492 Amendments of József NAGY
Amendment 5 #
2018/2036(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,
Amendment 10 #
2018/2036(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol (A/RES/61/106) adopted on 13 December 2006,
Amendment 16 #
2018/2036(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin[1], [1]OJ L 180, 19.7.2000, p. 22.
Amendment 26 #
2018/2036(INI)
Motion for a resolution
Citation 11 d (new)
Citation 11 d (new)
– European Parliament resolution of 7 February 2018 on protection and non- discrimination with regard to minorities in the EU Member States (2017/2937(RSP)),
Amendment 44 #
2018/2036(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas people belonging to minorities often face multiple and intersectional discriminations;
Amendment 94 #
2018/2036(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and the Member States to create the legal and regulatory conditions which ensures the freedom of service, passage and reception of audio-visual content in those regions where the minorities live in order to watch and listen content in their mother tongue, which is broadcasted cross-border without being geoblocked.
Amendment 172 #
2018/2036(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the European Union Agency for Fundamental Rights (FRA) to draft an opinion on how to create legal means to protect and promote the rights of persons belonging to national minorities in accordance to the particular decision of the Court of Justice, decision no. T- 646/13.
Amendment 190 #
2018/2036(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Encourages the Commission to set up a commission at EU level (either within existing structures or as a separate body) to maintain the aim of the minimum standards for minorities in the EU.
Amendment 193 #
2018/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that persons belonging to national/ethnic minorities have the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law;
Amendment 198 #
2018/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that maintaining the cultural heritage of the EU is a common interest of the Member States; calls on the EU institutions and its Member States to support, enhance and promote the cultural rights of national/ethnic minorities;
Amendment 203 #
2018/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to recognise the contribution of national/ethnic minorities to the cultural heritage of the Union, to reinforce dialogue with the representatives of national/ethnic minorities and to identify and implement coordinated policies and actions for the sustainable management of preserving and developing their culture;
Amendment 208 #
2018/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to involve and support national/ethnic minorities and their representatives in fostering knowledge and skills that are necessary in order to safeguard, sustainably manage and develop cultural heritage and that should be handed down to future generations; calls on the Member States and the Commission to establish and maintain concrete cultural funds for the representatives of regional and minority rights, both at horizontal and vertical levels;
Amendment 211 #
2018/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the fact that media plays a central role with regard to cultural and linguistic rights; recalls that being able to have access, receive and publish information and content in a language one can fully understand and communicate in is a precondition for equal and effective participation in public, economic, social and cultural life; notes in this regard that special attention must be given to the needs of persons belonging to national minorities living in border, rural and remote areas;
Amendment 213 #
2018/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the fact that media plays a central role with regard to cultural and linguistic rights; recalls that being able to receive and publish information in a language one can fully understand and communicate in is a precondition for equal and effective participation in public, economic, social and cultural life; notes in this regard that special attention must be given to the needs of persons belonging to national/ethnic minorities living in rural and remote areas;
Amendment 215 #
2018/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States and the Commission to ensure that the media can operate independently and free from discrimination in minority languages, to take into account national minorities when licensing or privatising media services, including assigning TV and radio broadcasters, to provide appropriate funds for self-governance to organisations representing minorities, with a view to fostering their sense of belonging to, and identification with, their respective minority groups, and to bring their identities, languages, histories and cultures to the attention of the majority; Calls on the Commission and the Member States to create the legal and regulatory conditions which ensures the freedom of service, passage and reception of audio-visual content in those regions where the minorities live in order to watch and listen content in their mother tongue, which is broadcasted cross-border without being geoblocked.
Amendment 218 #
2018/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States and the Commission to ensure that the media can operate independently and free from discrimination in minority languages, to take into account national/ethnic minorities when licensing or privatising media services, including assigning TV and radio broadcasters, to provide appropriate funds for self-governance to organisations representing minorities, with a view to fostering their sense of belonging to, and identification with, their respective minority groups, and to bring their identities, languages, histories and cultures to the attention of the majority;
Amendment 223 #
2018/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States and the Commission to refrain from political and legal acts and policies that aim to prescribe restrictive measures, such as subtitling and/or translation obligations and mandatory quotas for programmes in official languages; calls on the Members States and the Commission to allow and promote the presence of regional or minority-language media, also on online interfaces; calls on the Member States and the Commission to ensure appropriate funding or grants for organisations and media representing national/ethnic minorities, in view of their regional specificities and needs;
Amendment 266 #
2018/2036(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Encourages the Member States to ensure that those who speak a regional or minority language as their mother tongue have the opportunity to learn the official language sufficiently, by incorporating good practice from the teaching of foreign and second languages into the methodological approach adopted for teaching the official language of the State.
Amendment 267 #
2018/2036(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Encourages the Member States to produce textbooks that meet the requirements of the speakers of regional or minority languages, and – if that proves to be impossible - facilitate the use of textbooks from other countries published in those languages, in co- operation with educational regulation bodies of the countries where regional or minority languages are used.
Amendment 294 #
2018/2036(INI)
26a. Encourages the Member States to promote and encourage the use of regional or minority languages at local and regional level; with this aim in mind, actively encourage municipal authorities to ensure the use of such languages in practice.
Amendment 340 #
2018/2036(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Instructs its President to forward this resolution to the Council and the Commission, the Commission, the Fundamental Rights Agency (FRA), the governments and parliaments of the Member States and the candidate countries, the OSCE, the OECD, the Council of Europe and the United Nations.
Amendment 317 #
2018/0329(COD)
Proposal for a directive
Article 6
Article 6
Article 6 Article 6 Risk of absconding Risk of absconding 1. The objective criteria referred to in point 7 of Article 3 shall include at least the following criteria: (a) lack of documentation proving the identity; (b) lack of residence, fixed abode or reliable address; (c) lack of financial resources; (d) illegal entry into the territory of the Member States; (e) unauthorised movement to the territory of another Member Stadeleted deleted deleted deleted delete;d (f) explicit expression of intent of non- compliance with return-related measures applied by virtue of this Directive; (g) being subject of a return decision issued by another Member State; (h) non-compliance with a return decision, including with an obligation to return within the period for voluntary departure; (i) non-compliance with the requirement of Article 8(2) to go immediately to the territory of another Member State that granted a valid residence permit or other authorisation offering a right to stay; (j) not fulfilling the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedures, referred to in Article 7; (k) existence of conviction for a criminal offence, including for a serious criminal offence in another Member State; (l) ongoing criminal investigations and proceedings; (m) using false or forged identity documents, destroying or otherwise disposing of existing documents, or refusing to provide fingerprints as required by Union or national law; (n) opposing violently or fraudulently the return procedures; (o) not complying with a measure aimed at preventing the risk of absconding referred to in Article 9(3); (p) not complying with an existing entry ban. 2. The existence of a risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances of the individual case, taking into account the objective criteria referred to in paragraph 1. However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (m), (n), (o) and (p) of paragraph 1 is fulfilled.
Amendment 436 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such an appropriate period shall be granted only following an application by the third- country national concerned. In such a case, Member States shall inform the third- country nationals concerned of the possibility of submitting such an application.
Amendment 450 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall not grant a period for voluntary departure in the following cases:
Amendment 453 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) where there is a risk of absconding including secondary movement, determined in accordance with Article 6 ;
Amendment 455 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) where an application for legal stay has been dismissenied as manifestly unfounded or fraudulent;
Amendment 459 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) where the third-country national concerned poses a risk to public policy, and public security or national security.
Amendment 494 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
In the other cases, return decisions may be accompanied by an entry ban.
Amendment 495 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2 a (new)
Article 13 – paragraph 1 – subparagraph 2 a (new)
In cases involving children, return decisions shall not be accompanied by an entry ban, after a proved and valid age determination process, based on the national practices and laws of the responsible Member State.
Amendment 501 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detectrecognised in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.
Amendment 502 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States may impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.
Amendment 570 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Member States shall establish reasonapplicable time limits and other necessary rules to ensure the exercise of the right to an effective remedy pursuant to this Article. Member States shall grant a period not exceeding five days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 621 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education and psychosocial support.
Amendment 639 #
2018/0329(COD)
Proposal for a directive
Article 22
Article 22
Article 22 Article 22 Border procedure Border procedure 1. Member States shall establish return procedures applicablropriate to illegally staying third -country nationals subject to an obligation to return following a decision rejecting an EN 37 EN application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation]. 2. Except in cases, where otherwise provided in this Chapter, the provisions of Chapters II, III and IV apply to return procedures carried out in accordance with paragraph 1. 3. Return decisions issued in return procedures carried out in accordance with paragraph 1 of this Article shall be given by means of a standard form as set out under national legislation, and in accordance with Article 15(3). 4. A period for voluntary departure shall not be granted. Member States shall however grant an appropriate period of time for voluntary departure in accordance with Article 9 to third-country nationals holding a valid travel document and fulfilling the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedures established in accordance with Article 7. Member States shall require the third- country nationals concerned to hand over the valid travel document to the competent authority until departure. 5. Member States shall grant a period of time not exceeding 48 hours to lodge an appeal against the return decisions based on a final decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation] at the border or in transit zones of the Member States. 6. The enforcement of a return decision during the period of time for bringing the appeal at first instance and, where that appeal has been lodged within the period established, during the examination of the appeal, shall be automatically suspended where there is a risk of breach of the principle of non- refoulement and one of the following two conditions applies : (a) new elements or findings have arisen or have been presented by the third country national concerned after a decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation], which significantly modify the specific circumstances of the individual case; or (b) the decision rejecting an application for international protection taken by virtue of Article 41 of Regulation(EU) …/… [Asylum Procedure Regulation] was not subject to an effective judicial review in accordance with Article 53 of that Regulation. Where a further appeal against a first or subsequent appeal decision is lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into account the specific circumstances of the individual case upon the applicant’s request or acting ex officio. Member States shall provide that a decision on the request by the person concerned for a temporary suspension of the enforcement of a return decision shall be taken within 48 hours from the lodging of such a request by the third-country national concerned. In individual cases involving complex issues of fact or law, the time limits set out in this paragraph may be extended as appropriate by the competent judicial authority. 7. In order to prepare the return or carry out the removal process, or both, Member States may keep in detention a third-country national who has been detained in accordance with point (d) of Article 8(3) of Directive (EU) …/… [recast Reception EN 38 EN Condition Directive] in the context of a procedure carried out by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation], and who is subject to return procedures pursuant to the provisions of this Chapter. Detention shall be for as short a period of time as possible, which shall in no case exceed four months. It may be maintained only as long as removal arrangements are in progress and executed with due diligence. When the return decision cannot be enforced within the maximum period referred to in this paragraph, the third- country national may be further detained in accordance with Article 18.
Amendment 651 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7a. In order to prevent secondary movements of illegally staying third- country nationals, Member States shall have the right to introduce return procedures at the border, for cases in which illegally staying third-country nationals were involved into border controls and took part in unauthorised movement, or did not comply with orders given by law enforcement offices or where illegally staying third-country nationals are under ongoing criminal investigations or proceedings.
Amendment 1 #
2017/2125(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the European Parliament’s resolution of 13 December 2016 on the situation of fundamental rights in the European Union in 2015.
Amendment 4 #
2017/2125(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the UN Convention on the Rights of the Child.
Amendment 15 #
2017/2125(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Missing Children Europe’s Annual Review in 2016.
Amendment 19 #
2017/2125(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Council of Europe Strategy for the Rights of the Child (2016-2021).
Amendment 23 #
2017/2125(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the Council of Europe Convention no. 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data.
Amendment 29 #
2017/2125(INI)
Motion for a resolution
Citation 4 d (new)
Citation 4 d (new)
- having regard to the Council of Europe Parliamentary Assembly Resolution 1985( 2014) on the situation and rights of national minorities in Europe.
Amendment 35 #
2017/2125(INI)
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
- having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages.
Amendment 44 #
2017/2125(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Court of Justice T-646/13 decision.
Amendment 66 #
2017/2125(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas recognition and promotion of the equal dignity of all cultures, the respect of cultural, education and linguistic rights, the preservation of cultural heritage are essential for building peace in the minds of the nations.
Amendment 69 #
2017/2125(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the respect for the rights of persons belonging to minorities is one of the EU’s founding principles.
Amendment 70 #
2017/2125(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas to maintain our linguistic democracy we have to keep our languages alive.
Amendment 71 #
2017/2125(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas cultural heritage is a part of the humanity’s shared memory, it connects human beings across time and generations, past and present, preserving common history, knowledge and achievements. Whereas by protecting European cultural heritage we preserve and transmit our values to the future generations.
Amendment 126 #
2017/2125(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas digital media have provided children with vast opportunities to learn, participate, play, work and socialise, but at the same time children face new risks. Hence, a balance between empowerment and protection of children in the online world has to be found.
Amendment 129 #
2017/2125(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas education is the best option that can be provided to children when it comes to their fundamental rights. Whereas today’s challenge is to make the digital world safe for children, it is crucial to empower children, their parents and caregivers to create self-immunity.
Amendment 130 #
2017/2125(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas in the EU a child is reported missing every 2 minutes. According to Missing Children Europe’s figures in 2016, calls made to the missing children hotlines by children increased by 12% compared to 2015.
Amendment 131 #
2017/2125(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas children and families calling the missing children hotline number, receive free and immediate legal, social, administrative, emotional and psychological support 24/7 in 31 countries in Europe. Whereas children who runaway from homes are at risk of violence, harm or maltreatment.
Amendment 201 #
2017/2125(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas data protection is a fundamental right enshrined in Article 8 of the EU Charter of Fundamental Rights.
Amendment 202 #
2017/2125(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas e-Government services became increasingly accessible across the EU in 2016 as the digital transformation of governments is a key element of our times and society. Whereas using digital technologies as an integrated part of governments’ modernisation strategies can unlock further economic and social benefits for society as a whole.
Amendment 204 #
2017/2125(INI)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas the European e-Justice Portal allows citizens and legal practitioners to obtain information on European and national legal procedures and the functioning of justice and it helps EU citizens to easily locate a lawyer or a notary speaking their language throughout the EU.
Amendment 386 #
Amendment 387 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to engage in genuine dialogue with the major IT companies and social media platforms to create a Code of Conduct on children’s rights in digital environment, which should engage signing parties to remove or to disable access to violent and harmful content in less than 24 hours. While creating the Code of Conduct on children’s rights in digital environment, the Code of Conduct on illegal hate speech should be taken as a base and as a good example.
Amendment 394 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Member States to promote the development of digital literacy, including media and information literacy, as a part of the basic education curriculum and from the earliest years, in accordance with children’s evolving capacities. Education of parents and caregivers is also essential.
Amendment 399 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Training and education should not be limited to technical competence but should also include awareness of ethical principles and values and teach children skills to behave responsibly when they engage and relate to each other online, and to respond to risks appropriately and safely.
Amendment 401 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Calls on the Commission and the Member States to promote the missing children hotline (116 000) and children helplines (116 111) numbers among the general public and among relevant stakeholders in national child protection system. Calls on the Member States to ensure, that citizens have access to adequate and child-friendly services, accessible EU-wide 24/7. Calls on the Member States and the Commission to allocate sufficient funds if needed.
Amendment 405 #
Amendment 408 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Notes that in spite of the specific challenges posed by the increasing use of digital technologies, it is essential to ensure that fundamental rights are promoted and protected online in the same way and to the same extent as in the offline world.
Amendment 410 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Welcomes the EU e-Government Action Plan 2016-2020. Calls on the Member States and the Commission to achieve the priorities set by the new Action Plan, such as respect of data protection rules, trustworthiness and security.
Amendment 412 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13g. Welcomes that the European e- Justice Portal became a one-stop shop information on European justice issues. Calls the Members States and the EU Institutions to follow the data protection priorities enshrined in the European e- Justice Action Plan (2014-2018), especially when it comes to external relations and cooperation with non-EU countries.
Amendment 414 #
Amendment 415 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13h. Highlights the fact that minorities that for centuries have been living together with, or alongside, majority cultures in Europe still face discrimination in many Member States, while in others, for status and state they have more higher standards than the EU Charter of Fundamental Rights requires; believes that the solution to this problem lies in the necessity of establishing minimum standards for the protection of the rights of minorities, and of providing education about cultural diversity and tolerance, as preserving Europe’s cultural heritage gives added value to diversity;
Amendment 417 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 i (new)
Paragraph 13 i (new)
13i. Emphasises that minority communities have specific needs and that their full equality should be promoted in all areas of economic, social, political and cultural life; stresses that it is essential that the fundamental rights and freedoms of persons belonging to minorities are respected and promoted;
Amendment 420 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 j (new)
Paragraph 13 j (new)
13j. Calls on the Commission to establish a policy standard for the protection of minorities, as protection of these groups is part of the Copenhagen criteria; recalls the CJEU’s T-646/13 decision, where the Commission acknowledged that respect for the rights of persons belonging to minorities is a value of the EU, that the EU institutions must respect cultural and linguistic diversity and that they are bound to refrain from all discrimination based on membership of a national minority.
Amendment 421 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 k (new)
Paragraph 13 k (new)
13k. Calls on the Member States to exchange good practice and to apply tried and tested solutions in addressing the problems of minorities throughout the European Union; points to the important role that regional and local authorities in the EU can play in protecting minorities, and considers that administrative reorganisation should not have a negative effect for them;
Amendment 424 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 l (new)
Paragraph 13 l (new)
13l. Encourages Member States that have not yet done so to ratify the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages; recalls as well the need to implement the principles developed in the framework of the OSCE;
Amendment 426 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 m (new)
Paragraph 13 m (new)
13m. Calls on the EU to implement PACE resolution 1985(2014) on the situation and rights of national minorities in Europe, fully respecting the principle of subsidiarity; stresses that all emergency hotlines and any official helplines operated in the Member States should be accessible not only in the country’s official languages but also in its minority languages and the main EU languages by redirecting calls;
Amendment 2 #
2017/2069(INI)
Draft opinion
Citation 1 (new)
Citation 1 (new)
– having regard to the Charter on Education for Democratic Citizenship and Human Rights Education,
Amendment 4 #
2017/2069(INI)
Draft opinion
Citation 2 (new)
Citation 2 (new)
– having regard to the Articles 20 (2) (c), 24(3) and 23 TFEU
Amendment 6 #
2017/2069(INI)
Draft opinion
Citation 3 (new)
Citation 3 (new)
– having regard to EU Regulation No. 1381/2013 of the European Parliament and of the Council on establishing a Rights, Equality and Citizenship Programme for the period 2014to 2020,
Amendment 7 #
2017/2069(INI)
Draft opinion
Citation 4 (new)
Citation 4 (new)
– having regard to the Copenhagen criteria, and the body of Union rules that a candidate country must fulfil if it wishes to join the Union (the acquis),
Amendment 14 #
2017/2069(INI)
Draft opinion
Citation 11 (new)
Citation 11 (new)
– having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,
Amendment 15 #
2017/2069(INI)
Draft opinion
Citation 12 (new)
Citation 12 (new)
– having regard to the study commissioned by the Policy Department C of the European Parliament at the request of the LIBE committees in 2016 entitled “Towards a Comprehensive EU Protection System for Minorities”,
Amendment 26 #
2017/2069(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Article 20 TFEU provides that any person who holds the nationality of an EU country is also a citizen of the Union,
Amendment 28 #
2017/2069(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Amendment 47 #
2017/2069(INI)
Ea. whereas experience shows that, pre-accession countries are more willing to respect the Copenhagen criteria on democracy, rule of law and fundamental rights and to advance the situation of minorities; whereas at present there is no adequate framework to guarantee the fulfilment of these criteria after accession and thus to protect EU citizens from the effects breaches of the Copenhagen criteria would entail;
Amendment 48 #
2017/2069(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. welcomes the e-learning tool on the right of free movement of Union citizens. The e-learning tool is available in 23 languages and it helps local administrations to better understand the rights and obligations that come with free movement.
Amendment 49 #
2017/2069(INI)
Draft opinion
Recital E b (new)
Recital E b (new)
Eb. whereas, when laying down the citizenship of the Union, article 9 of the TEU expressly mentions that the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies; whereas, despite the fact that equality and non-discrimination are key principles of the European legal framework, European citizens belonging to minority groups can be treated differently, depending on which EU Member State they live in and contingent on their country’s history, on national and international political contexts etc.;
Amendment 51 #
2017/2069(INI)
Ec. whereas at present, except for infringement procedures, the EU has only tools of limited efficacy to respond to systematic and institutional manifestations of discrimination, racism and xenophobia against minorities across the EU Member States; whereas infringement proceedings do not cover threats falling outside the scope of EU secondary law;
Amendment 52 #
2017/2069(INI)
Draft opinion
Recital E d (new)
Recital E d (new)
Ed. whereas the Roma citizens of the EU make up the largest and most vulnerable minority group in the EU; whereas the Roma face multi-layered discrimination and social exclusion in Europe; Whereas EU soft law tools, such as the EU Framework for National Roma Integration Strategies (NRIS), have played only a limited role in ensuring that Member States respect their obligations to comply with fundamental human rights standards on minority protection and addressing institutional manifestations of discrimination;
Amendment 67 #
2017/2069(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the European Solidarity Corps initiative which creates opportunities for young people to volunteer or to work in projects in their own country or abroad that benefit communities and all European people.
Amendment 73 #
2017/2069(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the European Aid Volunteers initiative which enables Europeans to take part in humanitarian assistance programs worldwide.
Amendment 86 #
2017/2069(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that civic education and intercultural dialogue improves citizens’ understanding of the importance of social and political participation, while human rights education raises their awareness of their rights and teaches them respect for the rights of others;
Amendment 87 #
2017/2069(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that Member States should include education for democratic citizenship and human rights education in the curricula at all school levels. Member States should also continue to support, review and update their education system for democratic citizenship and human rights education.
Amendment 88 #
2017/2069(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that one of the fundamental goals of all education for democratic citizenship and human rights education is not just equipping learners with knowledge, understanding and skills, but also empowering them with the readiness to take action in society in the defence and promotion of human rights, democracy and the rule of law.
Amendment 89 #
2017/2069(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that EU citizens have the right to, in a territory of a non-EU country where their Member State of origin does not have representation, the protection of the diplomatic and consular authorities of any other Member State on the same conditions as that state’s nationals
Amendment 101 #
2017/2069(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is of the opinion that, in order to fill with substance the reference made to minorities in article 2 of the TEU, and to the equality of all EU citizens in article 9 TEU, the aim of the EU should be to lay down high standards of minority protection, starting from those codified in international law instruments, such as those of the Council of Europe. Such standards should be strongly embedded in a legal framework guaranteeing democracy, rule of law and fundamental rights across the EU;
Amendment 103 #
2017/2069(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that EU citizens have a right to address the European Ombudsman, which is one of the main rights conferred by the European citizenship.
Amendment 104 #
2017/2069(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that observation by the EU of the TEU requirement to respect, safeguard and enhance Europe’s cultural and linguistic diversity in the EU both among and within Member States would greatly reinforce the links between citizens and the European project;
Amendment 106 #
2017/2069(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that EU Regulation on establishing a Right, Equality and Citizenship Programme for the period 2014 to 2020 declares, that to achieve the objective set out in Article 3(3) TEU, the Programme shall promote and protect the rights of the child;
Amendment 109 #
2017/2069(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Believes that the systematic discrimination of Roma citizens in their home countries, as well as their evictions and expulsions when they exercise their right to free movement to and residence in another member state are in contradiction with the fundamental right of non- discrimination on the basis of ethnic origin and the right move to and reside in another member state and put the foundations of EU citizenship rights to the test;
Amendment 4 #
2017/2068(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the UN Convention on the Rights of the Child, adopted in New York on 20 November 1989,
Amendment 5 #
2017/2068(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, adopted in New York in 25 May 2000,
Amendment 6 #
2017/2068(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
- having regard to the Stockholm Declaration, adopted at the 1st World Congress against Commercial Sexual Exploitation of children, the Yokohama Global Commitment adopted at the 2nd World Congress against commercial Sexual Exploitation of children, the Budapest Commitment and Plan of Action, adopted at the preparatory Conference for the 2nd World Congress against Commercial Sexual Exploitation of Children,
Amendment 7 #
2017/2068(INI)
Motion for a resolution
Citation 3 d (new)
Citation 3 d (new)
- having regard to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, of 25 October 2007,
Amendment 8 #
2017/2068(INI)
Motion for a resolution
Citation 3 e (new)
Citation 3 e (new)
- having regard to the Commission communication entitled ’European Strategy for a Better Internet for Children’ (COM(2012)0196),
Amendment 9 #
2017/2068(INI)
Motion for a resolution
Citation 3 f (new)
Citation 3 f (new)
- having regard to its resolution of 20 November 2012 on Protecting children in the digital world
Amendment 10 #
2017/2068(INI)
Motion for a resolution
Citation 3 g (new)
Citation 3 g (new)
- having regard to its resolution of 11 March 2015 on Fight against child sexual abuse on the internet,
Amendment 11 #
2017/2068(INI)
Motion for a resolution
Citation 3 h (new)
Citation 3 h (new)
- having regard to the 2016 Internet Organised Crime Threat Assessment (IOCTA), the annual presentation of the cybercrime threat landscape by EUROPOL’s European Cybercrime Centre (C3),
Amendment 29 #
2017/2068(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas cybercrime is a growing problem within the EU Member States.
Amendment 72 #
2017/2068(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas through the cyberspace, online perpetrators can find and groom victims faster via chat rooms, emails, online games and social networking sites.
Amendment 73 #
2017/2068(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas according to the 2016 Internet Organised Crime Threat Assessment (IOCTA), the annual presentation of the cybercrime threat landscape by EUROPOL’s European Cybercrime Centre (C3), the use of the internet as a platform for child sex offenders to communicate, store and share child sexual exploitation material and to hunt for new victims continues to be one of the internet’s most damaging and abhorrent aspects.
Amendment 75 #
2017/2068(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. Whereas there are two main types of sexual coercion and extortion: for sexual purposes, and financially driven, with an economic motivation.
Amendment 76 #
2017/2068(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. Whereas peer-to-peer (P2P) networks and anonymised access like Darknet networks remain the main platforms to access child sexual exploitation materials and the principal means for non-commercial distribution.
Amendment 77 #
2017/2068(INI)
Ge. Whereas the growing trend of sexual coercion and extortion is still understudied and underreported, mostly due to the nature of crime, including the shame and guilt felt by the victims.
Amendment 78 #
2017/2068(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
Gf. Whereas live distant child abuse is still being reported as a growing threat. Live distant child abuse has the most obvious links with commercial distribution of child sexual exploitation materials.
Amendment 156 #
2017/2068(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Fight against child sexual abuse on the Internet
Amendment 157 #
2017/2068(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers that children’s personal data online and offline must be duly protected and that children need to be informed in an easy and child-friendly way of the risks and consequences of using their personal data online;
Amendment 158 #
2017/2068(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls for an action plan to protect children’s rights online and offline in cyber space, and recalls that in fighting cybercrime, law enforcement authorities need to pay special attention to crimes against children; stresses, in this connection, the need to strengthen judicial and police cooperation among the Member States, and with Europol and its European Cybercrime Centre (EC3), with a view to preventing and combating cybercrime, and in particular the online sexual exploitation of children;
Amendment 159 #
2017/2068(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Commission and the Member States to launch an awareness campaign, involving all relevant actors and stakeholders, to empower children and support parents, caretakers and educators in understanding and handling online risks and protecting children’s safety online, to support Member States in setting up online sexual abuse prevention programmes, to promote awareness- raising campaigns on responsible behaviour in the social media, and to encourage major search engines and social media networks to take a proactive approach to protecting child safety online;
Amendment 160 #
2017/2068(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Stresses that illegal online content should be removed immediately on the basis of due legal process; highlights the role of information and communication technology, internet service providers and internet host providers in ensuring the fast and efficient removal of illegal online content at the request of the responsible law enforcement authority;
Amendment 161 #
2017/2068(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7 f. Calls on the Member States to 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 the deep web; stresses that Eurojust and Europol must be given appropriate resources to improve the identification of victims, to fight organised networks of sexual abusers and to accelerate the detection, analysis and referral of child abuse material on- and offline;
Amendment 15 #
2017/0328(COD)
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the decision of the Council which leads to a deepening of the geographical disproportionality with only 9 out of 37 EU decentralised agencies being located in new Member States contrary to the European Council Conclusions 5381/04 and 11018/1/08 which both give priority to new Member States.
Amendment 58 #
2017/0245(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Where in a situation of a serious threat to public policy or internal security, Member States should give precedence to police checks in case of a serious threat to internal security or public policy. Member States have to provide for a specific framework to ensure that those police checks do not amount to measures equivalent to border controls. Modern technologies are instrumental in addressing threats to public policy or internal security. Member States should first assess whether the situation can be adequately addressed by way of stepping up police checks within the territory, including in border areas. It is only in cases of police powers under national legislation which are specifically limited to border areas and imply identity checks even without concrete suspicion, that Member States have to provide for a specific framework to ensure that those police checks do not amount to measures equivalent to border controls.
Amendment 154 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point i
Article 1 – paragraph 1 – point 2 – point i
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point a a – subparagraph 1
Article 27 – paragraph 1 – point a a – subparagraph 1
a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrating that the prolongation of border control is a last resort measure and explaining how border controland substantiating how this would help address the identified threat. Where border control has already been reintroduced for more than six months, the risk assessment shall also explain howsubstantiate the role of the previous reintroduction of border control has contributed to remedying the identified threat.
Amendment 160 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point i a (new)
Article 1 – paragraph 1 – point 2 – point i a (new)
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point a b (new)
Article 27 – paragraph 1 – point a b (new)
(ia) In paragraph 1, the following point is inserted: "(ab) any measures other than the proposed reintroduction of border controls at internal borders which have been applied or considered by the Member State concerned to address that threat to public policy or internal security as well as the evidence based reasons, why alternative measures such as enhanced cross –border police cooperation and police checks, including in border areas, have proven to be ineffective to address that threat;"
Amendment 163 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point ii
Article 1 – paragraph 1 – point 2 – point ii
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) where appropriate, the measures to be taken by the other Member States as agreed prior to the temporary reintroduction of border control at internal borders concerned as agreed prior to the temporary reintroduction of border control at internal borders concerned.
Amendment 171 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iii a (new)
Article 1 – paragraph 1 – point 2 – point iii a (new)
Regulation (EU) 2016/399
Article 27 – paragraph 3
Article 27 – paragraph 3
(iiia) Article 27 paragraph 3 is replaced by the following: "3. Member States maksubmitting a notification under paragraph 1 and a risk assessment under paragraph 1 may, where necessary and in accordance with national law, decide to classify parts of the information. Such classification shall notthem or parts thereof. Such classification shall not preclude the other Member States from accessing this classified information through appropriate and secure channels of police cooperation, nor preclude such information from being made available by the Commission to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament under this Article shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission. (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0399)" Or. en
Amendment 206 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2016/399
Article 28 a (new)
Article 28 a (new)
(3a) the following Article is inserted: "Article 28a Any reintroduction or prolongation of border controls at internal borders made before ... [the date of entry into force of this Regulation] shall be taken into account for the purpose of calculation of the periods referred to in Articles 25(5), 27 1b, 27a(5) and 28(4) while on the same time the provisions of Articles 27 and 27a shall apply."
Amendment 35 #
2017/0158(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Cultural heritage constitutes one of the basic elements of civiliszation, it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillageunites us in shared memory knowledge and development of the humankind, therefore it should be protected from unlawful appropriation and pillage. Targeting of cultural heritage is a serious crime that causes significant suffering to those immediately affected and beyond. The Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries.
Amendment 36 #
2017/0158(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Protection of cultural heritage can be effective only if organized both nationally and internationally among Member States working in close co- operation. In view of different rules applying in the Member States regarding the entry of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry.
Amendment 47 #
2017/0158(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created ('source country'). In order to avoid circumvention, wWhen the cultural goods enter the Union from a different third country, the person who seeks to introduce them into the customs territory of the Union should demonstrate that they were legally exported from there legally, source country. In cases whenre the thirdsource country in question is a signatory State of the 1970 UNESCO Convention and thus a country committed to fighting against illicit trafficking of cultural property. In other cases, the person should prove lawful export from the source countryof the cultural goods cannot be reliably determined, the person who seeks to introduce them into the customs territory of the Union should demonstrate that they were legally exported from the last country where they were held before their dispatch into the Union (“export country”) in accordance with its laws and regulations.
Amendment 56 #
2017/0158(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Since certain categories of cultural goods, namely archaeological objects, elements of monuments, rare manuscripts and incunabula are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the first Member State of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit. Persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations or to prove the absence of such laws and regulations. The licit export from the source country should be proved with the appropriate supportive documents and evidence, in particular, export certificates or export licences issued by the third country of export, ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay. In cases where the source country of the cultural goods cannot be reliably determined, the application should be accompanied by any supporting documents and information, providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations. The import of cultural goods that originate in conflict-affected or high-risk countries should always require the presentation of a licence issued by the competent authority of the first Member State of entry. Persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations. The Commission should establish, by means of implementing acts, a regularly updated list of conflict-affected and high-risk countries. The Commission should call upon external expertise such as UNESCO and the International Council of Museums (ICOM) to provide for such list which should be based on the Red Lists published by ICOM, which classify the endangered categories of archaeological objects or works of art in the most vulnerable areas of the world in order to prevent them being sold or illegally exported.
Amendment 63 #
2017/0158(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Taking into account the particular nature of the goods, the role of the cultural experts within the customs authorities is extremely relevant since they should be able, where necessary, to require additional information from the declarant and to physically examine the cultural goods by conducting an expertise.
Amendment 65 #
2017/0158(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of an electronic statement, certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs. In order to facilitate the procedure and for reasons of legal certainty, the information about the cultural good should be provided using an electronic standardiszed document. The Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. Customs should register the entry of those cultural goods, keep the originals and give a copy of the relevant documents to the declaraThose cultural goods should be electronically registered and the declarant should be provided with a copy of the relevant submitted document,s in order to ensure traceability after the goods enter the internal market.
Amendment 76 #
2017/0158(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the Union, thewhich should be done while guaranteeing adequate conservation conditions, having due regard to the particular nature of the cultural goods. Those modalities should also apply to the electronic standardised templates for import licence applications and forms, as well as for electronic importer statements and their accompanying documents, as well as to further procedural rules on their electronic submission and processing. Implementing powers should also be conferred on the Commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between Member States. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council28. Implementing powers should also be conferred on the Commission to establish a regularly updated list of conflict- affected and high-risk countries. __________________ 28 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 79 #
2017/0158(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to electronically collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.
Amendment 80 #
2017/0158(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The EU Strategy and Action Plan for customs Risk Management29 aims – inter alia- to strengthen capacities and training of customs authorities, also for the European Border and Coast Guard Agency (Frontex), to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities. __________________ 29 COM/2014/0527 final: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.
Amendment 81 #
2017/0158(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
Amendment 82 #
2017/0158(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Sufficient time should be provided for the Commission to adopt rules implementing this Regulation, in particular those regarding the appropriate electronic standardised forms to use to apply for an import licence or to prepare an importer statement. Consequently, the application of this Regulation should be deferred.
Amendment 85 #
2017/0158(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
The entry into the customs territory of the Union of cultural goods which have been illegally exported from a third country is prohibited.
Amendment 90 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) 'export country' means the last country in which the cultural goods were permanently held in accordance with that country's laws and regulations before their dispatch to the Union;
Amendment 91 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 92 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ‘conflict-affected and high-risk countries’ means those countries listed by the Commission which are identified by the presence of armed conflicts, widespread violence or other risks of harm to people or cultural goods;
Amendment 96 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to modify the categories of goods that are subject to the presentation of an import licence or the submission of an importer statement to the customs authorities of the first Member State of entry, in the light of the experience gathered during the implementation of this Regulation.
Amendment 99 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The issuance of an import licence by the competent authority of the first Member State of entry or the correct submission of the importer statement to the customs authorities of the first Member State of entry shall not be construed to be evidence of licit provenance or ownership of the cultural goods.
Amendment 101 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific, restoration, conservation and academic research purposes; and for the purpose of cooperation between museums or similar public non-profit institutions for the organization of cultural exhibitions. The cultural goods to be presented at commercial fairs and international art fairs shall not be subject to the presentation of an import licence or an importer statement. However, should the cultural goods be acquired and remain within the territory of the Union, they shall be subject to the submission of an import licence in accordance with Article 4 or the presentation of an importer statement in accordance with Article 5.
Amendment 111 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The holder of the goodscultural goods listed in the previous paragraph shall apply for an import licence to the competent authority of the first Member State of entry. The application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 ('the 1970 UNESCO Convention') or in the absence of such laws and regulations. In cases where the source country of the cultural goods cannot be reliably determined, the application shall be accompanied by any supporting documents and information substantiating, providing evidence that the cultural goods have beenwere exported from thae export country in accordance with its laws and regulations.
Amendment 114 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The holder of cultural goods that originate in conflict-affected or high-risk countries shall always apply for an import licence to the competent authority of the first Member State of entry. The application shall be accompanied by any supporting documents and information substantiating that such cultural goods have been exported from the source country in accordance with its laws and regulations.
Amendment 119 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The competent authority of the first Member State of entry shall verify whether the application is complete. It shall request any missing information or document from the applicant within 30 days of receipt of the application.
Amendment 124 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) where the export country is not a Contracting Party to the 1970 UNESCO Convention, it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations;vidence required in paragraphs 2 or 3 is nor provided,
Amendment 126 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) where the export country is a Contracting Party to the 1970 UNESCO Convention, it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations;re are pending claim for restitution by the authorities of the source country,
Amendment 127 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) the competent authority has reasonable grounds to believeaffirm that the holder of the goods did not acquire them lawfully.
Amendment 131 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. In the event of rejection of the application, the administrative decision referred to in paragraph 4 shall be accompanied by a statement of reasons including information on the appeal procedure which is communicated to the applicant affected at the time it is issued.
Amendment 135 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission mayshall establish, by means of implementing acts, the electronic standardised template for the application for the import licence as well as the procedural rules on the electronic submission and processing of such an application together with the relevant supporting documents, which shall be done by electronic means. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 142 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The release for free circulation and the placing under a special procedure other than transit in the Union of the cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (k) and (l) of the Annex shall be subject to the submission of an electronic importer statement to the customs authorities of the first Member State of entry.
Amendment 143 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The previous paragraph does not apply to cultural goods that originate in conflict-affected or high-risk countries. Such cultural goods require the presentation of an import licence issued by the competent authority of the first Member State of entry in accordance with the provisions set out in Article 4.
Amendment 144 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on Cultural Property, the importer statementregistered electronically shall contain a declaration signed by the holder of the goods stating that the goods have been exported from thate source country in accordance with its laws and regulations.
Amendment 148 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The importer statement shall include a standardised electronic document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities. In cases where the source country of the cultural goods cannot be reliably determined, the importer statement shall contain a declaration signed by the holder of the goods stating that the cultural goods were exported from the export country in accordance with its laws and regulations.
Amendment 155 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission mayshall adopt, by means of implementing acts, the electronic standardised template for the importer statement as well as the procedural rules on the electronic submission and processing of the importer statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 158 #
2017/0158(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be electronically submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.
Amendment 160 #
2017/0158(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods, including by conducting an expertise. The import licence electronically registered shall be attributed a serial number and a registration date and, upon release of the goods, the declarant will be provided with a copy of the registered import licence.
Amendment 164 #
2017/0158(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statement by attributing to it importer statement electronically registered shall be attributed a serial number and a registration date and, upon release of the goods, provide the declarant will be provided with a copy of the registered importer statement.
Amendment 170 #
2017/0158(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union where the cultural goods in question entered the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled. In case of retention of the cultural goods, adequate conservation conditions shall be guaranteed in accordance with the conditions and responsibilities for the temporary storage of goods as stated in Article 147 of Regulation (EU) No952/2013, having due regard to the particular nature of the goods.
Amendment 184 #
2017/0158(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. An electronic system mayshall be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.
Amendment 186 #
2017/0158(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
The Commission mayshall lay down, by means of implementing acts,
Amendment 201 #
2017/0158(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities and the professionals concerned. They mayshall also use awareness- raising campaigns to sensitise in particular buyers of cultural goods. Moreover, in order to assist the market actors to implement this Regulation, information contact points shall be made available in each Member State.
Amendment 205 #
2017/0158(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. The Commission shall establish, by means of implementing acts, a regularly updated list of conflict-affected and high-risk countries.
Amendment 211 #
2017/0158(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point e
Article 14 – paragraph 1 – subparagraph 1 – point e
(e) number of cases in which cultural goods have been retained and
Amendment 212 #
2017/0158(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point f
Article 14 – paragraph 1 – subparagraph 1 – point f
(f) number of cases where cultural goods have been abandoned to the State in accordance with Article 199 of Regulation (EU) No 952/2013. and
Amendment 75 #
2016/2009(INI)
Motion for a resolution
Citation 42 a (new)
Citation 42 a (new)
- having regard to the Fundamental Rights Agency Report on Violence against children with disabilities: legislation, policies and programs in the EU (2015),
Amendment 77 #
2016/2009(INI)
Motion for a resolution
Citation 42 b (new)
Citation 42 b (new)
- having regard to the Fundamental Rights Agency Study on Child-friendly justice – Perspectives and experiences of professionals on children's participation in civil and criminal judicial proceedings in 10 EU Member States (2015),
Amendment 259 #
2016/2009(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas the right to be forgotten, in the field of privacy rights, represents a fundamental right that each person has not to see published on the internet contents about himself/herself, in the case these are cause of prejudice;
Amendment 495 #
2016/2009(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that appointing guardians to unaccompanied children is an important safeguard to ensure their best interests; calls on the Member States to establish these systems in line with the FRA and COM 2015 Handbook Guardianship for children deprived of parental care;
Amendment 708 #
2016/2009(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes with concern that child poverty rates remain high in the EU; eNumber of minors and teenagers, who live in poverty is increasing. Encourages Member States and the EU to launch programmes specifically targeting the well- being and healthy development of children and their social inclusion. Calls for the establishment of policies and programmes aimed at combatting the increasing educational poverty of minors, in order to pursue their social inclusion;
Amendment 762 #
2016/2009(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the announcement by Europol that at least 10 000 unaccompanied children went missing in the EU in 2015 has clearly shown that 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 trafficking in human beings; notes that appointing guardians to unaccompanied children is an important safeguard to ensure their best interests; calls for registration and the use of convenient and dependable identification tools for children of all ages until they enter the inclusion process in order to prevent their disappearance; calls on the Commission and the Member States to make full use of FRA's expertise to enhance child protection and the protection of vulnerable people in the current migration situation, particularly at the hotspots;
Amendment 849 #
2016/2009(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes that active ageing and inter- generational solidarity are important issues with respect to Europe’'s demographic changes; as it represents one of the deepest economic and social transformation that developed countries are facing up with. Calls on Member States to incentivize an increased active participation of elderly people to social and economic initiatives, and to guarantee them an easy access to health services;
Amendment 854 #
2016/2009(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Highlights that discrimination on the basis of age is often combined with other forms of discrimination, such as discrimination on grounds of race and ethnicity, religion, disability, health or socio-economic conditions; Calls on Member States to implement actions aimed at reintegrating elderly people in the community life, in order to combat their isolation;
Amendment 899 #
2016/2009(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Calls on the European Council and the European Commission to strengthen its strategy on Roma and poor communities' inclusion, by scaling it up, widening it to reach 80 million citizens and to strengthen the European Commission Roma Task Force and the National Contact Points, develop regional and local contact points, develop Regional Roma Platforms and with the European Roma Platform develop it into an online policy developing forum;
Amendment 918 #
2016/2009(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41 b. Calls on the Member States to strengthen the cooperation between local authorities and the poor communities;
Amendment 972 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Right to be forgotten Calls on the European Union and Member States to safeguard the right to be forgotten, through the urgent adoption of technical and organisational measures which can assure a proper implementation of Article 17 of Regulation (EU) 2016/679 of the European Parliament and the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Amendment 31 #
2016/0288(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied to the end-user against counter- performance other than money, for instance by giving access toin particular against the provision of personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user activeconsciously provides personal data, such as name or email address, as defined in Article 4(1) of Regulation (EU) 2016/679 or other data directly or indirectly to the provider. It should also encompass situations where the provider collectsend-user allows access to information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie). In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.
Amendment 38 #
2016/0288(COD)
Proposal for a directive
Recital 227
Recital 227
(227) Considering the particular aspects related to reporting missing children, Member States should maintain their commitment to ensure that a well- functioning and child-friendly service for reporting missing children is actually available in their territories under the number ‘116000’, also a helpline for children in need of care and protection under the number '116111'.
Amendment 39 #
2016/0288(COD)
Proposal for a directive
Recital 227 a (new)
Recital 227 a (new)
(227 a) It is often the case that while citizens are travelling between Member States they need to call or use a helpline or a hotline operated in their home country, which is not possible today. Citizens should have access to their home helplines and hotlines by adding the country code to deal with urgent challenges or in need to mediate help to anyone in their home Member State when the services operated in the host Member State cannot provide effective help for geographic or linguistic reasons.
Amendment 55 #
2016/0288(COD)
Proposal for a directive
Article 90 – title
Article 90 – title
The missing children hotline numberand child helpline hotlines
Amendment 56 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 1
Article 90 – paragraph 1
1. Member States shall ensure that citizens have access to a service operating a hotline to report cases of missing children hotline. The hotline shall be child-friendly, available on the number ‘'116000’'.
Amendment 57 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 1 a (new)
Article 90 – paragraph 1 a (new)
1 a. Member States shall ensure that children have access to child-friendly service operating a helpline. The helpline shall be available on the number '116111'.
Amendment 58 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 1 b (new)
Article 90 – paragraph 1 b (new)
1 b. Member States shall ensure that citizens are informed about the existence and how to access the services provided under the numbers '116000' and '116111' to the greatest extent possible.
Amendment 59 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 2
Article 90 – paragraph 2
2. Member States shall ensure that children and disabled end-users are informed of the existence and use of and able to access services provided under the numbers ‘116000’ and 116111 to the greatest extent possible. Measures taken to facilitate disablebroad end- users' access to such services also whilst travelling in other Member States shall be based on compliance with relevant standards or specifications published in accordance with Article 39.
Amendment 60 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 2 a (new)
Article 90 – paragraph 2 a (new)
2 a. Member States shall ensure that citizens have access to hotlines and helplines operated in their home Member State by adding the country code while they are travelling between Member States.
Amendment 32 #
2016/0286(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) BEREC should also serve as a body for reflection, debate and advice for the European Parliament, the Council and the Commission in the electronic communications field. To that end, BEREC should, provide advice to the European Parliament, the Council and the Commission, upon their request or on its own initiative.
Amendment 33 #
2016/0286(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Compared to the situation in the past where both a Board of Regulators and a Management Committee were running in parallel, having a single board giving general orientations for the activities of BEREC, deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency, coherence and performance of the agency. To this end, the Management Board should carry the relevant functions and should consist, in addition of two representatives of the Commission,The Management Board should be responsible for the relevant administrative and budgetary management matters and should consist, in addition of the Head, or otherwise a member of the collegiate body, of each NRA, who a and of one re protected by dismissal requirementsesentative of the Commission.
Amendment 35 #
2016/0286(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. BEREC´s tasks shall be published on the website and updated in order to indicate its new tasks.
Amendment 36 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) assist, advise, including by means of reports, the European Parliament and the Council, following a reasoned request or on its own initiative on any matter regarding electronic communications within its competence;
Amendment 38 #
2016/0286(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- an Executive Director Secretary-General, which shall exercise the responsibilities set out in Article 9;
Amendment 39 #
2016/0286(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Management Board shall be composed of one representative from each Member State and twoone representatives of the Commission, all with voting rights. Each NRA shall be responsible for nominating its respective representative amongst the Head or members of the collegiate body of the NRA.
Amendment 42 #
2016/0286(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point f
Article 9 – paragraph 5 – point f
(f) preparing an action plan following- up conclusions of internal or external audit reports and evaluations, as well as investigations by the OLAF and reporting on progress twionce a year to the Commission and regularly to the Management Board;
Amendment 123 #
2016/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised, taking into account the juridical differences between the refugee status and the subsidiary protection status.
Amendment 134 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persrefugees and beneficiaries of subsidiary protections in all Member States.
Amendment 189 #
2016/0223(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The assessment of the best interests of the child should be the primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors.
Amendment 254 #
2016/0223(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) In the event that the situation of a beneficiary of international protection or an applicant for international protection fulfil the conditions set out in Art 33(2) of the Geneva Convention, Member States should enjoy the discretion whether to return the person to his/her country of origin, in full respect of the European Charter of Fundamental Rights, in particular Article 4 and Article 19 (2).
Amendment 421 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Any decision not to provide international protection to a minor, whether accompanied or not, based on the availability of internal protection, shall be preceded by a formal best interests determination procedure. Where the applicant is an unaccompanied minor, the availability of appropriate care, custodial arrangements and durable solutions for his or her development should be part of the assessment of whether the protection is effectively guaranteed within the individuated area.
Amendment 456 #
2016/0223(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Points (e) and (f) shall not apply to a refugee who is able to invokedemonstrate the existence of compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 480 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) particularly cruel actions when the act in question is disproportionate to the alleged political objective,ipation in the activities of a terrorist group even though it is not established that the person concerned committed, attempted to commit or threatened to commit a terrorist act as defined in the resolutions of the United Nations Security Council;
Amendment 485 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective.a conviction by the Courts of a Member State on a charge of participation in the activities of a terrorist group; or
Amendment 487 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) membership of the leadership of a terrorist group.
Amendment 502 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) he or she, having been convicted by a final judgment of a particularly serious crime with reference to offences listed in Article 2(2) of Framework Decision 2002/584/JHA, constitutes a danger to the community of the Member State in which he or she is present;
Amendment 526 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
In order to apply Article 14(1), the determining authority shall review the refugee status in particular where: :
Amendment 532 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where Union level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant;
Amendment 559 #
2016/0223(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invokedemonstrate the existence of compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 596 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
In order to apply Article 20(1), the determining authority shall review the subsidiary protection status in particular where:
Amendment 601 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph a
Article 21 – paragraph a
(a) where Union level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant,
Amendment 615 #
2016/0223(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When applying the provisions of this Chapter that involve minors the best interests of the child shall be athe primary consideration to the relevant authorities.
Amendment 173 #
2016/0222(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shallmay provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.
Amendment 216 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall require applicants to inform the competent authorities of their current place of residence or address orand a telephone number where they may be reached and notify any change of telephone number orand address to such authorities as soon as possible.
Amendment 219 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Member States may make provision of the material reception conditions subject to actual residence by the applicants in a specific place. Such a decision needs to take the form of an administrative decision.
Amendment 237 #
2016/0222(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point c
Article 8 – paragraph 3 – subparagraph 1 – point c
(c) in order to ensure compliance with legalthe obligations imposed on the applicant through an individual decision in accordance with Article 7(2) in cases where the applicant has not complied with such obligations and to remain on the territory of the responsible Member State where there is a risk of absconding of the applicant.
Amendment 356 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States may make the provision of all or some of the material reception conditions and health care subject to the condition that applicants do not have sufficient means to have a standard of living adequate for their health and to enable their subsistence.
Amendment 359 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States may require applicants to cover or contribute to the cost of the material reception conditions and of the health care provided for in paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time.
Amendment 361 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
If it transpires that an applicant had sufficient means to cover material reception conditions and health care at the time when those basic needs were being covered, Member States may ask the applicant for a refund.
Amendment 363 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions and of the health care or when asking an applicant for a refund in accordance with paragraph 4, Member States shall observe the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.
Amendment 421 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) reduce or, in exceptional and duly justified cases, withdraw material reception conditions or the daily allowances.
Amendment 453 #
2016/0222(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
In order to effectively implement Article 20, Member States shall systematically assess, once an application for international protection is made, whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs.
Amendment 456 #
2016/0222(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
That assessment shall be initiated as earlysoon as possible by a competent authority after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 520 #
2016/0222(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall, with due respect to their constitutional structure, put in place relevant mechanisms in order to ensure that appropriate guidance, monitoring and control of the level of reception conditions are established. Member States shall, where appropriate, take into account [operational standards on reception conditions and indicators developed by the European Asylum Support Office / the European Union Agency for Asylum] and any other reception conditions operational standards, indicators or guidelines established in accordance with Article [12] of Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum].
Amendment 523 #
2016/0222(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shall draw up a contingency plan for situations of a disproportionate pressure setting out the planned measures to be taken to ensure an adequate reception of applicants for international protection in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.
Amendment 529 #
2016/0222(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The first contingency plan shall be completed, using a template to be adevelopted by the Management Board of the European Union Agency for Asylum, and shall be notified to the European Union Agency for Asylum at the latest by [6 months after entry into force of this Directive]. An updated contingency plan shall be notified to the European Union Agency for Asylum every two years thereafter. The Member States shall inform the Commission and the European Union Agency for Asylum whenever its contingency plan is activated.
Amendment 362 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) receive electronically supplied services, the main feature of which is the provision of access to and use of copyright-protected works or other protected subject matter, in respect of which the trader has the requisite rights for the territory from which the consumer seeks to receive such services;
Amendment 215 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between 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 219 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 256 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.
Amendment 539 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter.
Amendment 574 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where the applicant is in possession of a valid residence document or a residence document which has expired less than two years before lodging the first application , the Member State which issued the document shall be responsible for examining the application for international protection.
Amendment 577 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application , the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council25 . In such a case, the represented Member State shall be responsible for examining the application for international protection. _________________ 25 Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas (OJ L 243, 15.9.2009, p. 1).
Amendment 581 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Where the applicant is in possession only of one or more residence documents which have expired less than two years previously or one or more visas which have expired less than six months previously and which enabled him or her actually to enter the territory of a Member State, paragraphs 1, 2 and 3 shall apply for such time as the applicant has not left the territories of the Member States. Where the applicant is in possession of one or more residence documents which have expired more than two years previously or one or more visas which have expired more than six months previously and enabled him or her actually to enter the territory of a Member State and where he has not left the territories of the Member States, the Member State in which the application for international protection is lodged shall be responsible.
Amendment 590 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come directly from a third country, the Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place
Amendment 593 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
2. When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4), that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot be established — has been living for a continuous period of at least five months in a Member State before lodging the application for international protection, that Member State shall be responsible for examining the application for international protection. If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.
Amendment 613 #
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 632 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
Amendment 643 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 7 – subparagraph 1
Article 20 – paragraph 7 – subparagraph 1
Amendment 654 #
2016/0133(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 665 #
2016/0133(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 774 #
2016/0133(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 776 #
2016/0133(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 783 #
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 voluntarily for the benefit of a Member State, 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.
Amendment 814 #
2016/0133(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 815 #
2016/0133(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 847 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting 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).rticle 36 deleted
Amendment 849 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting 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).rticle 36 deleted
Amendment 871 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 872 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 884 #
Amendment 898 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 910 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 914 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 923 #
2016/0133(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 924 #
2016/0133(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 933 #
2016/0133(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 934 #
2016/0133(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 941 #
2016/0133(COD)
Amendment 943 #
2016/0133(COD)
Amendment 954 #
2016/0133(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 955 #
2016/0133(COD)
Amendment 960 #
2016/0133(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 961 #
2016/0133(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 970 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 971 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 980 #
2016/0133(COD)
Proposal for a regulation
Article 44
Article 44
Automated system for registration, monitoring and the allocation mechanism 1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automated system shall be established. 2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures. 3. The European agency for the operational management of large scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 shall be responsible for the preparation, development and the operational management of the central system and the communication infrastructure between the central system and the national infrastructures. 4. The national infrastructures shall be developed and managed by the Member States.rticle 44 deleted
Amendment 984 #
2016/0133(COD)
Proposal for a regulation
Article 45
Article 45
Access to the automated system 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. 2. The European Union Agency for Asylum shall have access to the automated system for entering and adapting the reference key pursuant to Article 35(4) and for entering the information referred to in Article 22(3). 3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013]. 4. The Commission shall, by means of implementing acts, adopt uniform conditions and practical arrangements for entering and consulting the information referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 56(2).rticle 45 deleted
Amendment 988 #
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.
Amendment 998 #
2016/0133(COD)
Proposal for a regulation
Article 53
Article 53
Amendment 322 #
2016/0023(COD)
Proposal for a regulation
Annex III – part 1 – point a
Annex III – part 1 – point a
(a) from 1 January 20198: acetaldehyde productionwhere mercury is used as a catalyst
Amendment 325 #
2016/0023(COD)
Proposal for a regulation
Annex III – part 1 – point b
Annex III – part 1 – point b
(b) from 1 January 2019: vinyl chloride monomer production1 December 2017 where mercury is used as an electrode or from 11 December 2020 where Article 15 (4) of Directive 2010/75/EU is applied
Amendment 329 #
2016/0023(COD)
Proposal for a regulation
Annex III – part 1 – point b a (new)
Annex III – part 1 – point b a (new)
(ba) Point (b) shall apply for the production of potassium methylate and ethylate and for vinyl chlorid monomer only from 1 January 2021.
Amendment 337 #
2016/0023(COD)
Proposal for a regulation
Annex III – part 2 – paragraph 2 – introductory part
Annex III – part 2 – paragraph 2 – introductory part
The production of sodium or potassium methylate or ethylate and vinyl chlorid monomer shall be carried out in accordance with point (b) of Part I and the following requirements:
Amendment 207 #
2015/2254(INL)
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliance; and the mechanism for ensuring this compliance should be signed and put into practice based on a unanimous agreement of all EU Member States;
Amendment 232 #
2015/2254(INL)
Motion for a resolution
Recital U
Recital U
U. whereas recent developments have shown it is urgent tothe ongoing European integration process implies a revise and integrateion of existing mechanisms, and development of an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;
Amendment 241 #
2015/2254(INL)
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; respecting the principle of subsidiarity and based on a graduated approach, including both a preventative and corrective arm;
Amendment 411 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 5
Annex – Citation 5
– having regard to the Copenhagen criteria, in particular Chapters 23 and 24 and the existing double standards concerning accession countries and Member States,
Amendment 424 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 18
Annex – Citation 18
Amendment 427 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 19
Annex – Citation 19
Amendment 430 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 20
Annex – Citation 20
Amendment 446 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 6
Annex – Recital 6
(6) Whereas Member States are primarily responsible for upholding common standards and the principle of subsidiarity should be respected within and by the Union, but, when they fail to do so, the Union has a duty to intervene to protect its constitutional core and ensure that the values laid down in Article 2 TEU are guaranteed for all Union citizens throughout the territory of the Union;
Amendment 449 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 6 a (new)
Annex – Recital 6 a (new)
(6a) Whereas existing double standards should be eliminated within the Union, compliance with the Copenhagen criteria that constitutes a basis of a common minimum standard for minority protection should be implemented by all Member States, and as such their fulfilment should also be monitored;
Amendment 461 #
2015/2254(INL)
Motion for a resolution
Annex – Article 2
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboardmonitoring reports, the DRF Semester, including an annual inter-parliamentary debate on the basis of that Scoreboard,monitoring reports and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;
Amendment 466 #
Amendment 471 #
2015/2254(INL)
Motion for a resolution
Annex – Article 4
Annex – Article 4
An annual scoreboardmonitoring report on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commission;
Amendment 478 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF Scoreboardmonitoring reports shall be drawn up using a variety of sources, including:
Amendment 487 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – indent 8 a (new)
Annex – Article 6 – indent 8 a (new)
– an evaluation of the compliance of the country with the Copenhagen criteria.
Amendment 491 #
2015/2254(INL)
Motion for a resolution
Annex – Article 7
Annex – Article 7
The DRF Scoreboardmonitoring reports shall contain a general part and country-specific reports, including recommendations.
Amendment 495 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboardmonitoring reports shall be based on a set of indicators in three categories, presented in a harmonised format and accompanied by country-specific reports.
Amendment 508 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.1 – indent 9 a (new)
Annex – Article 8 – point 8.1 – indent 9 a (new)
– The status and acceptance of minorities within and by the state, as required by the Copenhagen criteria
Amendment 514 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – indent 5
Annex – Article 8 – point 8.2 – indent 5
– Access to justice: independence and impartiality, fair trial, constitutional justice (where applicable), an independent legal profession
Amendment 525 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – introductory part
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.
Amendment 526 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1
Annex – Article 9 – point 9.1
– one independent expert designated by each Member State; – ten academic experts designated by the federation of All European Academies (ALLEA); – ten experts designated by the European Network of National H, preferably a constitutional judge, academic expert or human Rrights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – ten former judges designated by CEPEJ; – two experts each designated by the United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD)expert; – one Member of the European Parliament, preferably the rapporteur of report on fundamental rights in the Union. – a designated Commission official .
Amendment 544 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draft country recommendations, the Commission shall provide a secretariat to the DRF expert panelFRA should provide technical assistance and coordination for the work, enabling it to function efficiently, in particular by gathering and sharing available data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
Amendment 549 #
2015/2254(INL)
Motion for a resolution
Annex – Article 10 – introductory part
Annex – Article 10 – introductory part
Amendment 554 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – introductory part
Annex – Article 11 – introductory part
The DRF Scoreboardmonitoring reports shall be adopted as follows:
Amendment 556 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF Scoreboardmonitoring report, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;
Amendment 565 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
– The draft DRF Scoreboardmonitoring report and draft country-specific recommendations shall be made publically available;
Amendment 572 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
– The Commission shall formally adopt the DRF Scoreboardmonitoring report and country- specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semester.
Amendment 581 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
The adoption of the DRF Scoreboardmonitoring report by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboardreports and recommendations included in country- specific reports, through the following steps:
Amendment 582 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary debate on the basis of the DRF Scoreboardreports, and adopt a resolution;
Amendment 589 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF Scoreboardreports and adopt Council conclusions, inviting national parliaments to provide a response to the DRF Scoreboardreports, proposals or reforms;
Amendment 596 #
2015/2254(INL)
– on the basis of the DRF Scoreboardmonitoring reports, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;
Amendment 599 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF Scoreboardmonitoring report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.
Amendment 605 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
12.1 On the basis of the DRF Scoreboardmonitoring report, if a Member State has a green score on all indicators, no further action shall be necessary.
Amendment 618 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
12.3 On the basis of the DRF Scoreboardmonitoring reports, where a Member State receives one or more red scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.
Amendment 628 #
2015/2254(INL)
Motion for a resolution
Annex – Article 13
Annex – Article 13
The DRF Scoreboardmonitoring reports shall expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them.
Amendment 633 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – introductory part
Annex – Article 14 – introductory part
A systematic ex-ante and ex-post fundamental rights impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;
Amendment 1 #
2015/2062(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the Universal Declaration of Human Rights (Articles 3 and 5), the International Covenant on Civil and Political Rights (Article 7) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Amendment 3 #
2015/2062(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the UN Convention on the Rights of the Child, adopted in New York on 20 November 1989,
Amendment 4 #
2015/2062(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to the following General Comments of the UN Committee on the Rights of the Child: No 10 (2007) on children's rights in juvenile justice, No 13 (2011) on the right of the child to freedom from all forms of violence and No 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (art. 31),
Amendment 5 #
2015/2062(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to the UN minimum rules on the treatment of prisoners and the declarations and principles adopted by the General Assembly; having regard to the UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) adopted by General Assembly; having regard to the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice; having regard to the recommendations of the Committee of Ministers of the Council of Europe, particularly Recommendation (2006)2 on European Prison Rules, Recommendation (2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse, Recommendation (2008)11 on the European rules for juvenile offenders subject to sanctions or measures, Recommendation (2010)1 on the Council of Europe Probation Rules and the recommendations adopted by the Parliamentary Assembly,
Amendment 29 #
2015/2062(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the prohibition of torture or other cruel, inhuman or degrading treatment or punishment is a universal norm, applicable to adults as well as children,
Amendment 44 #
2015/2062(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Article 37 of the United Nations Convention on the Rights of the Child stipulates that the detention of a child ‘shall be used only as a measure of last resort and for the shortest appropriate period of time’; whereas children must be ‘separated from adults’ in institutions specially designed for them unless it is considered in the child’s best interest not to do so;
Amendment 45 #
2015/2062(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas pre-trial detention should be used only as a measure of last resort and no children should be held in a facility where they are vulnerable to the negative influences and that account should always be taken of the needs particular to their stage of development;
Amendment 209 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that children in detention shall receive care, protection and all necessary individual assistance-social, educational, vocational, psychological, medical and physical-that they may require in view of their age, sex and personality. Calls on Member States to extend particular care and special protection to children in detention;
Amendment 214 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that children in detention shall maintain regular and meaningful contact with parents, family and friends through visits and correspondence, except when restrictions are required in the interests of justice and the interests of the child. Restrictions on this right should never be used as a punishment;
Amendment 218 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Notes that children in detention shall have access to programmes that prepare children in advance for their return to their communities, with full attention given to them in respect of their emotional and physical needs, their family relationships, housing, schooling and employment possibilities and socio- economic status;
Amendment 2 #
2015/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is concerned at the misleadingthat some registration practices of economic interests in expert groups might be misleading , which could distort the number of such interests represented in both absolute and relative terms, as well as the imbalance vis-à-vis non-economic or political interests;
Amendment 17 #
2015/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to ensure that the membership of expert groups and similar entities providing it with advice is accurately and consistently balanced and categorised as to the nature of the interests represented by members, in line with the European Ombudsman’s recommendations in the context of own- initiative inquiry OI/6/2014/NF;
Amendment 29 #
2015/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to issue and disseminate timely public calls for applications for the selection of all expert group membership in order to ensure that selection process is most transparent and inclusive, to be contingent on registration in the Transparency Register, and to ensure compliance with the OECD Guidelines on Managing Conflict of Interest in the Public Service and due diligence in the screening thereof;
Amendment 31 #
2015/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that in order to ensure factual balanced participation special efforts should be made when publishing call for applications to reach the different relevant expertise sectors, be it from the scientific field or civil society;
Amendment 50 #
2015/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6.. Urges the EU agencies to establish much stricter criteria and procedures to ensure the independence of their scientific panels from the economic and non- economic sectors regulated by them and from the influence of political parties having specific agenda on the concerned topic, in order to properly avoid conflicts of interest, with particular emphasis on the ability to use a status of ‘'invited specialists’' making it possible to receive input from experts who have links to regulated industries but are disqualified from drafting or decision-making roles in scientific opinions.
Amendment 54 #
2015/2041(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that in the time of rising euro scepticism it is crucial to strengthen public trust in EU institutions and the people who run it; strong commitment to transparency, ensuring integrity of the institutions and fighting corruption are of utmost importance;
Amendment 23 #
2015/0306(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in full respect of fundamental rights, in particular of the principle of non-refoulement, and in compliance with the provisions of Directive 2008/115/EC9 of the European Parliament and of the Council9, is an essential part of the comprehensive efforts to ensure the credibility and proper, public confidence and proper and effective functioning of the Union migration policies and to reduce and deter irregular migration. _________________ 9 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 46 #
2015/0306(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States should input the data of copies of all European travel documents for return that they have issued in Eurodac and the Schengen Information System as part of increased information sharing in the area of return decisions and in order to facilitate mutual recognition and effective enforcement of return decisions in the area of asylum.
Amendment 88 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The documents of minors shall be linked to those of family members so that return operations can be carried out jointly. Unaccompanied minors shall only be issued a European travel document for return where family members have been successfully identified in their country of return, while ensuring the admissibility of such minors and thorough assistance for their reunification with family members.
Amendment 40 #
2015/0211(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In light of the increasing pressure on the asylum systems of the Member States, the establishment of a common list of safe countries of origin or transit should be able to discourage irregular migrants to seek international protection in EU Member States. This common list will relieve asylum systems and facilitate effective returns.
Amendment 71 #
2015/0211(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The EU should provide financial and effective technical assistance to countries of transit of irregular migrants. The migration crisis affects not only the EU itself, although the EU is the most desired destination place for economic migrants. Other European countries are however also under severe pressure. Strengthening our asylum system should go alongside to responsible burden sharing with these countries of origins, especially with the countries of the Western Balkans and Turkey.
Amendment 73 #
2015/0211(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) While Turkey, as an EU candidate country is party of the major human rights instruments, alleged violations of the right to freedom from torture and ill- treatment, or inhuman and degrading treatment occur disturbingly often. Particular attention to this factor should be paid during the establishment and then the maintenance of the EU common list of safe countries of origin.
Amendment 25 #
2014/2257(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Insist that the Commission effectively implements the ECI regulation and proceeds for the removal of all administrative burdens encountered by citizens when submitting and following an ECI, and urges the Commission to consider the implementation of a common ECIs' registering system to all members states
Amendment 35 #
2014/2257(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that if citizens lose their interest and trust in the EU institutions after their successful and widely supported ECIs are neglected by the Commission, the EU is putting its credibility at risk.
Amendment 69 #
2014/2257(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that an ECI is an important tool of participatory democracy for making citizens' voices heard in the legislative procedure and that a successful ECI should in principle result in a new Commission legislative proposal, at least when the Commission has committed itself to doing so, as in the case of the ECI on the Right to Water;
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 105 #
2014/2254(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union operates on the basis of the presumption and mutual trust that EU Member States conform with democracy, the rule of law and fundamental rights, as enshrined in the ECHR and in the Charter of Fundamental Rights, notably in relation to the development of an Area of Freedom, Security and Justice and the mutual recognition principle;
Amendment 115 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter securityit is important to find the right balance between the respect of fundamental rights and ensuring security of citizens;
Amendment 119 #
2014/2254(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the manifestations of extreme nationalism, racism, xenophobia and intolerance have not yet disappeared from our communities; on the contrary, especially after the recent terrorist attacks they appear to be on the rise in many Member States which affects traditional minorities and new national minority communities as well;
Amendment 121 #
2014/2254(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the obligations incumbent on candidate countries under the Copenhagen criteria are not only basic pre-accession requirements, but must also continue to apply after a country has joined the EU, based on article 2 TEU; whereas in the light of this, all Member States should be assessed on an ongoing basis in order to verify their continued compliance with the EU's fundamental values of democracy, the rule of law, respect for human rights and protection of minorities;
Amendment 139 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas article 22 of the Charter of Fundamental Rights of the European Union obliges the Union to "respect cultural, religious and linguistic diversity",
Amendment 148 #
2014/2254(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas fundamental freedoms, human rights and equal opportunities shall be provided for all citizens of the European Union including persons belonging to national and linguistic minorities;
Amendment 178 #
2014/2254(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that Article 6 TEU requires the Union to accede to the ECHR; notes Opinion 2/2013 of the Court of Justice of the European Union; calls on the Commission and the Council to draw up proposals designed to ensure that the aforementioned obligation is met as quickly as possible, on the basis of full transparency and with the aim of enhanput in place the necessary instruments in order to ensure that the aforementioned obligation enshrined into the treaties is immediately accomplished , as it will provide an additional mechanism for enforcing the protection of individuals and making the European institutions more accountable for their actions or failings regarding fundamental rights;
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 202 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a a (new)
Paragraph 4 – point a a (new)
(aa) Ensure that legislative proposals and policies comply with the Charter and respect fundamental rights, and that the impact of EU legislation and its implementation by the Member States on fundamental rights are systematically examined in the evaluation reports on the implementation of EU legislation, as well as in the annual report on monitoring the application of EU law;
Amendment 310 #
2014/2254(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instances of anti-Semitic and anti-Islamic and anti- Christian discrimination and violence; calls on Member States to protect freedom of religion or belief and to promote tolerancereligious tolerance and non- discrimination;
Amendment 322 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on promoting understanding, acceptance and tolerance between the different national communities in the Member States through the principles of equality, non-discrimination and respect for diversity; calls on particularly the condemnation of hate speech and all forms of aggression;
Amendment 335 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges respect of freedom of religion or belief in the occupied part of Cyprus, where more than 500 religious and cultural monuments are on the way to collapse;
Amendment 352 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on all member states to properly implement Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime;
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 360 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines that safeguarding fundamental rights in today's information society is a key issue for the EU as the growing use of information and communications technologies (ICT) poses new threats against fundamental rights in cyberspace, the protection of which should be strengthened by ensuring that they are promoted and protected online in the same way and to the same extent as in the offline 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 367 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Urges the Commission to monitor intensively the implementation of existing EU legislation in this field and considers that Member States should apply the provisions of criminal law in practice through effective investigation and prosecution to ensure respect for the fundamental rights of the victims;
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 373 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Recognizes that that wide spread of transnational cybercrime and cyber terrorism creates serious challenges and concerns about protection of fundamental rights in the online environment, which makes even more imperative the international cooperation between member states' police and law enforcement authorities in the context of the fight against cybercrime pursuant to article 87 TFEU;
Amendment 377 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Stresses that human trafficking and any form of exploitation are criminal activities becoming increasingly common in Europe and have been fuelled over recent years by the spiralling increase in the number of immigrants present inside and outside the EU. For this reason calls on the Commission to strengthen European legislation on human trafficking in order to improve harmonisation of the national laws of the Member States;
Amendment 402 #
2014/2254(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that even today people belonging to minorities are still victims of discrimination; calls for more consistency of the European Union in the field of minority protection; strongly believes that all Member States as well as candidate countries shall be bound by the same principles and criteria in order to avoid the application of double standards; Calls therefore, as a part of resolving the so- called Copenhagen dilemma, for the establishment of an effective mechanism to monitor and ensure fundamental and acquired rights of national and linguistic minorities both in candidate countries and in countries already admitted to the European Union;
Amendment 407 #
2014/2254(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that even today people belonging tothere are cases in which people belonging to religious and ethnic minorities are still victims of discrimination;
Amendment 417 #
2014/2254(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the rights of persons with disabilities, the rights of LGBTI persons and persons belonging to national minorities;
Amendment 468 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Condemns any forms of discrimination and violence against children and calls on the Commission and Member States to make a united action to eradicate violence against children.
Amendment 473 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and the Member States to keep the issue of violence against women high on the agenda as Gender-based violence is both a consequence of the inequalities between women and men as well as an obstacle to equality and therefore should not be tolerated; Furthermore calls on the Commission to encourage national ratifications and start the procedure for EU accession to the Istanbul Convention as quickly as possible; notes that the immediate accession of all Member States to the Istanbul Convention would lead to the development of an integrated policy and to the promotion of international cooperation in the fight against all forms of violence against women;
Amendment 479 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the EU to continue its work in ensuring equality between women and men in pay, pensions and participation in labour market, including in positions on top management. This action should help ensuring that Europe is making full use of all available talent;
Amendment 571 #
2014/2254(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns regarding investigations and convictions in connection with hate crimes in the Member States; calls on the EU to make the fight against hate crimes a priority when drawing up European policies against discrimination and in the field of justice; cCalls for a review of the fon the Member States to implement the Council Framework dDecision on racismcombating certain forms and expressions of racism, related intolerance and xenophobia;
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 604 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses its concern about the situation of the Roma in the European Union, and the numerous instances of persecution, violence, stigmatisation and discrimination against contrary to fundamental rights and European Union law; calls once more for the effective implementation of the strategies to foster real inclusion and for pertinent action to promote integration, particularly in the field of fundamental rights, education, employment, housing, healthcare, as well as to fight against violence, hate speech and discrimination of Roma;
Amendment 606 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that the principles of human dignity, equality before the law and the prohibition of discrimination on any grounds are foundations of rule of law; calls on Member States to adopt a national legislative framework to address all forms of discrimination and guarantee the effective implementation of the existing EU legal framework;
Amendment 662 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– improve legal avenues for refugees; calls on all Member States to participate to EU resettlement programmes;
Amendment 673 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 3 a (new)
Paragraph 14 – indent 3 a (new)
- respect the basic human rights of refugees;
Amendment 679 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 3 b (new)
Paragraph 14 – indent 3 b (new)
- promote the peaceful resolution of conflicts raging in third countries;
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 685 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the importance of respecting and protecting the rights of refugees and migrants, while special attention should be paid to women and children migrants; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention on the status of refugees and the principle of non-refoulement; Underlining the need for having External Relations, Development policy and Humanitarian aid interlinked and coordinated with Internal Policies for migration and internal security in order to be successful. This will require a more targeted approach including additional resources and efforts and better cooperation also amongst the competent EU institutions;
Amendment 689 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Member States to ensure that the Common European Asylum System (CEAS) is fully established as planned, providing better access to the asylum procedure for those who seek protection and guaranteeing decent conditions both for those who apply for asylum and those who are granted international protection within the EU;
Amendment 724 #
2014/2254(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for an investigation into the use of funds earmarked for home affairs; in particular with regard the funds given for maintaining the refugee reception stations;
Amendment 813 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Points out that developing a common European area of justice based on mutual recognition and legal safeguards, harmonizing the different justice systems of Member States, especially in criminal matters, should remain among the high priorities of the European Institutions for the EU Justice Agenda 2020;
Amendment 814 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Underlines that fundamental rights are effective only if they are judiciable; In this context, the promotion of the effective and exemplary application of the Charter and the secondary EU legislation on fundamental rights is crucial for the trust of citizens in the proper functioning of the European area of justice;
Amendment 2 #
2014/2239(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the Commission’s follow- up to the European Citizens’ Initiative (ECI) Right2Water (R2W), as proposed in its communication, falls short of expectationdoes not meet citizens’ expectations of concrete actions and legislative proposals as the Commission had already announced that it would step up efforts towards ensuring full implementation of EU water legislation by the Member States, reviewing the EU Drinking Water Directive and proposing amendments;
Amendment 8 #
2014/2239(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that an ECI is an important tool of participatory democracy for making citizens’ voices heard in the legislative procedure and that an admissible and appropriate successful ECI should in principle result in a new Commission legislative proposal, at least when the Commission has committed itself to doing so, as in the case of the ECI R2W;
Amendment 14 #
2014/2239(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Insist that the Commission effectively implements the ECI regulation and proceeds for the removal of all administrative burdens encountered by citizens when submitting and following an ECI, and urges the Commission to consider the implementation of a common ECIs’ registering system to all Member States.
Amendment 16 #
2014/2239(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that more should be done to improve the quality and quantity of the information available to citizens in relation to water quality and services; Insists that the response given by the EC to the Right2Water ECI is insufficient; asks the European Commission with regard this particular ECI to lead a serious information campaign on the measures that have already been taken in the field of water and how these measures could contribute to the achievements of the objectives of the Right2Water ECI,
Amendment 17 #
2014/2239(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Reminds the Member States on their responsibility in implementing EU law; urges them to fully implement the EU Drinking Water Directive and all related legislation,
Amendment 18 #
2014/2239(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Reminds the MS to identify their spending priorities and to make full use of the opportunities of EU financial support in the water sector provided in the new financial programming period ( 2014- 2020), in particular through an investment priority specifically centred on water management,
Amendment 19 #
2014/2239(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Recalls that water is a basic human right that should be accessible and affordable to all; highlights that Member States have a duty to ensure that water should be guaranteed to all via considering the most suitable public or private operators who deliver quality water to the public while making sure that the operators provide safe drinking water and improved sanitation,
Amendment 20 #
2014/2239(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Recognises that Member States in accordance with the principle of subsidiarity have the right to choose different schemes for water delivery; declares that water should not be a source of illegitimate profit for neither public nor private operators, calls for increased transparency and information in water management and water pricing schemes within the Member States,
Amendment 21 #
2014/2239(INI)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Notes that Member States should pay special attention to the needs of vulnerable groups of the society and to ensure affordability and accessibility of quality water to those in need as well,
Amendment 27 #
2014/2239(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that every year itssince 1988 the Committee on Petitions of the European Parliament has been receivesing a significant number of petitions from EU citizens expressing their concerns about water quality and quantity and waste- water management; Draws attention to the number of negative factors - like waste landfills; failure by authorities to control water quality; irregular or unlawful agricultural and industrial practices - denounced by petitioners which impact on the environment and human health and are responsible for poor water quality, considers that these petitions demonstrate a genuine interest on the part of citizens in thorough enforcement and further development of water-related EU legislation;
Amendment 37 #
2014/2239(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission, the Member States and regional and local authorities to stimulate a more structured and intersectoral dialogue between stakeholders bringing together public and private service operators, to allow citizens to engage more actively on issues related to water,
Amendment 39 #
2014/2239(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to draw up binding legislation to ensure that all information on water quality and water management is made available by the competent authorities to the citizens concerned in an easily accessible and understandable form, and that citizens are fully informed in good time about any water-management projects so that they can be consulted and get involved;
Amendment 40 #
2014/2239(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it regrettable that the communication lacks any real ambition and limits itself to reiterating existing commitments; Insists that the response given by the EC to the Right2Water ECI is insufficient; asks the European Commission with regard this particular ECI to lead a serious information campaign on the measures that have already been taken in the field of water and how these measures could contribute to the achievements of the objectives of the Right2Water ECI;
Amendment 43 #
2014/2239(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls the Commission to develop the idea of benchmarking water quality as a way of empowering citizens;
Amendment 45 #
2014/2239(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to complete their River Basin Management Plans as a matter of urgency and to implement them properly with full respect for the overriding ecological criteria; draws attention to the fact that certain Member States are increasingly confronted with damaging floods and their severe impact on the local population; points out that the River Basin Management Plans under the Water Framework Directive and the Flood Risk Management Plans under the Floods Directive are a great opportunity to exploit synergies between the instruments that help achieve clean water in sufficient quantities while reducing flood risk;
Amendment 51 #
2014/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission, in line with the primary objective of the Right2Water ECI, to coming forward with legislative proposals – including a possible revision of the WFD and of the Drinking Water Directive, as it has already announced – that would recognise universal access and the human right to water, and considers it regrettable that this has not been done to date; believes that if the Commission fails to do so, the ECIU as such will lose credibility as a democratic mechanism in the eyes of citizens; in the eyes of citizens, due to the fact that successful and widely supported ECIs through the supposingly democratic mechanism established by the Lisbon Treaty are neglected by the Commission;
Amendment 127 #
2014/2239(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reminds the Member States on their responsibility in implementing EU law; urges them to fully implement the EU Drinking Water Directive and all related legislation;
Amendment 129 #
2014/2239(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recalls that water is a basic human right that should be accessible and affordable to all; highlights that Member States have a duty to ensure that water should be guaranteed to all via considering the most suitable public or private operators who deliver quality water to the public while making sure that the operators provide safe drinking water and improved sanitation;
Amendment 154 #
2014/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the success of some public- public partnerships in exchanging best practice in water provision, calls on the Commission, therefore, to promote this form of non- profit cooperation among water operators, and welcomes the Commission’s recognition for the first time, in the communication, of the importance of public-public partnerships;
Amendment 160 #
2014/2239(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recognises that Member States in accordance with the principle of subsidiarity have the right to choose different schemes for water delivery; declares that water should not be a source of illegitimate profit for neither public nor private operators, calls for increased transparency and information in water management and water pricing schemes within the Member States;
Amendment 175 #
2014/2239(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that Member States should pay special attention to the needs of vulnerable groups of the society and to ensure affordability and accessibility of quality water to those in need as well;
Amendment 184 #
2014/2239(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages water companies to reinvest all economic revenues generated from the water management cycle into maintaining and improving water services and protecting water resources;
Amendment 13 #
2014/2228(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. Whereas the USA has already concluded several other trade and investment partnership agreements with other global actors of the World, and whereas key involvement in formulating global standards should be top priority for the EU, where timely action would be most important,
Amendment 25 #
2014/2228(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. Whereas the USA has already concluded several other trade and investment partnership agreements with other global actors of the World, and whereas key involvement in formulating global standards should be top priority for the EU, where timely action would be most important
Amendment 31 #
2014/2228(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that transparency and open dialogue between the partners, including citizens are of utmost importance during the negotiations and the implementation phase as well
Amendment 33 #
2014/2228(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that consumer rights and human rights cannot become bargaining chips to be traded off, weakened or amended in exchange for other trade- related issues.
Amendment 92 #
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 existingNotes the fact that the Commission tries to inform the public about how concerns surrounding the TTIP are being dealt with, as existing and proven European standards willshould not be lowered, as this dis; urges, with regards to 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)uture, that existing (framework) legislation be implemented and new legislation adopted in accordance with proven EU standards;
Amendment 117 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concernedHighlights that the TTIP negotiations have already affected Commission proposals and actions relating, for example, to food safety and climate protection (e.g. pathogen meat treatments; implementation of the fuel quality directive); and emphasises that coherence and ambitious objectives should not be given up;
Amendment 132 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is very concernedSupports the idea that the objective of regulatory convergence, including in particular the creation of a Regulatory Cooperation Council, will lead to a lowering of futurecontribute to the maintenance of proven EU standards in key areas for the protection of human health, food safety and the environment, in lightspite of the significant differences as compared with the US;
Amendment 164 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Agrees with Commissioner Malmström that all areas where the EU and the US have very different rules or approaches should be excluded from the negotiations 12; where there is no hope for the parties’ to arrive at a mutually acceptable and advantageous consensus; __________________ 12See speech by EU Trade Commissioner Cecilia Malmström of 11 December 2014.
Amendment 258 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is opposed toWishes to arrange for the inclusion of the ISDS in the TTIP, as ISDS risks fundamentallyTTIP in a form that does not undermininge the sovereign rights of the EU, its Member States and regional and local authorities to adopt regulations on public health, food safety and the environment; but at the same time guarantees legal certainty, predictability and consistency in order to avoid protectionist ad hoc amendments to legislation and the introduction of administrative obstacles, and subjects legislative amendments to the availability of predictable, preliminary technical/professional impact assessments and strategic documents;
Amendment 283 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is deeply concerned about the lack ofEncourages improving transparency in the course of negotiations, and urges the Commission to give all Members of the European Parliament access to the negotiation texts, in particular the consolidated ones.
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 53 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman’s recommendations's 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 57 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. SupportNotes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;
Amendment 59 #
2014/2215(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that an individual non- anonymous complaint should require, as a formal prerequisite, that the person who intends to issue the complaint is registered in the EURODAC system according to Regulation (EU) No 603/2013.
Amendment 63 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, Frontex is in need of might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 81 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; rRecalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 102 #
2014/2215(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem, especially the most vulnerable people, such as minors and pregnant women, and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement;
Amendment 106 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaintsncrete and founded complaints which are based on a direct violation of concrete of the fundamental rights violationas protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 113 #
2014/2215(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the identity of most complainants will be difficult to check upon and even to verify it as high percentage of people arrive to the EU with no documents, Urges to develop a system of verifying the identity of complainants while at the same time ensuring the protection of their personal data, that could be shared with any authorities only in cases of safeguard against and prevent threats on public security, public safety, public order and public health.
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 139 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer should, in close cooperation with the relevant Frontex operational team, contribute to investigations by national authorities by providing further information on the incident if necessaryfound to be necessary by the responsible Member State;
Amendment 140 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational teamdivision, contribute to investigations by national authorities by providing further information on the incident if necessary;
Amendment 142 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 145 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justificationFrontex should be provided to the complainant should no follow-up procedure be initiated by Frontexwith the contact details of the responsible national authority;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 55 #
2014/2153(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that action will only follow if measures are put forward together with the Member States; calls on the Commission to propose concrete steps and action plans, including legislation, for both the short and the long term; underlines the importance of both research and of local pilot projects in Member States, which contribute to energy security by improving the resilience of local systems; and guarantees the Member States the most effective sustainable energy mix possible;
Amendment 77 #
2014/2153(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to adopt measures to increase energy efficiency as a priority, thus also tackling the problem of low competitiveness resulting from high energy prices; also guarantees energy prices which are achievable and affordable in the long term for everyone; underlines the importance of fully implementing the measures provided for in existing legislation, namely the Energy Efficiency Directive and the Energy Performance of Buildings Directive;
Amendment 138 #
2014/2153(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Reiterates the need to take immediate action in transport in terms of both efficiency improvements and alternative fuels; considers that in the area of housing, deep renovation for energy efficiency should be a priority and therefore urges the Member States to include as many measures aimed at achieving this as possible in their operational programmes.
Amendment 12 #
2014/2150(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Agrees in principle with the aim of cutting red tape and removing unnecessary regulatory burdens, provided that this is done in such a way that, while a high standard of protection of health and the environment is achieved, the competitiveness of European industry is preserved; expresses, however, its concern about potential deregulation, in particular in the fields of the environment, food safety and health, under the guise of ‘cutting red tape’;
Amendment 48 #
2014/2150(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that improving environmental protection creates opportunities for businesses, especially in the context of the transition towards a green economy, while particularly stressing support for SMEs;
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.