strategies (HRCS) have been endorsed by the Political and Security Committee, following concerted efforts by the EU Delegations, EU institutions and Member States; reiterates its support for the objective of the HRCS, which is to tailor the EU’s action in each country to its specific situation and needs; calls for further improvement in cooperation between EU Delegations, Member States’ embassies and EU institutions in drawing up and implementing the HRCS; notes that 86 EU Delegations have recognised children's rights as a priority and welcomes the inclusion of children rights in the human rights dialogues;
Amendment 162 #
2015/2229(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Strongly underlines the importance of systematically assessing the implementation of the EU Guidelines on Human Rights, including the implementation of the EU Guidelines for the Promotion and Protection of the Rights of the Child, by using well-defined benchmarks; considers that, in order to ensure proper implementation of the Guidelines, further measures aimed at raising awareness of their content among EEAS and EU Delegation staff must be taken;
Amendment 179 #
2015/2229(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores the fact that the proper implementation of legal frameworks for the protection of minorities remains a challenge, as stated in the Commission’s Enlargement Strategy for 2014-2015; invites the enlargement countries to step up their efforts to forge a culture of acceptance of minorities through, for example, improved inclusion of minorities in the education system with a special focus on Roma children;
Amendment 272 #
2015/2229(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its full support for the EU’s strong engagement in promoting the advancement of human rights and democratic principles through cooperation with the structures of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development, in line with Articles 21 and 220 TEU; welcomes therefore the adoption of the Sustainable Development Goals;
Amendment 348 #
2015/2229(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Recalls that the 2014 Sakharov Prize was awarded to Dr Denis Mukwege for his strong engagement with victims of sexual violence and continuous promotion of women’s rights; strongly condemns all forms of abuse and violence against women and girls, including female genital mutilation, child marriage and other forms of harmful traditional practices;
Amendment 355 #
2015/2229(INI)
Motion for a resolution
Paragraph 69 c (new)
Paragraph 69 c (new)
69c. Strongly condemns the continued use of rape against women and girls as a weapon of war; stresses that more needs to be done to ensure respect of international law and access to health and psychological care for women and girls abused in conflicts; calls on the EU, the Member States, international organisations, and civil society to increase cooperation to raise awareness and combat impunity;
Amendment 366 #
2015/2229(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Welcomes the Council conclusions on the promotion and protection of the rights of the child, adopted in December 2014, and calls for the EU to continue supporting partner countries in combatting all forms of violence against children and reinforcing their capacities to protect children’s rights; welcomes the global roll-out in 2014 of the EU-UNICEF Child Rights Toolkit reaffirming the EU's commitment to mainstream children's rights in all sectors and policies;
Amendment 374 #
2015/2229(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates its request for the Commission to propose a comprehensive Child Rights Strategy and Action Plan for the next five years, supporting the EU’s efforts to promote children’s rights, namely by contributing to ensuring children’s access to water, sanitation, healthcare and education, as well as by eliminating child labour and assisting children in armed conflicts; commends the "Children No Soldiers" campaign and calls on the EU and Member States to step up their support in order to reach the target of ending the recruitment and use of children in conflicts by government armed forces by 2016.
Amendment 376 #
2015/2229(INI)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73 b. Underlines that children are particularly vulnerable in the current refugee and migrant crisis and especially when unaccompanied and that conflicts and instability have uprooted millions of children across several countries around Europe; calls on the Member States to take into account the best interest of the child in all procedures and ensure protection for children and particularly access to safe water, food, health care and education;
Amendment 2 #
2015/2129(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 7, 8, 24, 47, 48 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 6 #
2015/2129(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on final evaluation of the multi-annual EU programme on protecting children using the Internet and other communication technologies (Safer Internet),
Amendment 7 #
2015/2129(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
– having regard to FRA report of 27 February 2017 on child-friendly justice: Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States,
Amendment 8 #
2015/2129(INI)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
– having regard to Communication from the Commission to the European Parliament and the Council on the protection of children in migration[1], [1] COM (2017) 211.
Amendment 14 #
2015/2129(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the use of the terminology “Child Pornography" is highly detrimental to victims who insist that their abuse must be referred to by name and be rightly labelled as “Child Sexual Abuse Material”;
Amendment 15 #
2015/2129(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas one of the main challenges for investigating child sexual abuse and prosecuting perpetrators is the lack of reporting by victims; notes that the lack of reporting is higher among boys;
Amendment 16 #
2015/2129(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is concerned that the non- consensual distribution of erotic or pornographic material, including online and through social media, such as the phenomenon of so-called ‘revenge porn’– a rapidly increasing form of abuse and persecution – overwhelmingly affects women and girls, some of whom are under the legal age of consent; calls on the Member States to step up concrete measures to combat this new form of crime and on the internet industry to take their shared responsibility; emphasises the need to educate young girls on the possible consequences of taking intimate photographs or videos of themselves;
Amendment 22 #
2015/2129(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need to raise awareness at an early stage among all girls and boys about staying safe and about the importance of respecting the dignity and privacy of others in the digital era; encourages Member States to share best practices on education material and training programmes for all actors involved, such as teachers, educators, law enforcement authorities on grooming and other forms of risk to the safety of children online, in particular for girls;
Amendment 32 #
2015/2129(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to step up measures to protect victims of child sexual abuse and to improve the role of national helplines, with a gender sensitive approach;
Amendment 40 #
2015/2129(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regrets that the Commission was not able to present its implementation reports within the deadline set out in Article 28 of Directive 2011/93/EU and thereforeat the Reports presented by the Commission documented only the mere transposition into national law by Member States and did not fully assess the compliance of the Directive; therefore, calls on the Commission to present a more comprehensive report focusing on enforcement by Member States; calls on the Member States to ensure that legal transposition is translated into effective implementation so as to ensure the protection of child victims and zero tolerance for child sexual abuse;
Amendment 43 #
2015/2129(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the Member States to step up cooperation and to exchange data to identify children victims of sexual abuse, including missing children, especially girls who are particularly vulnerable to trafficking and sexual exploitation;
Amendment 52 #
2015/2129(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recommends that blacklists of websites containing child pornography be prepared by nationaland regularly updated by relevant authorities and communicated to Internet service providers to ensure that the action adopted is necessary and proportionate to avoid for instance over- blocking; recommends also the sharing of such blacklists of websites among the Member States through enhanced cooperation with Europol and its European Cybercrime Centre, and with Interpol;
Amendment 59 #
2015/2129(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages Member States to exchange information about child sex offenders so as to prevent sex offenders from moving unnoticed from one Member State to another for work or for volunteering with children or children’s institutions; calls on Member States to step up information sharing on criminal convictions and disqualifications and to improve data collection in national registers of perpetrators;
Amendment 68 #
2015/2129(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates the right of each individual to decide on the fate of his or her personal data, in particular the exclusive right to control the use, disclosure of personal information and the right to be forgotten defined as the possibility to obtain a prompt removal of contents that might be prejudicial for his or her own dignity.
Amendment 70 #
2015/2129(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that no statistics are provided with regard to the use of criminal law procedures to seize equipment in relevant cases.
Amendment 72 #
2015/2129(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to make it mandatory for Internet service providers (ISP) to report child sexual abuse material detected in their infrastructure to law enforcement authorities, as well as national hotlines, and calls on the ISPs to preserve evidence;
Amendment 76 #
2015/2129(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on all Member States to allocate adequate financial and human resources to law enforcement authorities to combat child sexual abuse and exploitation, including specific training for police and investigators;
Amendment 78 #
2015/2129(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges Member States which have not yet done so to put in place hotlines to which Internet users can report child sexual abuse material they find online and that are capable of assessing this reported content with a view to implementing notice and take-down procedures; takes the view that such hotlines should be allowed to search for child sexual abuse material proactively, as is the case for the Internet Watch Foundation (IWF) in the UK; calls on Member States for a better cooperation between helplines and hotlines to ensure protection of children victim of sexual exploitation and abuse;
Amendment 86 #
2015/2129(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Urges Member States to introduce in their legislation mandatory background checks for persons applying or volunteering for activities or jobs relating to children, including software and online content developers, and to systematically exchange information on individuals posing a risk to children;
Amendment 99 #
2015/2129(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Member States to share best practices on educational materials and training programmes for all the actors involved, such as teachers, parents, educators and law enforcement authorities, to raise awareness of grooming and other risks to the safety of children online, in particular for girls; encourages both Member States and the Commission to set up ambitious educational programmes within schools targeted to both parents and youngsters in order to empower them with tools to use the internet responsibly and avoid possible risks. Regarding parents it is fundamental to give them guidelines to assess risks their children may face and detect early signs of potential online sexual abuse.
Amendment 104 #
2015/2129(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to incorporate into their legislation mandatory criminal background checks for persons applying or volunteering for activities or jobs relating to children, including software and online content developers, travel agents and legal entities/persons, and to systematically exchange information on individuals posing a risk towhere they have direct access to or authority over children;
Amendment 117 #
2015/2129(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the best practices adopted in some Member States for the protection of children, such as the Barnahus in Sweden; calls on the Member States to focus on ensuring the provision of legal aid, psychological support and assistance and to avoid the secondary victimisation of children; encourages Member States to set up awareness campaigns both at regional and national level to foster a cultural change in public opinion to avoid any victim-blaming attitude or behaviour engaged in some communities, which may result in additional trauma for children victims of abuse;
Amendment 124 #
2015/2129(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 143 #
2015/2129(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recommends that blacklists of websites containing child pornographysexual abuse material be updated regularly by the relevant authorities and communicated to internet service providers to avoid, for instance, over-blocking and to ensure proportionality; recommends the sharing of such blacklists of websites among the Member States, with Europol and its European Cybercrime Centre, and with Interpol; considers, in this regard, that newly developed hashing technology, such as PhotoDNA, sh among others, could be applied;
Amendment 145 #
2015/2129(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the Member States to make it mandatory for internet service providers (ISP) to report child sexual abuse material detected in their infrastructure proactively to law enforcement authorities, as well as to national hotlines; calls on the Commission to continue its funding under the Connecting Europe Facility (CEF) so as to provide the hotlines with the adequate resources to fulfil their mandate to tackle illegal content online;
Amendment 153 #
2015/2129(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played by civil society organisations, as is the case withsuch as the INHOPE Network of Hotlines, including the Internet Watch Foundation in the UK; urges the Member States which have not yet done so to set up such hotlines and takes the view that they should be allowed to search for child sexual abuse material online proactively;
Amendment 159 #
2015/2129(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to continue keeping Parliament regularly informed on the state of play in relation to compliance with the Directive by the Member States, with disaggregated and comparable data on the Member States’ performance in preventing and combating child sexual abuse and exploitation offline and online; instructs its relevant committee to hold a hearing on the state of play in relation to implementation and possibly consider adopting an additional report on the follow up given to the implementation of the Directive;
Amendment 15 #
2015/2121(BUD)
5. Considers that the relevant agencies should not be subject to reduction or redeployment of staff; stresses that, given the large number of arrivals on the Union’s southern shores, the proposal to increase EASO staff by only 4 is clearly insufficient; underlines that the limited increase of staffing level of the European Police Office (Europol) does not cover its needs and will not allow the full implementation of the new initiatives to fight illegal immigration (JOT MARE); underlines the need to ensure at least an appropriate budget and level of staffing for both agencies in the 2016 budget;
Amendment 4 #
2015/2110(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas protection of the financial interests of the EU should guarantee that budget revenue and expenditure contribute towards the achievement of the EU's priorities and objectives and towards increasing the confidence of citizens by assuring them that their money is being used in full compliance with the aims and policies of the EU;
Amendment 5 #
2015/2110(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the diversity of legal and administrative systems in the Member States presents a challenging environment in which to overcome organised crime and combat money laundering;
Amendment 6 #
2015/2110(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas in order to enhance the existing measures such as the Convention on the Protection of the Communities' Financial Interests (PIF Convention) for fighting fraud, corruption, money laundering and other illegal activities affecting the financial interests of the Union, the Commission has submitted two proposals for criminal law instruments, the PIF Directive and the Regulation on the establishment of the European Public Prosecutor's Office (EPPO Regulation), aimed at ensuring more effective investigation and better protection of the taxpayers' money throughout the European Area of Freedom, Security and Justice;
Amendment 7 #
2015/2110(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the fight against fraud, corruption and money laundering and recovery of money from crime in the Union must be a priority for political action by the Community institutions, and police and judicial cooperation between Member States is therefore crucial;
Amendment 8 #
2015/2110(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas the ability of criminal organizations to adapt their action to different territorial and social contexts, allows them to diversify their activities by realizing significant profits from drug trafficking, human trafficking, waste trafficking and illegal immigration, and to infiltrate in legal markets relying on a "grey zone" of collusion with white collars and corrupted civil servants;
Amendment 10 #
2015/2110(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Calls for the adoption of a common definition of organized crime at the European level as an essential step for enhancing the fight against this phenomenon;
Amendment 14 #
2015/2110(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that the Commission has proposed a vast array of measures to combat these crimes and that some results are already available (i.e. automatic information exchange, anti-money laundering directive); and considers essential to promote common investigative techniques to contrast organized crime and to establish specific national structures to this end, developing, an operational network for the exchange of information in coordination with Europol;
Amendment 24 #
2015/2110(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Takes note of the on-going discussions in the Council on the draft regulation establishing the European public prosecutor’s office (EPPO) as an essential piece of the action plan and recognizes that the establishment of a European Public Prosecutor Office, provided with the necessary human and financial resources, is essential for an effective action against frauds to financial interests of the European Union;
Amendment 30 #
2015/2110(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Is of the opinion that a common method for seizing criminal group’s assets in the EU could be a dissuasive measure for criminals; invites the Member States competent authorities to share best practices in this area within the existing meetings platforms, such as the Advisory Committee for the Coordination of Fraud Prevention (COCOLAF) and others; calls Member States to swiftly transpose the directive on the confiscation of assets from crime and to promote the re-use of confiscated assets for social purposes, in accordance with the principle of subsidiarity; and to support a European program for the exchange of good practices for the management of confiscated assets, promoting their use for social purposes;
Amendment 32 #
2015/2110(INI)
Draft opinion
Paragraph 8 – indent 1 (new)
Paragraph 8 – indent 1 (new)
– Invites Member States to develop administrative, police and judicial cooperation to trace the criminal assets throughout the Union for seizure and confiscation relying on the improvement of Assets Recovery of Offices, which should be provided with adequate resources.
Amendment 37 #
2015/2110(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for Member States to invest more heavily in fostering a culture of legality, particularly considering that the first and most effective form of prevention consists in educating new generations of EU citizens;
Amendment 41 #
2015/2110(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Points out that programs such as Hercule, Fiscalis, Pericles and Directive proposed by the European Commission in February 2013 in order to protect the financial interests of the EU and the euro against counterfeiting, they are designed to combat illegal, international and cross- border criminal activity and calls for their rationalization and for more coordination;
Amendment 42 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to publish its second Anti-corruption Report without delay.
Amendment 75 #
2015/2110(INI)
Motion for a resolution
Paragraph 10 – point b
Paragraph 10 – point b
(b) a definition of 'public official'; to be adopted, bearing in mind that the Directive on the Protection of the Union's financial interests by means of criminal law ("PIF Directive") proposes to establish such a definition;
Amendment 90 #
2015/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers;, to be adopted as soon as possible with the participation of as many Member States as possible with clearly defined responsibilities and powers detailing how the new Office would complement and synergize the work of OLAF, Eurojust and the Member States, thus, preventing the overlapping of the spheres of competences of the different agencies and bodies
Amendment 99 #
2015/2110(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. In that context, since the offences for which the future European Public Prosecutor's Office would be responsible will be laid down in the PIF Directive, calls on the Council and Member States to unblock negotiations on the PIF Directive as quickly as possible, and in that regard, include VAT fraud within the scope of the Directive;
Amendment 143 #
2015/2110(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to takadopt specific legislation and to take appropriate measures to curb the activities of professionals, banks, civil servants and politicians, who, although not members of criminal organisations, support them at various levels;
Amendment 171 #
2015/2110(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Condemns criminal interests that revolve around gambling, including lawful gambling,and points out that often even lawful gambling, can be used for money laundering and reinvestment purposes and therefore represents a source of relevant profit for criminal groups and urges the Commission to introduce legislation to combat and prevent this phenomenon;
Amendment 176 #
2015/2110(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that tax havens are ideal places in which to collect and launder the proceeds of criminal activities, and as such should be abolishedthat countering such phenomenon needs a common regulation and a coordinated approach at the EU level;
Amendment 180 #
2015/2110(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes the Commission's intention to propose a revision to the 4th Anti- money laundering Directive. Calls on the Commission, in that revision, to ensure that registries of beneficial owners cover all forms of legal entities, including trusts, and provide adequate transparency guarantees with regard to the information contained in those registries;
Amendment 185 #
2015/2110(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that the complex activities of criminal organisationparticipation in criminal activities often prepare the ground for identity-basedlater involvement in terrorismt group; believes that if the fight against terrorism is to be effective, EU legislation on combating organised crime needs to be strengthened, also considering the existing links between terrorist and organized criminal group, based on mutual benefit;
Amendment 189 #
2015/2110(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Condemns the way in which organised crime has infiltrated the bodies responsible for managing funds for the reception of migrants, and calls for specific measures to combat trafficking in human beings, which is mostly conducted by criminal groupomplex networks of criminal groups located in Countries of origin, transit and destination of the victims;
Amendment 26 #
2015/2103(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that robots should not be designed to exploit vulnerable users by evoking an emotional response or dependency;
Amendment 29 #
2015/2103(INL)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Urges the relevant stakeholders in the field of health (researchers, healthcare providers, psychologists) to address the psychological impact of human-robot interaction in therapy, especially on the development of emotional capabilities, notably in early childhood and with vulnerable persons; furthermore, insists that there is a clear understanding of the status and capacities of the robot, avoiding the creation of a bonding or dependence of vulnerable persons and children on robotics, hence isolating them from reality;
Amendment 31 #
2015/2103(INL)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Welcomes the existence of the European Group on Ethics in Science and New Technologies and hopes that its mandate will allow it to lead the development of a European ethical framework that is based on privacy, conscious engineering and empowered individuals, and places human dignity in the technologies of the future; calls on the Commission to gather and connect various EU projects and initiatives in the field of ethics in robotics, such as SPARC and RoboLaw;
Amendment 44 #
2015/2103(INL)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights that the transparency and comprehensibility of the process by which domestic robots collect, process, and make use of personal data, including the terms of use of algorithms are key;
Amendment 56 #
2015/2103(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Whereas, data breaches and cyber- attacks represent key issues, especially in the development of interconnected systems that collect and process large amounts of data, there is a need for complex implemented (by design) cybersecurity systems that can secure personal and machine generated data; considers end-to-end encryption key to securing data and encourages further research in this domain;
Amendment 67 #
2015/2103(INL)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Based on the outcome of the preceding consensus building process, the EU should work towards the adoption of a binding international agreement, aiming to restrict the development, proliferation and use of certain unmanned weapon systems;
Amendment 70 #
2015/2103(INL)
Draft opinion
Subheading 5 a (new)
Subheading 5 a (new)
Minors 8. Stresses that the development of robotics ought to take into consideration the impacts on vulnerable individuals, and in particular on minors, and therefore considers that when drafting appropriate legislation this particular aspect should be taken into account; (This new subheading 5a with the new paragraph 8 should come after what in PA is the last subheading entitled "Code of Conduct" and paragraph 7 (i.e. after all the new additions to paragraph 7 resulting from amendments))
Amendment 28 #
2015/2095(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- Having regard to the United Nations Convention on the Rights of the Child z\on 20 November 1989 and to the European Parliament resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child,
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 153 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas all EU Member States have a duty to protect and promote the rights of all children and ensure that migrant children are treated first and foremost as children and that the principle of the child's best interests takes precedence over migration management objectives;
Amendment 259 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety, recommends that, in planning such search and rescue operations, child specific measures be taken, such as child safeguarding policies in manuals on search and rescue, child protection trainings and child-focused care at disembark;
Amendment 291 #
2015/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures aimed at disrupting the activities of criminal networks involved in the trafficking and smuggling of people; stresses that children are particularly vulnerable to trafficking, exposed to abuse and exploitation of all sorts, including child labour and prostitution; calls on Member States to fully implement Directive 2011/36/EU and step up their police and judicial cooperation to fight trafficking and child smuggling and combat impunity;
Amendment 429 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant, in particular with regard to his/her family ties, language abilities and employment or education opportunities, should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 432 #
2015/2095(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines that there is a need for a permanent relocation programme, with mandatory participation by Member States, providing relocation for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 505 #
2015/2095(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that persons seeking international protection should be able to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, and if granted, such a humanitarian visa would allow its holder to enter the territory of the Member State issuing the visa for the sole purpose to lodge therein an application for international protection; believes, therefore, that it is necessary to amend the Visa Code by including more specific common provisions on humanitarian visas;
Amendment 655 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Recalls that to be successful, integration requires access to the labour market, but also access to adequate and affordable language courses upon arrival, to adequate and affordable housing, to education, and to services such as healthcare, particularly mental health support;
Amendment 705 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations; urges Member States to take all measures necessary to prevent the separation of a child from his/her parents;
Amendment 718 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Recommends that the application of the Family Reunification Directive be extended to cover all those who have been granted international protection, including subsidiary protection, under the same favourable family reunification terms that are granted to refugees;
Amendment 723 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. On Unaccompanied Minors (new title)
Amendment 724 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Recalls that refugee and migrant children should be provided with information on their right to family reunification and how to claim it in a child-friendly way; Recalls that support and protection should be extended to unaccompanied and separated children, in line with their best interests, and that applications for family reunification filed by unaccompanied and separated children should be expedited;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 726 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Calls on the Member States to ensure that refugee and migrant children enjoy rapid and non-discriminatory access to national services, including child protection systems, in line with the provisions of the UN Convention on the Rights of the Child with the same level of care and support recognised to national children deprived of parental care; calls on Member States to gather disaggregated data on the situation of refugee and migrant children in order to improve the ability of systems to integrate refugee and migrant children;
Amendment 727 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls and should be performed by independent, qualified practitioners and experts; calls for legal guardians to be appointed to support unaccompanied and separated children immediately upon identification and calls on the Member States to speed up procedures for appointing legal guardians
Amendment 773 #
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; reiterates, in that regard, that voluntary return should be prioritised over forced returns; recalls no child should be returned without a thorough risk assessment, conducted by independent child protection officer, and based on Country of Origin Information reports in cooperation with non-governmental, local and international organisation to ensure protection and reintegration after their return;
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 1186 #
2015/2095(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Notes that the existing EU legislative framework regulating the access of third- country nationals to work in the Union is rather fragmented, as it focuses on specific categories of workers rather than on regulating, generally, all migrant workers; believes that legal channels for migration to Europe should also be available for low-skilled migrants;
Amendment 7 #
2015/2063(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the conclusions of the Justice and Home Affairs Council of 12 and 13 March 2015,
Amendment 20 #
2015/2063(INI)
Motion for a resolution
Recital A
Recital A
A. whereas more than 5000 European citizens have joined terrorist organisations, particularly ISIS (Da'esh) in I, Jahbat al- Nusraq and Syriaothers outside the European Union, especially in the MENA region; whereas this phenomenon is speeding up and taking on significant proportions;
Amendment 35 #
2015/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the terrorist attacks in Paris, Copenhagen and Tunis in early 2015 highlight the security threat which is posed by the presence and movement of these foreign fighters in Europe and in the neighbourhood; whereas the European Union has condemned these attacks in the strongest terms and has committed itself to combat terrorism alongside the Member States, inside and outside EU territory;
Amendment 56 #
2015/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas combating terrorism and preventing the radicalisation and recruitment of European citizens by terrorist organisations still falls essentially within the sphere of competence of the Member States, but whereas a concerted European approach is necessary to harmonise the legislation that applies in an area where European citizens are free to move and to make prevention and counterterrorism effective;
Amendment 96 #
2015/2063(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the important thing now is to put greater stress on preventive rather than reactive measures to address the radicalisation of European citizens and their recruitment by terrorist organisations; whereas a strategy to counter extremism, radicalisation and terrorist recruitment within the EU can only work if it is developed in parallel to a strategy of integration, so-called "foreign fighter" return, re-integration and de- radicalisation;
Amendment 102 #
2015/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential that fundamental rights and civil liberties be respected in all measures undertaken by the European Union; whereas the security of European citizens is not incompatible with guaranteeing their and Member States, namely the right to private life, the right to data protection, presumption of innocence, the right to a fair trial and due process, freedom of expression and freedom of religion; whereas the security of European citizens must preserve their civil and political rights and freedoms; whereas, indeed, these two principles are two sides of the same coin;
Amendment 125 #
2015/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish as quickly as possible a global strategy to prevent the radicalisation and recruitment of European citizens, taking into account all vectors of radicalisation, on the basis of the exchange of best practice within the European Union and the evaluation of measures undertaken in the Member States; takes the view that the Commission should urge the Member States to develop a common intensive communication strategy on preventing the radicalisation and recruitment of European citizens by terrorist organisations;
Amendment 128 #
2015/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish as quickly as possible a global strategy to prevent the radicalisation and recruitment of European citizens and non-EU nationals residing in Europe, taking into account all vectors of radicalisation, on the basis of the exchange of best practice within the European Union and the evaluation of measures undertaken in the Member States; takes the view that the Commission should develop an intensive communication strategy on preventing the radicalisation and recruitment of European citizens by terrorist organisations;
Amendment 152 #
2015/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of making the fullest use of exexisting instruments more effective and of devisting instrumentsa new strategy to combat the radicalisation and recruitment of European citizens by terrorist organisations; recommends that more use should be made of European funds to that end; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in stakmping onut this objective of stamping out the radicalisation of European citizens, by means of communication strategies aimed at promoting tolerance, non-discrimination and fundamental liberties, including interfaith dialogue with other communities;
Amendment 159 #
2015/2063(INI)
Motion for a resolution
Paragraph 3 – point 1 (new)
Paragraph 3 – point 1 (new)
1. Par. 4 – Feels, however, that it is vital to find a correct balance between public safety and respect for the fundamental rights of individuals, including the right to privacy, the right to the protection of sensitive personal data and the right to freedom of expression and association, especially in the light of the recent ruling by the Court of Justice concerning the Data Retention Directive;
Amendment 161 #
2015/2063(INI)
Motion for a resolution
Paragraph 3 – point 2 (new)
Paragraph 3 – point 2 (new)
2. Par. 5 – Urges the Commission to work ceaselessly to improve the exchange of information between national authorities through the existing channels of police and judicial cooperation in order to better prevent radicalisation.
Amendment 162 #
2015/2063(INI)
Motion for a resolution
Paragraph 3 – point 3 (new)
Paragraph 3 – point 3 (new)
(3) Par. 6 – Stresses the need to involve civil society on a national and a local level with concrete initiatives to prevent and reduce the spread of extremist ideologies;
Amendment 175 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publishropose guidelines on measures to be implemented in Europe's prisons aimed at preventing Europeaninmates from becoming radicalised; recommends that the Member States segregate radicalised inmates within their prisons in order to prevent radicalism from being imposed through intimidation on other inmates and to contain radicalisation in those institutions and containing the spread of radicalisation;
Amendment 188 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised Europerecruitment and training for prison staff in order to teachrain them to detect radical behaviour; stresses the importance of appropriately training and recruiting prison chaplains so that they can not only adequately meet prisoners' cultural needs in prisons, but also counter radical discourse and to pre-empt radicalisation;
Amendment 206 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the establishment of edinstrucational, professional training, social integration and re-integration programmes in Europe’'s prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicals in prison;
Amendment 207 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the establishment of educational programmes in Europe's prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicals in prison; considers that accompanying measures should also be offered subsequently to the release from prison;
Amendment 208 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the establishment of educational programmes in Europe's prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicalised inmates in prison; stresses the need to address prison radicalisation with utmost respect for the human rights of inmates;
Amendment 236 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giants with a view to preventing the online distribution of hate messages and to eradicating them swiftly; by means of communication strategies aimed at promoting tolerance, non-discrimination, fundamental liberties and solidarity, including increased interfaith dialogue;
Amendment 239 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role incan be a platform for fuelling the radicalisation of European citizens, as it facilitates the rapid, large- scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have especially on younger people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giantsindustry with a view to preventing the online distribution of hate messages and to eradicating them swiftlincitement to violence at the request of the responsible law enforcement authority;
Amendment 280 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however, that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giantonsiders that the internet industry and service providers should develop powerful and attractive narratives to counter hate speech and radicalisation online and calls on the Commission and Member States to assist them in that effort; calls on the digital companies and corporations to cooperate with the EU and Member States in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
Amendment 305 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to flag illegal content circulating on the internet and on social media networks easily and quickly, while respecting basic freedoms andfundamental rights, especially freedom of expression;
Amendment 316 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removalblocking of content that does not conform to the host internet platform's charter and rules; proposes that such units could cooperate with a European unit responsible for dealing with flagging;
Amendment 318 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such unitwelcomes the decision of the Justice and Home Affairs cCould cooperatencil of 12 and 13 March 2015 to establish the EU Internet Referral Unit (IRU) with ain European unit responsible for dealing with flaggingol, and encourages the national authorities to cooperate closely with Europol, while fully respecting the fundamental rights of all parties involved;
Amendment 376 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Union to carry out a communication campaign to raise the awareness of young people, as well as supervisory staff, as regards issues of radicalisation; calls on the Member States to improve social inclusion, in particular for young people, and to introduce specialist training for teaching staff so that they can detect any suspicious changes in behaviour and properly supervise young people who are at risk of being recruited by terrorist organisations;
Amendment 427 #
2015/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Feels that those local actors have a crucial role to play in the development of projects adapted to their towns or organisations, in addition to their role as an integrating factor for those European citizens who feel at odds with society and tempted by radicalisation; feels that the Member States should further promote social inclusion and support the establishment of structures facilitating, in particular, the supervisionactive involvement of young people, as well as exchanges with families, schools, hospitals, universities and so on; notes that such associations and organisations, which do not bear the mark of governments, sometimes achieve better results in reintegrating citizens who are on the path towards radicalisation into society;
Amendment 446 #
2015/2063(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. supports the formation of support and counselling centres, which can be contacted by people fearing the radicalization of relatives or friends;
Amendment 462 #
2015/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its desire to see the so- called ‘EU PNR' directive swiftly adopted before the end of 2015 in order to enable the movements of European citizens likely to adopt a terrorist ideology to be tracked; recalls, however, that the EU PNR will not be enough to prevent the recruitment of European citizens by terrorist organisationsTakes note of the preparation of a Directive on EU PNR , which should harmonise current practices by Member States and enable the travelling to the EU and from the EU to third countries of terrorist suspects to be tracked; warns of the utmost importance of making PNR fully compliant with fundamental rights, namely anti-discrimination, EU data protection rules and with EU principles and values in general; recalls, however, that the EU PNR will not be enough to prevent the recruitment of European citizens by terrorist organisations and should only be considered as one piece of a toolbox, which should involve foreign policy, social policy, education policy, law enforcement and justice;
Amendment 475 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities in the Member Statenational authorities and on the need to optimise the use of Europol analysis projects such as 'Focal Point Travellers' and those concerning foreign fighters and related terrorist networks; stresses that stepping up the exchange of information between law enforcementnational authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust;
Amendment 479 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities in the Member States and between Member States and the relevant EU agencies and structures; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust;
Amendment 487 #
2015/2063(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that improved cooperation between the Member States aimed at countering the radicalisation and recruitment of European citizens is also characterised by intensive exchanges between the judicial authorities; Notes that better reporting at European level on the criminal records of European citizens at risk of being radicalisedterrorist suspects would help speed up their detection and make it easier for them to be properly monitored, either when they leave or when they return; encourages, therefore, the reform of the ECRIS system; warns, however, of the importance of all EU and Members States action and policies being compliant with EU data protection and privacy rules, enshrined in the EU Charter on Fundamental Rights, EU secondary law and international treaties, covenants and conventions which Member States are party to;
Amendment 535 #
2015/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its belief that the European Union must step up its external border controls as a matter of urgency; stresses that it will be impossible to effectively track the departures or arrivals of European citizens unless mandatory and systemic controls are introduced on the European Union's external borders; states that, to this end, onewithout close cooperation between the competent national authorities and the introduction of mandatory and systemic controls ofn the European Union's priorities must be reforming the Schengen Codeexternal borders;
Amendment 571 #
2015/2063(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses once more the vital importance of the European Union establishing close cooperation with non-EU countries and relevant communities, notably transit countries and those to which foreign fighters are heading, insofar as this is possible, in order to be able to identify EU citizresidents leaving to fight for terrorist organisations or returning thereafter;
Amendment 578 #
2015/2063(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is convinced that for such enhanced cooperation to be established the Commission, and the European External Action Service (EEAS) in particular, need to make greater efforts in terms of Arabic- speaking staff and spokespersons; considers it essential that the EUʼs call to combat radicalisation can be heard beyond its own borders through strategic communication that is both incisive and effective;
Amendment 590 #
2015/2063(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that the phenomenon of radicalisation and recruitment of EU citizens is a global phenomenon; believes that the response to this phenomenon ought to be international and not just local or European; considers therefore that cooperation with EU partner countrieIt is therefore necessary to strengthen cooperation between third countries to identify recruitment networks and foreign fighters and to increase security at the borders of the countries concerned; reiterates also that cooperation with regional and key partners that are facing similar challenges, such as Canada or the United States, has to be stepped up;
Amendment 591 #
2015/2063(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that the phenomenon of radicalisation and terrorist recruitment of EU citizens is a global phenomenon; believes that the response to this phenomenon ought to be international and not just local or European; considers therefore that cooperation with EU partner countries that are facing similar challenges, such as Canada or the United States, has to be stepped up has to be stepped up through diplomatic, political dialogue and intelligence cooperation;
Amendment 593 #
2015/2063(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Reiterates that the global reach of terrorism requires an effective, united international response to successfully prevent the trafficking of weapons to countries that threaten international peace and security.
Amendment 595 #
2015/2063(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Considers it a priority to stabilise crisis areas and find permanent solutions to conflicts which promote suffering, injustice, hatred and violence, and thus create fertile ground for terrorist recruitment.
Amendment 602 #
2015/2063(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. States that a comprehensive approachpolicy to preventing the radicalisation and recruitment of EU citizens by terrorist organisations can only be successfully put in place if accompanied by measures to a de- radicalise EU citizens beguiled by terrorist rhetoration policy; calls on the European Union therefore to facilitate the sharing by Member States of good practices in regard to putting in place deradicalisation structures to prevent EU citizens and non-EU nationals legally residing in the EU leaving the EU or to control their return thereto;
Amendment 606 #
2015/2063(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. States that a comprehensive approach to preventing the radicalisation and recruitment of EU citizens by terrorist organisations can only be successfully put in place if accompanied by measures to deradicalise EU citizens beguiled by terrorist rhetoric; calls on the European Union therefore to urge Member States to remove the barriers which create social injustice and marginalisation, and to promote social inclusion and development, in particular among young people; calls on the European Union to facilitate the sharing by Member States of good practices in regard to putting in place deradicalisation structures to prevent EU citizens leaving the EU or to control their return thereto;
Amendment 14 #
2015/2062(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the Recommendation CM/Rec (2017) 3 of the Committee of Ministers of the Council of Europe to the Member States on the European Rules on community sanctions and measures adopted by the Committee of Ministers on 22 March 2017,
Amendment 15 #
2015/2062(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the Recommendation CM/Rec (2012)12 of the Committee of Ministers of the Council of Europe to Member States concerning foreign prisoners (Adopted by the Committee of Ministers on 10 October 2012),
Amendment 16 #
2015/2062(INI)
Motion for a resolution
Citation 16 c (new)
Citation 16 c (new)
- having regard to the Recommendation CM/Rec (2012)5 of the Committee of Ministers of the Council of Europe to Member States on the European Code of Ethics for Prison Staff (Adopted by the Committee of Ministers on 12 April 2012),
Amendment 17 #
2015/2062(INI)
Motion for a resolution
Citation 16 d (new)
Citation 16 d (new)
- having regard to the Recommendation CM/Rec (2008)11 of the Committee of Ministers of the Council of Europe to Member States on the European Rules for juvenile offenders subject to sanctions or measures (Adopted by the Committee of Ministers on 5 November 2008),
Amendment 18 #
2015/2062(INI)
Motion for a resolution
Citation 16 e (new)
Citation 16 e (new)
- having regard to the Council of Europe handbook for prison and probation services regarding radicalisation and violent extremism,
Amendment 19 #
2015/2062(INI)
Motion for a resolution
Citation 16 f (new)
Citation 16 f (new)
- having regard to Memorandum of Understanding signed on 21 March 2014 by the Italian Minister for Justice, the Ombudsman for Children and Adolescence and by the not-for-profit organisation Bambinisenzasbarre,
Amendment 26 #
2015/2062(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas prisons are intended to confine offenders in secure and humane conditions. The purpose of prisons should always include education, penalty, rehabilitation as well as protection of society. Rehabilitation and intervention programmes both in prisons and for offenders under probation should have the objective of supporting re-integration of offenders back into society;
Amendment 31 #
2015/2062(INI)
Motion for a resolution
Recital D
Recital D
D. whereas overcrowding in prisons is a recurrent problem in the Union and whereas the European Court of Human Rights has regarded it as a breach of Article 3 ECHR; overcrowding is particularly detrimental to inmates because it can lead to self-harm or violent behaviour. It can also have adverse effects on the health conditions and wellbeing of the detainees, increasing the prevalence of particularly infectious diseases and psychiatric disorders. Overall, overcrowding is an obstacle to the purpose of social rehabilitation, which is a founding value of penitentiary systems. Overcrowding can also contribute to an unsafe and unhealthy working environment for penitentiary staff;
Amendment 35 #
2015/2062(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas overcrowding and poor detention conditions may have effects on cases of requests for extradition for prosecution or in cases of transfer of sentenced persons, where the requested measure may be problematic to carry out because of concerns regarding bad prison conditions, including in particular prison overcrowding, in the receiving state;
Amendment 46 #
2015/2062(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas juvenile offenders should, in principle, always be entitled to access measures alternative to detention regardless of the offence they have committed;
Amendment 47 #
2015/2062(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the eligibility for alternative measures should always take into account the specific circumstances of each case such as the age and the dangerousness of the offender, his involvement within the educational activities, and the seriousness of the offence;
Amendment 48 #
2015/2062(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas every child subject to detention measures should have access to education;
Amendment 49 #
2015/2062(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas 800 000 children in Europe see their right to the protection of family relationships violated when one or both parents are imprisoned;
Amendment 50 #
2015/2062(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas children of imprisoned parents should not be stigmatised or discriminated, in compliance with EU values, on account of the criminal sentences served by their parents;
Amendment 60 #
2015/2062(INI)
Motion for a resolution
Recital H
Recital H
Amendment 76 #
2015/2062(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas an efficient penitentiary administration should receive adequate funds and staff to carry out its security and rehabilitation mission;
Amendment 88 #
2015/2062(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas having regard to the Annual Report 2016 of the European Court of Human Rights, there is a 32% increase in the number of new cases pending the Court and most of them are for the violation of Article 3 of the Charter of Fundamental Rights of the European Union;
Amendment 90 #
2015/2062(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas inhumane detention conditions and overcrowding can lead to increased radicalisation and expand the influence of violent extremist recruiters;
Amendment 95 #
2015/2062(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas radicalisation represents a process that gradually leads an individual increasingly to accept and support violent extremism based on religious purposes;
Amendment 96 #
2015/2062(INI)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas penitentiary staff carry out an essential function on behalf of the community and should have conditions of employment befitting their qualifications and which take account of the demanding nature of their work;
Amendment 102 #
2015/2062(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the accommodation provided for the prisoners, and in particular sleeping conditions, shall respect human dignity, privacy, and meet health and hygiene requirements, due regard being paid to climatic conditions and especially to floor space, cubic content of air, lighting, heating and ventilation;
Amendment 120 #
2015/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also with regard to the activities made available, medical care and monitoring of prisoners;
Amendment 123 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that prison administrations have a responsibility not simply to ensure effective access for prisoners to medical care but also to establish conditions that promote the well- being of both prisoners and prison staff; the prisoners should not leave prison in a worse condition than when they entered. This applies to all aspects of prison life, but especially to health care;
Amendment 128 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that in some Member States juvenile offenders are detained in facilities together with adults, exposing them to the risk of abuse and violence and depriving them of the specific care that such a vulnerable group needs;
Amendment 129 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Member States to ensure that prisoners do have access to health care whenever needed, and they should ensure that there is a medical practitioner appointed to every prison; the medical practitioner should be a fully qualified medical doctor, and in large prisons a sufficient number of doctors should be appointed on a full-time basis;
Amendment 131 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expresses concerns about cases in which detained minors were denied access to education due mainly to the absence of places and a lack of staff in the facilities;
Amendment 132 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on all Member States to adopt a common definition of "minimum space" to be provided to each detainee including specific provisions on adequate lighting, air conditioning and alarm systems to contact the staff and more generally to cooperate to harmonize national criminal systems;
Amendment 134 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Encourages Member States to set up national databases to monitor in real time inmates' detention conditions and to ensure an optimal allocation of detainees to national prisons;
Amendment 135 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Encourages Member States to offer meaningful activities such as educational training or work opportunities according to international standards to all prisoners, with a view to re-socialising inmates and providing tools for a crime free life after the conviction period;
Amendment 151 #
2015/2062(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists than an efficient long term management of penitentiary systems should be implemented, reducing the number of prisoners by more frequent use of non-custodial punitive measures and minimizing the recourse to pre-trial detention;
Amendment 172 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to cooperate with the media and local authorities in persuading the public opinion to accept ambitious reforms of the criminal justice system based on a wider use of non-custodial measures. Penitentiary administrations shall foster such cultural change establishing strong bonds with local communities. To this end, activities dedicated to free citizens may be organized also inside prisons; for instance theatrical representations, catering services or free access to libraries and computers;
Amendment 178 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on criminal justice agencies, including prisons, probation and court administrations, to produce explanatory documents and statistical evidence to persuade public opinion that non- custodial measures are necessary to reduce recidivism as well as to ensure long term security in our society;
Amendment 181 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to carry out a comparative study on prisoners' wages in Member States, aiming to identify fair and sustainable retribution levels that would allow every prisoner to work;
Amendment 183 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Commission to carry out a comparative study to analyse Member States' alternative measures and to draft proposals for possible harmonization and diffusion of national best practices;
Amendment 184 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Encourages Member States to adopt measures, including financial incentives and tax benefits, to encourage private companies to recruit former offenders as well as to encourage former prisoners to set up their own business;
Amendment 185 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Exhorts Member States to establish a scholarship system aimed at encouraging employers and private companies to provide professional training to inmates with a view to recruit them at the end of the detention period;
Amendment 206 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises the right of children to maintain direct contact with their detained parent and, at the same time, reiterates the prisoner's right to parenting. In that respect prisons shall be equipped with a suitable children's space, where children shall be looked after by adequately trained prison officers, including social assistants and NGOs volunteers who can assist children and families during prison visits;
Amendment 212 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the European Commission to evaluate the possibility of drawing up a Memorandum of Understanding at EU level in order to ensure the preservation of the parenthood relationship with imprisoned parents and to allow parents to be present at important moments in their children's education, thus safeguarding the interests of minors;
Amendment 219 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Asks the Commission to promote policies aimed at overcoming the discrimination that could be suffered by the children of imprisoned parents, in order to strengthen social integration and to build an inclusive and fair society;
Amendment 220 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Encourages the European Commission to establish specific working groups composed of representatives of Member States' Ministries of Justice and national authorities as well as Non- Governmental Organisations operating in the field in order to facilitate the exchange of best practices;
Amendment 227 #
2015/2062(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Member States' prison authorities to guarantee each prisoner the right to exercise or change his religion in dedicated spaces and, as far as practicable, grant prisoners access to approved representatives and materials of their religion or belief. Prison authorities shall also provide, as much as possible, a diet that takes account of the cultural and religious requirements of prisoners and/or allow prisoners to purchase and cook food;
Amendment 243 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to provide support, adequate resources, targeted training, safety and supervision to penitentiary authorities at all levels and especially to frontline staff closely working with juvenile offenders and radicalised inmates. In particular, staff shall be adequately trained to detect signs of radicalisation at an early stage;
Amendment 250 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Prisons authorities shall develop specific tools and methods for identifying and monitoring radicalised inmates according to the degree of radicalisation. Inmates ranked in the highest stage of radicalisation or actively recruiting fellow prisoners shall be flagged to the judicial authorities and/or national authorities in charge of counterterrorism;
Amendment 263 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages Member States and the European Parliament to implement pilot projects aimed at providing educational training and languages courses both to prisoners and staff involving Non-Governmental Organisations, educators and social services;
Amendment 279 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages Member States' penitentiary authorities to develop a code of conduct to be applied to the staff. The code of conduct shall include specific guidelines on accountability, integrity, respect for and protection of human dignity, care and assistance to prisoners, fairness, impartiality and non- discrimination as well as confidentiality and data protection;
Amendment 282 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Stresses that staff serving in prisons carry out a highly demanding work on behalf of the community, and shall therefore have adequate remuneration and proper working conditions including free psychological counselling and dedicated helplines designed to provide support to staff facing problems likely to affect their work;
Amendment 283 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on the Commission to publish detailed reports on the situation of prisons in Europe every five years since the approval of this INI report, including in depth analysis on the level of education and trainings provided to inmates and assessment of the results (including reiteration rates) achieved using alternative measures to detention;
Amendment 284 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the European Commission to evaluate possible common statistical methodologies to calculate prison capacity in the same way across the Union;
Amendment 84 #
2015/2008(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the EU budget is a tool of internal solidarity in that it supports economic, social and territorial cohesion, helps combat poverty and promotes social inclusion; stresses that it is also an instrument of external solidarity by helping make the EU the biggest donor of development aid, by offering support to neighbouring countries and by assisting countries and people facing humanitarian and civilian crises; points out, furthermore, that more efficient use of the budget could allow support to be stepped up for EU policies on the right of asylum and migrant assistance, with particular reference to action in the southern Mediterranean area;
Amendment 192 #
2015/0310(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) This Regulation should be applied in full compliance with the principle of non-refoulement as defined in the Charter and as interpreted by the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In accordance with that principle, no person should be disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 199 #
2015/0310(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. While developing training tools and providing trainings, special attention should be given to training on children’s rights. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 285 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, which may includinge measures related to the prevention, and detection and investigation of cross-border crimeof the criminal smuggling of persons, trafficking in human beings and terrorism, where appropriate;
Amendment 291 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Search and Rescue Operations for persons in distress at sea;
Amendment 374 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) coordinate Member State action, and provide technical and operational assistance to Member States, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014;
Amendment 609 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned. Teams shall include child protection experts when children are involved.
Amendment 624 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation, giving particular attention to children;
Amendment 634 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The Agency, in cooperation with the European Asylum Support Office, the Fundamental Rights Agency and other relevant Union Agencies and under the coordination of the Commission, shall ensure the compliance of these activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting women and children's needs in the hotspot areas.
Amendment 706 #
2015/0310(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
(d) observe and promote the application of existing and future Union measures relating to the management of external borders and respect for fundamental rights in border management activities, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;
Amendment 806 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the United Nations Convention on the Rights of the Child, Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, with particular attention to children's rights so as to ensure that the best interests of the child is respected in all operations.
Amendment 811 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is, in contravention of the principle of non-refoulement, disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulementwhere, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion or retur, removal or extradition to another country in contravention of that principle.
Amendment 818 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, in particular unaccompanied minors and children with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 827 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on children, unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
Amendment 832 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, develop specific training tools, including child specific measures when children are involved, and provide border guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 1151 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languages, and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Special information tailored to children shall be provided in a clear and child-friendly way to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 45 #
2015/0307(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The documents of persons enjoying the right of free movement under Union law should therefore, as a general rule, be checked systematically against relevant databases related to stolen, misappropriated, lost and invalidated travel documents in order to avoid that persons hide their real identity.
Amendment 49 #
2015/0307(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border guards should for the same reason also, as a general rule, systematically check persons enjoying the right of free movement under Union law against relevant national and European databases in order to ensure that they do not represent a threat to internal security or public policy.
Amendment 60 #
2015/0307(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) However, should systematic checks at external borders have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against relevant databases if, on the basis of a risk assessment, it is found that such a relaxation of checks would not lead to a security risk. Such risk assessments should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (the Agency) established by Council Regulation (EC) No 2007/20041a and be the subject of regular reporting both to the Commission and to the Agency. _________________ 1a Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 78 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – introductory wording
Article 7 – paragraph 2 – introductory wording
(2) On entry and on exit, persons enjoying the right of free movement under Union law shall, as a general rule, be subject to the following checks:
Amendment 102 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where, at the external land and sea borders, the checks referred to in points a) and b) of the first subparagraph would have a disproportionate impact on the flow of traffic, Member States may carry out those checks on a targeted basis based on an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health.
Amendment 56 #
2015/0306(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should take all the necessary steps to issue the European travel document for returns to ensure the effective return of migrants staying illegally in the Union, with full respect for Union law.
Amendment 66 #
2015/0306(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to amend or supplement certain non-essential elements of the model for a European travel document for return, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016* In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ * OJ XXX, XXX, p. XXX.
Amendment 72 #
2015/0306(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the format, and the technical and security specifications of a harmonised European travel document for the safe return of third- country nationals.
Amendment 84 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The document shall be valid for a single journey tountil the returnee arrives at the third country of return.
Amendment 71 #
2015/0281(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015. In addition, the European Union and its Member States face increased threats from individuals inspired or instructed by terrorist groups abroad but who remainand within Europe.
Amendment 72 #
2015/0281(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Considering that the internet is being used for terrorist propaganda and recruitment, Member States should take appropriate measures for flagging illegal content on the internet and facilitating the detection of such content, and cooperate with each other, with Europol and other relevant Union agencies, as well as with civil society organisations active in this field.
Amendment 83 #
2015/0281(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Taking account of the evolution of terrorist threats and legal obligations to the Union and Member States under international law, the definition of terrorist offences, including offences related to a terrorist group and offences related to terrorist activities, should be further approximated in all Member States, so that it covers more comprehensively conduct related to in particular foreign terrorist fighters and terrorist financing. These forms of behaviour should be punishable also if committed through the Internet, including social mediawhile respecting the principle of proportionality, with regard to the legitimate aims pursued and to the necessity of criminalisation in a democratic society.
Amendment 89 #
2015/0281(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Nothing in this directive shall have the effect of altering the rights, obligations and responsibilities of the Member States, humanitarian organisations and individuals under international law. The activities of parties to armed conflict, which are governed by international humanitarian law within the meaning of these terms under that law, and, inasmuch as they are governed by other rules of international law, are not governed by this Directive. Humanitarian activities carried out by impartial humanitarian organisations internationally recognised should not be considered as contributing to the criminal activities of terrorist groups.
Amendment 93 #
2015/0281(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The offences related to terrorist activities are of a very serious nature as they have the potential to lead to the commission of terrorist offences and enable terrorists and terrorist groups to maintain and further develop their criminal activities, justifying the criminalisation of such conduct.
Amendment 102 #
2015/0281(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The offenses related to public provocation to commit a terrorist offence act may comprise, inter alia, the glorification and justification of terrorism or the dissemination of messages or images including those related to the victims of terrorism as a way to gain publicity for the terrorists cause or seriously intimidating the population, provided that such behaviour causes a danger that terrorist acts may be committed. To strengthen action against public provocation to commit a terrorist offence, Member States may take measures to remove webpages publicly inciting to commit terrorist offences. Such measures should be taken after adequate control by the judicial authority, in order to guarantee their proportionality and the full respect of fundamental rights and procedural safeguards.
Amendment 107 #
2015/0281(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act of. The act of travelling should be criminalised only when the terrorist purpose of the travel is proven by objective circumstances and facilitation of such travel should also be criminalised.
Amendment 112 #
2015/0281(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The criminalisation under this Directive is limited to the travel to countries outside the Union as the destination where the person concerned intends to engage in terrorist activities and offences. The travel to the State of destination may be direct or by transiting other States en route.
Amendment 118 #
2015/0281(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disruptiIn a coherent manner with Directive 2015/849/EU on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, terrorism funding should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as travels for terrorist purposes. Any physical or legal person sanctioned for terrorism financing shall be allowed to challenge the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist finrelevant decision rapidly and effectively before anc ing should also be punishabledependent authority.
Amendment 127 #
2015/0281(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the convergence between organised crime and terrorist groups, fighting against organised crime should be part of any strategy in the fight against the financing of terrorism.
Amendment 130 #
2015/0281(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Furthermore, tThe provision of material support for terrorism through persons engaging in or acting as intermediaries in the supply or movement of services, assets and goods, including trade transactions involving the entry into or exit from the Union should be punishable in the Member States, as aiding and abetting terrorism or as terrorism financing if performed with the knowledge that these operations or the proceeds thereof are intended to be used, in full or in part, for terrorist purposes or will, including smuggling of cultural heritage items, should be punishable in the Member States, if performed with the intent of benefiting terrorist groups.
Amendment 137 #
2015/0281(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The attempt to travel abroad for terrorist purposes, shouldMember States may punish the attempt to travel outside the Union when such a travel results, from objectives circumstances, to be punishable, as well as the attempt toequivocally directed to commit terrorist acts or receiving or provideing training and recruitment for terrorismt purposes.
Amendment 140 #
2015/0281(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission mayshould be inferred from objective, factual circumstances.
Amendment 143 #
2015/0281(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) For the offences related to terrorism as set out in this Directive to be punishable, there should always be a link between these offences and a terrorist group or terrorist offence.
Amendment 144 #
2015/0281(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Furthermore, pPenalties should be provided for natural and legal persons having committed or being liable for such offences, which reflect the seriousness of such offences.
Amendment 146 #
2015/0281(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Jurisdictional rules should be established to ensure that the terrorist offences of cross-border nature may be effectively prosecuted. In particular, it appears necessary to establish jurisdiction for the offences committed by the providers of training for terrorism, whatever their nationality, in view of the possible effects of such behaviours on the territory of the Union and of the close material connexion between the offences of providing and receiving training for terrorism.
Amendment 152 #
2015/0281(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure the success of investigations and prosecution of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, those responsible for investigating and prosecuting such offences shall have the possibility to make use of effective investigative tools such as those used in combating organised crime and other serious crimes. Such tools should be proportionate to the nature and gravity of the offences under investigation. In order to ensure the respect of the fundamental rights and freedom and the presumption of innocence and effective procedural safeguards, the use of such investigative tools should always be subject to the control of a judicial authority, and mass surveillance should never be allowed. Every individual should dispose of effective remedies to challenge any violation of his fundamental rights.
Amendment 156 #
2015/0281(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to prevent and combat terrorism, a closer cross-border cooperation among the competent national authorities is needed with regard to timely exchange of relevant information from court records or other available sources on detainees and persons who are or have been subject to criminal proceedings or assets freezing.
Amendment 164 #
2015/0281(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Member State should adopt specific measures of protection, support and assistance responding to the specific needs of victims of terrorism, further qualifying and deepening the rights already contained in the Directive 2012/29/EU of the European Parliament and the Council28 . Victims of terrorism are those defined in Article 12 of the Directive 2012/29/EU, in relation to terrorist offences as referred to in Article 3. The measures to be taken by Member States should ensure that in the event of a terrorist attack, the victims of terrorism will obtain emotional and psychological support, including trauma support and counselling, and any relevant legal, practical or financial information and advice. __________________ 28 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37).
Amendment 175 #
2015/0281(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Member States should co-operate among each-other to ensure that access to information about the victims' rights, about available support services and about accessible compensation schemes is provided to all victims of terrorism. Moreover the Member States should ensure that victims of terrorism have access to a long-term support services in the country of their residence, even if the terrorist offence took place in another EU country.
Amendment 178 #
2015/0281(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Repressive measures should be complemented by long-term policies to prevent the radicalisation and recruitment by terrorist organisations. Strategies on social inclusion, education, and policies tackling discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations, as well as the provision of effective exit-programmes and exit-strategies, are crucial to countering terrorism.
Amendment 185 #
2015/0281(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Given that the objectives of this Directive cannot be sufficiently achieved by the Member States unilaterally and can therefore, because of the need for European-wide harmonised rules, be better achieved at the level of the Union, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article 5, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 190 #
2015/0281(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be interpreted and implemented in accordance with these rights and principles.
Amendment 193 #
2015/0281(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Nothing in this Directive should be interpreted as being intended to reduce or restrict the Union acquis on procedural rights.
Amendment 196 #
2015/0281(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offenceach case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.
Amendment 201 #
2015/0281(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Theis Directive should replaces Framework Decision 2002/475/JHA29 for the Member States bound by this Directive. __________________ 29 As amended by Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA (OJ L 330, 9.12.2008, p. 21).
Amendment 205 #
2015/0281(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, as well as specific measures of protection of and assistance and support to victims of terrorism.
Amendment 208 #
2015/0281(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "terrorist group" shall mean: a structured group of more than two persons, established over a significant period of time and acting in concert to commit various terrorist offences
Amendment 212 #
2015/0281(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Structured group" shall mean a group that have the purpose and the potential of committing various terrorist offences, that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.
Amendment 220 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) undulysing violence or the threat of violence to compelling a Government or international organisation to perform or abstain from performing any act,
Amendment 236 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) seriously threatening to commit any of the acts listed in points (a) to (hc).
Amendment 241 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to ensure that the following acts, when committed intentionally and unlawfully, are punishable as a criminal offence:
Amendment 242 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will significantly contribute to the criminalterrorist activities of the terrorist group.
Amendment 245 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The provision of humanitarian activities by internationally recognised humanitarian organizations shall not be considered as contributing to the criminal activities of the terrorist groups.
Amendment 249 #
2015/0281(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the clear intent to incite the commission of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating terrorist offences, causes a substantial and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally and unlawfully.
Amendment 259 #
2015/0281(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Fundamental principles relating to freedom of expression 1. This Directive shall not have the effect of requiring Member States to take measures in contradiction to fundamental rights and principles, especially those relating to freedom of thought and expression, in particular for the press and other media, as they result from fundamental principles governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2. Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 280 #
2015/0281(COD)
Proposal for a directive
Article 9 – title
Article 9 – title
Travelling abroad for the purpose of terrorism
Amendment 283 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that travelling to another country for the purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities ofoutside the Union which is not that of traveller's nationality or residence, directly or by transiting through one or several Member States, for the purpose of the commission of or contribution to a terrorist groupoffence referred to in Article 43, or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 290 #
2015/0281(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Organising or otherwise facilitating travelling abroad for the purpose of terrorism
Amendment 291 #
2015/0281(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall take the necessary measures to ensure that any act of organisation or facilitation that assistsing or any acts that makes possible for any person into travelling abroad for the purpose of terrorism, as referred to in Article 9, knowing that the assistance thus rendered is for that purpose, is punishable as a criminal offence when committed intentionally and unlawfully. Member States may not punish those whose assistance to the traveller is justified only by family reasons.
Amendment 294 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s)s referred to in Articles 3 to 10 and 12 to 14 or 16, 4 and 9 is punishable as a criminal offence when committed intentionally.
Amendment 324 #
2015/0281(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.
Amendment 326 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall take the necessary measures to ensure that aiding or abetting an offence referred to in Articles 3 to 8, 6, 7 and 112 to 14 is made punishable.
Amendment 330 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3 to 14 is made punishable when it provokes the commission of, or the attempt to commit, one of those offences.
Amendment 332 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that attempting to commit an offence referred to in Articles 3, 6, 7, 9 and 112 to 14, with the exception of possession as provided for in point (f) of Article 3(2) and the offence referred to in pointoffences laid down in point (f) to (i) of Article 3(2), is made punishable.
Amendment 338 #
2015/0281(COD)
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. In line with Directive 2014/42/EU, Member States should provide for the freezing and confiscation of assets used to commit or resulting from the commission of the offences laid down in this directive.
Amendment 340 #
Amendment 341 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 343 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – introductory part
Article 18 – paragraph 1 – point b – introductory part
(b) provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:
Amendment 344 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – point 2
Article 18 – paragraph 1 – point b – point 2
(2) identify or bring to justice the other offenders;
Amendment 351 #
2015/0281(COD)
Proposal for a directive
Article 20 – paragraph 1 – point e a (new)
Article 20 – paragraph 1 – point e a (new)
(ea) freezing and confiscation of assets used for or resulting from the commission of one of the criminal offences laid down in this directive, as provided by Directive 2014/42/EU.
Amendment 360 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.
Amendment 377 #
2015/0281(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Member States shall ensure that measures are available to protect victims of terrorism and their family members, in accordance with Directive 2012/29/EU. With this regard, in the course of criminal proceedings particular attention shall be paid to the risk of intimidation and retaliation and to the need to protect the physical and mental integrity of victims of terrorism, including during questioning and testifying.
Amendment 398 #
2015/0281(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that their competent authorities cooperate among each other to ensure access to information for victims of terrorism who are residents of a Member State other than that one where the terrorist offence was committed. The access to information shall include in particular information about the victims' rights, available support services and accessible compensation schemes. Compensation should be granted to the victims for their participation in the criminal proceedings.
Amendment 208 #
2015/0275(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Member States should put in place adequate incentives for the application of the waste hierarchy, in particular, by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this Directive, such as landfill and incineration charges, pay as you throw schemes, extended producer responsibility schemes and incentives for local authorities. They should also take appropriate simplification measures to promote charitable donations of food or non-food products that can no longer be sold.
Amendment 245 #
2015/0275(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that Member States: - take appropriate measures to prevent waste generation and, in particular by promoting public awareness-raising campaigns and by taking education- and training-related anti-waste measures concerning also reuse, recycling and eco- design, in addition to measures to support business experience in the circular economy, also through charitable donations of food or non-food products that can no longer be sold; - monitor and assess progress in the implementation of such measures. In order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures, common indicators should be established.
Amendment 273 #
2015/0275(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Improper disposal of waste through littering and discharges of sewage and solid waste, like plastic, have detrimental impacts on the marine environment and human health, as well as significant economic and social costs. Such waste also subverts the priority order of the waste hierarchy, in particular by avoiding preparation for re-use, recycling and other recovery prior to disposal. Given the transboundary nature of marine litter and the need to ensure harmonisation in efforts, Member States should take measures to achieve a target for their reduction, utilising monitoring protocols established under Article 11 of Directive 2008/56/EC.
Amendment 276 #
2015/0275(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The European Commission should actively promote sharing platforms as a circular economy business model. It should create a stronger integration between the EU Action Plan for the circular economy and the guidelines for a collaborative economy and investigate all possible measures to provide incentive for it.
Amendment 277 #
2015/0275(COD)
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
Amendment 279 #
2015/0275(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The transition towards a circular economy must seek to achieve the smart, sustainable and inclusive growth goals set out in the Europe 2020 strategy, with particular reference to the targets relating to environmental protection, the shift to clean energy sources, sustainable local development and increased employment in the Member States. The development of a circular economy should, accordingly, also promote the involvement of entities such as small and medium-sized enterprises, social economy enterprises, non-profit institutions and waste management bodies that operate regionally and locally, in order to improve their overall management, foster innovation in processes and products and develop employment in the areas concerned.
Amendment 290 #
2015/0275(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) Small and medium-sized enterprises, social economy enterprises, non-profit institutions and regional and local operators can play an important role in the collection, reuse and processing of waste. Member States should therefore adopt all the necessary measures, including regulatory and financial incentives, to encourage the involvement of these entities in the transition towards a circular economy, in particular by promoting the participation of social economy operators and compliance with social clauses in public procurement, and promoting the development of the latter also through EU funding programmes.
Amendment 457 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e a (new)
Article 1 – paragraph 1 – point 2 – point e a (new)
Directive 2008/98/EC
Article 3 – point 16 a (new)
Article 3 – point 16 a (new)
(ea) The following point 16a is inserted: 16a. "remanufacturing" means the process of bringing a product to a like- new condition through reusing, reconditioning, and replacing component parts;
Amendment 459 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e b (new)
Article 1 – paragraph 1 – point 2 – point e b (new)
Directive 2008/98/EC
Article 3 – point 16b (new)
Article 3 – point 16b (new)
(eb) The following point 16b is inserted: 16b. "reconditioning" means the process of returning a product to a satisfactory working condition by rebuilding or repairing major components that are close to failure;
Amendment 505 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f d (new)
Article 1 – paragraph 1 – point 2 – point f d (new)
Directive 2008/98/EC
Article 3 – point 24 (new)
Article 3 – point 24 (new)
(fd) The following point is inserted: 24. 'food waste' means edible and inedible food removed from the supply chain or disposed of at processing, manufacturing, retail and consumer levels, and food wastage along the whole production and consumer supply chain, including primary production, transportation and storage losses;
Amendment 530 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/98/EC
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. Member States shall make use of adequate economic instruments and measures as listed in Annex IV a to provide incentives for the application of the waste hierarchy.
Amendment 539 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2008/98/EC
Article 4 – paragraph 3a (new)
Article 4 – paragraph 3a (new)
(3a) In Article 4, the following paragraph 3a is inserted: ‘(3a) In addition to the established waste hierarchy referred to paragraph 1, the following specific food hierarchy shall apply as a priority order in food waste prevention and management legislation and policy: a) source prevention; b) edible food rescue, prioritising human over animal feed or biochemical reprocessing; c) residential composting and / or conversion into other products; d) centralised composting or anaerobic digestion; e) mechanical biological mixed waste treatment;’
Amendment 605 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
Directive 2008/98/EC
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(ba) The following paragraph 4a is inserted: ‘4a. Where such criteria have not been established either at national level, Member States shall ensure that waste which has undergone a recovery operation, is considered to have ceased to be waste if it complies with specific conditions which shall be verified on a case-by-case basis by the national competent authority.’
Amendment 653 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2008/98/EC
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission shall organise an exchange of information between Member States, civil society organizations and the actors involved in producer responsibility schemes on the practical implementation of the requirements defined in Article 8a and on best practices to ensure adequate governance and cross- border cooperation of extended producer responsibility schemes. This includes, inter alia, exchange of information on the organisational features and the monitoring of producer responsibility organisations, the selection of waste management operators and the prevention of littering. The Commission shall publish the results of the exchange of information.
Amendment 708 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 2
Article 8a – paragraph 2
2. Member States shall take the necessary measures to ensure that the waste holders targeted by the extended producer responsibility schemes established in accordance with Article 8, paragraph 1, are informed about the available waste collection systems, the re- use and preparing for re-use centres, and the prevention of littering. Member States shall also take measures to create incentives for the waste holders to take part in the separate collection systems in place, notably through economic incentives or regulations, when appropriate.
Amendment 750 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a –paragraph 4 – point a – indent 1
Article 8a –paragraph 4 – point a – indent 1
- costs of separate collection, and of transport to the sorting and treatment plants, including transport from islands or from remote areas, where possible, of the sorting and treatment operations required to meet the waste management targets referred to in paragraph 1, second indent, taking into account the revenues from re-use or sales of secondary raw material from their products;
Amendment 763 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point a – indent 1 a (new)
Article 8a – paragraph 4 – point a – indent 1 a (new)
- costs of storage systems for used products;
Amendment 764 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point a – indent 1 b (new)
Article 8a – paragraph 4 – point a – indent 1 b (new)
- costs of re-use systems;
Amendment 850 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 1 a (new)
Article 9 – paragraph 1 – indent 1 a (new)
- discourage the use of single-use items and non-reusable or non-recyclable packaging, in particular for items and packaging made of plastics, preventing the risk of micro plastic entering waste water treatment systems and being discharged into oceans;
Amendment 852 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 1 a (new)
Article 9 – paragraph 1 – indent 1 a (new)
- promote and support the production and the use of products that are easy to switch from physical to digital dimension and easy to share in a collaborative platform;
Amendment 871 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 3 a (new)
Article 9 – paragraph 1 – indent 3 a (new)
- encourage the setting up of systems promoting remanufacturing and reconditioning activities;
Amendment 892 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 5
Article 9 – paragraph 1 – indent 5
- reduce the generation of food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in householdsthrough every stage of the agri-food supply chain, from primary production up to household consumption, with a special focus on waste from food products which would have the potential to be used for human food or animal feed.
Amendment 902 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
- reduce land-based litter which is likely to end up in the marine environment with the aim of achieving a Union marine litter reduction target of 50 % by 2025, with specific prevention measures on the top ten items found on beaches;
Amendment 924 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 5 a (new)
Article 9 – paragraph 1 – indent 5 a (new)
- develop and support awareness- raising, communication and education activities and campaigns, geared to the issue of prevention.
Amendment 983 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2008/98/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Member States shall take measures to promote high quality recycling and, to this end, shall set up separate collection of waste where technically, environmentally and economically practicable and appropriate to meet the necessary quality standards for the relevant recycling sectors and to attain the targets set out in paragraph 2, factoring in, at local and regional level, small and medium-sized enterprises, social economy undertakings, non-profit organisations and other operators on the ground, and promoting start-ups and the establishing of innovative companies specialising in separate waste collection and waste recycling.
Amendment 1002 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2008/98/EC
Article 11 – paragraph 1 – subparagraph 4
Article 11 – paragraph 1 – subparagraph 4
Member States shall take measures to promote selective demolition as well as sorting systems for construction and demolition waste and for at least the following: wood, aggregates, metal, glass and plastermineral fractions (concrete, bricks, tiles and ceramics), metal, plastics, glass and plaster. Member States are also strongly encouraged to integrate sorting out of recyclable construction waste in their Green Public Procurement Rules for construction activities.
Amendment 1083 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
4a. By 2020, in order to harmonise re- use and recycling targets stated in Article 11 paragraph 2 point (b), and in view of promoting the circular economy for construction and demolition waste, the Commission shall evaluate Member States’ implementation reports and the amount of construction and demolition waste used for backfilling operations, including reprocessing of waste into materials that are to be used for backfilling, and propose a separate re-use and recycling target for construction and demolition waste which excludes backfilling operations. For recyclable waste, recycling should be the preferred option over backfilling according to Article 4 of this Directive.
Amendment 1170 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2008/98/EC
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
(12a) In Article 12, the following paragraph is added: 'The Commission shall adopt an implementing act to establish detailed rules on the technical criteria and operational procedures related to the disposal operations D2, D3, D4, D6, D7, and D12 in order to prevent the negative impacts on the human health and environment.'
Amendment 1172 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2008/98/EC
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
(12a) In Article 12, the following paragraph is added: 'Member States shall take the necessary measures to ensure that by 2030 the amount of municipal waste and waste which derive from the treatment of municipal waste is disposed of, is reduced to a maximum of 10% of the total amount of municipal waste generated.'
Amendment 1206 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph – 1 (new)
Article 22 – paragraph – 1 (new)
Member States shall take the necessary measures to ensure that by 2025, the organic recycling of separately collected bio-waste from municipal waste shall be increased to a minimum 65% by weight.
Amendment 1210 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 1
Article 22 – paragraph 1
Member States shall ensure the separate collection at source of bio-waste where technically, environmentally and economically practicable and appropriate to ensure the relevant quality standards for compost and digestate and to attain the targets set out in Article 11(2)(a), (c) and (d) and 11(3). Waste with similar biodegradability and compostability properties in accordance with the EN 13432/2002 standard shall be collected together with the bio – waste.
Amendment 1256 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a a (new)
Article 1 – paragraph 1 – point 17 – point a a (new)
Directive 2008/98/EC
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
(aa) the following paragraph is inserted: (2a) By the end of 2020 Member States shall adopt specific national food waste prevention programmes within their national waste prevention programmes as referred to in this Article;
Amendment 74 #
2015/0269(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easily erased and to clarify on which components thethat markings should be affixed on all essential components of a firearm, common Union rules on marking should be introduced.
Amendment 82 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokers. However, an exception to this rule may be permissible if, following an on line sale, the firearm in question or its essential components can be collected by the person acquiring the firearm only at the premises of police or other competent authorities of Member States as determined under national law.
Amendment 123 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that all the essential components of any firearm or part placed on the market hasve been marked and registered in compliance with this Directive.
Amendment 129 #
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 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and its essential components, Member States shall, at the time of manufacture of each firearm or each essential component for that firearm or at the time of import to the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 132 #
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 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 136 #
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 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm or any of its essential components from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government.
Amendment 142 #
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, essential components, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 174 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2a (new)
Article 5 – paragraph 2a (new)
(2a) Provided that the correct procedure is followed for the standardised test, no liability shall attach to the authority or the individual conducting the suitability test in relation to the actions of a person subject to that test.
Amendment 197 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States. Member States may derogate from this rule if, following an on line sale, the firearm in question or its essential components can be collected by the person acquiring the firearm only at the premises of police or other competent authorities of Member States as determined under national law.
Amendment 182 #
2015/0149(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union is committed to building an Energy Union with a forward looking climate policy. Energy efficiency is a crucial element of the European Union’s 2030 Climate and Energy Policy Framework and is key to moderate energy demand and limit greenhouse gas emissions.
Amendment 199 #
2015/0149(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Improving the efficiency of energy- related products through informed consumer choice benefits the Union economy overall, drives innovation and will contribute to the achievement of the Union’s 2020 and 2030 energy efficiency targets as well as achievement of the EU’s environmental and climate action targets. It will also allow consumers to save money by reducing household energy bills.
Amendment 203 #
2015/0149(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption. This target will be reviewed by 2020 having in mind an Union level of 30%. They also set a binding EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30% reduction of emissions in non-ETS sectors. Parliament has, in a number of resolutions, called for binding 2030 climate and energy targets of at least 40% reduction in CO2 emissions, at least 30% for renewables and 40% for energy efficiency, to be implemented by means of individual national targets;
Amendment 212 #
2015/0149(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer’s choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy-related products. It should be supplemented with a product information sheet. The label should be easily recognisable, simple and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products. A classification using letters from A to G has shown to be most effective for customers. In situations where, because of ecodesign measures under Directive 2009/125/EC, products can no longer fall into classes ‘F’ or ‘G’ertain classes, those classes should notnetheless be shown on the label. For exceptional cases this should also be exten using a recognisable graphic format, in ordedr to the ‘D’ and ‘E’ classes, although this situation is unlikely to occur given that the label would be rescaled once a majmaintain a single scale from A to G for all categorityes of product models falls into the top two classes.
Amendment 242 #
2015/0149(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten yearsten years at the most would be appropriate, taking into account the need to avoid over -burdening manufacturers, reflecting the different levels of energy efficiency, in line with the technological advancement of each product group throughout the entire distribution cycle. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframe.
Amendment 263 #
2015/0149(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council21 apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively through ongoing exchanges of information, particularly regarding the outcome of product conformity assessments and the marketing or withdrawal from the market of certain products. Such cooperation on energy labelling should be reinforced through support by the Commission. __________________ OJ L 218, 13.8.2008, p. 30.
Amendment 276 #
2015/0149(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should provide their product compliance information electronically in a database established by the Commission. The information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels, with suppliers being required to provide them with labels promptly and free of charge. Market surveillance authorities should have access to the information in the database.
Amendment 283 #
2015/0149(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) To ensure fair competition in the European Union, market surveillance authorities need to perform compliance monitoring also through product testing to verify if the declared product performance data for products is correct
Amendment 292 #
2015/0149(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to check compliance with harmonised rules for the calculation and measurement of product standards, provision should be made for checks by the supervisory authorities to verify product conformity with the requirements of this Regulation; these tests should, moreover, be carried out so as to reflect real conditions of product use and design features intended to falsify test results should be specifically prohibited.
Amendment 297 #
2015/0149(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Ecodesign has achieved significant results in terms of improving energy efficiency and energy consumption of products, thereby decreasing household energy costs and consumption and reducing greenhouse gas emissions. The list of products covered by this legislation therefore needs to be extended and all resource efficiency characteristics included, as soon as possible, in mandatory product design requirements, by determining horizontal requirements which should relate to, amongst other things, the durability of products and the extent to which they can be repaired, reused or recycled.
Amendment 336 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘Product groups’ means all energy- related products with the same functionality and, in the case of multipurpose energy-related products, having the same main functionality or the same set of main functionalities;
Amendment 352 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Rescale’ means a periodic exercise to make more stringent the requirements for achieving the energy class on a label for a particular product, which, for existing labels may imply the deletion of certain energy classes;
Amendment 359 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘Supplementary information’ means information on the functional and, environmental and resource-efficiency performance of an energy- related product, such as for example its absolute energy consumption or, durability, the extent to which it can be repaired and its recycled material content, which is based on data that are measurable by market surveillance authorities, is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.
Amendment 411 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) they shall, where they do not have a label or a rescaled label;, and subject to the requirement incumbent on suppliers to provide them with labels promptly and free of charge:
Amendment 450 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take all appropriate measures to ensure that suppliers and dealers comply with the obligations and requirements of this Regulation and of the relevant delegated acts. In order to prevent the database becoming an advantage for free-riders, Member States shall verify the correctness and completeness of the database and communicate the results to the EU Commission and to the other Member States. In order to assure the correctness, Member States' market surveillance authorities shall evaluate product performance through product testing for at least 5% of the product models available for sale in the respective country, per specific product category and annually. The test results shall be evaluated versus the data that has been provided by suppliers to the database. In order to assure the completeness, Member States' market surveillance authorities shall evaluate at least 20% of the product models available for sale in the respective country, per specific product category and annually, whether those products are registered in the database or not.
Amendment 485 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that the information published on the label or the information sheet of an energy- related product covered by a delegated act under this Regulationdoes not comply with the requirements set out by a delegated act, and therefore could presents a risk to aspects of public interest protection covered by this Regulation, they shall carry out, they shall carry out, in accordance with Regulation 765/2008/EU, an evaluation in relation to the energy-related product concerned covering all the requirements laid down in this Regulation and its relevant delegated acts. The supplier shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 490 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The energy-related products with label should be subject to random testing. These tests should be made periodically for each group of products by the national supervisory authorities on the basis of harmonised standards, in order to assess their compliance with the requirements of this Regulation and its delegated acts. The supervisors shall also verify, through random checks, that all energy products referred to in this Regulation are actually registered in the database established under Article 8.
Amendment 491 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The Commission shall adopt through a delegated act in accordance with Article 13 of this Regulation, rules designed to harmonise at European level the implementation of tests conducted by national supervisory authorities, setting deadlines and methods in which the tests have to be carried out. The tests should in any case reflect the real conditions of use of the products.
Amendment 492 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. It is strictly forbidden to design products aimed at altering the test results in order to defraud market surveillance authorities.
Amendment 501 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the mMarket surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.
Amendment 525 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. When, for a given product group, no models belonging to energy classes D, E, F or G are allowed to be placed on the market any more because of an implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall no longer be shown on the labelIn situations where, because of ecodesign measures under Directive 2009/125/EC, products can no longer fall into certain classes, those classes should nonetheless be shown on the label using a recognisable graphic format, in order to maintain a single scale from A to G for all categories of product.
Amendment 530 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when a label is introduced or rescaled, the requirements are laid down so that no products are expected to fall in energy classes A or B at the moment of the introduction of the label and so that the estimated time within which a majority of modelsconsumers are fully aware of the energy performances of the various products. For this reason, the Commission shall carry out a preparatory study with the aim of measuring if further technological and market development can be expected soon and the label requirements are laid down so that 30% of the products sold within the Union market are not expected to falls into those classes shall be at least the highest energy efficiency class within at least the following ten years later.
Amendment 549 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallyviewed periodically and re-scaled when technological progress in the relevant product group makes it appropriate, every ten year at the latest or when 30% of the products sold within the Union market fall in the highest energy efficiency class.
Amendment 583 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point b a (new)
Article 7 – paragraph 5 – point b a (new)
(ba) The design of the rescaled label shall vary visibly from its predecessor. The European Commission shall ensure the development of a widespread communication and information campaigns to be rolled out by Member States in accordance with Article 4.4, aiming at informing consumers on the rescaled label and clarify that there is no downgrading in the general quality of the products.
Amendment 589 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before the date of application of this Regulation shall be considered as labels for the purposes of this Regulation. The Commission shall review those labels within five years of the entry into force of this Regulation with a view to rescaling them, when technological progress in the relevant product group makes it appropriate and 30% of the products sold in within the Union market fall in the highest energy efficiency class.
Amendment 603 #
2015/0149(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall establish and maintain a product database including the information referred to in Annex I. The information listed under point 1 of Annex I shall be made publicly available. In order to prevent the database becomes an advantage for free-riders, Member States market surveillance authorities shall evaluate at least 20% of the product models available for sale in the respective country, annually and per product category, to ensure that products are registered in the database.
Amendment 604 #
2015/0149(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall establish and maintain a product database including the information referred to in Annex I. The information listed under point 1 of Annex I shall be made publicly available; the information listed under point 2 of Annex I shall be made available only to the Commission and the national surveillance authorities, who shall ensure that the content of such information remains confidential.
Amendment 683 #
2015/0149(COD)
Proposal for a regulation
Annex I – part 1 – point e a (new)
Annex I – part 1 – point e a (new)
(ea) additional information
Amendment 91 #
2015/0148(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is important that the EU ETS, despite being the Union's primary tool for achieving the Union’s long-term climate and energy targets, should be complemented by equivalent additional actions taken in other legal acts and instruments dealing with greenhouse gas emissions from sectors not covered by the EU ETS, in order to honour the agreed commitment that all sectors of the economy contribute to the fulfilment of the target of reducing the overall greenhouse gas emissions of the Union by at least 40% below 1990 levels by 2030.
Amendment 98 #
2015/0148(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Union has both the responsibility and capability to act in a vigorous and cost-effective manner to mitigate climate change and honour the Paris Agreement to limit the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels. The environmental and socio- economic benefits for the Union to increase its efforts to mitigate climate change by far outweigh the costs which will inevitably incur for the Union if it fails to take sufficient action.
Amendment 143 #
2015/0148(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiawilly compensate, in accordance with state aid rulesthrough a centralised arrangement at Union’s level, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. A harmonised system will therefore avoid competitive distortions between Members States. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 170 #
2015/0148(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) To increase the environmental benefits of emissions reductions in the Union without causing undesired social effects, financial support should be given to regions and sectors which depend on carbon-intensive activities, so as to enable a just and fair transition to a Union low- carbon society. The impact of the energy transition on such regions and sectors should be better assessed and taken into account, especially considering the future of those workers who will be affected by the transition to a Union low-carbon society.
Amendment 254 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
Up to 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain Member Statesharmonised compensation scheme as set out in Article 10da, paragraph 6, of this Directive (“the Modernisation Fund”).
Amendment 259 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point b – point ii
Article 1 – point 4 – point b – point ii
Directive 2003/87/EC
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
'(b) 10% of the total quantity of allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and grset aside for the creation of a Just Transition Fund as a complement to the European Regional Development Fund and the European Social Fund. The revenues of these auctions shall remain at the Union level, with the goal to use them for cushioning the social impact of the climate policies required in order to enable the necessary transition to a low- carbon society in regions which combine a high share of workers in carbon- dependent sectors and a GDP per capita well below th within the Community, thereby increasing the amount of allowances that those Member States auce Union-average. These auctioning revenues aimed at just transition shall be used in one or several of the following ways, while fully complying with the fundamental rights of non-discrimination and gender-equality: - creating redeployments and/or mobility cells; - education/training initiatives to re- skill or upskill workers; - support in job search, including paid time-off to search for jobs; - social protection measures; - subsistence allowances; - business creation; and - monitoring and pre-emptive measures to avoid or minimise the negative impact of restructuring process on physical and mental health. The core activities to be financed by the Just Transition Funder point (a) by the percentages specified in Annex IIa."; and' are strongly related to the labour market and therefore social partners shall be actively involved in the fund management – on the model of the ESF committee – and the participation of local social partners shall be a key requirement for projects to receive funding.'
Amendment 276 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point j
Article 10 – paragraph 3 – point j
Amendment 318 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – introductory part
Article 10a – paragraph 2 – subparagraph 3 – introductory part
The benchmark values for free allocation shall be adjusted and calculated in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% ofthat has occurred since the period 2007 to 2008. This calculation shall review the benchmark values set by the act adopted pursuant to this Article based on verified data collected in accordance with Article 11(1) and increase the number of product benchmarks as much as possible, in order to reduce the application of fall back approaches to a minimum. Where the vcalue that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:culation of product benchmarks is not feasible and fall back approaches still represent the allocation method, rules to prevent perverse incentives deriving from activity level reduction linked to energy efficiency improvement shall be developed.
Amendment 380 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point d
Article 1 – point 5 – point d
Directive 2003/87/CE
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Amendment 412 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
Amendment 557 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1– point c – point iii b (new)
Article 10c – paragraph 2 – subparagraph 1– point c – point iii b (new)
(iiib) do not contribute to any coal-fired energy generation capacity nor increase coal-dependency.
Amendment 615 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 1
Article 10d – paragraph 4 – subparagraph 1
The fund shall be governed by an investment board and a management committee, which shall beadvisory board chaired by the beneficiary Member States and the EIB. The advisory board is composed of representatives from the beneficiary Member States, the Commission, the EIB and three representatives elected by the other Member States for a period of 5 years. The investmentadvisory board shall be responsible to determine afor the elaboration of guidance in relation to the objectives of an Union-level investment policy with regard to this fund, appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day-to-dathe role of national financing institutions as well as investment selection criteria, based on criteria established in article 10c paragraph 2, the technological neutrality of projects, coherence with the 2030 policy objectives, respecting specific circumstances of the beneficiary Member States as well as transparency management of the fundd accuracy in the selection process. Separate guidance, covering the selection criteria, the role of national institutions and available financing instruments, shall be developed for small-scale investment projects.
Amendment 628 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 2
Article 10d – paragraph 4 – subparagraph 2
The investment board shall elect a representative from the Commission as chairman. The investmentadvisory board shall strive to take decisions by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majority.
Amendment 45 #
2015/0125(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26.100 children, of whom around 13.000 were unaccompanied (7.6% of the total migrants arrived). A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015 in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75%, represented more than 40% of the irregular migrants in Italy and more than 50% of them in Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.
Amendment 58 #
2015/0125(NLE)
Proposal for a decision
Recital 14
Recital 14
Amendment 66 #
2015/0125(NLE)
Proposal for a decision
Recital 17
Recital 17
(17) The measures foreseen in this Decision entail a temporary derogation from the criterion laid down in Article 13(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council and the procedural steps, including the time limits, laid down in Articles 21, 22 and 29 of that Regulation. Child rights principles and the best interest of the Child should be the primary consideration in all procedures put in place.
Amendment 86 #
2015/0125(NLE)
Proposal for a decision
Recital 25
Recital 25
(25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants within the meaning of Articles 21 and 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration; the application of this Decision shall not compromise the level of protection resulting from the judgment of the Court of Justice of 6 June 2013, Case C-648/11. 10 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (OJ L 180, 29.6.2013, p.96).
Amendment 91 #
2015/0125(NLE)
Proposal for a decision
Recital 26
Recital 26
(26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills. In the case of particularly vulnerable applicants, and particularly in the case of unaccompanied minors, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants.
Amendment 118 #
2015/0125(NLE)
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Relocation pursuant to this Decision shall onprimarily be applied in respect of applicants belonging to nationalities for which, according to the latest available EU-wide average Eurostat data, the proportion of decisions granting international protection among decisions taken at first instance on applications for international protection as referred to in Chapter III of Directive 2013/13/EU is 75% or higher. In the case of stateless persons, the country of former habitual residence shall be taken into account.
Amendment 141 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 9
Article 5 – paragraph 9
9. The relocation procedure provided for in this Article shall not take longer than one month from the time of identification of the specific applicants to be relocated in line with paragraph 2 of this Article, and, unless this is contrary to the interest of the person concerned, should be completed no later than two months from the day of his/her arrival in Italy or Greece.
Amendment 154 #
2015/0125(NLE)
Amendment 41 #
2015/0009(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The purpose of the EFSI should be to help resolve the difficulties in financing and implementing productive investments in the Union and to ensure increased access to financing. It is intended that increased access to financing should be of particular benefit to small and medium enterprises. It is also appropriate to extend the benefit of such increased access to financing to mid- cap companies, which are companies having up to 3000 employees. Overcoming Europe's current investment difficulties should contribute to strengthening the Union's economic, social and territorial cohesion and energy and resource efficiency by transitioning into a sustainable, digital and circular economy.
Amendment 49 #
2015/0009(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The EFSI should support strategic investments with high economic value added contributing to achieving Union policy objectivesor operations between a Member State and a country falling within the scope of the European Neighbourhood Policy including the Strategic Partnership, the Enlargement Policy, and the European Economic Area or the European Free Trade Association, or investments implementing the EU Macro-regional strategies and operations between a Member State and an Overseas Country or Territory, as set out in Annex II of the Treaty on the Functioning of the European Union. The investment should guarantee high economic, social and environmental value added, promoting quality jobs, sustainable innovation, skills and high quality employment, integrating and completing the single market, boosting the competitiveness of the EU. These strategic projects should benefit from positive externalities created by public investment and European Structural and Investment Funds in order to achieve Union policy objectives, including economic convergence between Member States and social cohesion.
Amendment 70 #
2015/0009(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The EFSI should target projects delivering high societal, sustainable and economic added value. In particular, the EFSI should target projects that promote jobsustainable high quality employment creation, long- term sustainable growth and competitiveness, which will help achieve the EU's climate, energy and digital agenda goals. The EFSI should support a wide range of financial products, including equity, debt or guarantees, to best accommodate the needs of the individual project. This wide range of products should allow the EFSI to adapt to market needs whilst encouraging private investment in the projects. The EFSI should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money. The requirement for consistency with State aid principles should contribute to such effective and strategic use.
Amendment 87 #
2015/0009(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EFSI should target investments that are expected to be economically and technic, technically and environmentally viable, which may entail a degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing.
Amendment 203 #
2015/0009(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Union shall provide a guarantee to the EIB for financing or investment operations carried out within then irrevocable and unconditional guarantee for financing or investment operations carried out within the Union, or operations between a Member State and a country falling within the scope of the European Neighbourhood Policy including the Strategic Partnership, the Enlargement Policy, and the European Economic Area or the European Free Trade Association, or investments implementing the EU Macro-regional strategies and operations between a Member State and an Overseas Country or Territory, as set out in Annex II of the Treaty on the Functioning of the European Union, covered by this Regulation ('EU guarantee'). The EU guarantee shall be granted as a guarantee on demand in respect of instruments referred to in Article 6.
Amendment 206 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The EU guarantee shall be granted for EIB financing and investment operations, focused at fostering the transition towards a smart, sustainable and decarbonized economy and at speeding up the transition towards a digital economy, based on the smart use of new available technologies approved by the Investment Committee referred to in Article 3(5) or funding to the EIF in order to conduct EIB financing and investment operations in accordance with Article 7(2). The operations concerned shall be consistent with Union policies and support any of the following general objectives:
Amendment 228 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) expansion of renewable energy and energy and resource efficiency, with a particular focus on projects investing on fostering the circular economy;
Amendment 9 #
2014/2254(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities, adopted in New York on 13 December 2006,
Amendment 11 #
2014/2254(INI)
Motion for a resolution
Citation 6
Citation 6
– having regard to the Universal Declaration of Human Rights and the United Nations conventions on the protection of human rights and fundamental freedoms,
Amendment 13 #
2014/2254(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the United Nations Convention on the Rights of the Child, adopted in New York on 20 November 1989,
Amendment 14 #
2014/2254(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the following General Comment of the UN Committee on the Rights of the Child: No 7 (2005) on implementing child rights in early childhood, No 9 (2006) on the rights of children with disabilities, to No 10 (2007) on children's rights in juvenile justice, No 12 (2009) on the right of the child to be heard, No 13 (2011) on the right of the child to freedom from all forms of violence, No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration,
Amendment 35 #
2014/2254(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data2 , __________________ 2, to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, and to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, __________________ 2 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31.
Amendment 37 #
2014/2254(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016, in particular the provisions on financing the development of guidelines on child protection systems and on the exchange of best practices,
Amendment 38 #
2014/2254(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to Commission recommendation 2013/112/EU of 20 February 2013 entitled 'Investing in children: breaking the cycle of disadvantage'
Amendment 39 #
2014/2254(INI)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to its resolution of 12 September 2013 on the situation of unaccompanied minors in the EU(4) ,
Amendment 40 #
2014/2254(INI)
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and to the Beijing Platform for Action, to its resolutions of 25 February 2014 with recommendations to the Commission on combating violence against women and of 6 February 2014 on the Commission communication entitled 'Towards the elimination of female genital mutilation', and to the Council conclusions of 5 June 2014 on preventing and combating all forms of violence against women and girls, including female genital mutilation,
Amendment 46 #
2014/2254(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
– having regard to the package of directives on Procedural Defence Rights in the EU,
Amendment 58 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its Resolution on 25th anniversary of the UN Convention on the Rights of the Child of 27 November 2014
Amendment 82 #
2014/2254(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas human beings who are citizens or residents are placed at centre stage in the European Union and whereas the personal, civil, political, economic and social rights recognised by the Charter not only have the aim of protecting European citizens and residents against any interference, abuse or violence but are also preconditions for ensuring their full and untroubled personal development;
Amendment 92 #
2014/2254(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems, hence it is of vital importance to establishing an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU) requires the EU and each Member State to uphold fundamental rights in full;
Amendment 101 #
2014/2254(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis and whereas the response of the EU and the Member States has seriously compromised the wellbeing of citizenswhose impact, in combination with an EU response excessively biased towards austerity policies rather than towards reviving sustainable growth, in some Member States has seriously damaged the quality and quantity of services and hence the wellbeing of citizens, particularly families and old people living alone, and their fundamental rights;
Amendment 103 #
2014/2254(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis, and whereas the response of the EU and the Member States has seriously compromised the wellbeing of citizens and their fundamental right, including children and young people and the respect of their fundamental rights, and further increased the socio-economic exclusion of citizens in several countries;
Amendment 168 #
2014/2254(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation, public policies and their implementation;
Amendment 187 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions;
Amendment 188 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Reiterates its call on the Commission to propose a new child rights strategy and action plan for the next five years, building on and upgrading the EU Agenda on the Rights of a Child;
Amendment 189 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on Member States to ensure that the principle of the best interests of the child is respected in all legislation and decisions taken at all levels and encourages Member States to share best practices with a view to improving the correct application of the principle of the best interests of the child across the EU;
Amendment 239 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism will not act as a sufficient deterrent when it comes to , which represents a first attempt to remedy the existing shortcomings with regard to preventing and resolving fundamental rights violations and breaches of the principles of the rule of law in Member States;
Amendment 246 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Calls on the Commission to reviewimplement and to further perfect the said mechanism with the aim of:
Amendment 270 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) ensuring that Article 7 TEU is implemented automatically by which the possibility of applying double standards can be fully avoided; defining the criteria for "clear risk of breach" and "serious and persistent breach" building inter alia on the case law of European Court of Justice and the European Court of Human Rights, should such a mechanism fail, and that the possibility of imposing further penalties in keeping with European law is considered;
Amendment 279 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Council to push for a more ambitious plan on the rule of law framework that enables the various European institutions to monitor and safeguard Member States' compliance with the rule of law; either in form of a Treaty change, allowing the fundamental values enshrined in Article 2 to be monitored and safeguarded beyond the areas covered by EU law, or in form of a peer review, with the involvement of the European institutions and possibly the Council of Europe and its Venice Commission; considers that such ambitious plan should also foresee a more important role for the European Court of Justice that is not limited to procedural guarantees;
Amendment 281 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Council to find a common ground on the precise content of the principles and standards stemming from the rule of law that vary at national level and to consider the already existing definition of the rule of law of the European Court of Justice, as a starting point for debate, that include legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law;
Amendment 333 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the institutions and the Member States to ensure, also when drawing up and implementing all their legislative and administrative measures with a view to protecting security, that they fully respect the fundamental rights and principles laid down, in particular, in the Treaties, the Charter of Fundamental Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms;
Amendment 353 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, trafficking, honour killing, female genital mutilation, child soldiers and human shields; considers that tradition, culture and religion should never be used to justify violence against children; calls on the Member States to uphold their obligations and combat any form of violence against children, including by formally prohibiting and sanctioning corporal punishment against children; calls on the Member States to increase their cooperation and dialogue with third countries, to raise awareness and to advocate for children's rights to be respected everywhere in the world;
Amendment 361 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited;
Amendment 368 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Member States to ensure effective access to justice for all children, whether as suspects, perpetrators, victims or parties to proceedings;
Amendment 541 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a disability still face today; calls on the Commission and the Member States to implement the European Disability Strategy and to monitor and apply the relevant European legislation; calls on the European Commission to maximize synergies between the EU disability strategy and the provisions of the CEDAW and the UN Convention on the Rights of the Child;
Amendment 546 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. reiterates the importance of protecting and promoting equal access to all rights for Roma children;
Amendment 584 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; in particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU’s equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 650 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 1 a (new)
Paragraph 14 – indent 1 a (new)
– guarantee decent treatment and a decent reception for all migrants and refugees, regardless of their status;
Amendment 661 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– improve legal avenues for refugees and speed up asylum procedures;
Amendment 669 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 3
Paragraph 14 – indent 3
– introduce new procedures for legal entry into the EU, in particular for those who attempt to reach Europe because they are forced by extreme poverty to leave their own lands;
Amendment 683 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on EU institutions to put solidarity and a human rights based approach at the heart of the EU migration policies. Calls on the EU institutions to guarantee that sufficient resources are made available to implement a search and rescue operation in the Mediterranean and promote legal and safe routes for people fleeing wars and seeking for international protection;
Amendment 684 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; calls on the Commission and the Member States to implement Parliament’s resolution of 12 September 2013 on the situation of unaccompanied minors in the EU; calls on the Member States to fully implement the Common European Asylum System package in order to improve the condition of unaccompanied minors in the EU; welcomes the Court of Justice judgment in Case C-648/11 , which stated that the Member State responsible for examining an asylum application made in more than one Member State by an unaccompanied minor is the State in which the minor is present after having lodged an application there; recalls that an unaccompanied minor is above all a child and that child protection, rather than immigration policies, must be the leading principle for Member States and the EU when dealing with them;
Amendment 707 #
2014/2254(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Condemns the practice of detaining irregular migrants, including unaccompanied minors, as a prelude to their expulsion; calls on Member States to comply with the provisions of the ‘Return Directive’;
Amendment 718 #
2014/2254(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to monitor closely the implementation of Directive 2013/32/EU on Asylum Qualification, with particular attention to those asylum seekers with special needs;
Amendment 721 #
2014/2254(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that notwithstanding their refugee or migrant status, respect for children’s rights and their best interest must remain a primary consideration for the EU and its Member States; recalls that a child in the context of migration is above all a child who is in danger and that child protection, rather than immigration policies, must be the leading principle for Member States and the EU when dealing with all children, thus respecting the core principle of the best interests of the child; reminds that children are to be cared for in a safe place - and not in detention facilities – and should be provided with access to education, health, social and legal services with full implementation of existing safeguards especially for the most vulnerable; considers that children should never be subject to detention, including administrative detention, for purpose of migration control and invites Member States to consistently apply alternative methods to detention, in line with the recommendations of the UN Committee on the Rights of the Child and of Parliamentary Assembly of the Council of Europe;
Amendment 722 #
2014/2254(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is concerned about the growing presence on EU territory of unaccompanied minors, many of whom disappear and are exposed to terrible dangers; calls for the EU to take responsibility for this issue, using all available instruments;
Amendment 756 #
2014/2254(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the way in which the financial and economic crisis and the measures taken to deal with it have had an impact – in some cases a drastic one – on economic, social and cultural rights, resulting in poverty, exclusion and isolation; underlines the fact that – according to UNICEF’s report on the impact of the economic crisis on child well-being in rich countries - the rights to education, health and social protection of children and young people in the countries most affected by the crisis have been disproportionately harmed;
Amendment 778 #
2014/2254(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU institutions and the Member States to look into the impact on fundamental rights, including social and labour rights, of the measures proposed or implemented to deal with the crisis and to take remedial action immediatelyor as a result of thereof, and to take action to restore and promote full respect for those rights, using all possible means;
Amendment 779 #
2014/2254(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU institutions to look into the impact on fundamental rights of the measures proposed or implemented to deal with the crisis and to take remedial action immediately, paying special attention to families and to elderly people living alone;
Amendment 788 #
2014/2254(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU institutions, when adopting and implementing austerity measures, to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of civil, economic and social rights;
Amendment 836 #
2014/2254(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption and crime, in particular organised crime, represents a serious fundamental rights violation; calls on the Member States and institutions to devise effective instruments for combatpreventing and curbing corruption and crime and to monitor regularly the use of public funds, be they European or national; to that end, calls on the Member States and the institutions to facilitate the rapid establishment of the European Public Prosecutor's Office, providing appropriate guarantees of independence and efficiency;
Amendment 874 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to assess the impact of detention policies and criminal justice systems on children; points out that across the EU children’s rights are directly affected in the case of children living in detention facilities with their parents; underlines the fact that an estimated 800.000 children in the EU are separated from an imprisoned parent each year, which impacts on the rights of children in multiple ways;
Amendment 875 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Deplores the lack of access to legal aid in many Member States and the fact that this reduces the right to access a lawyer to those with sufficient financial means; regards it as essential that the EU adopt a strong and comprehensive directive on access to legal aid;
Amendment 884 #
Amendment 885 #
Amendment 890 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Commission to develop a renewed EU Agenda for the Rights of the Child with a comprehensive, integrated and ambitious set of goals aiming at filling remaining gaps in existing national legislation, addressing child rights violations, ensuring better protection for all children, guaranteeing legal certainty and contributing to greater coherence of EU action, in line with Better Regulation principles;
Amendment 891 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Recognises that the financial and economic crisis has had a serious negative impact on the realisation of children’s rights and well-being;
Amendment 892 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Commission to ensure increased coordination within its different services and effective mainstreaming of children’s rights across all the EU’s legislative proposals, policies and financial decisions; calls on the Commission to report annually on the progress made on the respect of the rights of children and the full implementation of the EU acquis on children’s rights; calls on the Commission to ensure that the mandate and resources of the children’s rights coordinator adequately reflect the EU’s commitment to systematically and effectively mainstreaming children’s rights;
Amendment 893 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation ‘Investing in children: breaking the cycle of disadvantage’ through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children’s participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 894 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Welcomes the forthcoming guidelines on integrated child protection system and stressed the need for an integrated and coordinated approach to ensure all children are protected against all forms of violence and neglect; underlines the importance of a common EU approach to finding missing children in the EU; calls on the Member States to increase police and judicial cooperation in cross-border cases involving missing children and to develop hotlines to search for missing children and support victims of child abuse;
Amendment 896 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Calls on the Member States to ratify without delay the Optional Protocol to the Convention on the Rights of the Child on a communications procedure; reiterates its call on the European Commission and the VP/HR to explore ways and means for the EU to accede to the UN Convention on the Rights of the Child;
Amendment 30 #
2014/2228(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas under no circumstances can a trade agreement modify existing legislation in contracting countries
Amendment 53 #
2014/2228(INI)
Draft opinion
Recital C
Recital C
Amendment 98 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it misleading on the part of the Commission to try to appease public concerns about the TTIP by stating that existing standards will not be lowered, as this disregards the fact that many standards have yet to be set in the implementation of existing (framework) legislation (e.g. REACH) or by the adoption of new laws (e.g. cloning)that the adoption both of European standards which are still to be set in the implementation of existing (framework) legislation (e.g. REACH) and of new laws (e.g. cloning) should not in any way deviate from the application of the precautionary principle outlined in Article 191 of the TFEU. This ensures high levels of health and environmental protection, including food safety and consumer information, thus responding to citizens’ concerns;
Amendment 122 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concernedNotes that the TTIP negotiationg mandate states thave already affected Commission proposals and actions relating to, for example,t sustainable development and high levels of human health protection are the overarching objectives of the agreement and therefore asks the European Commission to continue to make proposals and act to uphold these objectives, especially as regards food safety and climate protection (e.g. pathogen meat treatments; i, given the socio-economic and empleoyment ramifications of the fuel quality directive)such policies on different sectors of the European economy;
Amendment 141 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is very concerned that the objective of regulatory convergence, including in particularConsiders that the creation of a Regulatory Cooperation Council, will cannot and should not lead to the lowering of future EU standards in key areas for the protection of human health, food safety and the environment in light of the significant differences as compared with the US;
Amendment 292 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is deeply concerned about the lack of transparency in the negotiations, and urges the Commission to give all Members of the European Parliament access to the negotiation texts, in particular the consolidated onesWelcomes the Commission’s decision to make the negotiating mandate public and hopes for more transparency and communication between the different European Institutions involved.
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 110 #
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; emphasises, however, that this does not exclude complaints submitted by third parties acting in the interest of a complainant who prefers to remain anonymous; suggests further that only complaints of concrete fundamental rights violations 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 provisiondevelopment - in cooperation with the Fundamental Rights Agency (FRA) and the European Asylum Support Office (EASO) - 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 120 #
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 at least the top 10 ´nationalities of 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 submit 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 141 #
2014/2215(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recommends that when complaints originate from asylum seekers, in particular those which are part of vulnerable groups such as unaccompanied minors, the Fundamental Rights Office, shall consult with EASO and seek advice.
Amendment 168 #
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; Notes that returnees must be briefed about their fundamental rights prior to return operations, in a way that is understandable and comprehensible to every returnee.
Amendment 68 #
2014/0408(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 102 #
2014/0408(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive applies to suspects or accused persons subject to criminal proceedings referred to in paragraph 1, and to persons subject to European arrest warrant proceedings referred to in paragraph 2, who are no longer children but are still under the age of 21 in the course of those proceedings, which started when they were childrenrelate to offences allegedly committed before those persons had reached the age of 18.
Amendment 158 #
2014/0408(COD)
Proposal for a directive
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) ensure that all other rights of the child are protected
Amendment 12 #
2014/0202(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) No 604/2013
Article 8 – paragraph 4a
Article 8 – paragraph 4a
4a. Where the unaccompanied minor has no family member, sibling or relative legally present in a Member State as referred to in paragraphs 1 and 2, the Member State responsible shall be the one where the unaccompanied minor has lodged an application for international protection and is present, provided thatunless this is inagainst the best interests of the minor.
Amendment 15 #
2014/0202(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) No 604/2013
Article 8 – paragraph 4b – second subparagraph
Article 8 – paragraph 4b – second subparagraph
Where the unaccompanied minor referred to in the first subparagraph lodges an application in the Member State where he or she is present that Member State shall become responsible for examining that application, providedunless this is inagainst the best interests of the minor.
Amendment 17 #
2014/0202(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) No 604/2013
Article 8 – paragraph 4c a (new)
Article 8 – paragraph 4c a (new)
4ca. The decisions relating to the assessment of the best interests of the minor and to the subsequent determination of the Member State responsible must be taken with the participation of the minor, must take account of the opinions expressed by the latter and shall be adopted, validated and/or in any case be liable to monitoring by the judicial authorities in the country in which the minor is currently living.
Amendment 33 #
2014/0011(COD)
Proposal for a decision
Recital 2
Recital 2
(2) The report from the Commission to the European Parliament and the Council on the state of the European carbon market in 21021 identified the need for measures in order to tackle structural supply-demand imbalances. The impact assessment on the 2030 climate and energy policy framework2 indicates that this imbalance is expected to continue, and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework. A change in the linear factor only changes gradually the cap. Accordingly, the surplus would also only gradually decline, such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more. In order to address this problem and to make the European Emission trading System more resilient to imbalances, a market stability reserve should be established. To ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead-time adjusting to the introduction of the design change, the market stability reserve should be established as during phase 3, so as to establish the benefits thereof before the launch of phase 4 starting in 2021. In order to preserve a maximum degree of predictability, clear rules should be set for placing allowances into the reserve and releasing them from the reserve. Where the conditions are met, beginning in 20217, allowances corresponding to 12% of the number of allowances in circulation in year x-21 should therefore be put into the reserve. A corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million. __________________ 7 8COM(2012) 652 final. COM(2012)0652. 8 Insert reference. Insert reference.
Amendment 38 #
2014/0011(COD)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2a) The auctioning of the allowances back-loaded to 2019 and 2020 in accordance with Commission Regulation (EU) No 176/2014 of 25 February 2014 amending Regulation (EU) No 1031/2010, so as to determine in particular the greenhouse gas emission allowance volumes to be auctioned in 2013-2020,1a would be counterproductive. Accordingly, the back-loaded allowances should be placed in the market stability reserve when it becomes operational. _______________ 1a OJ L 56, 26.2.2014, p 11.
Amendment 57 #
2014/0011(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) In pursuing the goal of creating a single energy market, it is necessary to overcome the distortions caused by the current funding mechanism in favour of sectors or sub-sectors deemed to be at significant risk of carbon leakage owing to the knock-on effect on electricity prices of greenhouse gas emissions costs. Further amendments to Directive 2003/87/EC are therefore necessary and the Commission should accordingly propose harmonised arrangements at EU level, different from the mechanism currently governed by state aid rules, which could enter into force at the start of phase 4 in 2021.
Amendment 66 #
2014/0011(COD)
Proposal for a decision
Recital 3 b (new)
Recital 3 b (new)
(3b) EU-harmonised measures different from the current state aid mechanism should be put in place so as to secure a fully level playing field, and to offset, in all Member States, carbon costs passed on through electricity bills.
Amendment 96 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A market stability reserve is established, and shall operate from 1 January 20217.
Amendment 101 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. The Commission shall ensure that the allowances back-loaded in accordance with Regulation (EU) No 176/2014 are placed in the market stability reserve as of 1 January 2017.
Amendment 106 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Commission shall publish the total number of allowances in circulation each year, by 15 May of the subsequent year. The total number of allowances in circulation for year x shall be the cumulative number of allowances issued in the period since 1 January 2008, including the number issued pursuant to Article 13(2) of Directive 2003/87/EC in that period and entitlements to use international credits exercised by installations under the EU emission trading system in respect of emissions up to 31 December of year x, minus the cumulative tonnes of verified emissions from installations under the EU emission trading system between 1 January 2008 and 31 December of year x, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC and the number of allowances in the reserve. No account shall be taken of emissions during the three-year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions. The first publication shall take place by 15 May 20176.
Amendment 119 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. In each year beginning in 20217, a number of allowances equal to 12% of the total number of allowances in circulation in year x-21, as published in May year x-1, shall be placed in the reserve, unless this number of allowances to be placed in the reserve would be less than 100 million 2021.
Amendment 168 #
2014/0011(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
2. “1. From 20217 onwards, Member States shall auction all allowances that are not allocated free of charge in accordance with Article 10a and 10c and are not placed in the market stability reserve established by Decision [OPEUJ: please insert number of this Decision when known] of the European Parliament and of the Council(*).”
Amendment 182 #
2014/0011(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3 d (new)
Article 2 – paragraph 1 – point 3 d (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point - a (new)
Article 10 – paragraph 3 – point - a (new)
3d. In Article 10(3), the following point shall be inserted: "(-a) to establish a fund dedicated to the innovation and modernisation of energy- intensive installations, in particular in the sectors and sub-sectors referred to in Article 10a(15);"
Amendment 205 #
2014/0011(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
By 31 December 202619, the Commission shall, on the basis of an analysis of the orderly functioning of the European carbon market, review the market stability reserve and submit a proposal, where appropriate, to the European Parliament and to the Council. The review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to Article 1(3) and the numerical value of the threshold for the total number of allowances in circulation set by Article 1(4).
Amendment 218 #
2014/0011(COD)
Proposal for a decision
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
By ...* , the Commission shall review Directive 2003/87/EC, taking into account the conclusions of the European Council of 23 and 24 October 2014, in particular with regard to carbon leakage provisions, and the continuation of free allocations, better reflecting changing production levels and incentivising the most efficient performance taking into account direct and indirect carbon costs, and if appropriate shall, in accordance with the ordinary legislative procedure, submit a proposal to the European Parliament and the Council. Both direct and indirect costs will be taken into account so to ensure a global and EU level playing field. __________________ *OJ: Please insert the date: 18 months after the entry into force of this Decision.
Amendment 226 #
2014/0011(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
Article 10(1) of Directive 2003/87/EC as amended by Directive 2009/29/EC shall continue to apply until 31 December 202016.
Amendment 89 #
2013/0409(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) suspects or accused persons in criminal proceedings, who are deprived of liberty and who have a right of access to a lawyer pursuant to Directive 2013/48/EU or other legally binding Union acts;
Amendment 108 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) suspects or accused persons in criminal proceedings, who are deprived of libertyhave the right of access to a lawyer pursuant to Directive 2013/48/EU or other legally binding Union acts;
Amendment 112 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) requested persons deprived of liberty in the executing Member State, who have the right of access to a lawyer pursuant to Directive 2013/48/EU or other legally binding Union acts.
Amendment 136 #
2013/0409(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 143 #
2013/0409(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The right to legal aid referred to in paragraphs 1assessment of the application for ordinary legal anid 2 may be subject to an assessment of the means of the requested person and/or whether it is in the interests of justice to provide legal aid, according to the applicable eligibility criteria in the Member State in questionsubmitted by the requested person shall be based on the eligibility criteria as are laid down in Article 4a.
Amendment 81 #
2013/0407(COD)
Proposal for a directive
Recital 12
Recital 12
(12) "Law enforcement or judicial authorities" for the purposes of this Directive refers to public authorities which, according to national law, exercise powers in the realm of criminal proceedings.
Amendment 83 #
2013/0407(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The presumption of innocence is violated if, without the accused’s having previously been proved guilty according to law, a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convictedir guilt has already been established beyond doubt.
Amendment 102 #
2013/0407(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The right not to incriminate oneself and not to cooperate should not extend to the use in criminal proceedings of material which may be legitimately obtained from the suspect or accused person through the proper use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons, such as material acquired pursuant to a warrant, material in respect of which there is a legal obligation of retention and production upon request, breath, blood and urine samples and bodily tissue for the purpose of DNA testing.
Amendment 107 #
2013/0407(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The right not to incriminate oneself and not to cooperate and the right to remain silent should apply as regards questions material to the offence that someone is - or could be in the light of their own utterances- suspected or accused of having committed and not, for example, as regards questions relating to the personal identification of a suspect or accused person.
Amendment 112 #
2013/0407(COD)
Proposal for a directive
Recital 22
Recital 22
(22) However, the right of the accused person to be present at the trial is not absolute. Uunder certain conditions the accused person may, expressly or tacitly but unequivocally, waive thate right to be present at the trial.
Amendment 134 #
2013/0407(COD)
Proposal for a directive
Article 3
Article 3
Member States shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law, with a final decision.
Amendment 141 #
2013/0407(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that, before a final conviction, public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convictedir guilt has been established beyond doubt.
Amendment 168 #
2013/0407(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The right referred to in paragraph 1 shall not extend to the use in criminal proceedings of material which may be obtained from the suspects or accused personshas an existence independent of the will of the suspects or accused persons and may legitimately be obtained from them through the correct use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused personsprovided for by law.
Amendment 173 #
2013/0407(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Exercise of the right not to incriminate oneself or of the right not to cooperate shall not be used against a suspect or accused person at a later stage of the proceedings and shall not be considered as a corroboration of facts or as a reason in itself to adopt or maintain measures which restrict liberty before the final decision on the issue of guilt is taken.
Amendment 184 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall promptly inform the suspect or accused persons of their right to remain silent, and explain the content of this right and the legal consequences of renouncing or invoking it. This information must, however, be provided before any questioning begins.
Amendment 185 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The right to silence shall immediately be recognised and communicated to any person who, without having previously been a suspect or accused person, makes statements to the police or to other law enforcement or judicial authorities from which indications of his or her guilt emerge. If such a person were to have been heard, from the outset, as a suspect or accused person, his or her statements cannot be used.
Amendment 188 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Exercise of the right to remain silent shall not be used against a suspect or accused person at a later stage in the proceedings and shall not be considered as a corroboration of facts. or as a reason in itself to adopt or maintain measures which restrict liberty before the final decision on the issue of guilt is taken.
Amendment 217 #
2013/0407(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that where the suspects or accused persons were not present at the trial referred to in Article 8(1) and the conditions laid down in Article 8(2) and (3) are not met, the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case, including examination of new evidence, – with the opportunity to secure new evidence and, if appropriate, to call the previous evidence into question through cross-examination – and which may lead to the original decision to be reversed.
Amendment 202 #
2013/0256(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should be obliged, within a clear deadline, to inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least three Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.
Amendment 205 #
2013/0256(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Whilst the processing of personal data at Eurojust fallFollowing the adoption in April 2016 of Regulation (EU) 2016/679 ('the General Data Protection Regulation') and Directive (EU) 2016/680 ('the Police Directive), the Commission has proposed a Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies uander on the scope offree movement of such data (COM (2017)8 final) which will repeal current Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data13 , t. The processing of personal data by the Member State's authoritiesat Eurojust and the transfer of such data toby Eurojust arshould fall under the scovered by the Council of Europe Convention 108 [to be replaced by the relevant Directive in force pe of the revised Regulation repealing Regulation (EC) 45/2001. The processing of personal data by the Member State's authorities and the transfer of such data the moment of adoption]. o Eurojust are covered by the 'Police Directive'. _________________ 13 OJ L 8, 12.1.2001, p. 1
Amendment 206 #
2013/0256(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 211 #
2013/0256(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Specifically as regards the European Public Prosecutor’s Office (‘EPPO’), Eurojust should retain a residual competence for offences laid down in the PIF Directive, where the EPPO is not competent; where the EPPO is competent but does not exercise its competence; where Member States which are not participating in the EPPO seek support from Eurojust, and where the EPPO itself seeks the support of Eurojust. In addition, an ongoing competence for Eurojust in respect of offences for which the EPPO will ultimately be competent should be ensured, until such time as the EPPO is set up and has assumed the tasks conferred on it in Regulation [implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office].
Amendment 227 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor's Office is competenUntil the date when the European Public Prosecutor’s Office (‘EPPO’) has assumed its investigative and prosecutorial tasks conferred on it in accordance with Article 75 of Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, Eurojust’s competence shall cover the criminal offences listed in Annex 1. However, from the date the EPPO assumes its tasks, Eurojust shall only be competent in cases where the EPPO is competent but does not exercise its competence; where Member States which are not participating the EPPO seek support from Eurojust, and where the EPPO itself seeks the support of Eurojust.
Amendment 230 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 232 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Eurojust’s competence shall cover related criminal offences to the criminal offences laid down in Annex 1. The following offences shall be regarded as related criminal offences:
Amendment 234 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
b) assist the competent authorities of the Member States in ensuringe the best possible coordination of investigations and prosecutions conducted by the competent authorities of the Member States;
Amendment 236 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
c) give assistance in order to improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;
Amendment 240 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
e a) support, and where appropriate participate, in the Union centres of specialised expertise developed by Europol and other Union bodies;
Amendment 14 #
2013/0255(APP)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that the European Public Prosecutor's Office should have competence for offences related to fraud against the financial interests of the European Union. With that in mind, recalls that the relevant criminal offences are to be laid down in the proposed Directive on the fight against fraud to the Union's financial interests by means of criminal law (the so-called 'PIF Directive'). While acknowledging the progress made by the co-legislators in negotiations for the adoption of the PIF Directive, calls on the Council to renew its efforts to find agreement on that directive as a pre-condition for the establishment of the European Public Prosecutor's Office;
Amendment 25 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points out that it is of the utmost importance that the relationship between the European Public Prosecutor´s Office and other existing bodies, such as Eurojust and OLAF, should be defined and clearly demarcated. Calls on the Council to clarify the competence of each existing body in charge of protecting the Union's financial interests;
Amendment 26 #
2013/0255(APP)
Motion for a resolution
Subheading 1
Subheading 1
An independent European Public Prosecutor's Office
Amendment 29 #
2013/0255(APP)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that the structure of the EPPO should reflect a maximum degree of independence and therefore calls for openness and transparency in the selection and appointment procedures of the European Chief Prosecutor, his/her deputies, the European Prosecutors and the European Delegated Prosecutors;
Amendment 33 #
2013/0255(APP)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of its involvement in the appointment procedures for the European Prosecutors and suggests an open competition for candidates with adequatethe necessary professionalism, experience and skills, who might be shortlisted by the European Commission, evaluated by an independent panel of experts and heard by the European Parliament, with the final decision on appointment to be made by the Council and approved by the European Parliament; the European Parliament and the Council should appoint the European Chief Prosecutor by common accord;
Amendment 36 #
2013/0255(APP)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that Member States must involve national judicial self-governing bodies in the nomination procedures for European Delegated Prosecutors in accordance with national laws and practice;
Amendment 37 #
2013/0255(APP)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Takes the view that in order to ensure the full independence of the European Prosecutors, and to prevent any perceived conflict of interest, the position of European Prosecutor should be a full- time position. In that respect, does not agree with the draft provision authorising them to discharge their duties on a part- time basis as proposed in Article 11(3) of Council document 166993/14 of 18 December 2014 on the Proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office (hereafter 'the Council text');
Amendment 38 #
2013/0255(APP)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the provision of an annual reporting to the EU Institutions in order to guarantee a continuous assessment of the activities carried out by the new body; contained in the Council text; calls on the Council to ensure that the annual report contains, inter alia, details on the willingness of national authorities to cooperate with the European Public Prosecutor's Office;
Amendment 39 #
2013/0255(APP)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that rules governing the division of jurisdictioncompetence between the EPPO and the national authorities should be clear and avoid any misinterpretation in the operational phase: the EPPO should have jurisdictionpriority competence to investigate and prosecute the offences constituting fraud to the Union's financial interests according to the directive on the fight against fraud to the Union’s financial interests by means of criminal law; Therefore, the EPPO should decide first whether it has competence and before national authorities start an own investigation in order to avoind parallel investigations which are inefficient.
Amendment 48 #
2013/0255(APP)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes note that the option of a collegiate structure is under scrutiny by the Member States, instead of the hierarchical one initially proposed by the European Commission; in this regard, believes that the decisions concerning the choice of the competent jurisdiction, the dismissal ofecision to prosecute, the decision to dismiss a case, the decision to reallocate a case and the decision on transaction should all be taken at the central level by the Chambers; Permanent Chambers referred to in Article 9 of the Council text;
Amendment 50 #
2013/0255(APP)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. In the light of that proposed collegiate structure, calls on the Council to provide details of the impact on the EU budget which will be brought about by the new proposed structure, particularly bearing in mind that the original Commission proposal was intended to be cost-efficient, relying heavily on existing resources from both OLAF and Eurojust;
Amendment 59 #
2013/0255(APP)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the legislator to ensure streamlined procedures for the EPPO to obtain the authorisation of investigative measures in cross-border cases, in accordance with the law of the Member States whereo requests the measure in question is executed;as the trial will also be held in that Mamber State.
Amendment 65 #
2013/0255(APP)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Council to ensureprovide clarity regarding the admissibility of the evidence gathered by the EPPO throughout the Union, as this is crucial for the effectiveness of the prosecutions. The conditions for admissibility of evidence should be such as to respect all rights guaranteed by the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, and the European Court of Human Rights case law in accordance with Article 6 of the Treaty on the European Union;
Amendment 69 #
2013/0255(APP)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reiterates the need for the European Public Prosecutor's Office to seek all relevant evidence whether inculpatory or exculpatory, In addition, insists that it is necessary to grant the suspect or accused in any investigation undertaken by the European Public Prosecutor's Office certain rights concerning evidence, in particular: (a) The suspect or accused should have the right to present evidence for the consideration of the European Public Prosecutor's Office; (b) The suspect or accused should have the right to request the European Public Prosecutor's Office to gather any evidence relevant to the investigation, including appointing experts and hearing witnesses;
Amendment 70 #
2013/0255(APP)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Given the possible multiple jurisdictions for cross-border offences falling under the competence of the European Public Prosecutor's Office, considers it essential to ensure that the European Prosecutors, European Delegated Prosecutors and national prosecuting authorities fully respect the principle of ne bis in idem in respect of prosecutions relating to offences falling under the competence of the European Public Prosecutor's Office;
Amendment 75 #
2013/0255(APP)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls thatGiven that the proposals for legislative measures at Union level regarding the procedural rights of suspected and accused persons in criminal proceedings have not yet all been adopted and that protection of those rights at Union level is in any case not comprehensive, reiterates the necessity for the new Office shouldto carry out its activities within full respect for the rights enshrined inof suspects and accused in so far as they are enshrined in Article 6 of the Treaty on the European Union, Article 16 of the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union as well as in those legal framework provided by the Union on theislative measures already adopted at Union level on procedural rights of suspected and accused persons in criminal proceedings and on the protection of personal data;
Amendment 80 #
2013/0255(APP)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recalls that the proposed Directive on Legal Aid has not yet been adopted by the co-legislators. Affirms that if and when adopted that Directive should apply equally to all suspects and accused under investigation or being prosecuted by the European Public Prosecutor's Office. Emphasises that in the absence of an agreed EU directive on legal aid, it is imperative that all suspects and accused in investigations and prosecutions carried out by the European Public Prosecutor's Office have the right to legal aid in accordance with the relevant national law;
Amendment 179 #
2011/0023(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 229 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides conditions for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member States, as well as the processiflights between the Union and third countries, as well as the use, retention and exchange of that data, including its collection, use and retention by the Member States and its exchange between them by Member States.
Amendment 233 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall not apply to flights within the territory of the Union or the means of transport other than airplanes.
Amendment 234 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
1b. The PNR data that is collected pursuant to this Directive may not be used for border control purposes.
Amendment 242 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The 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 crimecertain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
Amendment 286 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and: trafficking in human beings, sexual exploitation of children, illicit trafficking in narcotic drugs, illicit trafficking in weapons and illicit trafficking in munition and explosives if :
Amendment 315 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. All members of the Passenger Information Unit who have access to PNR data shall have had received specifically tailored training on processing of PNR data in full compliance with data protection principles and fundamental rights.
Amendment 331 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer (‘push’) all PNR data of all passengers arriving or departing from that Member state in an anonymised format; (b) transfer (‘push’) specific PNR data of an individual linked to a name, contact detail or payment method linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime; (c) transfer (‘push’) PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime are travelling on those flights.
Amendment 342 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. A request pursuant to subparagraphs 1 (b) and (c) shall be subject to prior authorisation by a judicial authority and subject to a quarterly judicial review. The specification referred to in subparagraph 1 (c) may be temporal, geographical or both.
Amendment 361 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) 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 seriousa type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Unionnational 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 filesdata bases. In carrying out such an assessment the Passenger Information Unit may compare PNR data against the Schengen Information System and the Visa Information System. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action; and
Amendment 400 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
Amendment 486 #
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 without delay by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessaryrelevant for the prevention, detection, investigation or prosecution of terrorist offences or seriouscertain types of serious transnational crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities. Where appropriate, an alert shall be entered in accordance with Article 36 of the Schengen Information System.
Amendment 533 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article mayshall take place using any existing channels for European and international law enforcement cooperation, in particular Europol and national units under Article 8 of Council Decision 2009/371/JHA of 6 April 2009. The language used for the request and the exchange of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 547 #
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, only on the basis of an international agreement between the Union and that third country and if:
Amendment 552 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 569 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the transfer is strictly necessary for the purposes of this Directive specified in Article 1(2), and.
Amendment 596 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
A Member State may transfer PNR data and the results of the processing of PNR data to a third country only if: (a) the third country receiving the data agrees not to transfer the PNR data and the results of the processing of PNR data to another country. (b) the third country submits a duly reasoned request to a competent authority referred to in Article 5 of the Member State concerned; (c) the reasoned request sets out reasonable grounds to consider that the transmission of the PNR data or the results of the processing of the PNR data will substantially contribute to the prevention, detection, investigation or prosecution of the terrorist offence or a serious transnational crime in question; and (d) a court verified, in a timely manner, that all conditions set out in paragraphs (a) and (e) are fulfilled.
Amendment 613 #
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, pursuant to Article 4(1), subparagraphs (b) and (c), to the Passenger Information Unit, are retained in a database at the Passenger Information Unit for a period of 302 days after their first transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 626 #
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 302 days after the first 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 fivone years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised 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 prosecutions shall be depersonalised through masking out in accordance with Article 9a (new).
Amendment 677 #
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 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 do not handle and process the data in accordance with the data protection rules laid down in this Directive and in other relevant legally binding Union acts, or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 712 #
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.
Amendment 719 #
2011/0023(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Processing of special categories of data 1. Member States shall prohibit the processing of PNR data revealing race or ethnic origin, political opinions, religion or philosophical beliefs, sexual orientation or gender identity, trade-union membership or activities, and the processing of biometric data or of data concerning health or sex life. 2. In the event that PNR data revealing such information are received by the Passenger Information Unit, they shall be deleted without delay. To that end, upon the receipt of PNR data from air carriers, Member States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained. 3. In order to identify and delete any sensitive data from PNR data retained, members of the Passenger Information Unit shall undertake manual checks before any further manual processing and prior to any transfer of PNR data to competent authorities in accordance with Article 4(2), to the Passenger Information Unit or another Member State in accordance with Article 7, or to a third country in accordance with Article 8.
Amendment 722 #
2011/0023(COD)
Proposal for a directive
Article 11 b (new)
Article 11 b (new)
Amendment 724 #
2011/0023(COD)
Proposal for a directive
Article 11 c (new)
Article 11 c (new)
Article 11c Right of access for the data subject Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit a copy of the PNR data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.
Amendment 726 #
2011/0023(COD)
Proposal for a directive
Article 11 d (new)
Article 11 d (new)
Article 11d Right to rectification and completion 1. Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit the rectification or the completion of personal data relating to him or her which are inaccurate or incomplete, in particular by way of a completing or corrective statement. 2. Member States shall provide that the Passenger Information Unit informs the data subject in writing, with a reasoned justification, of any refusal of rectification or completion, on the reasons for the refusal and on the possibilities of lodging a complaint with the supervisory authority and seeking a judicial remedy. 3. Member States shall provide that the Passenger Information Unit shall communicate any rectification carried out to each recipient to whom the data have been disclosed, unless to do so proves impossible or involves a disproportionate effort. 4. Member States shall provide that the Passenger Information Unit communicates the rectification of inaccurate personal data to the third party from whom the inaccurate personal data originate.
Amendment 727 #
2011/0023(COD)
Proposal for a directive
Article 11 e (new)
Article 11 e (new)
Amendment 728 #
2011/0023(COD)
Proposal for a directive
Article 11 f (new)
Article 11 f (new)
Amendment 729 #
2011/0023(COD)
Proposal for a directive
Article 11 g (new)
Article 11 g (new)
Article 11g Keeping of records 1. Member States shall ensure that records are kept of at least the following processing operations: collection, alteration, consultation, disclosure, combination or erasure. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed PNR data, and the identity of the recipients of such data. 2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the Data Protection Officer or by the supervisory authority. 3. The Member State shall ensure that the Passenger Information Unit shall make the records available, on request, to the supervisory authority.
Amendment 730 #
2011/0023(COD)
Proposal for a directive
Article 11 h (new)
Article 11 h (new)
Amendment 731 #
2011/0023(COD)
Proposal for a directive
Article 11 i (new)
Article 11 i (new)
Article 11i Right to judicial remedy 1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority, Member States shall provide for the right of every natural person to a judicial remedy if they consider that that their rights laid down in provisions adopted pursuant to this Directive have been infringed as a result of the processing of their personal data in non- compliance with these provisions. 2. Member States shall ensure that final decisions by the court referred to in this Article will be enforced.
Amendment 732 #
2011/0023(COD)
Proposal for a directive
Article 11 j (new)
Article 11 j (new)
Article 11j Liability and the right to compensation Member States shall provide that any person who has suffered damage, including non-pecuniary damage, as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to claim compensation for the damage suffered.
Amendment 733 #
2011/0023(COD)
Proposal for a directive
Article 11 k (new)
Article 11 k (new)
Article 11k Penalties for non-compliance Member States shall lay down the rules on penalties, applicable to infringements of the provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 734 #
2011/0023(COD)
Proposal for a directive
Article 11 l (new)
Article 11 l (new)
Article 11l Notification of a personal data breach to the supervisory authority 1. Member States shall provide that in the case of a personal data breach, the Passenger Information Unit, without undue delay and, where feasible, not later than 24 hours, the personal data breach to the supervisory authority. The Passenger Information Unit shall provide, on request, to the supervisory authority a reasoned justification in cases of any delay. 2. The notification referred to in paragraph 1 shall at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) communicate the identity and contact details of the Data Protection Officer referred to in Article 3a (new) or other contact point where more information can be obtained; (c) recommend measures to mitigate the possible adverse effects of the personal data breach; (d) describe the possible consequences of the personal data breach; (e) describe the measures proposed or taken by the Passenger Information Unit to address the personal data breach and mitigate its effects. In case all information cannot be provided without undue delay, the Passenger Information Unit can complete the notification in a second phase. 4. Member States shall provide that the Passenger Information Unit documents any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose. 5. The supervisory authority shall keep a public register of the types of breaches notified.
Amendment 735 #
2011/0023(COD)
Proposal for a directive
Article 11 m (new)
Article 11 m (new)
Article 11m Communication of a personal data breach to the data subject 1. Member States shall provide that when the personal data breach is likely to adversely affect the protection of the personal data and/or the privacy of the data subject, the Passenger Information Unit shall, after the notification referred to in Article 11l (new), communicate the personal data breach to the data subject without undue delay. 2. The communication to the data subject referred to in paragraph 1 shall be comprehensive and use clear and plain language. It shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (b), (c) and (d) of Article 11l (new) and information about the rights of the data subject, including redress. 3. The communication of a personal data breach to the data subject shall not be required if the Passenger Information Unit demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the PNR data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it. 4. The communication to the data subject may be delayed or restricted, in a specific case, to the extent that such a delay or restriction constitutes a necessary and proportionate measure: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to protect public security; (c) to protect the rights and freedoms of others.
Amendment 748 #
2011/0023(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Duties of the national supervisory authority 1. Member States shall provide that the supervisory authority: (a) monitors and ensures the application of the provisions adopted pursuant to this Directive and its implementing measures; (b) hears complaints lodged by any data subject, investigates, to the extent appropriate, the matter and informs the data subject of the progress and the outcome of the complaint within a reasonable period, in particular where further investigation or coordination with another supervisory authority is necessary; (c) checks the lawfulness of the data processing; (d) conducts investigations, inspections and audits, either on its own initiative or on the basis of a complaint, and informs the data subject concerned, if the data subject has addressed a complaint, of the outcome of the investigations within a reasonable period; (e) monitors relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies; 2. The supervisory authority shall, upon request, advise any data subject in exercising the rights laid down in provisions adopted pursuant to this Directive, and, if appropriate, co-operate with supervisory authorities in other Member States to this end. 3. For complaints referred to in point (b) of paragraph 1, the supervisory authority shall provide a complaint submission form, which can be completed electronically, without excluding other means of communication. 4. Member States shall provide that the performance of the duties of the supervisory authority shall be free of charge for the data subject. 5. Where requests are manifestly excessive, in particular due to their repetitive character, the supervisory authority may charge a reasonable fee. Such a fee shall not exceed the costs of taking the action requested. The supervisory authority shall bear the burden of proving the manifestly excessive character of the request.
Amendment 750 #
2011/0023(COD)
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Amendment 790 #
2011/0023(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Limitation This Directive shall loose its effect after a period of seven years. The Commission may propose to extend the effect of this Directive for further seven-year-periods. The decision of extension shall be taken by ordinary legislative procedure after the approval by the European Parliament and the Council.
Amendment 799 #
2011/0023(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. These statistics shall not contain any personal data. They shall be transmitted to the Commission and the European Parliament on a yearly basis.