Activities of Josep-Maria TERRICABRAS related to 2017/0220(COD)
Plenary speeches (1)
European citizens’ initiative (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European citizens’ initiative PDF (1 MB) DOC (172 KB)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European citizens’ initiative
Amendments (108)
Amendment 12 #
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the judgement of the General Court of the European Union in Case T-754/14 Michael Efler and Others v Commission,
Amendment 13 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen of the Union has the right to participate in the democratic life of the Union. The European citizens’ initiative is a Union instrument of participatory democracy which affords citizens of the Union the possibility of directly approaching the Commission with a request inviting it to submit a proposal for a new legal act or the abrogation or revision of any existing or envisaged legal act of the Union for the purpose of implementing or revising the Treaties, similar tobeyond the right conferred on the European Parliament under Article 225 of the Treaty on the Functioning of the European Union (TFEU) and on the Council under Article 241 TFEU.
Amendment 19 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims to make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and supporters, in order to achieve the full potential of the European citizens’ initiative as a tool to foster debate and citizen participation at Union level, and to brito streng the Union closer ton its democratic dimension and to close the gap between the Union and its citizens.
Amendment 28 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is appropriate to set a minimum age for organising or supporting an initiative. To achieve the full potential of the European citizens’ initiative as an instrument of participatory democracy and to foster citizen participation at Union level and civic engagement in general, especially among young European citizens, that age should be set at 16 years.
Amendment 29 #
Proposal for a regulation
Recital 8
Recital 8
(8) In accordance with Article 11(4) of the TEU an initiative inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required to implement the Treaties, is to be taken byrequires not less than one million citizens of the Union who are nationals of a significant number of Member States. to be considered successful;
Amendment 31 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen of the Union has the right to participate in the democratic life of the Union. The European citizens’ initiative is a Union instrument of participatory democracy which affords citizens of the Union the possibility of directly approaching the Commission with a request inviting it to submit a proposal for a new legal act or for the abrogation or the amendment of any existing legal act of the Union for the purpose of implementing the Treaties, including with the view to their amendment, similar to the right conferred on the European Parliament under Article 225 of the Treaty on the Functioning of the European Union (TFEU) and on the Council under Article 241 TFEU.
Amendment 36 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure that an initiative is representative and to ensure similar conditions for citizens to support an initiative, it is also appropriate to establish the minimum number of signatories coming from each of those Member States. Those minimum numbers of signatories required in each Member State should be degressively proportional and correspond to the number of Members of the European Parliament elected in each Member State, multiplied by 750the total number of Members of the European Parliament at the time of registration of the initiative.
Amendment 41 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims to make the European citizens’ initiative more accessible, less burdensome and, easier to use for organisers and supporters, and strengthen its follow-up in order to achieve the full potential of the European citizens’ initiative as a tool to foster debate and citizen participation at Union level, and to bring the Union closer to its citizens.
Amendment 42 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) In order to raise awareness and foster the debate concerning on-going initiatives as national level, where signatures are collected, it is important to involve both national and regional parliaments from an early stage and that the offices of the representations of the Commission and the European Parliament in the Member States put their facilities at the service of citizens' initiatives. At the Union level, the neutral role of the European Economic and Social Committee makes it suitable to play a role of facilitator and institutional mentor during the on-going citizens' initiatives.
Amendment 44 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to ensure an inclusive participation, Union citizens should have the possibility to use languages other than the official languages of the Institutions of the Union that are authorised by a Member State in accordance with the applicable national law.
Amendment 46 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the Treaties and this Regulation, initiatives that comply with the conditions laid down in this Regulation should be registered by the Commission before collecting statements of support from citizens. The Commission should deal witho prevent any conflict of interest in the exercise of its multiple duties concerning citizens' initiative, the Commission should establish an independent body to deal with this merely legal examination. Officers will be appointed for this exclusive purpose will deal with the registration in accordance with the general principles of good administration, under the EU Ombudsman's scrutiny.
Amendment 49 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure that an initiative is representative and to ensure similar conditions for citizens to support an initiative, it is also appropriate to establish the minimum number of signatories coming from each of those Member States. Those minimum numbers of signatories required in each Member State should be degressively proportional and correspond to the number of Members of the European Parliament elected in each Member State, multiplied by 750the total number of the Members of the European Parliament.
Amendment 53 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to make the European citizens’ initiative more accessible, and taking into account that the procedures and conditions required for the European citizens’ initiative should be clear, simple, user-friendly and proportionate, it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this Regulation. Initiatives should be partially registered where a substantial part of the initiative, including its main objectives, does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementingaccording to the Treaties and all the other registration requirements are met. Clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative.
Amendment 54 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to make the European citizens’ initiative more accessible and to provide support to citizens and organisers, the Commission should provide information and assistance to organisers and, together with the relevant stakeholders, make available an open- source online collaborative platform to provide a dedicated discussion forum and information and advice about the European citizens’ initiative. To ensure proximity to citizens, Member States should establish one or more contact points in their respective territories to provide citizens with information and assistance regarding the European citizens’ initiative.
Amendment 56 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) Multilingualism is an essential policy of the Union, and it becomes even more crucial when related to the European citizens' initiative, which aims to reach the broadest possible range of support throughout the whole Union territory for issues of pan-European relevance. Cost-free translation of the initiative is to be granted to the group of organisers in all the EU official languages, not only including the text of the initiative itself, but also other texts of reasonable length associated to it, such as explanatory statements or annexes including concrete legislative proposals. In the same logic, it is important that translations into other languages used in Member States other than EU official languages are also included in the register, in order to maximise the participatory dimension of initiatives.
Amendment 57 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Commission should create a committee of independent experts that should decide on the admissibility of an initiative.
Amendment 59 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to make the European citizens’ initiative more accessible, and taking into account that the procedures and conditions required for the European citizens’ initiative should be clear, simple, user-friendly and proportionate, it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this Regulation. Initiatives should be partially registered where a substantial part of the initiative, including its main objectives, does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a new legal act or the abrogation or amendment of any existing legal act of the Union for the purpose of implementing the Treaties, including with the view to their amendment, and all the other registration requirements are met. Clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative.
Amendment 59 #
Proposal for a regulation
Recital 17
Recital 17
(17) Statements of support for an initiative should be collected within a specific time limit. In order to ensure that an initiative remains relevant, whilst taking into account the complexity of collecting statements of support across the Union, that time limit should not be longer than 128 months from the date of the start of the collection period determined by the group of organisers.
Amendment 65 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and citizens, the Commission should set-up and operate an open-source central system for the online collection of statements of support. That system should be made available free of charge to groups of organisers and should comprise the necessary technical features allowing online collection including the hosting and software as well as accessibility features ensuring that citizens with disabilities can provide support to the initiatives. That system should be set-up and maintained in accordance with Commission Decision (EU, Euratom) 2017/4626 . _________________ 26 Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission (OJ L 6, 11.1.2017, p. 40–51).
Amendment 66 #
Proposal for a regulation
Recital 20
Recital 20
(20) A group of organisers should have the possibility to set-up its own online collection systems for the collection of statements of support across the Union and to decide whether they wish to use the servers made available by the Commission for that purpose or, if they use their own servers, in which Member State the data collected for the initiative should be stored. The group of organisers should use a single individual online collection system for each initiative. Individual online collection systems set up and operated by a group of organisers should have adequate technical and security features in order to ensure that the data are securely collected, stored and transferred throughout the procedure. For that purpose, the Commission should set out detailed technical specifications for the individual online collection systems, in cooperation with the Member States. The Commission may seek advice of the European Union Agency for Network and Information Security (ENISA) which assists the Union institutions in developing and implementing policies related to security of network and information systems.
Amendment 67 #
Proposal for a regulation
Recital 22
Recital 22
(22) Where an initiative has received the necessary statements of support from signatories, each Member State should be responsible for the verification and certification of statements of support signed by its nationals or residents therein, in order to assess whether the required minimum numbers of signatories having the right to support a European citizens' initiative have been reached. Taking account of the need to limit the administrative burden for Member States, such verifications should be carried out on the basis of appropriate checks, which may be based on random sampling. Member States should issue a document certifying the number of valid statements of support received.
Amendment 69 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to promote participation and public debate on the issues raised by the initiatives, where an initiative supported by the required number of signatories and fulfilling the other requirements of this Regulation is submitted to the Commission, the group of organisers should have the right to present that initiative at a public hearing at Union level. The public hearing should be co- organised by the Commission and the European Parliament in its premises within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the Commission. Other institutions and advisory bodies of the Union, as well as interested stakeholders should have the opportunity to participate in the hearing.nd in particular the European Economic and Social Committee, should have the opportunity to participate in the hearing. Interested stakeholders should also be able to attend. The main aim of the hearing, being the sole opportunity for the group of organisers to present their initiative in detail publicly to a broad audience including the main Union institutional actors, is for the group of organisers to provide detailed explanations on the purpose of their initiative and their concrete expectations in terms of legislative outcome;
Amendment 70 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to promote participation and public debate on the issues raised by the initiatives, where an initiative supported by the required number of signatories and fulfilling the other requirements of this Regulation is submitted to the Commission, the group of organisers should have the right to present that initiative at a public hearing at Union level. The public hearing should be co- organised by the Commission andCommission and the European Parliament should ensure that the public hearing is organised at the European Parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the Commission. Other institutions and advisory bodies of the Union as well as interested stakeholdernd, where relevant, representatives of national and regional parliaments should have the opportunity to participate in the hearing.
Amendment 74 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to assess the political support of an initiative, the European Parliament, which is the body that represents the citizens of the Union, should hold a debate on the submitted initiative during the plenary session following the public hearing. The debate should be concluded by the adoption of a motion for resolution including a European Parliament recommendation to the Commission on the actions needed as a follow-up to the citizens’ initiative.
Amendment 80 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Where the conclusions of the Commission and the recommendation of the European Parliament differ, the European Parliament should be able to exercise the right conferred on the European Parliament under Article 225 of the Treaty on the Functioning of the European Union (TFEU).
Amendment 81 #
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure the effective participation of citizens in the democratic life of the Union, the Commission should examine a valid initiative and respond to it. The Commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative. It is presumed that the Commission will follow up with a concrete legislative proposal within twelve months of its communication. The Commission should explain in a clear, comprehensible and detailed manner the reasons for its intended action, and should likewise give its reasons if exceptionally it does not intend to take any action.
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the procedures and conditions required for an initiative inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens of the Union consider that a new legal act or the abrogation or amendment of any existing legal act of the Union is required for the purpose of implementing the Treaties, including with the view to their amendment, (the ‘European citizens’ initiative’ or ‘initiative’).
Amendment 86 #
Proposal for a regulation
Recital 25
Recital 25
(25) The support and funding for initiatives should be transparent. Therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the Commission. Entities, notably organisations which under the Treaties contribute to forming European political awareness and expressing the will of citizens of the Union, should be able to promote and provide support and funding to initiatives, provided that they do so in accordance with the procedures and conditions laid down by this Regulation and with full transparency. To ensure as much as possible a level playing field, allocation of Union's funding to cover expenses related to kicking-off viable initiatives should be foreseen.
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) in at least one quarter of the Member States, the number of signatories is at least equal to the minimum number set out in Annex I, corresponding to the number of the Members of the European Parliament elected in each Member State, multiplied by 750the total number of Members of the European Parliament, at the time of registration of the initiative.
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
A citizens' initiative may concern a proposal for a new legal act by the Commission, or the abrogation or revision of any existing or envisaged legal act of the Union for the purpose of implementing or revising the Treaties;
Amendment 98 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The Commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and informa, together with the relevant stakeholders, shall create an open-source online collaborative platform to support the exchange of information and best practices between stakeholders, including groups of organisers, independent experts, NGOs and other institutions and advice about the European citizens’ initiativebodies of the Union.
Amendment 98 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Scope 1. A citizens' initiative may concern a proposal for a new legal act by the Commission, or the abrogation or revision of any existing or envisaged legal act of the Union for the purpose of implementing or revising the Treaties;
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Citizens residing in Member States other than those of their nationality shall have the right to support an initiative either in their country of residence or in their country of origin.
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Member States and the Commission shall adopt all the necessary provisions to facilitate the exercise, by persons with disabilities, of their right to support a citizens' initiative.
Amendment 102 #
4a. A group of organisers may, in addition, provide translations of the information referred to in Annex II, as well as of the Annex and the draft legal act referred to in Annex II, into languages other than the official languages of the Institutions of the Union that have been authorized by a Member State in accordance with applicable national law.
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) in at least one quarter of the Member States, the number of signatories is at least equal to the minimum number set out in Annex I, corresponding to the number of the Members of the European Parliament elected in each Member State, multiplied by 750the total number of Members of the European Parliament, at the time of registration of the initiative. (Update Annex I accordingly)
Amendment 105 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For the purpose of paragraph 1 a signatory shall decide whether to be counted in its Member State of nationality or residence.
Amendment 107 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Information and assistance by the Commission, other Union institutions and by Member States
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. Throughout the organisational phase preceding the registration of a proposed citizens’ initiative, the organisers may ask Europe Direct and the Commission European Citizens’ Initiative (“ECI”) services for assistance. Those services shall provide full legal and practical assistance and guidance free of charge.
Amendment 110 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a ECI Committee 1. The Commission shall create a committee of independent experts (the ‘ECI Committee’) in order to assess the admissibility of a submitted initiative in accordance with Articles 5 b and 6. 2. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the establishment and the functioning of the ECI Committee before 1 July 2019.
Amendment 111 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Amendment 113 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 – point a
Article 6 – paragraph 2 – subparagraph 2 – point a
(a) without prejudice to Article 4 (4a), transmit the information referred to in Annex II in one of the official languages of the Union;
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The Commission shall make available an online, open-source, collaborative platform providing citizens, groups of organisers another relevant stakeholders with a discussion forum and information and advice about the European citizens’ initiative, as well as an exchange of best practices. Use of this platform shall be made available free of charge to all organisers.
Amendment 115 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The Commission shall refer to the ECI Committee the information referred to in Annex II. Without prejudice to paragraph 4, the ECI Committee shall decide on the admissibility of the initiative in accordance with Article 5b within one month of the receipt of the information.
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. After the Commission has registered an initiative in accordance with Article 6, it shall provide the free translation of the content of that initiative into all the official languages of the Union for its publication in the register and its use for the collection of statements of support in accordance with this Regulation. A group of organisers may, in addition, provide translations into all the official languages of the Unionof the proposed citizens’ initiative in other languages authorised by the Member States in accordance with applicable national law as well as translations of the Annex for its publication in the register and also, as the case may be, of thean explanatory statement into all the official languages of the Union, for the publication of both in the register. If a draft legal act, as referred to in Annex II and, is submitted in accordance with Article 6(2), it may also be included in the register. If an Annex or an explanatory statement has less than 5 000 characters (adjusted mean per language), the group of organisers may also request the Commission to translate the Annex free of charge into all official languages of the Union.
Amendment 118 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point c
Article 6 – paragraph 3 – subparagraph 1 – point c
(c) none of the parts of the initiative manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties;the ECI Committee declares the initiative admissible.
Amendment 120 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point d
Article 6 – paragraph 3 – subparagraph 1 – point d
Amendment 120 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. The European Economic and Social Committee shall be entitled to offer institutional mentoring and facilitation to the group of organisers, as it sees more appropriate to raise awareness of initiatives, while respecting its remit and preserving a neutral role. It shall be entitled to organise one or more hearings in its premises, since the registration of an initiative and through the signature collection phase, inviting the group of organisers to present their initiatives.Relevant independent experts may be also invited. It shall be entitled to also contribute to the promotion of the citizens' initiative in general as a tool to foster democratic participation within the Union.
Amendment 121 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Each Member State shall establish one or more contact points to provide information and, as well as specific technical and legal advice and other assistance to groups of organisers in setting up a European citizens’ initiative. Such one- stop-shops shall be present at least in the different Commission representation offices in all Member States;
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point e
Article 6 – paragraph 3 – subparagraph 1 – point e
Amendment 126 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
If one or more of the requirements set out in points (a) to (ec) are not met, the Commission shall refuse to register the initiative, without prejudice to paragraphs 4 and 5.
Amendment 129 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Where it considers that the requirements laid down in paragraph 3 (a), (b), (d) and (eb) are met but that the requirement laid down in paragraph 3(c) is not mete ECI Committee considers the initiative partially admissible, the Commission shall, within one month of the submission of the request, inform the group of organisers of itsthe assessment and of the reasons thereofECI Committee.
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The members of the group of organisers shall be citizens of the Union, of the age to be entitled to vote in elections to the European Parliamentaged 16 or over and residents of at least seven different Member States.
Amendment 130 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
In that case, the group of organisers may either amend the initiative to take into account the ECI Commissionttee’s assessment to ensure that the initiative is in conformity with the requirement laid down in paragraph 3(c)oint (c) of paragraph 1 of Article 5b or maintain or withdraw the initial initiative. The group of organisers shall inform the Commission of its choice within one month of the receipt of the ECI Commissionttee’s assessment giving the reasons thereof, and shall, as the case may be, transmit amendments to the information referred to in Annex II to replace the initial initiative.
Amendment 132 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 3 – introductory part
Article 6 – paragraph 4 – subparagraph 3 – introductory part
Where the Commission receives the information from the organisers it shall refer the information to the ECI Committee which will decide on the admissibility of the amended initiative within 15 working days. The Commission shall:
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. The group of organisers may be registered as a legal entity, namely an organisation with legal personality in one of the Member States in accordance with national law.
Amendment 134 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 3 – point a
Article 6 – paragraph 4 – subparagraph 3 – point a
(a) register the initiative, if it meets the requirement laid down in paragraph 3(c)the ECI Committee declares the initiative admissible;
Amendment 136 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 3 – point b
Article 6 – paragraph 4 – subparagraph 3 – point b
(b) partially register the initiative if a substantial part of the initiative, including its main objectives, does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treatiesthe ECI Committee declares the initiative partially admissible;
Amendment 136 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Without prejudice to the liability of the representative of the group of organisers as data controller under Article 82(2) of Regulation (EU) 2016/679, the members of a group of organisers or, if applicable the legal entity created by them, shall be jointly and severally liable, in accordance with applicable national law, for any damage caused in the organisation of an initiative by unlawful acts committed intentionally or with serious negligence.
Amendment 141 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Where it refuses to register or only partially registers an initiative in accordance with paragraph 4, the Commission shall inform the group of organisers of the reasons for its decisionthe ECI Committee’s decision on the admissibility and of all possible judicial and extrajudicial remedies available to them.
Amendment 142 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The Commission shall create an independent body for the specific purpose to assess the admissibility of submitted citizens' initiative, exclusively on the basis of the criteria set out in paragraph 3. This independent body shall refrain from political considerations and shall merely perform a legal compliance check. Its administrative procedure shall be ultimately subject to the scrutiny of the Union Ombudsman.
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part
Article 6 – paragraph 3 – subparagraph 1 – introductory part
The Commission shall register the initiative if according to the independent assessment body referred to in paragraph 2a:
Amendment 145 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point c
Article 6 – paragraph 3 – subparagraph 1 – point c
(c) none of the parts of the initiative does not manifestly falls outside the framework of the Commission’s powers to submit a proposal for a new legal act or the abrogation or revision of any existing legal act of the Union for the purpose of implementing or revising the Treaties;
Amendment 150 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
The Member States may, in addition, authorise the use of additional languages other than official languages of the Institutions of the Union in accordance with applicable national law.
Amendment 151 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 a (new)
Article 9 – paragraph 4 – subparagraph 1 a (new)
Member States shall inform the Commission as to whether they wish to use additional languages other than the official languages of the Institutions of the Union before 1 July 2019 and shall provide the translation of Annex III into those languages.
Amendment 152 #
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 1
Article 9 – paragraph 7 – subparagraph 1
Amendment 152 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
In that case, the group of organisers may either amend the initiative to take into account the Commission's assessment to ensure that the initiative is in conformity with the requirement laid down in paragraph 3(c) or maintain or withdraw the initial initiative. The group of organisers shall inform the Commission of its choice within onetwo months of the receipt of the Commission's assessment giving the reasons thereof, and shall, as the case may be, transmit amendments to the information referred to in Annex II to replace the initial initiative.
Amendment 153 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
For the purpose of online collection of statements of support, the Commission shall set-up and operate, by 1 January 2020, an open-source central online collection system, in accordance with Commission Decision (EU, Euratom) 2017/46 of 10 January 2017.
Amendment 154 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The data collected through the individual online collection system may be stored in the servers made available by the Commission for that purpose and in any case shall be stored in the territory of a Member State.
Amendment 155 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Within one month of the registration of an initiative, and at the latest 10 working days before the start of the collection period, the group of organisers shall inform the Commission as to whether it wishes to use the servers of the Commission.
Amendment 161 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Where it refuses to register or only partially registers an initiative in accordance with paragraph 4, the Commission shall inform the group of organisers of the reasons for its decision asetting out full details concerning the grounds of the refusal, taking into account any Annexes submitted and expressly referring to the legal bases used, and make those publically available with due regard of Article 296(2) TFEU and Article 41 of the Union Charter of Fundamental Rights, providing also all possible judicial and extrajudicial remedies available to them.
Amendment 166 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
The Commission and the European Parliament shall co-organiseensure that the public hearing is organised at the European Parliament. Representatives of the other institutions and advisory bodies of the Union, as well as interested stakeholders,nd, where relevant, representatives of national and regional parliaments shall be given the opportunity to participate in the hearing.
Amendment 169 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
All statements of support shall be collected within a period not exceeding 128 months from a date chosen by the group of organisers (the 'collection period'), without prejudice to Article 11(6). That date must be not later than threnine months from the registration of the initiative in accordance with Article 6.
Amendment 170 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
Amendment 173 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Where the group of organisers wishes to terminate the collection of statements of support before the end of 128 months after the beginning of the collection period, it shall inform the Commission of the date at which the collection period is to end. (This amendment applies throughout the whole text.)
Amendment 174 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. The group of organisers, or, if applicable, the legal entity created by them in accordance with Article 5(2a) and (7) of this Regulation, shall be responsible for the collection of the statements of support from signatories for a proposed citizens’ initiative which has been registered in accordance with Article 6.
Amendment 175 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 a (new)
The Commission and the competent authorities of Member States shall adopt all the necessary provisions so that Union citizens residing in a Member State other than that of their nationality shall have the possibility to choose whether their support to an initiative is counted either in their country of residence or in their country of origin. Competent authorities from the different Member States shall coordinate to ensure a proper allocation of the statements of support in their respective accounts.
Amendment 177 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Examination by the European Parliament The European Parliament shall hold a debate on the submitted initiative during the plenary session following the public hearing referred to in Article 14. The debate shall be concluded by the adoption of a motion for resolution including a European Parliament’s recommendation to the Commission on the actions needed as a follow-up to the citizens’ initiative.
Amendment 178 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
The central online collection system shall be open-source and shall be accessible for persons with disabilities.
Amendment 179 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. The group of organisers using other certified online collection systems shall still have the possibility to use the servers operated by the Commission free of charge. Where statements of support are collected online, the data obtained through the online collection system shall be stored in the territory of the European Union.
Amendment 181 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Within five months after the publication of the initiative in accordance with Article 14(1), and after the public hearingEuropean Parliament resolution referred to in Article 14(2) b, the Commission shall set out in a communication its legal and political conclusions on the initiative, the action it intends to take, if any, and its reasons for taking or not taking action exhaustively and in full detail.
Amendment 184 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. TWhen the contact information of the signatories is available in accordance with Articles 17 (2) and (3), the Commission and the group of organisers mayshall inform the signatories on the response to the initiative in accordance with Article 17 (2) and (3).
Amendment 185 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. When the Commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with Articles 8 to 12, it shall publish without delay a notice to that effect in the register and transmit the initiative to the European Parliament, the Council, the European Economic and Social Committee and, the Committee of the Regions, as well as to national parliaments.
Amendment 187 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 191 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
The Commission and the European Parliament shall co-organizse the public hearing at the European Parliament. Representatives of the other institutions and advisory bodies of the Union, as well as interested stakeholdersnd in particular the European Economic and Social Committee, shall be given the opportunity to participate in the hearing. The attendance of other interested stakeholders shall be subject to the consent of the group of organisers. The public hearing shall be web-streamed and publically available thereafter.
Amendment 192 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The Commission shall periodically review the functioning of the European citizens’ initiative and present a report to the European Parliament and the Council on the application of this Regulation no later than fivthree years from the date of application of this Regulation, and every fivthree years thereafter. The reports shall be made public.
Amendment 195 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 a (new)
Article 14 – paragraph 2 – subparagraph 2 a (new)
The hearing shall pursue the public interest. The exclusive objective of the hearing is to inform exhaustively about the content and aims of a initiative.
Amendment 196 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 b (new)
Article 14 – paragraph 2 – subparagraph 2 b (new)
The main aim of the hearing shall be to provide, in the public interest, the group of organisers with a forum to present the content of their initiative. The focus of the initiative shall be to provide detailed exposition of its purpose and to suggest concrete legislative goals.
Amendment 197 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
Amendment 202 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission shall be represented in the hearing at an appropriate level. The presence of at least one member of the College of Commissioners shall be assured at the hearings.
Amendment 206 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The European Parliament shall hold a debate on those citizens’ initiatives that successfully meet all of the criteria laid down in this Regulation during the plenary session following the public hearing referred to in Article 14, and no later than one month thereafter. The debate shall be concluded by the adoption of a motion for resolution with European Parliament’s recommendation to the Commission on the actions needed as a follow up to the citizens’ initiative.
Amendment 208 #
Proposal for a regulation
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
3 b. A second hearing may be organised by the Parliament, for instance at the request of the group of organisers including their participation, subsequently to the communication by the Commission, in order to contribute to the assessment of its reply and any concrete legislative proposal contained therein.
Amendment 209 #
Proposal for a regulation
Article 14 – paragraph 3 c (new)
Article 14 – paragraph 3 c (new)
3 c. National and regional parliaments may also organise hearings on the citizens' initiatives, inviting where appropriate the organisers, with particular emphasis on Member States where a successful initiative has reached the minimum threshold of signatures.
Amendment 210 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Involvement of the Parliament after the submission of an initiative 1. Upon notification by the Commission that a valid and certified initiative has been received in accordance with Articles 8 to 12, the European Parliament shall organise the public hearing referred to in Article 14 on its premises as early as possible, and in any event no later than three months after the submission of the initiative. The European Parliament shall adopt the necessary provisions to ensure consistency in the organisation of hearings of the different citizen's initiatives over time. 2. The European Parliament shall hold a debate on those citizens’ initiatives that successfully meet all of the criteria laid down in this Regulation during the plenary session following the public hearing referred to in Article 14. The debate shall be concluded by the adoption of a motion for resolution with European Parliament’s recommendation to the Commission on the actions needed as a follow up to the citizens’ initiative. 3. After the communication by the Commission is published, the Parliament may organise a new public hearing in presence of the organisers of the citizens' initiative, as well as independent experts. 4. Where the conclusions in the communication of the Commission referred to in Article 15(2) and the recommendation of the European Parliament referred to in paragraph 2 differ, the European Parliament may exercise the right conferred on the European Parliament under Article 225 TFEU. 5. Registered citizens' initiatives that at the end of the collection period do not reach the minimum amount of supports to be validated in accordance with Article 3 may be examined by the Parliament by other means, by analogy with petitions.
Amendment 218 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. In the case of a successful initiative, the Commission shall by default submit a legislative proposal to the European Parliament and to the Council within twelve months of the end of the period referred to in paragraph 2. If exceptionally the Commission is of the opinion that there are good reasons not to submit such a specific proposal, then it shall duly justify its decision on an exhaustive and fully detailed manner, thus allowing for its proper assessment by the European Parliament and other institutions, organisers and signatories, concerned stakeholders and public in general. For the purposes of this Article, special attention should be paid to Article 296(2) TFEU and Article 41 of the Union Charter of Fundamental Rights.
Amendment 219 #
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. No later than four months after the reception of the communication, the European Parliament shall assess the Commission's reply to the citizens' initiative in form of legislative action or absence thereof. The European Parliament may organise a second hearing in presence of the organisers of the initiative as well as independent experts, and it shall hold a plenary debate on this issue, according to its Rules of Procedure. Those debates shall be concluded by the adoption of a motion for resolution.
Amendment 220 #
Proposal for a regulation
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
2 c. Where the conclusions in the communication of the Commission referred to in Article 15(2) and the recommendation of the European Parliament differ, the European Parliament may exercise the right conferred on the European Parliament under Article 225 of the Treaty on the Functioning of the European Union.
Amendment 225 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Transparency and funding
Amendment 226 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The group of organisers shall provide, for the publication in the register, and as the case may be on their campaign website, information on the sources of support and funding for the initiative exceeding 5100 euros per sponsor.
Amendment 227 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
An annual appropriation in the Union's Budget shall be allocated to support the organisation of citizens' initiatives. An established group of organisers may apply for financial coverage of expenses related to legal advice and support prior to the submission or after the conclusion of the signature collection. The group of organisers of registered initiatives shall be entitled to a grant, aimed at covering expenses related to communication and logistical aspects of their signature collection campaign.
Amendment 229 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission, with the support of the European Parliament and other Union Institutions, as well as Member States, shall raise public awareness about the existence of the European citizens’ initiative through proactively carrying out communication activities and information campaigns, thereby using all public channels available, thereby maximising its added- value and contributing to promoting the active participation of citizens in the political life of the Union. The Commission may grant financial support to entities that contribute to the overall promotion of the citizens' initiative as a democratic participation instrument, provide free technical support and legal advice to the organisers.
Amendment 231 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. As an additional means of raising awareness on a registered ECI, the group of organisers of a registered initiative shall be entitled to present their initiative in a public hearing at the premises of the official representation of the Commission or the European Parliament in the Member States. This shall take place at no cost to the group of organisers, in the month of their choice between the date of the registration and the termination of collection of statements of support, and at least once in each Member State. The responsible services of the Commission and the European Parliament shall ensure that adequate official communication about the event takes place at the national level.
Amendment 233 #
Proposal for a regulation
Article 18 – paragraph –1 (new)
Article 18 – paragraph –1 (new)
-1. In processing personal data pursuant to this Regulation, the group of organisers of a citizens’ initiative or, if applicable, the legal entity created by them, and the competent authorities of the Member State shall comply with Regulation (EU) 2016/679 .
Amendment 234 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. The organisers or, if applicable, the legal entity created by them, shall ensure that personal data collected for a given citizen’s initiative are not used for any purpose other than their indicated support for that initiative.
Amendment 241 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The Commission shall periodically review the functioning of the European citizens' initiative and present a report to the European Parliament and the Council on the application of this Regulation no later than fivthree years from the date of application of this Regulation, and every fivthree years thereafter. The reports shall be made public.
Amendment 245 #
Proposal for a regulation
Annex II – point 2
Annex II – point 2
2. The content of the initiative on which the Commission is invited to act, in no more than 10 200 characters (adjusted mean per language);
Amendment 250 #
Proposal for a regulation
Annex III – part 1 – paragraph 3 – subparagraph 1 a (new)
Annex III – part 1 – paragraph 3 – subparagraph 1 a (new)
I want my statement of support to be counted in my the Member State I reside / I am national of ((Tick where appropriate.In case of choice by nationality, indicate the Member State))
Amendment 251 #
Proposal for a regulation
Annex III – part 2 – paragraph 3 – subparagraph 1 a (new)
Annex III – part 2 – paragraph 3 – subparagraph 1 a (new)
I want my statement of support to be counted in my the Member State I reside / I am national of ((Tick where appropriate.In case of choice by nationality, indicate the Member State))