1705 Amendments of Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 1 – introductory part

1. Recalls that while protection of minorities is a part of the Copenhagen criteria, both for the candidate countries and for the Member States, there is no guarantee that candidate states stick to the commitments undertaken under the Copenhagen criteria once they became Member States; recalls that there is no standard for minority rights in Union policy nor a common understanding of who can be considered a member of a minority; notes that there is no definition of minorities in the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, nor in the Framework Convention for the Protection of National Minorities (FCNM); recommends that, with respect to the principles of subsidiarity, proportionality and non-discrimination, such a definition should be based on the definition, laid down in Council of Europe Parliamentary Assembly Recommendation 1201(1993) for an additional protocol on the rights of minorities to the European Convention on Human Rights, of a ‘national minority’ as a group of persons in a state who

2018/06/22
Committee: LIBE

2018/2036(INI)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 1 – indent 1

~~– reside on the territory of that state,~~deleted

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 1 – indent 2

~~– maintain longstanding, firm and lasting ties with that sta~~delete,d

2018/06/22
Committee: LIBE

2018/2036(INI)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 1 – indent 3

~~– display distinctive ethnic, cultural, religious or linguistic characteristics,~~deleted

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 1 – indent 4

~~– are sufficiently representative, although smaller in number than the rest of the population of that state or of a region of that sta~~delete,d

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 1 – indent 5

~~– are motivated by a concern to preserve together that which constitutes their common identity, including their culture, their tradition, their religion or their language;~~deleted

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 9 a (new)

9a. 10. Calls on the Commission create a European framework and on Member States to draw up specific national plans to tackle xenophobic violence and hate speech against people belonging to minorities or perceived as such; calls for this form of violence to be included in other campaigns and legislation created to fight discrimination and hate crimes in their different forms;

2018/06/22
Committee: LIBE

2018/2036(INI)

Marina ALBIOL GUZMÁN, Martina ANDERSON, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 9 b (new)

9b. 11. Recalls that self-government is a democratic right of all peoples and therefore calls on full recognition of the right to self-determination;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
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; recalls the fundamental role of the public media in promoting these contents, particularly under democratic scrutiny of local or regional authorities;

2018/06/22
Committee: LIBE

2018/2036(INI)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Martina ANDERSON

Motion for a resolution
Paragraph 16 a (new)

16a. 17. Calls on the Commission and Member States to ensure by appropriate means that audiovisual media services do not contain any incitement to violence or hatred directed against people belonging to minorities;

2018/06/22
Committee: LIBE

2018/2036(INI)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Martina ANDERSON

Motion for a resolution
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 or lesser- used-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 minorities, in view of their regional specificities and needs;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 17 a (new)

17a. 18. Calls on the Member States and the Commission to support the establishment of public media in regional, minority or lesser-used languages, as well as promoting the inclusion of content in minority languages within public media;

2018/06/22
Committee: LIBE

2018/2036(INI)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Martina ANDERSON

Motion for a resolution
Paragraph 20

20. Calls on the Member States and the Commission to ensure that persons belonging to national minorities have rights and adequate opportunities to receive education in a minority language and for instruction in their mother tongue ~~in both public and private~~public educational institutions; calls on the Member States to formulate appropriate education policies, bearing in mind the right for education in a minority language and the needs of national minorities; calls on the Members States and the Commission to incorporate the best practices in teaching foreign languages into the methodology of teaching official languages when it comes to curricula for schools which provide education in a minority language; notes that the Member States should ensure that both the regional or minority language and the official language are taught using appropriate methods;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 23 a (new)

23a. Recalls the fundamental role of public education in guaranteeing equal opportunities to all, including people belonging to minorities; recalls that the privatization of education will particularly affect the most vulnerable parts of society, including people belonging to minorities;

2018/06/22
Committee: LIBE

2018/2036(INI)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Martina ANDERSON, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 23 b (new)

23b. Recalls that education in a minority language or belonging to any particular minority cannot be used as an excuse to segregate children based on ethnic, national, religious, or any other criteria;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 23 c (new)

23c. Calls on Member States to ensure that non-discrimination, as well as the history and rights of people belonging to minorities, are mainstreamed as contents of the national education system; recalls that the promoting the knowledge of minority languages by people who are not members of the minority is a way to foster mutual understanding and recognition;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 25 a (new)

25a. Calls on the European Parliament, the Council of the EU and the European Commission to recognise as official languages those included in the European Charter for Regional or Minority Languages which are spoken on EU territory, translating all official documents and information into these languages and making communication between the institutions and citizens available in these languages;

2018/06/22
Committee: LIBE

2018/0330(COD)

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out;~~Rejects the Commission proposal.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 1

(1) The objective of Union policy in the field of external border management is to develop and implement European Integrated Border Management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European Integrated Border Management is central to improving migration management. The aim is to manage the crossing of the external borders efficiently and address migratory challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension and ensuring a high level of internal security within the Union. At the same time, it is necessary to act in full respect for fundamental rights and in a manner that safeguards the free movement of persons within the Union.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 2

(2) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, was established by Council Regulation (EC) No 2007/200417 . Since taking up its responsibilities on 1 May 2005, it has been ~~successful in~~ assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, risk analysis, information exchange, relations with third countries and the return of returnees. _________________ 17 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 3

(3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy ~~as part of the multiannual strategic policy cycle for implementa~~, to oversee the effective functioning of ~~European integrated border management, to oversee the effective func~~the fight against cross-border crime as well as the facilitation~~ing~~ of ~~border control~~free movement at the external borders, to carry out risk analysis and vulnerability assessments in relation to the fight against cross-border crime, to provide increased technical and operational assistance to Member States ~~and third countries~~ through joint operations and rapid border interventions, to ensure the practical execution of measures in a situation requiring urgent action at the external borders, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea, to organise, coordinate and conduct return operations and return interventions and provide technical and operational assistance to return activities of third countries, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 4

(4) ~~Since the beginning of the migratory crisis in 2015, the Commission has taken up important initiatives to strengthen the protection of the Unio~~The Regulation on the European bBorders. A proposal for significantly enhancing the mandate of the European Agency for the Management of Operational Cooperation at the External Borders was presented in December 2015 and negotiated in a record time during 2016. The Regulation on the European Border and Coast Guard Agency has entered into forced on 6 October 2016 and Coast Guard Agency has entered into forced on 6 October 2016. This new recast has been presented without any impact assessment nor enough time to properly implement the new Regulation.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 5

(5) However, the Union’s framework in the area of ~~control of external borders, returns and asylum.~~legal migration and access to international protection still needs to be further improved~~. T~~ so that ~~end and to fur~~people do not risk their ~~underp~~lives attempting t~~he current and future envisaged operational efforts~~o reach the EU. To that end, the European Border and Coast Guard should be reformed by giving the European Border and Coast Guard Agency a stronger mandate and, in particular, by providing it with the necessary capabilities in the form of a European Border and Coast Guard standing corps of 10 000 operational staff with executive powers to effectively support Member States on the ground in their efforts to protect the external borders, fight secondary movements and significantly step up the effective return of irregular migrantto facilitate free movement and access to asylum at EU external borders.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 6

(6) In its conclusions of 28 June 2018, the European Council called for strengthening further the supportive role of the European Border and Coast Guard Agency, including in the cooperation with third countries, through increased resources and an enhanced mandate, with a view to ensure the effective control of the external borders and significantly stepping up the effective return of irregular migrants.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 7

(7) It is necessary to ~~monitor~~facilitate the crossing ofat the external borders efficiently, ~~address migratory challenges and potential future threats at the external borders, ensure a high level of internal security within the Union,~~ safeguard the functioning of the Schengen area and respect the overarching principle of solidarity. That should be accompanied by the proactive ~~management of mig~~search and rescue operation,s in~~cluding the necessary measures in third countries. In view of what has been stated, it is necessary to consolidate the European Border and Coast Guard and to further expand the~~ areas where a high number of incidents at sea is reported, including in international waters. That should be accompanied by an increased mandate ofn the ~~European Border and Coast Guard Agency. The Agency should be constituted principally by a European Border and Coast Guard stand~~fight against cross-border crime that tackles efficiently terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, cor~~ps consisting of 10,000 operational staff~~ruption, counterfeiting of means of payment, computer crime and organised crime.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 8

(8) In order to reflect the further qualitative enhancement of its mandate, in particular by providing it with its own operational arm, the European Border and Cost Guard standing corps of 10,000 operational staff, the Agency formerly known as Frontex should from now on be referred to as and operate exclusively under the name "the European Border and Coast Guard (EBCG) Agency". This change should be reflected in all relevant instances, including its visualisation in the external communication materials.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 9

~~(9) When implementing European integrated border management, coherence with other policy objectives should be ensured, including the proper functioning of cross-border transport.~~deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 10

(10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks, and those responsible for returns. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member States and are responsible for issuing return decisions, the Agency should support the application of Union measures relating to the management of the external borders and returns by reinforcing, assessing and coordinating the actions of Member States which implement those measures.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 11

(11) To ensure the effective implementation of European Integrated Border Management and increase the efficiency of the common return policy, a European Border and Coast Guard should be established. It should be provided with the requisite financial and human resources and equipment. The European Border and Coast Guard should be composed of the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, as well as authorities responsible for returns. As such it will rely upon the common use of information, capabilities and systems at national level and the response of the Agency at Union level.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 12

(12) European integrated border management does not alter the respective competences of the Commission and Member States in the customs area, in particular regarding controls, risk management and the exchange of information.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 13

(13) The development of policy and legislation on external border control and return, including the development of a European integrated border management strategy, remains a responsibility of the Union institutions. Close coordination between the Agency and those institutions should be guaranteed.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 14

(14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 15

(15) European integrated border management requires an integrated planning between the Member States and the Agency for operations concerning borders and return, to prepare responses to higher impacts at the external borders on contingency planning and to coordinate the long-term development of capabilities both in terms of recruitment and training but also for the acquisition and development of equipment.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 16

(16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the 1954 United Nations Convention Relating to the Status of Stateless persons and other relevant international instruments.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 22

(22) Member States should also~~, in their own interest and in the interest of the other Member States,~~ contribute relevant data necessary for the activities carried out by the Agency, including for the purposes of situational awareness, risk analysis, vulnerability assessments ~~and integrated planning~~. Equally, they should ensure that the data are accurate, up-to-date and obtained and entered lawfully.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 23

(23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and Coast Guard in order to frame the exchange of information and the operational cooperation between national authorities of Member States as well as with the Agency. EUROSUR is providing those authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders for the purpose of detecting, preventing and combating ~~illegal immigration and~~ cross- border crime and ~~contributing to~~ saving and ensuring the protection of the lives of migrants. Information in EUROSUR shall not be transmitted to third countries.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 24

(24) Member States should establish national coordination centres to improve the exchange of information and the cooperation for border surveillance and to perform checks at border crossing points between them and with the Agency. It is essential for the proper functioning of EUROSUR that all national authorities with a responsibility for external border surveillance under national law cooperate via national coordination centresin the fight against cross- border crime between them and with the Agency.

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 25

(25) This Regulation should not hinder Member States from making their national coordination centres also responsible for coordinating the exchange of information and for cooperation regarding other components of integrated border management such as returns.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 26

(26) The quality of the information exchanged between the Member States and the Agency is a prerequisite to the proper functioning of Integrated Border Management. Building on the success of EUROSUR, that quality should be ensured through standardisation, automation of the information exchange across networks and systems, information assurance and quality control of the data and information transmitted.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

Proposal for a regulation
Recital 27

(27) The Agency should provide the necessary assistance for the development and operation of EUROSUR including the interoperability of systems, in particular by establishing, maintaining and coordinating the EUROSUR framework.deleted

2018/12/11
Committee: LIBE

2018/0330(COD)

(28) EUROSUR should provide an exhaustive situational picture at the external borders ~~but also within the Schengen area and in the pre-frontier area~~. It should cover land, sea and air border surveillance ~~but also checks at border crossing points~~.

2018/12/11
Committee: LIBE

2017/10/06
Committee: PETI

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 23 – paragraph 3

3. When no medical examination is carried out in accordance with paragraph 1, the determining authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs and symptoms that might indicate past persecution or serious harm.deleted

2017/06/26
Committee: LIBE

Proposal for a regulation
Article 36 – paragraph 3

~~3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation.~~deleted

2017/05/05
Committee: LIBE

Proposal for a decision
Recital 14

(14) ~~In view of the urgency of the situation, t~~This Decision should enter into force on the date following that of its publication in the Official Journal of the European Union,

2016/06/27
Committee: LIBE

2016/0089(NLE)

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN

Proposal for a decision
Article 1 – paragraph 1

Council Decision (EU) 2015/1601
Article 4 – paragraph 3a – subparagraph 1

3a. In relation to the relocation of applicants referred to in point (c) of paragraph 1, the admission by Member States to their territory of Syrian nationals present in Turkey under national or multilateral legal admission schemes for persons in clear need of international protection other than the resettlement scheme which was the subject of the Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015 shall lead to a corresponding reduction of the obligation of the respective Member State.deleted

2016/06/27
Committee: LIBE

2016/0005(NLE)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

The Committee on Development calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament decline to give its consent to the proposal for a Council decision on the conclusion of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part.

2016/06/23
Committee: DEVE

2015/2342(INI)

Motion for a resolution
Recital A a (new)

Aa. whereas migration is a human right enshrined in Article 13 of the UN declaration of Human rights;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Recital A b (new)

Ab. whereas the International Organization for Migration's Missing Migrants Projects indicates Europe is the world's most dangerous destination for migrants due to its closed border policies and its militarized approach towards migration;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Recital C

C. whereas this challenge requires global solutions; whereas, however, 86 % of the world’s refugees live in ~~developing~~impoverished regions, with ~~least develop~~the most impoverished countries hosting 26 % of the total; whereas the million people who arrived in the EU in 2015 represented 0.2 % of the EU population, compared with much higher percentages in neighbouring countries;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Recital E

E. whereas vulnerable people, in particular women, but also children, LGBTI people, people with disabilities, people in need of urgent medical treatment and the elderly, who are particularly exposed to all kinds of dangers, namely violence, trafficking and abuse, should be urgently protected and granted humanitarian protection as part of their resettlement;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Subheading 1 a (new)

1. Rejects any approach towards migration based on treating it as a problem, not granting that migrants' human rights are respected and ignoring that migration is a phenomenon that has occurred throughout human history and contributes positively to the development of societies;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 1

1. Underlines the fact that we are witnessing in today’s world a~~n unprecedented~~ high level of human mobility, and stresses that one of the most urgent actions the international community must undertake is the strengthening of a common response to address the challenges and opportunities that this phenomenon represents; stresses that this response must be guided by the full protection of the rights and dignity of everyone forced by any circumstance to flee their homes in search of a better life; underlines that, though their treatment is governed by separate legal frameworks, refugees and migrants have the same universal human rights and fundamental freedoms, which need to be safeguarded regardless of their status; recalls that the EU must abide by its values and principles in all common policies and promote them in its external relations;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 2

2. Stresses that ~~well-managed~~ international migration represents an important contribution to socioeconomic development, as it has done historically, and that it is necessary to encourage this by changing the current narrative and developing a positive one, countering xenophobic, populist and nationalistic discourses and adopting policies focused on the medium and long term and not exclusively guided by immediate political pressures, while also addressing ~~legitimate concerns regarding border management,~~ social protection for vulnerable groups and ~~integrat~~social inclusion of refugees and migrants;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 3

3. Recognises that the humanitarian aid system is dangerously overstretched and that it will never be sufficient to respond to forced displacement crises, in particular given the protracted nature of a majority of them; ~~welcomes therefore the new policy framework outlined in the Commission communication on ‘Forced Displacement and Development’ of April 2016;~~ notes the importance of promoting closer humanitarian- development links and the need to engage with different partners – governments, local authorities, civil society, including refugee~~s themselves, and the private sector~~ and migrant organizations – to develop targeted evidence-based strategies to tackle this challenge;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 4

4. Stresses that EU development cooperation should continue to address the root causes of forced displacement by promoting through civil means peace, democracy and ~~security~~the peoples' sovereignty over their own resources, reducing poverty and inequality, strengthening public basic services, addressing state fragility and promoting human rights and good governance, in line with Sustainable Development Goal 16 in the new 2030 Agenda;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 6

6. Recalls that children – particularly unaccompanied ones –, LGBTI people, people with disabilities and the elderly are particularly vulnerable to abuse, including sexual and gender-based violence, even once they have reached places deemed secure; calls for these groups to be given special assistance and humanitarian protection as part of their resettlement;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 7

7. Welcomes the UN General Assembly High-Level Meeting to Address Large Movements of Refugees and Migrants of 19 September 2016 and the hosting of the Leaders’ Summit by the USA, as migration flows are a global responsibility which demand a global response and enhanced cooperation between all stakeholders; welcomes the outcome of these summits as the expression of a political commitment of unprecedented force, initiating the path towards a truly international sharing of responsibilities for refugees and large migration movements; regrets however the lack of specific pledges or legally binding commitments in terms of aid or reform, which are needed to close the current gap between rhetoric and reality; calls on all the parties involved to ensure continued political engagement, funding and concrete acts of solidarity in support of host countries; calls for the EU and its Member States to take the lead in international efforts, particularly as regards ensuring that the agreements –including the future compacts on refugees and on safe, and orderly ~~and regular~~ migration – are swiftly put into practice through the swift creation of safe ways of access to the EU and the issuing of visas, establishing follow-up mechanisms as needed;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 9

9. Stresses nonetheless the need to find political solutions to violent conflicts and to invest in early-warning and civil conflict- prevention mechanisms so as to reduce them in the future; calls for the EU to take a more active and effective role in the field of prevention and mediation; stresses that the response to forced displacement needs to be rights-based and take account of the population’s vulnerabilities – in particular as regards women and minors – and not be limited to humanitarian assistance but also involve development actors;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 9 a (new)

9a. Reminds the responsibility of the EU and the Member States towards refugees and migrants struggling at the risk of their lives to escape from war, chaos, economic misery, hunger and death; emphasises that the EU is responding to its historical responsibility for the impoverishment of third countries, which derives from both the colonial past of its Member States and the neo-colonial policies currently being pursued, under which European companies are exploiting the natural and human resources of those countries;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Subheading 3 a (new)

10. Reminds the responsibility of the EU and the Member States towards refugees and migrants struggling at the risk of their lives to escape from war, chaos, economic misery, hunger and death; emphasises that the EU is responding to its historical responsibility for the impoverishment of third countries, which derives from both the colonial past of its Member States and the neo-colonial policies currently being pursued, under which European companies are exploiting the natural and human resources of those countries;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 10

10. Stresses that EU external action should be forward-looking instead of mainly reactive with changing objectives in response to new crises; recalls that the migration phenomenon stems from a complex set of causes such as a growing population, poverty, insufficient job creation, exploitation of human and natural resources by multinational corporations, the fatal consequences of free trade on local production, international conflicts often fostered by EU Member States, political instability and climate change;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 11

11. Calls for the establishment of a genuine, ~~value~~human rights-based common European migration policy – with adequate legal channels for migration as a sustainable long-term policy to promote growth and cohesion within the EU – in order to set a clear framework for EU relations with third countries; ~~welcomes the EU Action Plan against migrant smuggling (2015-2020), which envisages closer cooperation with third countries, but~~ underlines that the implementation of a common EU ~~legal~~ migration policy would be instrumental in breaking the business model of smugglers;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 12

12. ~~Welcome~~Rejects the new Partnership Framework with third countries as a signal of real political action; ~~stresses that the success of the approach outlined in the communication of June 2016 depends on the EU’s capacity to offer real, commonly agreed incentives to third countries and~~ is concerned by the limited offer mainly focused on border management or Assisted Voluntary Return schemes, which ~~– while essential and needed – constitute only a partial~~constitute no response to the situation; highlights the need to balance and complement this response, focusing on the development of local economies, qualification and regional mobility and improved levels of protection in countries of transit and origin;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 13

13. ~~Expresses concerns regarding~~Rejects the quantitative approach in the new Partnership Framework and the related ‘migration compacts’, which see the ‘measurable increases in the number and rate of returns’ as one of the EU’s main goals, as the ~~number of returns clearly depends on the nature of migration flows and on the situations in the countries of origin~~EU Member States are currently returning migrants and asylum seekers to countries where human rights are not guaranteed, seriously endangering these people's lives and not respecting the principle of non-refoulement enshrined in the Convention Relating to the Status of Refugees and the Convention Against Torture; stresses that the short-term objectives of the compacts should focus on how best to address the challenges faced by third countries, including by developing legal migration channels, as a result of which the levels of irregular migration and death tolls in the Mediterranean will decrease;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 13

13. ~~Expresses concerns regarding the quantitative approach in~~Rejects the new Partnership Framework and the related ‘migration compacts’, which see the ‘measurable increases in the number and rate of returns’ as one of the EU’s main goals, as the ~~number of returns clearly depends on the nature of migration flows and on the situations in the countries of origin~~EU Member States are currently returning migrants and asylum seekers to countries where human rights are not guaranteed, seriously endangering these people's lives and not respecting the principle of non- refoulement enshrined in the Convention Relating to the Status of Refugees and the Convention Against Torture; stresses that the short-term objectives of the compacts should focus on how best to address the challenges faced by third countries, including by developing legal migration channels, as a result of which the levels of irregular migration and death tolls in the Mediterranean will decrease;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 14

14. Welcomes the high-level dialogues carried out by the VP/HR and the Commission, and in some cases by Member States on behalf of the EU as a whole, as good and effective practices fostering coordination; stresses that coordination should be undertaken by the Commission and the EEAS; cCalls on the Commission and the EEAS to keep Parliament regularly informed of these dialogues and to report on the exact operational implementation of the Rabat and Khartoum processes and the priority initiatives agreed at the Valletta Summit; notes that the packages designed for priority countries as part of the new Partnership Framework, by the Commission, the EEAS and the Member States, have neither been presented ~~nor debat~~, debated, nor ratified by the elected representatives of European citizens;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 15

15. Notes that fulfilling the objectives of the 2030 Agenda for Sustainable Development requires that the EU and partner countries integrate well-managed migration dynamics into their respective sustainable development strategies; rejects the use of humanitarian or development funds for border management or to control human mobility;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 16 a (new)

16a. Is extremely concerned by the continuing conflict in Afghanistan, in which violence against civilians and violations of humanitarian law for the past fifteen years led to forced displacement of more than 1.5 million people; rejects the recent Agreement - called 'joint-way-forward' - between the EU and Afghanistan since it will mean the immediate return of thousands people to a country where ongoing conflict makes it impossible to deem it as safe;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 16 a (new)

16a. Is extremely concerned by the continuing conflict in Afghanistan, in which violence against civilians and violations of humanitarian law for the past fifteen years led to forced displacement of more than 1.5 million people; rejects the recent Agreement - called 'joint-way-forward' - between the EU and Afghanistan since it will mean the immediate return of thousands people to a country where ongoing conflict makes it impossible to deem it as safe;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 16 b (new)

16b. Is extremely concerned by the situation of human rights in Turkey, where violation of basic rights like freedom of expression or of assembly is constantly violated, where the population of the South-East of the country is under attack by its own Government, over 30,000 public servants have been sacked on political grounds, and more than 130 media outlets have been closed down by the authorities; rejects therefore the EU - Turkey Agreement on the grounds that Turkey cannot be considered a safe country, particularly given the claims of violence and mistreatment under the Turkish authorities' custody, as well as lack of access to the right to receive international protection;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 16 b (new)

16b. Is extremely concerned by the situation of human rights in Turkey, where violation of basic rights like freedom of expression or of assembly is constantly violated, where the population of the South-East of the country is under attack by its own Government, over 30,000 public servants have been sacked on political grounds, and more than 130 media outlets have been closed down by the authorities; rejects therefore the EU - Turkey Agreement on the grounds that Turkey cannot be considered a safe country, particularly given the claims of violence and mistreatment under the Turkish authorities' custody, as well as lack of access to the right to receive international protection;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 17

17. Supports the Commission’s proposal for a new and ambitious External Investment Plan (EIP) to mobilise investments in developing third countries; considers that supporting private sectors in third countries while fostering an environment of good governance and business practices should not be presented as a new measure; calls on the Commission to ensure coherence between financing instruments – for example with the Development Cooperation Instrument (DCI) and the European Development Fund (EDF) – and projects in order to focus the EU’s assistance on priorities and to avoid the scattering of funds and efforts;deleted

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 19

19. ~~Notes that~~Rejects the creation of trust funds and ad hoc financial instruments, while helping to mobilise necessary resources and bringing flexibility to EU action, also undermines the unity of the budget and Parliament’s budgetary authority; calls therefore for Parliament’s greater involvement in supervision of these instruments, including by being part of the steering committees; recalls that the effectiveness of trust funds depends heavily on Member States’ readiness to contribute and their full involvement as a way used by the EC to escape parliamentary control and scrutiny of the use of EU funds allocated to development and humanitarian issues;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 20

20. Welcomes the use of common security and defence policy (CSDP) missions such as EUCAP Sahel Niger and EUNAVFOR MED, cooperation with NATO, and EU initiatives such as Europol’s Joint Operational Team (JOT) Mare to gather intelligence and fight smugglers, while underlining that global mobility should not be considered a threat; recommends the use of CSDP tools for early warning (forecasting), mediation and conflict resolution,Recalls that global mobility should not be considered a threat while stressing the importance of starting to plan for durable solutions as early as possible in conflict situations;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 20

20. Welcomes the use of common security and defence policy (CSDP) missions such as EUCAP Sahel Niger and EUNAVFOR MED, cooperation with NATO, and EU initiatives such as Europol’s Joint Operational Team (JOT) Mare to gather intelligence and fight smugglers, while underlining that global mobility should not be considered a threat; recommends the use of CSDP tools for early warning (forecasting), mediation and conflict resolution,underlines that global mobility should not be considered a threat while stressing the importance of starting to plan for durable solutions as early as possible in conflict situations;

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 21

21. Calls on the Commission and the EEAS to provide Parliament and the public with a detailed overview of the various funding instruments and programmes – and how they fit together with Member State programmes – in the 16 priority countries4 with which the EU engages in high-level dialogues on migration, and under the Global Approach to Migration and Mobility (GAMM); recalls that the GAMM remains the overarching framework of the EU external migration and asylum policy, but notes that recent policy initiatives have made limited reference to it and calls for a clarification of the GAMM’s relevance in the current context, as well as a review of the GAMM in line with the IOM's recommendations; _________________ 4 Ethiopia, Eritrea, Mali, Niger, Nigeria, Senegal, Somalia, Sudan, Ghana, Ivory Coast, Algeria, Morocco, Tunisia, Afghanistan, Bangladesh and Pakistan.

2016/10/20
Committee: AFET DEVE

2015/2342(INI)

Motion for a resolution
Paragraph 22

22. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, ~~and~~ the governments of the 16 priority countries identified in the new partnership framework with third countries under the European Agenda on Migration, and civil society organizations representing and working with migrants and refugees.

2016/10/20
Committee: AFET DEVE

2015/2341(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Rejects the EU Trust Fund for Africa since its main objective is to finance the current process of externalisation of EU borders in order to prevent the arrival of migrants to Europe, increasing the control and militarization of borders of third countries; Opposes the use of EDF and ODA funds for migration management and control;

2016/04/07
Committee: DEVE

2015/2341(INI)

Motion for a resolution
Paragraph 1 b (new)

1b. Considers that a Trust Fund for Africa really focused on development and the root causes of migration should exclude elements related to border control and management of migration flows, having as its main objective to investigate and to solve the real causes of impoverishment in the countries of origin such as: the plundering and exploitation of human and natural resources by multinational companies; land grabbing; the EU Member States' support to autocratic and corrupt governments; arms trade; the pernicious consequences of the payment of external debt, which prevents development and the implementation of public services and public policies needed to guarantee the fulfilment of human rights; or foreign military interventions, among other causes;

2016/04/07
Committee: DEVE

2015/2341(INI)

Motion for a resolution
Paragraph 6

6. Strongly underlines that funds from EDF and ODA sources must be devoted exclusively to development ends; recalls that all other expenses related to security, counter-terrorism and border controls, migration management, etc have to be funded from different sources that are pooled in the Trust Fund; urges the Commission to establish effective mechanisms to allow a comprehensive control of the final destination of EDF funds and ODA resources, and to evaluate all funded projects; stresses the need for contributions by Member States and other different sources, and recalls that leveraging is one of the foremost reasons for the creation of this instrument devoted to such different and heterogeneous ends; condemns any use of ODA sources, even a small percentage, for any purposes different from development;

2016/04/07
Committee: DEVE

2015/2341(INI)

Motion for a resolution
Paragraph 8

8. Deeply regrets the fact that, despite the continued importance of ODA for LDCs, the already low levels of development assistance to LDCs declined for the second year in a row in 2014 and that the proportion of aid allocated to those countries is at its lowest in ten years; calls on the Member States, accordingly, to make sure that aid is not diverted away from the poorest countries to cover the cost of the current crises, including the refugee ~~and security~~ crises, by firmly committing to increase ODA in line with the 0.7 % target and to allocate 50 % of ODA to LDCs;

2016/04/07
Committee: DEVE

2015/2341(INI)

Motion for a resolution
Paragraph 9

9. Considers that the EU Trust Fund for Africa should contribute to the strengthening and improving of public local services (health, education, nutrition) and ~~of governance, and that~~political participation, and that third countries' governments, together with civil society, non- governmental organisations (NGOs) and international NGOs, should play a pivotal role in addressing the root causes of migration and improving public local services;

2016/04/07
Committee: DEVE

2015/2341(INI)

Motion for a resolution
Paragraph 11

11. Strongly believes that the Trust Fund should focus not only on macroeconomic issues but also on grassroots projects with the specific aim of improving quality and equity of services, particularly in the health sector, which is key to increasing inclusiveness and enhancing the wellbeing of local populations, as it can respond to the needs of vulnerable communiti, equity and universal accessibility to public services, particularly in the health and education sectors, including access to sexual and reproductive health services, whi~~le also being able to provide better and more equitable and sustainable services to the gener~~ch are key to increasing inclusiveness and enhancing the wellbeing of local populations;

2016/04/07
Committee: DEVE

2015/2341(INI)

Motion for a resolution
Paragraph 16

16. Calls on the Commission and the authorities directly entrusted with the managing of the Trust Fund to focus primarily on capacity building, stability, wellbeing of local populations, development and/or improvement of basic public services -such as food and water supply, sanitation, education and health-, creation of work opportunities and training, particularly for women and for young people;

2016/04/07
Committee: DEVE

2015/2341(INI)

Motion for a resolution
Paragraph 24

24. ~~Underlines the need for a thorough monitoring of the implementation of~~Rejects the provisions on the creation of ‘hotspots’, ~~redistribution,~~ replacement in countries of origin, and Member States’ financial commitments~~, paying particular attention to human rights~~ in that regard;

2016/04/07
Committee: DEVE

2015/2341(INI)

Sabine LÖSING, Marina ALBIOL GUZMÁN, Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU

Motion for a resolution
Paragraph 25

25. Recalls that EU migration policies should primarily focus on addressing the root causes of migration, by working to help create peace and stability and foster economic development, in line with Sustainable Development Goal 16, by improving work on promoting and organising ~~legal~~ migration through legal channels, by enhancing the protection of migrants and asylum seekers and of particularly vulnerable groups, by more effectively fighting exploitation and trafficking of migrants, and by working more closely with third countries to improve cooperation on voluntary return and readmission;

2016/04/07
Committee: DEVE

2015/2275(INI)

Draft opinion
Paragraph 1

1. Welcomes the aim of clarifying EU engagement boundaries on Peace Support Operations (PSOs) with the United Nations (UN) and the African Union (AU); recalls that the EU budget cannot be used to directly finance military or defence operations (Article 41(2) TEU); ~~underlines the importance of EU support for AU peacekeeping operations approved by the UN~~criticises that many (military) peacekeeping missions are being financed by the African Peace Facility with its clear priority for security and deployment of military forces and is mainly funded from the European Development Fund; recalls that the primary objective of EU development policy (article 208 TFEU) is the reduction and, in the long term, the eradication of poverty;

2016/02/25
Committee: DEVE

2015/2275(INI)

Sabine LÖSING, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN, Lola SÁNCHEZ CALDENTEY

Draft opinion
Paragraph 1 a (new)

1a. Rejects robust peacekeeping missions, as past (robust) missions have not been successful at all in terms of long-term stability and peace; opposes that the responsibility-to-protect-mechanism is used as a pretext for military intervention; highlights that sustainable peace can only be achieved with civilian peace-building measures, not militarily; stresses that poverty and social, political and economic inequalities are root causes of conflict evolvement; recalls to truly implement measures to eradicate poverty, implement DDR-programs, arms control, favouring balanced economic relations and increasing humanitarian and development aid to ensure sustainable socio-economic development;

2016/02/25
Committee: DEVE

2015/2275(INI)

Sabine LÖSING, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN, Lola SÁNCHEZ CALDENTEY

Draft opinion
Paragraph 2

2. Notes concern over the ~~possible~~ lack of transparency in EU PSOs; stresses that full investigations should be carried out if grievances arise~~; recalls the need to improve current EU funding for PSO~~, including concerning human rights abuses e.g. sexual-violence, human trafficking, as recent cases have also shown also the involvement of EU- Peacekeepers; underlines that African security should, in the future, be monitored by the AU, supported by the international community;

2016/02/25
Committee: DEVE

2015/2275(INI)

Sabine LÖSING, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN, Lola SÁNCHEZ CALDENTEY

Draft opinion
Paragraph 5

5. Stresses that political, humanitarian and development policy efforts should be used initially, supported by civilian peacekeeping operations, and should be transformed into military operations only when necessary; demands that military peacekeeping should be supported by humanitarian and development policy both during operations, to aid peaceful resolution of the conflict, and afterwards, so as to make the settlement sustainable.only civilian peacekeeping operations;

2016/02/25
Committee: DEVE

2015/2258(INI)

Draft opinion
Paragraph 1 a (new)

1a. As the parliamentary committee that ensures a greater presence and participation of citizens and their demands in parliamentary life, stresses the importance of Article 29 of the CRPD on the participation without discrimination of persons with disabilities in political and public life;

2016/03/04
Committee: PETI

2015/2258(INI)

Draft opinion
Paragraph 1 b (new)

1b. Calls on those Member States that have ratified the CRPD to urgently comply with the obligation to uphold the right of persons with disabilities to vote, reforming, if necessary, their electoral laws; expresses particular concern about the situation in Spain where the authorities' failure to act has denied the right to vote to more than 80 000 persons with disabilities;

2016/03/04
Committee: PETI

2015/2258(INI)

Draft opinion
Paragraph 1 c (new)

1c. Stresses the need for the European Institutions and the Member States, in accordance with Article 27, to promote active employment policies for persons with disabilities, creating specific instruments to foster and facilitate their access to the labour market and to abolish any existing barriers; in this regard, highlights the importance of establishing legal job quotas for persons with disabilities and the role of the Special Protected Employment Centres;

2016/03/04
Committee: PETI

2015/2258(INI)

Draft opinion
Paragraph 2

2. Points out that the Committee on Petitions provides ~~full~~ active protection for European citizens (natural or legal persons) pursuant to Article 227 TFEU, enabling them to lodge a complaint against an infringement of their rights on the part of European, national and local authorities, in ~~connection with~~cluding those derived from the application of European policies whose purpose is to implement the CRPD, in the context of the Declaration in relation to the delimitation of competences annexed to the Final Act adopting the Treaty;

2016/03/04
Committee: PETI

2015/2258(INI)

Draft opinion
Paragraph 3

3. Highlights the fact that the Committee on Petitions is recognised as ~~the EU’s only~~one of the institutional instruments of the EU (alongside the Ombudsman, appointed to protect citizens in the event of maladministration) able to play the protection role within the independent monitoring framework, in keeping with the principles relating to the operation of national institutions set up to protect and promote human rights (‘Paris Principles’), adopted by the General Assembly of the United Nations in its 1993 resolution 48/134;

2016/03/04
Committee: PETI

2015/2258(INI)

Draft opinion
Paragraph 6

6. Welcomes the initiative of the Committee on Petitions to organise an ~~annual event~~event this year focusing on petitions in the field of disabilities, in cooperation with multiple stakeholders, including other relevant committees of the European Parliament, members of the EU Framework for the UN Convention on the Rights of Persons with Disabilities (UNCRPD), members of civil society and academics;

2016/03/04
Committee: PETI

2015/2258(INI)

Draft opinion
Paragraph 10

10. Calls on the Member States to urgently implement the provisions of the UNCRPD, revise their legislation and ensure proper enforcement; calls for national ~~information~~ tools to be developed and existing ones enhanced in order to best assist people with disabilities and their families; calls on those Member States that have not ratified the UNCRPD to do so as soon as possible;

2016/03/04
Committee: PETI

2015/2258(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Draft opinion
Paragraph 15

15. Calls on the Commission to promote and enhance the use of Structural Funds by Member States, with a view to developing high-quality public social services for people with disabilities and ensuring the transition from institutional care to public community-based care;

2016/03/04
Committee: PETI

2015/2254(INL)

Motion for a resolution
Recital A a (new)

Aa. whereas, according to Opinion 2/13 and the relevant case-law of the Court of Justice, fundamental rights recognised by the EU Charter of fundamental rights are at the heart of the legal structure of the Union and respect for those rights is a condition of the lawfulness of EU acts, so that measures incompatible with those rights are not acceptable in the EU;

2016/06/21
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital C

C. whereas all Member States, the institutions of the Union and candidate countries are obliged to ~~uphold~~respect, protect and promote those principles and values, and they have the duty of loyal cooperation and an obligation of transparency of the decision-making process;

2016/06/21
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital H

H. whereas the ~~improvement of the~~ effectiveness of justice systems in Member States ~~has been identified by the Commission as a key component for structur~~is a key aspect of the rule of law and it is essential refor~~ms in the European Semester, the annual cycle for the coordination of economic policies at Union level~~ ensuring equal treatment, sanctioning government abuses and preventing arbitrariness;

2016/06/21
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Recital H a (new)

Ha. whereas the UN Guidance Note of the Secretary-General "UN Approach to the Rule of Law Assistance" recommends that the rule of law should include a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable;

2016/06/21
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital U

U. whereas recent developments have shown it is urgent to revise and integrate existing mechanisms and develop an effective and binding mechanism to ensure Treaty principles and values are ~~uphel~~respected, protected and promoted throughout the Union;

2016/06/21
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 3 a (new)

3a. Recalls that the financial, economic and social crisis and the measures adopted to tackle it have had a deep impact on large sections of the population; underlines that social rights are fundamental rights, as recognised by international treaties, the ECHR, the EU Charter of Fundamental Rights and the European Social Charter; calls therefore on the Commission to duly take into account social rights while proposing the conclusion of the EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) and to properly fulfil its obligation to mainstream social objectives throughout all European initiatives as provided for in articles 3 TEU and 9 TFEU;

2016/06/21
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Annex – Article 9 – point 9.3

9.3 In order to facilitate the development of the draft DRF Scoreboard ~~and~~, draft country recommendations and draft Union institution recommendations, the Commission shall provide an independent secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.

2016/06/24
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 10 – introductory part

For each of the indicators, a score shall be given by each of the panellists to each of the Member States and of the Union institutions under scrutiny: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exercise shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF Scoreboard. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.

2016/06/24
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 11 – indent 4

– The Commission shall formally adopt the DRF Scoreboard ~~and country~~, country- specific reports and Union institution- specific reports, including recommendations, and refer them to the Member States, including national parliaments, the European Parliament and the Council as a basis for the DRF Semester and for the DRF policy cycle in the institutions of the Union.

2016/06/24
Committee: LIBE

2015/2254(INL)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
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 Scoreboard and adopt Council conclusions, taking into account the outcomes of the resolution adopted by the European Parliament, inviting national parliaments to provide a response to the DRF Scoreboard, proposals or reforms;

2016/06/24
Committee: LIBE

2015/2233(INI)

Draft opinion
Recital A a (new)

Aa. whereas the Union is bound by the Charter of Fundamental Rights of the European Union, including Article 14 concerning the right to education, Articles 27, 28, 29, 30, 31, 32 and 33 concerning workers' rights, Article 34 concerning the right to social assistance, Article 35 concerning the right to health care, Article 37 concerning the right to environmental protection, and Article 38 concerning the right to protection as consumers. Taking into account that all these are basic rights which cannot be put at stake;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Recital D a (new)

Da. whereas Members of the European Parliament depend on leaked documents when scrutinizing the negotiations for TiSA;

2015/10/19
Committee: LIBE

2015/2233(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Recital F a (new)

Fa. whereas some of the parties participating in the TiSA negotiations have not ratified the conventions of the International Labour Organization;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 2

2. Urges the Commission to increase transparency and democratic accountability on the Trade in Services Agreement (TiSA) negotiation process, and on all trade policies, by duly taking into account concerns expressed by trade unions and civil society organisations, including the CSOs of developing countries; urges the Commission to increase accessibility to all consolidated negotiation documents, as the only democratic possibility for civil society and citizens concerned to be informed and involved into the process; request the Commission to commission an independent study of TiSA's impact on developing countries from the Sustainable Development Goals perspective to effectively assess the impact TiSA would have in third countries;

2015/11/13
Committee: DEVE

2015/2233(INI)

Draft opinion
Paragraph 1 – point a

(a) to ensure that the agreement guarantees full respect for EU fundamental rights standards through the inclusion of a legally binding and suspensive human rights clause as a standard part of EU trade agreements with third countries; which must include: – Confirmation of states obligations under the Universal Declaration of Human Rights and other relevant international human rights instruments including, but not limited to, the European Convention on Human Rights and the International Covenant on Civil and Political Rights; – Assurance that state parties will interpret the provisions in the agreement in accordance with international human rights law; – Assurance that none of the obligations which may arising from the agreement will have the effect of modifying the obligations to respect, protect, and fulfil fundamental rights in the EU; – An exception permitting parties to suspend their obligations arising from the agreement if there are grounds to believe that it will result in a breach of fundamental rights; – A mechanism putting forward periodic human rights impact assessments to be conducted jointly by a designated committee of the US Congress and the European Parliament; – A mechanism to bring complaints in front of national courts in order to initiate an investigation by the designated authority into human rights disputes arising under the agreement; – Procedures to ensure that citizens have equality before the law; – Assurance that the Parties to the agreement will not in any way whatsoever relatively privilege their own citizens, or otherwise discriminate against non- citizens, merely according to their citizenship status in any matter affected by this agreement, concerning public order, national security, crime or grounds of important public interest; such as internationally recognised labour standards, environment or public health and education standards; – An accessible mechanism to impose sanctions when fundamental rights and standards are abused;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 1 – point a a (new)

(aa) to oppose TiSA because of the consequences it will have on European standards of services such as health care, education or social assistance, which could stop being fundamental rights and become another market niche in the hands of multinational corporations, undermining the civil liberties of European citizens;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 1 – point a b (new)

(ab) to oppose TiSA because of its consequences on workers' rights, undermining European standards of labour protection and making workers loose the protection by the justice system they enjoy today;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 1 – point a c (new)

(ac) to request Member States to hold binding referenda about the Agreement before it is passed;

2015/10/19
Committee: LIBE

2015/2233(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 1 – point b a (new)

(ba) to incorporate a clause to the Agreement which clearly forbids the use of personal data gathered by public services or institutions for commercial or marketing purposes, as well as forbidding the transfer of personal data gathered by the State and its institutions to private companies;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 4

4. Recalls TiSA’s risks of increasing asymmetric international trade relations between countries; ask the Commission to respect developing countries governments and parliament's policy space on investment regulations in order to ensure obligations and duties on all investors, including foreign, so that human rights, labour and environmental standards are respected;

2015/11/13
Committee: DEVE

2015/2233(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 5

5. Rejects TiSA and other macro-trade deals, taking the view that they are a tool for the privatisation of public services and liberalisation of public procurement, such public services and public procurement being key elements for sustainable development and for ensuring respect for people’s dignity; Calls the EC to ensure TiSA do not increase debt unsustainability and economic volatility in developing countries; asks the Commission to respect the policy space of developing countries’ governments and parliaments to take decisions in order to ensure internationally agreed standards on labour, the environment and human rights;

2015/11/13
Committee: DEVE

2015/2233(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 1 – point f

(f) to show full regard for the need for transparency and accountability in the negotiations throughout the entire process, and to fulfil its obligation under Article 218(10) TFEU, which a recent Court of Justice ruling confirmed as being of statutory character2 , to keep Parliament fully informed on an immediate basis at all stages of the negotiations; to ensure public access to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, with a public justificbe accountable to the European Parliament and its committees and to hold binding votes for every relevant step in the negotiation of the ~~ext~~agreement; to whensure publich access to ~~the undisclosed parts of the document in question is likely to specifically and actually undermine the interests protected by the excep~~all negotiation documents from all parties; to involve social organizations, unions and human rights organizations, in ~~line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents3~~ the negotiation of the agreement in order to strengthen a real dialogue with society as a whole; to ensure that the agreement in no way weakens the laws of the EU or of its Member States on public access to official documents. __________________ 2 Case C-658/11 Parliament v Council, judgment of 24 June 2014. 3 OJ L 145, 31.5.2001, p. 43. OJ L 145, 31.5.2001, p. 43.

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 8

8. Recalls Uruguay’s decision to withdraw from the negotiations on the basis of concerns that TiSA could threaten the country’s policy space on strategic sectors and services; urges the Commission to take this withdrawal into serious consideration; considers this decision an important step back in the multilateralisation of TiSA.

2015/11/13
Committee: DEVE

2015/2231(INI)

Motion for a resolution
Recital C a (new)

Ca. whereas according to the Eurobarometer survey of May 2015, 40% of citizens trust the European Union and 46% do not; whereas the institutions’ ability to monitor one another is essential to improving the level of satisfaction among European citizens;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Recital N

N. whereas the institutions have been complying with 80 % of the Ombudsman’s proposals; whereas there still remain 20% of proposals that have been submitted and need to be complied with;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Recital Na (new)

Na. whereas the European Parliament’s Committee on Petitions, which received 2 714 petitions in 2014 alone, is an important cog in the institutional workings of the European Union, bringing Parliament closer to citizens; whereas a close relationship between the Ombudsman and the Committee on Petitions would improve the currently inadequate level of democratic oversight of the activity of the European institutions;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 5

5. Recalls that, over the years, 20-30 % of complaints have concerned transparency and that the most common transparency issues raised are the institutions’ refusal to grant access to documents and/or information; considers that openness and access to documents are an essential part of the system of institutional checks and balances, as required by Article 15 of the Treaty on the Functioning of the European Union and Article 42 of the Charter of Fundamental Rights of the Union;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 5a (new)

5a. Warns that the ‘revolving door’ is a common phenomenon in the European Union; points out that, according to its annual report, the Ombudsman investigated complaints from five NGOs and looked into 54 of the Commission’s files; deplores the fact that this sequence of events, and similar cases in many Member States such as Spain, undermines public confidence in the institutions;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 7

7. Welcomes the Ombudsman’s inquires in connection with the ongoing TTIP negotiations; notes that the Council has since published the Directives the EU is using to negotiate the TTIP and that the Commission has announced plans to increase transparency in lobbying and broaden access to TTIP documents; recalls that the Committee on Petitions receives many anonymous complaints from groups and citizens concerning the lack of transparency in the negotiations; applauds the success of the popular European Citizens’ Initiative Stop TTIP , which has received 3 284 289 signatures, showing the profound public concern on this issue at European level;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 8

8. Welcomes the Ombudsman’s increased and necessary focus on transparency in lobbying activities and her work towards a mandatory Transparency Register, so that citizens may know who is trying to influence EU decision makers; takes the view, therefore, that the register should also state the human and financial resources lobbies dedicate in doing so; welcomes her inquiry into the composition and transparency of expert groups at the Commission, in particular those advising on the Common Agricultural Policy where the EU spends more than a third of its budget; supports her approach and encourages her to continue monitoring transparency in the composition of these groups in order to guarantee a balanced representation in all such groups in all policy areas; calls on the Ombudsman to fight for gender balance within these groups;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 10a (new)

10a. Call on the Member States to be more diligent in their mandatory collaboration with the Ombudsman; warns that the highest numbers of complaints received in 2014 came from Spain (309), Germany (219) and Poland (208); notes with concern that the highest numbers of investigations opened were in Belgium (50), Germany (45), and Italy (38);

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 11

11. Urges the Ombudsman to continue promoting ~~greater~~full transparency in clinical trials, especially in the quality assessment of results by the European Medicines Agency; recalls that this assessment should be based on the added value of innovative drugs and the real cost of research in order to facilitate Member States’ pricing and financing models;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 16

16. Calls on Frontex to ~~ensure respect for the welfare of returnees during return flights and the way it implements its Code of Conduct for~~put an end to return flights and the entire policy of Joint Return Operations; welcomes the Ombudsman’s call on Frontex to establish a complaints mechanism for potential fundamental rights infringements with the most stringent legal guarantees possible; invites her to further investigate this matter in the current situation of increasing numbers of ~~refugees at the~~allegations against Frontex of human rights violations during operations to control the external borders of the EUnion;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 17

17. Commends the Ombudsman on her investigations into the citizens’ right to participate in the EU decision-making process, in particular into the functioning of the European Citizens’ Initiative; notes that in 2014 she invited ECI organisers, Civil Society Organisations and other interested parties to provide feedback on the ECI with a view to its improvement; notes with concern that at the joint meeting with the Committee on Constitutional Affairs (AFCO) of 26 February 2015 on the ECI, representatives of petitioning organisations criticised the lack of harmonization and the administrative barriers to collecting and recording signatures, a serious breach of participatory rights of the citizens of the Union;

2015/11/10
Committee: PETI

2015/2231(INI)

Motion for a resolution
Paragraph 21a (new)

21a. Calls for the annual budget of the Office of the Ombudsman to be increased; notes with concern that the investigations conducted by the Ombudsman lasted on average 11 months, reflecting a lack of human resources unlikely to be alleviated with the meagre increase in its annual funding – EUR 9 857 002 euros in 2014 – for a staff of 67 people;

2015/11/10
Committee: PETI

2015/2229(INI)

Draft opinion
Paragraph 1

1. Stresses that respect for human rights~~, good governance~~ (recognizing their indivisibility, interrelation and interdependency), democratic values, the principle of non- interference, social and democratic control of the economic resources, peace ~~and~~, security and ending with neo-colonialism trade policies are prerequisites for the eradication of poverty and inequalities and are central elements to the achievement of the Sustainable Development Goals;

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 1 a (new)

1a. Calls on the EU to put an end to any kind of agreement with third countries in which governments consistently go against human rights;

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 2

2. Stresses the need to ensure that the post- 2015 development agenda and all its future implementation and monitoring measures are underpinned by the human-rights- and gender equality based approach ~~(HRBA)~~es and the eradication of poverty, reduction of inequalities and social exclusion, democratization of the economy and include, inter alia, women’s rights, ~~minority rights, children’s rights, good governance, the fight against corruption and democracy~~including sexual and reproductive health and rights, LGTBI rights, minority rights, children’s rights, strengthened citizens' political participation and democratic values, and the fight against corruption, tax evasion, tax avoidance and tax havens;

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 2 a (new)

2a. Condemns any kind of instrumentalisation of human rights using cooperation agreements to impose trade and economic policies in third countries and to interfere in their internal affairs;

2015/10/21
Committee: DEVE

2015/2229(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 3

3. Urges the EU to maintain and honour its role as a leading defender of human rights in the world, by the effective, consistent and considered use of all available instruments for the promotion and protection of human rights and its defenders and the effectiveness of our development aid policy;deleted

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 3 a (new)

3a. Recalls the importance of the principle of Policy Coherence for Development; calls on the Commission and Member States to ensure that no policies, especially trade and investment policies, undermine human rights of people in developing countries;

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 4

4. Stresses th~~e need~~ at for an effective guarantee and respect of human rights it is essential to reinforce corporate accountability ~~and fo~~mechanisms, and deliver a clear and quick implementation of the UN Guiding Principles on Business and Human Rights; calls on the Commission to take all necessary initiatives to ~~pres~~urgently present and implement a legally binding international instrument on business' activities and human rights;

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 4 a (new)

4a. Asks the EU and its Member States to analyse the deep social, economic and political consequences regarding human rights that the activities of transnational companies operating in impoverished countries generate;

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 5

5. Underlines that the EU should recognize its responsibility and address both the root causes of poverty in third countries and the root causes of migration from third countries to Europe, while recognising that the nexus between migration and development is complex and multi- dimensional and cannot be reduced to a mechanical and simplistic link between more development aid and less migrants;

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 5 a (new)

5a. Urges the EU and its Member States to immediately suspend all readmission agreements with countries which do not respect human rights;

2015/10/21
Committee: DEVE

2015/2229(INI)

Draft opinion
Paragraph 6

6. Calls for the EU and its delegations to increase their political dialogue with governments in breach of human rights, democracy and the rule of the law, stopping all association treaties and agreements currently in force with those countries, and insists that the political dialogue on human rights between the EU and third countries must cover a more inclusive and comprehensive definition of non- discrimination, inter alia on the basis of religion or belief, sex, racial or ethnic origin, age, disability, sexual orientation and gender identity;

2015/10/21
Committee: DEVE

2015/2229(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 6 a (new)

6a. Stresses that: – respecting each state's sovereignty to regulate and plan its economy in order to make it serve the people is essential to effectively guarantee human rights; – continuing to demand the payment of impoverished countries' external debt makes it to a large degree impossible for their governments to develop the public policies needed to guarantee that human rights are fulfilled;

2015/10/21
Committee: DEVE

2015/2203(DEC)

Draft opinion
Paragraph 4 a (new)

4a. Is highly concerned by the growing role the Commission is giving to the private sector in development cooperation;

2016/01/27
Committee: DEVE

2015/2203(DEC)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 4 b (new)

4b. Calls on the Commission to ensure a robust, transparent and accountable framework which ensures alignment with development effectiveness principles and development objectives in all blending programmes to ensure its development additionally is guaranteed, as recommended by the Court of Auditors’ special report "The effectiveness of blending regional investment facility grants with financial institution loans to support EU external policies";

2016/01/27
Committee: DEVE

2015/2203(DEC)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 4 c (new)

4c. Notes with concern Public-private partnerships (PPPs) are increasingly promoted as a way to finance development projects; recalls PPPs are, in most cases, the most expensive method of financing, significantly increasing the cost to the public purse; recalls that PPPs often reduce the already limited access to public services, for example in health, and go ahead with a reduction of public investment; regrets PPPs are all too often a risky way of financing for public institutions.; recalls that evidence of impact of PPPs on efficiency is very limited and weak; notes that PPPs face important challenges when it comes to reducing poverty and inequality, while avoiding negative impacts on the environment; recalls that PPPs suffer from low transparency and limited public scrutiny, which undermines democratic accountability;

2016/01/27
Committee: DEVE

2015/2155(DEC)

Anna Maria CORAZZA BILDT, Pina PICIERNO, Fredrick FEDERLEY, Anneliese DODDS, Margrete AUKEN, Dennis de JONG, Monika VANA, Josu JUARISTI ABAUNZ, Benedek JÁVOR, Kateřina KONEČNÁ, Anja HAZEKAMP, Elly SCHLEIN, Marietje SCHAAKE, Anneleen VAN BOSSUYT, Morten MESSERSCHMIDT, Josep-Maria TERRICABRAS, Jeroen LENAERS, Frédérique RIES, Beatriz BECERRA BASTERRECHEA, Ivan ŠTEFANEC, Lynn BOYLAN, Matt CARTHY, Luke Ming FLANAGAN, Liadh NÍ RIADA, Igor ŠOLTES, Bas EICKHOUT, Jan Philipp ALBRECHT, Michaela ŠOJDROVÁ, Luigi MORGANO, Ashley FOX, Estefanía TORRES MARTÍNEZ, Xabier BENITO ZILUAGA, Lola SÁNCHEZ CALDENTEY, Miguel URBÁN CRESPO, Tania GONZÁLEZ PEÑAS, Ruža TOMAŠIĆ, Cora van NIEUWENHUIZEN, Ulrike LUNACEK, Kostadinka KUNEVA, Tomáš ZDECHOVSKÝ, Richard SULÍK, Diane DODDS, Lara COMI, Bart STAES, Nicola CAPUTO, Judith SARGENTINI, Ivo BELET, Remo SERNAGIOTTO, Merja KYLLÖNEN, Richard ASHWORTH, Alessia Maria MOSCA, Ernest URTASUN, Pascal ARIMONT, Marina ALBIOL GUZMÁN, Salvatore Domenico POGLIESE, Fabio Massimo CASTALDO, Romana TOMC, Jan ZAHRADIL, Bodil VALERO, Daniel DALTON, Angelika MLINAR

Motion for a resolution
Paragraph 17 a (new)

17a. Stresses that the Court of Auditors report adopted on 11.07.2014 states that the potential saving for the EU budget would be about 114 million EUR per year if the European Parliament centralised its activities; reiterates the call on Parliament and the Council to address, in order to create long term savings, the need for a roadmap to a single seat, as stated by Parliament in several previous resolutions;

2016/03/14
Committee: CONT

2015/2154(DEC)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 1

1. Draws attention to the EU's collective commitment to raise the EU~~nion~~'s and its Member States' official development assistance (ODA) to 0.7% of their Gross National Income (GNI) and calls for a predictable and binding timetable to achieve it; fully supports a steady increase in EU climate finance, which must be new and additional, as committed to by the EU; criticises all erosion of non-climate ODA and calls on the Commission and the Member States to follow the Court's recommendations in its Special Report 17/2013 on EU climate finance in the context of external aid;

2016/01/27
Committee: DEVE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Dennis de JONG, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 1

1. Stresses the need for compliance with data protection legislation of all initiatives developed under the Digital Single Market Strategy; underlines the fact that respect for fundamental rights and data protection are key elements in building citizens’ trust and security, which are necessary for ~~a balanced approach allowing~~ the development of the economy and should thus be considered as creating opportunities and a competitive advantage;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Dennis de JONG, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 2

2. Calls for measures to tackle illegal content on the internet that will be in compliance with the rule of law and fundamental rights, in particular the right to freedom of expression and information, and the right to an effective remedy and to a fair trial; considers that, in order to achieve that goal, it is necessary to provide appropriate law enforcement tools, ~~to support public- private partnerships and cooperation, to consider the role of intermediaries~~ and to promote education and awareness-raising campaigns;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Dennis de JONG, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 2 a (new)

2 a. Urges the Commission and Member States not to undermine the rule of law, legal certainty, and freedom of expression by encouraging or coercing intermediaries to interfere arbitrarily with online communications for public policy goals;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Dennis de JONG, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 2 b (new)

2 b. Stresses that the removal of websites and the deletion of content on the internet should be based on judicial authorisation;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Dennis de JONG, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 2 b (new)

2 b. Considers that the mass surveillance of electronic communications by intelligence agencies both in Europe and the U.S. has severely damaged citizens' trust in the safety and security of digital services;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 2 d (new)

2 d. Underlines that the unrestricted possibility for citizens to use strong encryption in electronic communications is indispensable for the right to privacy.

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 3

3. Highlights the fact that the fast-growing number of attacks on networks ~~and acts of cybercrime~~ calls for a harmonised EU response with a view to ensuring a high level of ~~cyber~~security of IT systems; believes that providing security on the internet means protecting networks and critical infrastructure~~, the ability of law enforcement agencies to fight criminality, including terrorism, radicalisation and child pornography, and the use of the necessary data to fight crime online and offline~~; believes that this requires a ban on backdoors in software and to ostracise the use of zero day exploits and to promote the widespread deployment of encryption and independent auditing; stresses that security, thus defined, is necessary to reinforce trust in digital services and the processing of personal data;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Dennis de JONG, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 5

5. Stresses that any processing of personal data through solutions based on interoperability, i.e. operated by the ISA² programme, must comply with the requirements of EU data protection laws; calls for common open standards to be developed for the data-driven economy, which should ~~includ~~prioritize security, respect for privacy and data protection;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Dennis de JONG, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 6 a (new)

6 a. Emphasises the importance of data protection as a fundamental right, and more precisely the purpose limitation principle, in any e-government action plan that includes 'once only principles'; is concerned that a widespread adoption of 'once only principles' could make it easier for member state governments to process personal data for other purposes, including profiling of citizens without their explicit consent using the existing public interest exception in European data protection law;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 6 b (new)

6 b. Emphasises that an e-government action plan relying on 'once only principles' for increased efficiency and cost reduction in the public sector should also consider the potential increase in the cost of protecting personal data in the systems infrastructure needed to support 'once only', and the implications of 'once only' for the new privacy and security by design requirements in the proposed General Data Protection Regulation;

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 7

7. Calls for steps to be taken to ensure high standards of data protection providing for a level essentially equivalent to European data protection legislation when pursuing cooperation with ~~the~~ third countries within the Digital Single Market Strategy.

2015/10/20
Committee: LIBE

2015/2147(INI)

Cornelia ERNST, Barbara SPINELLI, Dennis de JONG, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Draft opinion
Paragraph 7 a (new)

7 a. Welcomes the ruling of the ECJ of 6 October 2015 in its case C-362/14 where the court has invalidated the Safe Harbour decision;

2015/10/20
Committee: LIBE

2015/2110(INI)

Draft opinion
Paragraph 1

1. Notes that organised crime has a transnational dimension; highlights the need for a joint action based on accessible information and increased cooperation between the police and the judicial authorities of various Member States and ~~developing~~impoverished countries, which should be assisted by ad hoc joint coordination bodies;

2016/04/07
Committee: DEVE

2015/2110(INI)

Draft opinion
Paragraph 1 a (new)

1a. Highlights that ending tax havens and bank secrecy is indispensable and essential to fight effectively against corruption and organised crime; urges the EU to cancel any economic or commercial agreement with states that are considered to be tax havens by at least one of the Member States of the EU; stresses that the EU must promote the fight against tax havens, banking secrecy and money laundering as a priority in all relevant international fora;

2016/04/07
Committee: DEVE

2015/2110(INI)

Draft opinion
Paragraph 2

2. Calls on the EU to support the creation and strengthening of regional and specialised police and judicial networks in ~~developing~~impoverished countries, always under parameters that guarantee appropriate standards of data protection and privacy, and to share the best practices and know- how of Europol, Eurojust and the European Judicial Network;

2016/04/07
Committee: DEVE

2015/2110(INI)

Draft opinion
Paragraph 3 a (new)

3a. Expresses concern regarding the links between multinational corporations and organized crime in third countries to intimidate, blackmail, and even murder human rights defenders, social leaders, and unionists; calls on the EU to investigate the activities of multinational corporations acting with European capital and strengthen the control and monitoring of the activities of these multinational corporations;

2016/04/07
Committee: DEVE

2015/2110(INI)

Draft opinion
Paragraph 4

4. Stresses that ~~people’s right to decide on their own food and agriculture systems is the solution~~respecting each Government's sovereignty to regulate and plan its economy and achieve food sovereignty is a basic pillar to combatting the causes of criminal activities that cause hunger and poverty; urges the international community to actively confront financial speculation on foodstuffs, such as purchases at low prices in vast agricultural areas and land grabbing by large multinational agro companies, taking into consideration the detrimental impact on small producers;

2016/04/07
Committee: DEVE

2015/2110(INI)

Draft opinion
Paragraph 4 a (new)

4a. Stresses the importance of the principle of universal justice to fight against organised crime; rejects the limitations that the Governments of Member States have imposed on it, seriously severing the capacity of judges to investigate crimes committed outside the territory of their Member State; urges the EU to defend the inclusion of economic, financial, and environmental crimes under universal jurisdiction;

2016/04/07
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 1

1. Reiterates that the EU and its Member States should ~~play a leading role in~~make greater efforts than they have done to date in connection with the post-2015 development agenda and work more closely with the UN and with all stakeholders, including NGOs, trade unions and civil-society organisations, to ensure that ambitious commitments are made t~~owards the~~hat will result in early achievement of the future Sustainable Development Goals; emphasises that in this effort the EU is ~~bound by the values shared by all of its Member Stat~~responding to its historical responsibility for the impoverishment of third countries, which derives from both the colonial past of its Member States and the neo-colonial policies currently being pursued, under which European companies are exploiting the natural and human resources of those countries;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 1 a (new)

1a. Criticises the fact that almost all of the Member States are failing to honour the undertaking made more than 35 years ago within the United Nations to spend 0.7% of their GDP on official development assistance;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 1 b (new)

1b. Deplores the fact that, largely as a result of a lack of genuine commitment on the part of the EU and its Member States and a continuing failure to deliver on pledges, the Millennium Development Goals have not been achieved;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 2

2. WBel~~com~~ieves th~~e cooperation of~~at the EU and the UNDP ineed to step up their joint efforts to promot~~ing~~e shared values and support~~ing~~ governments, civil society and populations in ~~over 100~~poorer countries in important policy areas such as capacity development, institutional development, the fight against corruption, equality between men and women, electoral assistance, crisis prevention and recovery, disaster risk reduction and climate change;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 3 a (new)

3a. Calls for the EU and the UNDP to step up their efforts to ensure that the activities of multinationals in poorer countries are closely monitored, in particular with regard to issues of systemic importance to development such as human and workers' rights and environmental protection;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 4

4. Stresses the importance of EU-UNDP cooperation on aid effectiveness; underlines the commitment of both to the Global Partnership for Effective Development Cooperation and to encouraging all states ~~as well as private- sector actors~~ also to commit to it;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 4 a (new)

4a. Emphasises how important it is for the development of poorer countries for the UN to adopt binding rules on the activities of multinationals and action to combat tax evasion and avoidance;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 4 b (new)

4b. Points to the need – in view of the fact that 61% of the funding provided subsequently returns, principally in the form of debt repayments, to the countries from which it came – for the EU and its Member States to make a commitment to cancel the external debt of poorer countries and to provide immediate debt relief to the poorest among them, in line with the approach set out by the United Nations;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 5

5. Calls for further EU-UN cooperation in the area of good governance and democracy-building, notably in order to fight corruption, tax evasion and illicit financial flows and support conflict prevention measures; points once again, therefore, to the need for the Member States to honour their undertaking to spend 0.7% of GDP on official development assistance and not to inflate the figures artificially by including money from private companies and individuals;

2015/09/03
Committee: DEVE

2015/2104(INI)

Draft opinion
Paragraph 6

6. ~~Points to the importance of EU-UN partnership in addressing the root causes and consequences of global refugee crises and~~Reiterates the fundamental importance of coordinated, synchronised action by all international actors in providing technical assistance and deploying the resources required in order to address the root causes of the endless humanitarian ~~emergenc~~tragedies; re~~iterates the fundamental importance of coordinated action by all international actors at the same time as providing technical assistance and mobilising adequate resources~~sulting from migration and to ensure that the right of migrants to international protection is upheld; calls, therefore, for further cooperation and dialogue in the preparation of the 2016 Humanitarian Summit.

2015/09/03
Committee: DEVE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Stelios KOULOGLOU, Sabine LÖSING

Draft opinion
Paragraph 1

1. Welcomes the Commission’s commitment to take measures in order to respond to the unprecedented crisis in the Mediterranean and to improve management of migration in all its aspects by reinforcing its migration policy and adopting a strategic European Agenda on Migration, which is a good first stepCondemns the fact that the Commission has had to wait until the unprecedented crisis in the Mediterranean, which was followed by a strong reaction of protest by civil society to re-think its deadly migration policies;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 1

1. Considers that the current migration ~~crisis~~situation can be addressed only within the context of a European holistic approach and not by bilateral meetings among Members States; calls for a new European agenda on migration ~~under the leadership of~~designed by the European Parliament, the Commission and the European Council and with the direct involvement in the decision-making process of relevant stakeholders, such as migrants organizations, underpinned by solidarity among the Member States. This agenda m~~igh~~ust include the replacement of the Dublin regulation with a centralised European asylum system; which takes into account family reunification and the own will of asylum seekers and refugees;

2015/09/25
Committee: DEVE

2015/2095(INI)

Barbara SPINELLI, Dennis de JONG, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Marie-Christine VERGIAT

Motion for a resolution
Citation 1 d (new)

- having regard to the Convention on the Rights of the Child of 1989,

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Citation 1 e (new)

- having regard to the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Draft opinion
Paragraph 1 a (new)

1a. Condemns that the Commission’s approach towards migration has been to treat it as a problem, ignoring that migration is a phenomenon that has occurred throughout human history and contributes positively to our societies, and therefore the approach of the Commission should not aim at criminalising migration but at granting that migrants’ human rights are respected;

2015/07/24
Committee: PETI

2015/2095(INI)

Motion for a resolution
Citation 1 f (new)

- having regard to the Convention on the Elimination of All Forms of Discrimination against Women,

2016/02/22
Committee: LIBE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 1 a (new)

1a. Stresses that the Commission’s European Agenda on Migration, designed without any kind of participation of the European Parliament and relevant stakeholders, such as migrants organizations, has already shown to be an inefficient instrument which cannot aim at dealing with migration flows;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 1 – point 1 (new)

(1) Condemns the fact that the Commission has had to wait until the unprecedented humanitarian crisis, which was followed by a strong reaction of protest and solidarity by civil society, to re-think its failed migration policies with a holistic approach that includes development, cooperation and respecting the principle of Policy Coherence for Development;

2015/09/25
Committee: DEVE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 1 – point 2 (new)

(2) Rejects any approach towards migration based on treating it as a problem, not granting that migrants’ human rights are respected and ignoring that migration is a phenomenon that has occurred throughout human history and contributes positively to the development of societies;

2015/09/25
Committee: DEVE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 1 – point 3 (new)

(3) Recalls the responsibility of the EU and the Member States to refugees and migrants struggling at the risk of their lives to escape from war, chaos, economic misery, hunger and death; emphasises that the EU is responding to its historical responsibility for the impoverishment of third countries, which derives from both the colonial past of its Member States and the neo-colonial policies currently being pursued, under which European companies are exploiting the natural and human resources of those countries;

2015/09/25
Committee: DEVE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 2

2. Points out that numerous petitions submitted by EU citizens refer to a wide range of issues relating to the crisis in the Mediterranean, expressing shock at the tragic loss of life, the alleged shortcomings in the implementation of the European asylum and migration acquis and violations of fundamental rights, the ineffectiveness of the existing Dublin system and the linadequacky of ~~a comprehensive~~the existing EU migration policy, which has resulted in the loss of hundreds of lives and the violation of fundamental rights in the EU’s external borders and within the Member States;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 1 a (new)

1a. Rejects the plans presented to date by the European Commission to tackle the current migrant situation, since they are insufficient, have proven not to respect migrants’ fundamental rights, and do not target its root causes; condemns the actions of the leaders of different Member States which have indicated that the solution to this situations must be militaristic and not based on dialogue and cooperation;

2015/09/25
Committee: DEVE

2015/2095(INI)

Draft opinion
Paragraph 3

3. Emphasises that, given the scale of the recent tragedies and the alarming increase in irregular arrivals and deaths at sea, the EU and the Member States can no longer be observers but must take ownership ~~of the debate and fully endorse the Commission Agenda on Migration~~and dictate a new policy aimed at respecting fundamental rights of migrants and tackling the roots of this increase by not supporting armed conflicts in third countries and ending exploitation of their human and natural resources;

2015/07/24
Committee: PETI

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 3 a (new)

3a. Reminds the EU and Member States to urgently organise a new permanent maritime search and rescue civil operation in the Mediterranean sea designed in strict collaboration with civil society organisations, taking into account valuable search and rescue experiences such as Phoenix, Argos or Dignity I, operated in the Mediterranean Sea by the Migrant Offshore Aid Station (MOAS) and Médecins Sans Frontières (MSF);

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 2 – point 1 (new)

(1) Points out that from a development perspective it is not possible to distinguished between vague categories of people such as migrants or asylum seekers; rejects development policies promoting directly or indirectly any kind of discrimination between those categories;

2015/09/25
Committee: DEVE

2015/2095(INI)

Draft opinion
Paragraph 4

4. ~~Stresses that action taken by the EU needs to be regularly monitored and enhanced~~Condemns the lack of transparency currently existing in this area, and stresses that action taken by the EU and all its different bodies and agencies, including FRONTEX, needs to be regularly monitored by the European Parliament, and that its position must be taken into account;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 4 a (new)

4a. Rejects the increase of resources and competences of FRONTEX as it is not an effective instrument to manage migration flows, since their model of security and border control has not proved itself useful and can be a real obstacle to guaranteeing the human rights of migrants and refugees;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 4 b (new)

4b. Encourages relevant stakeholders, such as migrant and refugee organisations, to be taken into account when dictating migration policy, and must have direct participation in the decision making process;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 5

5. Emphasises that monitoring, collecting and analysing information on migration flows and patterns in sea crossings between EU and African states need to be improved and coordinated by a centralised EU migration management mechanism, which would provide regular assessment reports and strengthen consistency, planning and crisis management, thus helping activate early warning systems at EU level to react promptly to future migration crespect fundamental rights and must not contribute to the militarization of the EU’s external borders or to EU intervention in third countrises;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 6

6. Calls for the EU and the Member States to adopt, as a matter of urgency, a comprehensive European migration and asylum policy, based on respect for human rights and dignity, international standards, the recommendations of competent international bodies, such as UNHCR, and the values on which the EU is built;

2015/07/24
Committee: PETI

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 7

7. Considers the important preventive measures contained in the Commission’s agenda for fighting smuggling networks and tackling the root causes of migration to be long-term objectives, but recalls that, meanwhile, flows of people will continue and that a permanent relocation mechanism for people in need of international protection based on fair objective criteria is needed as a matter of urgency;deleted

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 5

5. Considers the issues and problems faced by women migrants in the migration process and within the European Union and its impact on women’s empowerment and human rights to be of major importance; stresses that an explicit gender perspective in migration policies is vital and calls for it to be included in all policies directed towards migrants; calls in particular for gender discrimination to be removed in the legal aspects of migration; insists on the need to respect the human and individual rights of the weakest among the migrants, namely women and children (including the need for education for migrating and refugee children), and on the need to include these rights in the post- 2015 development agenda;

2015/09/25
Committee: DEVE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 5 – point 1 (new)

(1) Calls on the European Union and its Member States to ensure that migrants have access to rights and services which guarantee their equity and prevent the growth of racism and xenophobia within the EU;

2015/09/25
Committee: DEVE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Malin BJÖRK, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Recital C

C. whereas according to EASO data7 , in the first ten months of 2015 over 1 million applications for international protection were lodged in the EU, with numbers rising steadily since April, while the share of repeated applications has been simultaneously decreasing; and whereas around 9 % of applicants ~~claim to b~~were unaccompanied minors; __________________ 7 EASO Newsletter, November-December 2015, https://easo.europa.eu/wp- content/uploads/EASO-Newsletter-NOV- DEC_-20151.pdf.

2016/02/22
Committee: LIBE

2015/2095(INI)

Draft opinion
Paragraph 7 a (new)

7a. Considers that the measures contained in the Commission’s agenda will not stop the current flow of migrants and do not guarantee respect to their fundamental rights;

2015/07/24
Committee: PETI

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 7 b (new)

7b. Recalls that safe migration routes are needed and that international protection must be available to those in need of it, acknowledges the need of a permanent relocation for refugees that takes in account family and cultural ties is needed without jeopardizing freedom of movement;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 5 a (new)

5a. Considers the issues and problems faced by LGBTI migrants in the migration process and within the European Union and its impact on LGBTI people’s empowerment and human rights to be of major importance; stresses that an explicit LGBTI perspective in migration policies is vital and calls for it to be included in all policies directed towards migrants;

2015/09/25
Committee: DEVE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostas CHRYSOGONOS, Cornelia ERNST

Draft opinion
Paragraph 8

8. Calls on the Member States and the Commission to ~~ensure a meaningful revision of the Dublin Regulation in order to alleviate sudden and disproportionate migration pressure on Member S~~abandon the Dublin Regulation and establish a new system which tatkes ~~such as Italy and Malta, which are more directly exposed to migrant flows, without undermining the security of the Union’s external borders~~into account family and cultural ties of migrants and asylum seekers as well as their freedom of movement;

2015/07/24
Committee: PETI

2015/2095(INI)

Motion for a resolution
Recital D a (new)

D a. whereas a lack of gender- disaggregated data prevents clear understanding and analysis of the situation of women and girls who are refugees and asylum-seekers;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Recital D b (new)

D b. whereas, according to the European Commission update (5 January 2016) 17 Member States have made more than 4,200 places available for relocation since the start of the scheme while, according to information from Italy and Greece, the number of places formally indicated as available according to Article 5 of the Council Decisions and open to be filled within the normally foreseen two month period is significantly lower;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Recital D c (new)

D c. whereas, according to Eurostat, the proportion of people of working age in the EU-28 is shrinking while the relative number of those retired is expanding and the share of older persons in the total population will increase significantly in the coming decades, leading to an increased burden on those of working age to provide for the social expenditure required by the ageing population for a range of related services; whereas Commissioner Frattini had predicted in 2005 that "Europe will need more migration, since labour and skills shortages are already noticeable in a number of sectors and they will tend to increase. Demographic projections indicate that a decline in employment in the order of 20 million workers for EU-25 can be expected between 2010 and 2030 as a result of demographic change."

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK

Motion for a resolution
Recital D d (new)

D d. whereas, for the purposes of the UN Convention on the Rights of the Child, a child means every human being below the age of eighteen years;

2016/02/22
Committee: LIBE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to coordinate its development policies with its economical ones, in order to end exploitation of human and natural resources in third countries, thus undermining the purpose of any kind of development aid; thus calls on the EU and its Member States to strictly regulate the activities of transnational companies of European origin operating in third countries;

2015/09/25
Committee: DEVE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 6 b (new)

6b. Calls on the EU to stop the construction of detention centres or so-called information centres in third countries; calls on the EU to stop all cooperation and funding which enables the construction of walls in third countries aimed at preventing migrants from reaching the EU or other territories; is dismayed that the funding used for these centres and walls is disguised as development aid;

2015/09/25
Committee: DEVE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 9

9. Calls on the EU and the Member States to provide an international framework for dialogue and a comprehensive debate on migration with third countries of origin and transit in order to ensure closer solidarity and cooperation with the EU, address the root causes of migration and ensure progress on negotiations and full implementation of readmission agreemenstop all kinds of cooperation with third countries of origin and transit which do not respect human rights;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 6 c (new)

6c. Is dismayed that because of public procurement contract awards and debt servicing, inter alia, 61% of official development assistance goes back to donor countries; thus calls for an increase in real aid reverting positively on the needs of the peoples;

2015/09/25
Committee: DEVE

2015/2095(INI)

Marina ALBIOL GUZMÁN, Sabine LÖSING, Stelios KOULOGLOU

Draft opinion
Paragraph 7

7. Calls on the Commission to review together with relevant stakeholders such as migrant organisations Europe Aid’s evaluation and results- oriented monitoring systems, which are essential for planning, designing and implementing EU policies and interventions, and for enhancing transparency and democratic accountability.

2015/09/25
Committee: DEVE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK

Draft opinion
Paragraph 9 a (new)

9a. Calls to the EU and all Member States to halt the construction of walls in the EU’s external borders, to bring down the existing ones, and to stop all cooperation to enable the construction of walls in third countries to stop migrants from reaching the EU or other territories;

2015/07/24
Committee: PETI

2015/2095(INI)

Motion for a resolution
Recital F b (new)

F b. whereas the European Union has ratified the United Nations Convention on the Law of Sea (UNCLOS) which states in Article 98 that every state shall require the master of a ship flying its flag to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress, if informed of their need for assistance. In addition, every coastal state shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 9 b (new)

9b. Calls on the EU to halt the construction of detention centres and of the so-called information centres in third countries;

2015/07/24
Committee: PETI

2015/2095(INI)

Motion for a resolution
Recital F c (new)

F c. whereas the European Union has ratified the 1974 International Convention for the Safeguard of Life at Sea (SOLAS Convention) which provides that the master of a ship at sea, on receiving a signal from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so; moreover, the Convention requires each contracting government to ensure that necessary arrangements are made for distress communication and coordination in its area of responsibility and for rescue of persons in distress at sea around its coast. These arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers, and shall, so far as possible, provide adequate means of locating and rescuing such persons.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Cornelia ERNST, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Malin BJÖRK

Draft opinion
Paragraph 9 c (new)

9c. Calls on the EU and on Member States to immediately suspend all readmission agreements with countries which do not respect human rights;

2015/07/24
Committee: PETI

2015/2095(INI)

Motion for a resolution
Recital F d (new)

F d. whereas the European Union has ratified the 1979 International Convention on Search and Rescue at Sea (the SAR Convention), which obliges Member States to set up search and rescue areas and the related rapid intervention services requiring that parties shall provide assistance to any person in distress at sea, doing it regardless of the nationality or status of such a person or the circumstances in which the person is found, and that an operation to retrieve persons in distress provides for their initial medical treatment or other needs and delivers them to a place of safety.

2016/02/22
Committee: LIBE

2015/2095(INI)

Draft opinion
Paragraph 9 d (new)

9d. Calls on the EU and Member States to analyse the deep social, economic, and political consequences in terms of migration flows produced by the activities of transnational companies of European origin operating in third countries;

2015/07/24
Committee: PETI

2015/2095(INI)

Draft opinion
Paragraph 10

10. Calls on the Member States to establish ~~national integration support~~social inclusion programmes, allocate adequate resources ~~and support, and improve the application of the Common Basic Principles for Immigrant Integration Policy in the EU~~to ensure that migrants and refugees have access to rights and services that guarantee their equity; calls on the Commission to strengthen the role of the network of National Contact Points on Integration and of the European Integration Forum as platforms for dialogue to ensure better in~~tegrat~~clusion and exchanges of promising practices among Member States.

2015/07/24
Committee: PETI

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Draft opinion
Paragraph 10 a (new)

10a. Calls on the EU and Member States to implement effective measures to tackle growing xenophobia and hate crimes based on education and prevention as well as on penalizing all forms of violence and discrimination, including hate speech, and recognizing that the EU’s aggressive migration policies have been one of the main causes of this type of violence.

2015/07/24
Committee: PETI

2015/2095(INI)

Motion for a resolution
Recital H a (new)

Ha. whereas the 2016 European Parliament's Policy Department C's study "Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants" demonstrates that the Facilitation Directive has profound unintended consequences that have an impact not just on irregular migrants and those who assist them, but also on social trust and social cohesion for society as a whole and that some civil society organisations fear sanctions and experience intimidation in their work with irregular migrants, with a deterrent effect on their work.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Cornelia ERNST, Marie-Christine VERGIAT, Malin BJÖRK, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital M

M. whereas safe and legal routes ~~for refugees~~ to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for migrants, asylum seekers and refugees to enter the EU, building on existing legislation and practices, would allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers is the only way to prevent further deaths at sea;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT

Motion for a resolution
Recital T a (new)

T a. whereas securing operational funding is a key challenge for NGOs, as most funding is project related. whereas volunteer and NGO initiatives dedicated to providing assistance to migrants should be promoted and, where appropriate, funded by the European Commission and Member States.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Dennis de JONG, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 1 a (new)

1 a. Condemns seizing of valuables from asylum seekers in order to finance the cost of their stay during the asylum procedures in a Member State which constitutes an infringement of the human dignity of the persons concerned and violates the right to property enshrined in Article 1 of Protocol 1 to the ECHR.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 3

3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea; calls on Member States to align their national legislation accordingly;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 4

4. Takes the view that a permanent, robust and ~~effe~~proactive Union response in search and rescue operations at sea is crucial, parallel with establishing legal access to the EU, to prevent~~ing~~ an escalating death toll of migrants attempting to cross the Mediterranean Sea, including rapid responses to shifting flows;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Cornelia ERNST, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Malin BJÖRK

Motion for a resolution
Paragraph 5 a (new)

5 a. Recognising that international law binds Member States to set up search and rescue areas, urges Member States willing to take the lead to form a coalition of fair responsible sharing, search and rescue, relocation and resettlement with the support of reliable NGOs .

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 9

9. Welcomes the positive role played by navy vessels in saving lives at sea and in disrupting criminal networks to date; supports the aims of navy operations such as Operation Sophia, and stresses the need to protect life, emphasising that all aspects of the operation should ensure that migrant lives are protected;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Cornelia ERNST, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 12

12. Emphasises that full use should be made of existing instruments, such as the aAgencies’' risk analyses; observes that Union aAgencies should cooperate fully, but ~~that they~~ also need to step up cooperation with Member States; ~~notes that~~ better coordination of efforts should allow for the collection of data at national level and its onward communication to the Agencies; recalls that the agencies should be accountable to the European Parliament and their work must be transparent;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Cornelia ERNST, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 12 a (new)

12a. Recalls that humanitarian assistance, funding or actions/programmes by civil society should not be linked to their cooperation in the fight against smuggling; points out that NGOs, social workers, volunteers should never be asked to be agents of surveillance;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 19 a (new)

19a. Genuine links include family ties beyond the definition of family members in Regulation (EU) No 604/2013 , social relations, cultural ties, previous stay in a Member State, previous study and previous work experience with a company or an organisation of a specific Member State as well as specific qualifications, including language skills, that could be relevant for the integration of applicants into the labour market of the Member State of relocation;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 23 a (new)

23a. Stresses the need to introduce a mechanism for the rapid adjustment of the EU resettlement program in order to respond swiftly in humanitarian crisis situations, as to resettle quickly people in dire need of protection in third countries outside the European Union;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Cornelia ERNST, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 23 b (new)

23b. Notes that applicants for resettlement shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a negative or transfer decision, before a court or tribunal.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 25

25. Underlines that~~, in so far as resettlement remains unavailable for third-country nationals,~~ all Member States should be encouraged to establish and implement humanitarian admission programmes;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK

Motion for a resolution
Paragraph 26

26. Points out that humanitarian visas provide persons in need of international protection with means of accessing a third country in order to apply for asylum; calls on ~~the~~ Member States to make use of any existing possibilities to provide for humanitarian visas at Union embassies and consular offices in countries of origin or transit countries, and to create such programs where they do not currently exist;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission to propose a non-exhaustive list of ‘humanitarian grounds’ for the release of humanitarian visas to offer Member States a standardised solution to providing humanitarian visas;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Cornelia ERNST

Motion for a resolution
Paragraph 27

27. PIn light of the high divergences in recognition rates, reception standards and procedural length among Member States, points out that further steps are necessary to ensure that the CEAS could becomes a truly uniform system;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 29

29. Notes, for example, that inadmissible applications, subsequent applications, accelerated procedures and border procedures are all specific cases in which the recast of the Asylum Procedures Directive tried to strike a delicate balance between the efficiency of the system and the rights of the applicants; underlines that such a balance can only be achieved if the legislation is fully and properly implemented;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 29 c (new)

29c. Notes that reception conditions in some Member States do not comply with minimum EU standards and do not provide appropriate safeguards for women, children and other vulnerable groups;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 29 f (new)

29f. Recalls that both international law and the EU Charter of Fundamental Rights require Member States to examine alternatives to detention, as an application of the principles of necessity and proportionality in order to avoid arbitrary deprivation of liberty; Alternatives to detention include but are not limited to such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 30 a (new)

30a. Points out that the current Dublin Regulation has been deemed unlawful; takes the view that a new asylum and migration framework should focus on the best interest of the unaccompanied minors, in order not to not to prolong unnecessarily the procedure for determining the Member State responsible, and to ensure that unaccompanied minors have swift access to the procedure for determining the international protection status.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 33 a (new)

33a. Notes that a considerable number of potential asylum seekers are excluded from the relocation system because they do not belong to a nationality for which the proportion of decisions granting international protection among decisions taken at first instance is 75 % or higher.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 33 c (new)

33c. The reception and procedural needs of applicants for relocation belonging to a vulnerable group should be assessed as soon as an application for international protection is made; these needs should be handled and closely monitored during every step of the relocation process;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Cornelia ERNST, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 35 b (new)

35b. A safeguard clause with respect to the family ties (at least the one concerning parents, children, spouses or registered partners, siblings) should be inserted: therefore the country connected to the asylum seeker for the presence of one or more of these family members will always be obliged to accept the transfer, and should receive an extra financial contribution from the AMIF, following a proper interpretation or modification of the Regulation No. 516/2014. The following reference period for the calculation of quotas would take into account these "extra" transfers.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Malin BJÖRK, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 35 c (new)

35c. In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 35 d (new)

35d. The reception and procedural needs of applicants for international protection belonging to a vulnerable group should be assessed as soon as an application for international protection is made; these needs should be handled and closely monitored during every step of the process

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 35 e (new)

35e. Believes that full and verifiable compliance with legal standards in treating asylum seekers and their claims must be ensured, as well as access to justice. Recommends the competent authorities of the Member State where the application is lodged to be assisted by an asylum support team including liaison officers and specialised staff of other Member States, EASO, UNHCR and other actors including specialised NGOs.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 36

36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positive ~~asylum~~ international protection decisions is a logical step to~~wards proper~~ implement~~ation of~~ properly Article 78(2)(a) TFEU, which calls for ‘"a uniform status of asylum valid throughout the Union’";

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 36 a (new)

36a. Suggests therefore that refugees should be entitled, immediately upon recognition, to rights and equality which should extend throughout the European Union and not only in the Member States granting the status.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 36 b (new)

36b. Calls therefore for the recognition of positive international protection decisions and the definition of the conditions under which a beneficiary of international protection can obtain the right to reside in another EU state than the one in which he obtained recognition of protection.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 41

41. Recalls that, under Article 15 of the Reception Conditions Directive, Member States are to determine the conditions for granting access to their labour markets for applicants for international protection, provided that such access is effective and is in accordance with the timeframe laid down in Paragraph 1 of that Article; uReminds Member States that they may provide for higher standards with respect to access to the labour market; Understands that, per Article 15(2) for reasons of labour market policies, Member States may give priority to Union citizens and nationals of sStates parties to the Agreement on the European Economic Area, and to legally resident third-country nationals;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Cornelia ERNST, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 42

42. Takes the view that, where those persons granted international protection in the Union have an offer of employment or scholarship or research grant in a Member State other than the one in which they have been granted international protection, they should be able to avail themselves of such an offer;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 42 b (new)

42 b. Likewise, persons who have not been granted international protection in the Union but have received an offer of scholarship, employment or have regularly worked in a Member State while their protection claim was being processed should be able to avail themselves of a resident permit for third country nationals instead; urges the Commission to address this issue by providing innovative proposals in this direction;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 44 a (new)

44 a. Calls on Member States to ensure that integration measures should include specific measures for women asylum seekers and refugees.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Malin BJÖRK, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 46

46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification by removing discriminatory requirements and limitations on family reunification (e.g. age or time limitations, minimum income requirements above minimum wage);

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 49

49. Acknowledges that, in the light of the fact that, in 2014, 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 50

50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; in respect with the non-refoulement principle and the right to an effective remedy against a return decision, reiterates, in that regard, that voluntary return should be prioritised ~~over forced returns~~;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Cornelia ERNST, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 52 a (new)

52 a. Notes that the use of safe country lists, whether nationally designated or at EU level, further contributes to a practice of stereotyping certain applications on the basis of their nationality and increases the risk of such applications not being subject to a thorough examination of a person's fear for persecution or risk of serious harm on an individual basis, which is at the core of the refugee definition and crucial to ensuring full respect of the principle of non-refoulement

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 52 b (new)

52 b. Underlines that, according to Article 3 of the Geneva Convention of 1951, Member States shall not discriminate refugees on the basis of their race, religion or country of origin.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Cornelia ERNST, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 54

54. Underlines, in any event, that any list of safe countries of origin should not detract from the principle that every person must be allowed an appropriate individual examination of his or her application for international protection;, from the right to an effective remedy and to a fair trial and from the respect of the principle of non- refoulement; it must also be ensured that specific reasons for persecution, particularly gender, sexual orientation and gender identity, as well as belonging to a particular social or ethnic group, are addressed appropriately throughout an individual assessment of each application, even from countries that are on such a list.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 58

58. Recommends that EASO could be developed, in the long term, into a principal coordinator of the CEAS ~~with a view to~~ guaranteeing common application of the rules of that system; reiterates that, as the CEAS becomes genuinely European, EASO needs to develop from a collection of experts from Member States into a fully- fledged Union aAgency ~~provid~~; believes that the mandate of EASO should be properly reviewed ing o~~perational support to Member States and at the external border~~rder to avoid overlaps or contradictions with the work of other EU agencies and to improve its coordination with UNHCR and other non- governmental organizations; emphasises, in that regard, that it ~~must be~~is provided with the necessary funding and human resources in the short, medium and long -term;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Cornelia ERNST, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 58 a (new)

58 a. Any development of the Agency should include substantial involvement of civil society organisations in its work following Article 51 of the Regulation establishing EASO as well as accountability mechanisms before the EU institutions

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 62 b (new)

62 b. Notes, in this regard, that the proposed individual complaint mechanism against human rights violations raises several questions in terms of its effectiveness; according to the Commission's proposal, the complaint would be processed only internally, that is to say, by the agency itself, resulting in an assessment that is not sufficiently independent and impartial. Moreover, in the proposal, no remedy is foreseen in case the complaint is rejected as inadmissible or not well-founded. Stresses the need to put in place an effective independent complaint mechanism.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Malin BJÖRK

Motion for a resolution
Paragraph 64

64. Acknowledges that the integrity of the Schengen area and the abolishment of internal border controls are dependent on having effective management of external borders, with high common standards applied by all Member States at the external borders and an effective exchange of information between them;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 65 a (new)

65 a. Since substantial refugee flows to the EU are bound to continue in the future, believes that only legal and safe routes to the EU and taking account of the asylum seeker's preferences for host EU countries will deter external and secondary movements within the EU

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 68

68. Emphasises again that, as for legislation specifically in the area of asylum and migration, in order for legislation on internal and external borders to be effective, it is essential that measures agreed at Union level are implemented properly by the Member States; underlines that better implementation of measures by Member States at the external borders are essential and will go some way into allaying the security fears caused by an influx of migrants;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 69

69. Takes note that on 15 December 2015 the Commission came forward with a proposal for a targeted revision of the Schengen Borders Code, proposing to introduce systematic controls of all Union nationals (not only on third-country nationals) against the relevant databases at the external borders of the Schengen Area;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 71 a (new)

71 a. Points out, in that regard, that the Union Agencies require the resources necessary to allow them to fulfil their assigned tasks; stresses that all the operations carried out at the hotspots must be characterized by transparency and insists, therefore, that the Union Agencies and the Member States keep the Parliament fully informed of work undertaken at the hotspots, including by allowing regularly independent experts, such as human rights organisations, lawyers and elected representatives, to visit the centres;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 76

76. Believes that such a revision is necessary and should consider introducing a system allowing for victims of trafficking and criminal smuggling to ~~come forward~~declare their condition and aid in the effective prosecution of a trafficker or criminal smuggler without fear of being prosecuted themselves; victims should be given protection in the EU without any conditionality in cooperation in prosecution of the trafficker or smuggler;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Malin BJÖRK, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 77 a (new)

77a. Calls therefore for the revision of Article 1.2 of the Council Directive 2002/90/EC to provide for a mandatory exemption from criminalisation for 'humanitarian assistance' in cases of entry, transit and residence of third country nationals;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Cornelia ERNST

Motion for a resolution
Paragraph 79 a (new)

79a. Emphasises the urgent need to address the severe labour exploitation of migrant workers in the Union; recognises that the lack of regular migration channels and barriers to access justice are among the root causes of trafficking; and notes that the Employers' Sanctions Directive includes important provisions to address labour exploitation of irregularly residing third country nationals but that such provisions are reliant on the existence of fair, effective, and accessible complaint mechanisms at national level and implementation remains minimal; reiterates the recommendations of the EU Fundamental Rights Agency regarding the need to strengthen the current legal framework to protect workers from exploitation, and for an EU-level consensus which states that severe labour exploitation is unacceptable and that all workers are entitled to effective protection;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 80 b (new)

80b. Welcomes the recommendations by the Commissioner for Human Rights at the Council of Europe in the issue paper "the right to leave a country"; Calls in particular for EU Member States to review their border and immigration control laws, policies and practices to ensure that they do not constitute or establish incentives for other States to interfere with the right of all people to leave the country they are in;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 82

82. ~~Understands that the external dimension should focus on cooperation with third countries in tackling~~Calls for negotiations to be stopped on all types of agreements with third countries which do not guarantee the pro~~ot causes of, and addressing, irregular flows to Europe; understands that partnerships and cooperation~~tection of refugees and respect for fundamental rights, i.e. with ~~key~~ countries ~~of origin, transit and destination should continue to be a focus, for example through the Khartoum and Rabat processes, the Africa-EU migra~~such as Eritrea, Sudan, Somalia, Ethiopia and Egypt, from where refugees are fleeing; calls, further, for the suspension of all financial aid to the Egyptioan and ~~mobility dialogue, the Budapest Process and the Prague Proces~~Eritrean regimes, in the light of the reports by the UN and NGOs on severe and growing human rights abuses in those countries;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 85

85. Calls on the Union to help third countries build up their asylum systems and integration strategies in order to allow third country nationals in need of international protection to seek protection there; believes that the Union must adopt a win-win approach to cooperation with third countries, that is, an approach that is beneficial to the Union, to the third country in question and to the refugees and migrants in that third country;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Cornelia ERNST, Kostas CHRYSOGONOS, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 86 a (new)

86a. Expresses its concern over the recent report from Amnesty International, highlighting the alarming consequences of the EU-Turkey Joint Action Plan on the unlawful detention and deportation of refugees from Turkey.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 88

88. Welcomes the fact that the Action Plan on Smuggling links the launching of new awareness-raising campaigns to the assessment of existing ones; recommends that any such campaigns should contain information on the criteria to be used to determine protection status in the Union, since such information may convince some migrants – who risk embarking on a perilous journey only to be returned if they are not granted protection – not to make the journey;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 88 a (new)

88a. Urges the Commission to support civil society campaigns targeting businesses, service users, and consumers to raise awareness about the prevalence of labour exploitation in key sectors of Europe's economy.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 89

89. Reaffirms that the Union must adopt a long-term strategy to help counteract the ‘'push factors’' in third countries (persecution, conflict, generalised violence, climate change and natural disasters or extreme poverty), which force people into the hands of criminal smuggling networks, which they see as their only chance to reach the Union;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Malin BJÖRK, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 92 a (new)

92a. Expresses its concerns at the rising number of climate refugees; calls for serious recognition of the issue of climate refugees and the scope thereof, resulting from climate disasters caused by global warming;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Malin BJÖRK, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 92 b (new)

92b. Reiterates the need of a definition of climate refugees and a multilateral legal instrument to address the needs of climate refugees in order to protect people fleeing events triggered by climate change, deplores the fact that the status of 'climate refugee' is not yet recognised and leaves a legal loophole affecting victims that cannot benefit from refugee status;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 96

96. Notes that the Union’'s migration policy is implemented through different policy instruments, each having its own objectives, which are not necessarily interlinked, and that there is insufficient coordination of funding between the multiple actors involved; points out that the fragmentation of budget lines and responsibilities creates a management structure that could make it difficult to provide a comprehensive overview on how the different funds available are allocated and ultimately used; ~~points out,~~calls to ensure funds are used to promote a comprehensive and rights-based approach to migration and accountability if funds are used inappropriately or violate migrants' rights; furthermore, points out that such fragmentation makes it harder to quantify how much overall the Union spends ~~overall~~ on migration policy;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 96 b (new)

96b. Believes that funding provided for the new 'hotspot' approach, and coordination of returns of those migrants not entitled to international protection, must be monitored. Civil society organisations should not be hindered in reporting on any breaches of fundamental or procedural rights of migrants.

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 97 a (new)

97a. Recalls that the positive impact of the EU migration funds rely on processes at national and EU level to ensure transparency, effective monitoring and accountability. Consideration should be given as to how to make monitoring and evaluation ongoing processes and not only ex-post processes. The role of the Court of Auditors should be strengthened in that regard. Qualitative and quantitative indicators should be established and be comparable in order to measure the impact of EU funds and help to assess whether those funds achieved their objectives. Quantified data should be systematically collected. The establishment of a strong and independent European Public Prosecutor's Office should help tackle fraud against the EU budget, including in the area of migration. Such reports could also be made publicly available;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 101 a (new)

101a. Funds used for migration and asylum policies should be exempt from EU deficit rules as provided for in the EU Stability and Growth Pact;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Malin BJÖRK, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 103

103. RStressing the crucial role played by NGOs and volunteers in the protection of migrant and asylum seeker's rights, reiterates that civil society involvement in the development of Union actions and national programmes must be ensured, in line with the partnership principle as laid down in AMIF; proposes that, at Union level, thought could be given to regular consultation between the Commission and relevant civil society organisations working on migration, asylum and integration issues;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 115

115. Deplores the fact that the low risk of being detected and/or prosecuted as an employer exploiting the labour of irregular migrants has been identified as an important factor in labour exploitation, in particular in sectors most at risk (agriculture, construction, hotels and restaurants, domestic workers and care services); recommends that ~~in order~~ to tackle this impunity it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished under national law, including appropriate protection, redress and compensation for victims, and, secondly, to increase labour inspections in at-risk sectors, ensuring effective and accessible complaints mechanisms for workers;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 115 a (new)

115a. Recalls that the difficulties that irregular migrants may face in having access to justice and enforcing their rights may be counterproductive to the fight against illegal employment;

2016/02/22
Committee: LIBE

2015/2095(INI)

Barbara SPINELLI, Marie-Christine VERGIAT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 117

117. Reiterates that special procedures to ensure facilitation of complaints foreseen by Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (the ‘"Employers’' Sanctions Directive’") should be fully implemented and correctly applied in practice; believes that increased protection for those victims of trafficking~~, and for those smuggled into the Un~~ or labour exploitation , who cooperate and facilitate prosecution of traffickers and/or ~~criminal smuggl~~employers that exploit workers, is necessary; suggests that, in addition, support should be given for the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2014 Strategy against Trafficking in Human Beings) with the purpose of developing supply chains that do not involve trafficking in human beings;

2016/02/22
Committee: LIBE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN, Sabine LÖSING

Motion for a resolution
Citation 17 a (new)

– having regard to the recent report of Oxfam "Wealth: Having it all and wanting more",

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital B

B. whereas IFFs represent roughly ten times the amount of aid money received by developing countries which should be aimed for poverty ~~allevi~~eradication and ~~economic~~welfare development, representing an annual illicit capital flight from developing countries of an estimated USD 1 trillion;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital B a (new)

Ba. whereas the current globalized economy, based in economic deregulation, facilitates tax evasion for transnational corporations and encourages tax competition among countries;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital B b (new)

Bb. whereas the international tax architecture has allowed a massive haemorrhaging of public revenues;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital B c (new)

Bc. whereas fair and progressive taxation with welfare and social justice criteria plays an important role in reducing inequalities by shaping the redistribution of wealth from higher income citizens to those most in need in a country;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital B d (new)

Bd. whereas global wealth is increasingly being concentrated in the hands of a small wealthy elite and is expected that the richest 1% percent will own more than half of the global wealth by 2016;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital C

C. whereas taxation can be a reliable and sustainable source of development finance and offers the advantage of stability in comparison with traditional development financing mechanisms like concessional loans if there is a progressive taxation regime, an effective and efficient tax administration to promote tax compliance, and transparent and accountable use of public revenue, boosting, therefore, good governance as it allows the government more policy space and capacity to be responsive and accountable to national objectives that are not tainted by the conditionalities of foreign aid;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital D

D. whereas fair and progressive tax regimes provide vital finance to governments to cover citizens’ rights to basic public services, such as healthcare and education for all, and whereas effective redistributive fiscal policies are essential in decreasing the effect of growing inequalities;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital F a (new)

Fa. whereas bilateral trade agreements between EU Member States and developing countries, such us double tax treaties or double tax agreements, restrict the right of States to tax foreign investors and foreign-owned companies minimizing their domestic resource mobilizations capacities;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital H

H. whereas developing countries have been offering various tax incentives and exemptions as the only possibility to attract investments, leading to harmful tax competition and a ‘race to the bottom’ that brings greater benefit to multinational corporations (MNCs) than to developing countries;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN, Sabine LÖSING

Motion for a resolution
Paragraph 1

1. Calls on the Commission to promptly put forward an ambitious action plan, in the form of a communication, on supporting developing countries in fighting tax dodging and setting up fairer and progressive tax systems, taking into account the work undertaken by the Development Assistance Committee of the OECD in advance of the Financing for Development Conference in Addis Ababa, Ethiopia, to be held from 13 to 16 July 2015, and the impact of international tax treaties on developing countries;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the European Union and its Member States to promote concrete measures so transnationals are taxed by the jurisdiction of the country in whey they source or produce the income;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 4

4. Urges the Commission to take concrete and effective measures to support developing countries and regional tax administration frameworks in the fight against tax dodging, in developing fairer and progressive tax policies, in promoting administrative reforms and in order to increase the share, in terms of aid and development, of financial and technical assistance to the national tax administrations of developing countries;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN, Sabine LÖSING

Motion for a resolution
Paragraph 5

5. Asks the Commission to give good governance in tax matters and fair and progressive tax collection a high place on the agenda in its policy dialogue (political, development and trade) and in all development cooperation agreements with partner countries;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Sabine LÖSING, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 9 a (new)

9a. Stresses than when negotiating tax treaties, the European Union and its Member States should comply with the principle of policy coherence for development established in Article 208 TFEU; The European Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries;

2015/05/06
Committee: DEVE

2015/2058(INI)

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN, Sabine LÖSING

Motion for a resolution
Paragraph 11

11. Calls for creating an intergovernmental body on tax matters, to ensure a forum where all countries could participate on equal footing; Urges the EU and the Member States to ensure that the UN taxation committee is transformed into a genuine intergovernmental body equipped with additional resources, ensuring that developing countries can participate equally in the global reform of existing international tax rules;

2015/05/06
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU, Ignazio CORRAO

Motion for a resolution
Recital K a (new)

Ka. whereas ODA loans could increase debt vulnerabilities of developing countries;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU

Motion for a resolution
Recital K b (new)

Kb. whereas many developing countries continue to be debt distress, and new debt vulnerabilities are emerging which make a modernized and more effective debt restructuring framework necessary;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU, Ignazio CORRAO

Motion for a resolution
Paragraph 7 a (new)

7a. Calls to protect the development focus and nature of ODA including a transparent and accountable reporting system;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU

Motion for a resolution
Paragraph 8 c (new)

8c. Commends efforts in developing a new statistical measure that focuses on sustainable development, and stresses the need of including poverty, gender and age markers as statistical tools to measure the impact of aid activities;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU

Motion for a resolution
Paragraph 12

12. Calls for the EU and its Member States to take effective actions to actively crack down on tax havens, tax evasion and illicit financial flows; supports the setting-up of an intergovernmental body for tax cooperation under the auspices of the UN with effective participation of developing countries, rather than seeing OECD as the only relevant forum;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU, Ignazio CORRAO

Motion for a resolution
Paragraph 24 a (new)

24a. Calls to not undermine the policy space of those countries to take development-related decisions that are suitable for their own national context and respond to the demands of their populations;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU

Motion for a resolution
Paragraph 25 a (new)

25a. Call for a human needs based approach to debt sustainability through a binding set of standards to define responsible lending and borrowing, debt audits and fair debt workout mechanism, which should assess the legitimacy and the sustainability of countries’ debt burdens and possible cancellation of unsustainable an unjust debt;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU

Motion for a resolution
Paragraph 26

26. Calls for a review of international organisations’ programmes and instruments of financial assistance for development in order to align them with the new SDGs; urges, notably, the European Investment Bank, the International Monetary Fund and the World Bank to increase low-income countries’ levels of access to their concessional facilities and to gear their resources ~~more~~ closely to the needs of developing countries, including through mutually effective pro-poor lending facilities without imposing any conditionality to the developing countries that could undermine their sovereignty on macro-economic policy;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU, Ignazio CORRAO

Motion for a resolution
Paragraph 26 a (new)

26a. Calls for women being recognised as development actors and enablers, therefore, insist on the need to adopt gender budgeting principles and methodologies, in order to address the different needs and interests of women and men so gender equality and women empowerment is boosted;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU, Ignazio CORRAO

Motion for a resolution
Paragraph 26 b (new)

26b. Encourages the adequate representation of developing countries in global economic governance that is gender-balanced;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU

Motion for a resolution
Paragraph 26 c (new)

26c. Recalls that international trade agreements should not undermine poor people’s livelihoods and should instead support the gender equality agenda;

2015/03/26
Committee: DEVE

2015/2044(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Stelios KOULOGLOU

Motion for a resolution
Paragraph 26 d (new)

26d. Calls for policy areas that impact upon development, including trade, security, migration, energy, environment and climate change, agriculture and fisheries policy, to respond to Policy Coherence for Development and be aligned with development objectives.

2015/03/26
Committee: DEVE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading~~ Rejects the proposal of the Commission and urges the presentation of a new proposal with an approach based on the re~~inafter set out~~spect of fundamental rights and international obligations;

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Recital 4

(4) To ensure the effective implementation of the European integrated border management, a European Border and Coast Guard should be established. The European Border and Coast Guard, which comprises the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that theyEuropean Union and its Member States’ international obligations are kept, a civilian body with the task of carrying out ~~border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Border and Coast Guard Agency at Union level~~search and rescue operations, in close cooperation with NGOs and other organizations, as well as facilitating the access to international protection of those in need of it, should be established.

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK, Kostas CHRYSOGONOS

Proposal for a regulation
Recital 15

(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate rapid border interventions and deploy European Border and Coast Guard Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other relevant staff available to the rapid reserve pool.deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Recital 16

(16) At particular areas of the external borders where Member States face ~~disproportionate~~ migratory pressures characterised by ~~large~~ influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States ~~by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as exp~~to ensure fundamental rights are respected and international obligations and principles are respected. In these areas migrants and asylum seekerts ~~from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground~~will be assisted in their immediate needs with a gender-sensitive approach by fundamental rights and child protection experts, and distributed to different Member States, and will not be placed under detention.

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK, Kostas CHRYSOGONOS

Proposal for a regulation
Recital 20

(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of returnThe principle of non-refoulement will be respected and mass returns, which are illegal under international law, will not take place. Migrants or asylum seekers will not be returned to countries were human rights are not respected, nor will they be returned against their own will.

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Recital 28

(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countricooperation between Member States and third countries concerning migration and asylum will be based only on providing legal and safe routes to acces,s the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countriesUnion, and in no way will there be military or police cooperation with third countries to try to reduce the number of persons reaching the EU.

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Malin BJÖRK

Proposal for a regulation
Article 1

A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.rticle 1 deleted Subject matter

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 4 – paragraph 1 – point d

(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration;deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 4 – paragraph 1 – point f

~~(f) return of third-country nationals illegally staying on the territory of the Member States;~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI

Proposal for a regulation
Article 5 – paragraph 3

3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 7 – paragraph 1 – point l

~~(l) set up and deploy European Return Intervention Teams during return interventions;~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 7 – paragraph 1 – point m

~~(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards;~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point n

(n) participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this Regulation;deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostas CHRYSOGONOS

Proposal for a regulation
Article 7 – paragraph 1 – point q

(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency to support the national authorities carrying out coast guard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations;deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

Member States may continue cooperation at an operational level with other Member States ~~and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return,~~ where such cooperation is compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT, Barbara SPINELLI, Malin BJÖRK

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2

Member States shall report to the Agency on that operational cooperation with other Member States ~~and/or third countries at the external borders and in the field of return~~. The Executive Director of the Agency (‘the Executive Director’) shall inform the Management Board of the Agency (‘the Management Board’) on those matters on a regular basis and at least once a year.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 7 – paragraph 3

3. The Agency may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a regulation
Article 11

~~[...]~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 12 – paragraph 5

5. The Executive Director shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken.deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point c

(c) coordinate activities for one or more Member States ~~and third countries at the external borders, including joint operations with neighbouring third countries~~;

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI

Proposal for a regulation
Article 15 – title

Operational plan ~~for joint operations~~

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 18

~~[...]~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT

Proposal for a regulation
Chapter 2 – section 4

~~[...]~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 26

1. The Return Office shall be responsible for carrying out the return-related activities of the Agency, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection and human rights obligations. The Return Office shall, in particular: (a) coordinate at technical and operational level the return activities of the Member States, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders; (b) provide operational support to Member States subject to particular pressure on their return systems; (c) coordinate the use of relevant IT systems and provide support on consular cooperation for the identification of third- country nationals and the acquisition of travel documents, organise and coordinate return operations and provide support to voluntary departure; (d) coordinate the return-related activities of the Agency as set out in this Regulation; (e) organise, promote and coordinate activities enabling the exchange of information and the identification and pooling of best practices in return matters between the Member States; (f) finance or co-finance the operations, interventions and activities referred to in this Chapter with grants from its budget, in accordance with the financial rules applicable to the Agency. 2. The operational support referred to in point (b) of paragraph 1 shall include action to help Member States carry out return procedures by the competent national authorities by providing, in particular: (a) interpreting services; (b) information on third countries of return; (c) advice on the handling and management of return procedures in compliance with Directive 2008/115/EC; (d) assistance on measures necessary to ensure the availability of returnees for return purposes and avoid that returnees abscond. 3. The Return Office shall aim at building synergies and connecting Union-funded networks and programmes in the field of return in close cooperation with the European Commission and the European Migration Network.43 4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect for the Charter of Fundamental Rights. __________________ 43Article 26 deleted Return Office OJ L 131, 21.5.2008, p. 7.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 28

Pool of Forced Return Monitors 1. The Agency shall constitute a pool of forced return monitors from national competent bodies who carry out forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 35. 2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile. 3. The Agency shall make available the forced return monitors, upon request, to participating Member States to monitor, on their behalf, the correct implementation of the return operation and to take part in return interventions.Article 28 deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 29

Pool of Forced Return Escorts 1. The Agency shall constitute a pool of forced return escorts from national competent bodies who carry out return operations in accordance with the requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who have been trained in accordance with Article 35. 2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. 3. The Agency shall make available these escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in return interventions.Article 29 deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 32

~~[...]~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Malin BJÖRK

Proposal for a regulation
Article 39 – paragraph 6

6. While performing their tasks and exercising their powers, members of the teams shall not be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State. The host Member State may, with the consent of the home Member State, authorise members of the teams to use force in the absence of border guards of the host Member State.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 45

Purposes of processing personal data 1. The Agency may process personal data only for the following purposes: (a) performing its tasks of organising and coordinating joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Article 46; (b) performing its tasks of organising and coordinating return operations and return interventions in accordance with Article 47; (c) facilitating the exchange of information with Member States, the European Asylum Support Office, Europol or Eurojust in accordance with Article 46; (d) risk analysis by the Agency in accordance with Article 10; (e) identifying and tracking vessels in the framework of Eurosur in accordance with Article 48. 2. Any such processing of personal data shall respect the principle of proportionality and be strictly limited to personal data necessary for the purposes referred to in paragraph 1. 3. A Member State or other Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has not done so, the Agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed. The Agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information. 4. Member States and other Union Agencies may indicate, at the moment of transferring personal data, any restriction on access or use, in general or specific terms, including as regards transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer provision of information, they shall inform the Agency accordingly. The Agency shall comply with such restrictions.Article 45 deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Malin BJÖRK, Kostas CHRYSOGONOS

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1

The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorism.

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI

Proposal for a regulation
Article 52

European cooperation on coast guard 1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriate, at international level by: (a) sharing information generated by fusing and analysing data available in ship reporting systems and other information systems hosted by or accessible to the Agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States; (b) providing surveillance and communication services based on state-of- the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform, such as remotely piloted aircraft systems; (c) capacity building by elaborating guidelines, recommendations and best practices as well as by supporting the training and exchange of staff, with a view to enhancing the exchange of information and cooperation on coast guard functions; (d) capacity sharing, including the planning and implementation of multipurpose operations and the sharing of assets and other capabilities across sectors and borders. 2. The modalities of the cooperation on coast guard functions of the European Border and Coast Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with the financial rules applicable to the Agencies. 3. The Commission may adopt, in the form of a recommendation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level.Article 52 deleted functions

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 53

~~[...]~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Barbara SPINELLI

Proposal for a regulation
Article 54

1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council Regulation (EC) No 377/2004.49 2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board. 3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third-country nationals. Those liaison officers shall coordinate closely with Union delegations. 4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall be fully informed of those activities as soon as possible. __________________ 49Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).Article 54 deleted Liaison officers in third countries

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 61 – paragraph 1 – point b

~~(b) appoint the members of the Supervisory Board in accordance with Article 69(2);~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 61 – paragraph 1 – point c

~~(c) adopt decisions setting out corrective measures in accordance with Article 12(6);~~deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 67 – paragraph 3 – point g

(g) to adopt a decision on corrective measures in accordance with Article 12(5), including to propose to Member States to initiate and carry out joint operations, rapid border interventions or other action referred to in Article 13(2);deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 70 – paragraph 2

2. The Agency shall invite the European Asylum Support Office, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the Consultative Forum. On a proposal by the Executive Director, the Management Board shall decide on the composition ~~and the working methods~~ of the Consultative Forum and the modalities of the transmission of information to the Consultative Forum.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 71 – paragraph 2

2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and ~~cooperate with~~ the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.

2016/04/21
Committee: LIBE

2015/0310(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 79

1. The Commission shall be assisted by the committee established by Article 33a of Regulation (EC) No 562/2006. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or two-thirds of the committee members so request. 4. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.Article 79 deleted Committee Procedure

2016/04/21
Committee: LIBE

2015/0287(COD)

Proposal for a directive
Recital 13

(13) In the digital economy, information about individuals is often and increasingly seen by market participants as having a value comparable to money. Digital content is often supplied not in exchange for a price but against counter-performance other than money i.e. by the supplier collecting and processing personal data or by the consumer giving access to personal data or other data. Those specific business models apply in different forms in a considerable part of the market~~. I~~, often without the knowledge or free consent of the consumer. This Directive should only cover such counter-performance in the form of personal data that is in line with Regulation (EU) 2016/679, in particular its Article 7(4). In those cases, introducing a differentiation depending on the nature of the counter-performance would discriminate between different business models; it would provide an unjustified incentive for businesses to move towards offering digital content against data. A level playing field should be ensured. In addition, defects of the performance features of the digital content supplied against counter-performance other than money may have an impact on the economic interests of consumers. Therefore the applicability of the rules of this Directive should not depend on whether a price is paid for the specific digital content in question.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Recital 14

(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer actively provides data, such as name and e-mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where thepersonal data and the consumer consents to the processing of that data by the supplier, in accordance with Regulation (EU) 2016/679, for example through individual registration ofr on the ~~consumer is required for security and identification purposes by applicable laws~~basis of a contract. This Directive should also ~~not~~ apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also ~~not~~ apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Recital 17

(17) Digital content is highly relevant in the context of the Internet of Things. However it is opportune to address specific issues of liability related to the Internet of Things, including the liability for data and machine-to-machine contracts, in a separate way.deleted

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Recital 25

(25) In cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract, it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the legitimate expectations of consumers and the purpose for which digital content of the same description would normally be used.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Recital 33

(33) Without prejudice to the fundamental rights to the protection of private life, including confidentiality of communications, and the protection of personal data of the consumer, the consumer should cooperate with the supplier in order to allow the supplier to ascertain the consumer's digital environment with the use of the least intrusive means which are at the disposal of both parties in the circumstances. This may often be done for instance by providing the supplier with automatically generated incident reports or details of the consumer's internet connection. Only in exceptional and duly justified circumstances where with the best use of all other means there is no other way possible, this may also be done by allowing virtual access to the consumer's digital environment. ~~However, where the consumer does not cooperate with the supplier, it should be for the consumer to prove that the digital content is not in conformity with the contract.~~

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Recital 37

(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content is supplied not in exchange for a price but against access to data provided by the consumer, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter- performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. Without prejudice to obligations of a controller under ~~Directive 95/46/EC~~Regulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Recital 55

(55) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and specifically Article 7, 8, 16, 38 and 47 thereof.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)

6 a. 'personal data' has the meaning of Regulation (EU) 2016/679.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 3 – paragraph 1

1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer ~~actively provides count~~freely choses to give consent to the processing of his or her- perfsonal data orm ancey other ~~than money in the form of personal data or any other data~~data by the supplier, instead of paying a price, insofar this is possible in line with Regulation (EU) 2016(679), in particular with regard to Article 7(4) thereof.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 3 – paragraph 4

4. This Directive shall not apply to digital content provided ~~against~~without any counter- performance other than money to the extent the supplier only requests the consumer to provide personal data the processing of which is ~~strictly~~ necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose. It shall equally not apply to any other data the supplier is entitled to requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements, and the supplier does not use that data for ~~commercial~~other purposes.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 3 – paragraph 8

8. This Directive is without prejudice to the protection of individuals with regard to the processing of personal data as laid out in Regulation (EU) 2016/679 of the European Parliament and the Council and in Directive 2002/58 of the European Parliament and the Council.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. In order to conform with the contract, the digital content shall~~, where relevant~~:

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 6 – paragraph 1 – point b

(b) be fit for any particular purpose for which the consumer requires it and which the consumer made known to the supplier at the time of the conclusion of the contract and which the supplier accepted, or any particular purpose that the consumer can reasonably expect;

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 6 – paragraph 1 – point d

(d) be updated as stipulated by the contract or as necessary to guarantee the characteristics provided for in points (a) and (b), in particular continuity and security.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. To the extent that the contract does not stipulate, ~~where relevant,~~ in a clear and comprehensive manner, the requirements for the digital content under paragraph 1, the digital content shall be fit for the purposes that consumers could reasonably expect or for which digital content of the same description would normally be used including its functionality, interoperability and other performance features such as accessibility, continuity and security, taking into account:

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 6 – paragraph 2 – point b

(b) ~~where relevant,~~ any existing international technical standards or, in the absence of such technical standards, applicable industry codes of conduct and good practices; and

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)

(b a) any existing models of best practices with a view to security of information systems and digital environments;

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 10 – paragraph 1 – point b a (new)

(b a) any lack of security according to best practices for security of information systems;

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 12 – paragraph 5

5. The consumer may terminate the contract ~~only~~ if the lack of conformity with the contract impairs functionality, interoperability and other main performance features of the digital content such as its accessibility, continuity and security where required by Article 6 paragraphs (1) and (2). The burden of proof that the lack of conformity with the contract does not impair functionality, interoperability and other main performance features of the digital content shall be on the supplier.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) the supplier shall ~~take all measures which could be expected in order to~~ refrain from the use of the counter- performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content;

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 14 – paragraph 1

1. The supplier shall be liable to the consumer for any economic damage to the ~~digital environment of the~~ consumer caused by a lack of conformity with the contract or a failure to supply the digital content. Damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 15 – paragraph 1 – introductory part

1. Where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract, the supplier may alter functionality, interoperability and other main performance features of the digital content such as its ~~accessibility, continuity and security, to the extent those alternations adversely affect access to or use of the digital content by the consumer~~continuity, only if:

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 15 – paragraph 1 – point b

(b) the consumer is notified reasonably in advance of the modification by an explicit notice ~~on a durable medium~~;

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 16 – paragraph 4 – point a

(a) the supplier shall ~~take all measures which could be expected in order to~~ refrain from the use of other counter- performance than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer;

2016/09/01
Committee: LIBE

2015/0287(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 18 – paragraph 2 – point b a (new)

(b a) organisations whose aim is the protection of the rights to privacy and the protection of personal data.

2016/09/01
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Recital 3 a (new)

(3a) Punitive sanctions should be complemented by long-term policies to prevent the radicalisation and recruitment of citizens of the Union by terrorist organisations. Strategies on social inclusion, education, employment and housing and policies tackling discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations are crucial to countering terrorism.

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Recital 4 a (new)

(4a) Member States should strengthen the professionalism of security forces, law enforcement agencies and justice institutions; and ensure effective oversight and accountability of such bodies, in conformity with international human rights law and the rule of law. This includes human rights training to security forces including on how to respect human rights within the context of measures taken to counter violent extremism and terrorism.

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Recital 5

(5) Taking account of the evolution of terrorist threats and legal obligations to the Union and Member States under international law, the definition of terrorist offences, including offences related to a terrorist group and offences related to terrorist activities, should be further approximated in all Member States, so that it covers more comprehensively conduct related to in particular foreign terrorist fighters and terrorist financing. ~~These forms of behaviour should be punishable also if committed through the Internet, including social media.~~

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Malin BJÖRK

Proposal for a directive
Recital 7

(7) The offenses related to public provocation to commit a terrorist offence act comprise, inter alia, the glorification and justification of terrorism or the dissemination of messages or images including those related to the victims of terrorism as a way to gain publicity for the terrorists cause or seriously intimidating the population, provided that such behaviour causes a danger that terrorist acts may be committed.deleted

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostas CHRYSOGONOS, Malin BJÖRK

Proposal for a directive
Recital 8

(8) Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act of facilitation of such travel should also be criminalised.deleted

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Recital 10

(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disrupting the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist financing should also be punishable. Sanctions should be reviewed by an independent oversight body and any sanctions should be linked to a specific criminal offence, to avoid arbitrary decisions on the basis of national, religious, ethnical, or racial criteria.

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostas CHRYSOGONOS

Proposal for a directive
Recital 12

(12) The attempt to ~~travel abroad for terrorist purposes, should be punishable, as well as the attempt to~~ provide training and recruitment for terrorism should be punishable.

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Recital 13

(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission ~~may~~should be inferred from objective, factual circumstances.

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Recital 20

(20) The implementation of ~~the criminalisation under~~ this Directive should be proportional to the nature and circumstances of ~~the offenc~~each case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) u~~nduly compelling~~sing violence or the threat of violence to compel or seek to compel a Ggovernment of a Member State or international organisation to perform or abstain from performing any act,

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property ~~likely to~~ endangering human life ~~or result in major economic loss~~;

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 4 – paragraph 1 – point b

(b) voluntarily participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities ~~in any way,~~, provided such participation has a close proximity to the commission of the principal offence, and with knowledge ~~of the fact~~and intention that ~~such~~this participation will contribute ~~to the criminal activiti~~in a meaningful way to the terrorist offences of the terrorist group.

2016/04/08
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 5 – paragraph 1

Member States shall take the necessary measures to ensure that the intentional distribution, or otherwise making available, of a message to the public, with the clear knowledge and intent to incite the commission of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct~~, whether or not directly advocating terrorist offences, causes a~~ manifestly causes a clear and imminent danger that one or more such offences ~~may~~will be committed, is punishable as a criminal offence when committed intentionally.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that soliciting another person to commit one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4, where this manifestly causes a clear and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Marina ALBIOL GUZMÁN, Barbara SPINELLI

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that providing instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of committing of or meaningfully contributing to one of the offences listed in points (a) to (h) of Article 3(2), knowing that the skills provided are intended to be used for this purpose, where the provision of instructions manifestly causes a clear and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Marina ALBIOL GUZMÁN, Barbara SPINELLI

Proposal for a directive
Article 8 – paragraph 1

Member States shall take the necessary measures to ensure that to wilfully receive instruction, from another person in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of committing of or contributing to the commission of one of the offences listed in points (a) to (h) of Article 3(2), where the reception of instructions manifestly causes a clear and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Malin BJÖRK

Proposal for a directive
Article 9

Travelling abroad for terrorism Member States shall take the necessary measures to ensure that travelling to another country for the purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities of a terrorist group referred to in Article 4 or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.Article 9 deleted

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Article 10

Member States shall take the necessary measures to ensure that any act of organisation or facilitation that assists any person in travelling abroad for the purpose of terrorism, as referred to in Article 9, knowing that the assistance thus rendered is for that purpose, is punishable as a criminal offence when committed intentionally.Article 10 deleted Organising or otherwise facilitating travelling abroad for terrorism

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 11 – paragraph 1

Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 108, with the exception of Article 3 (2) (i), and 12 to 14 ~~or 16~~ is punishable as a criminal offence when committed intentionally, and where this manifestly causes a clear and imminent danger that one or more such offences may be committed.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 12 – paragraph 1

Member States shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in Article 3, with the exception of Article 3 (2) (i), is punishable as a criminal offence when committed intentionally, where the act manifestly causes a clear and imminent danger that one or more such offences may be committed.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 13 – paragraph 1

Member States shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in Article 3, with the exception of Article 3 (2) (i), is punishable as a criminal offence when committed intentionally, where the act manifestly causes a clear and imminent danger that one or more such offences may be committed.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 14 – paragraph 1

Member States shall take the necessary measures to ensure that drawing up false administrative documents with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 is punishable as a criminal offence when committed intentionally, where the act manifestly causes a clear and imminent danger that one or more such offences may be committed.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Article 14 a (new)

Article 14a Burden of proof The burden of proof for Articles 3 to 14 shall lie solely on the prosecutor. No reversal of this burden, nor assumption of guilt shall be invoked

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 15 – paragraph 1

For an offence referred to in Article 4 ~~and Title III~~ to be punishable, it shall not be necessary that a terrorist offence be actually committed~~, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities~~.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 16 – paragraph 2

~~2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3to 14 is made punishable.~~deleted

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Article 23 c (new)

Article 23c Right to effective remedies 1. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law has a right to a speedy, effective and enforceable remedy. 2. Member States' judicial authorities shall have the ultimate responsibility to ensure that this right is effective.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Article 23 d (new)

Article 23d Non-discrimination This Directive shall not have the effect of requiring Member States to take measures which could result in direct or indirect discrimination or which would be based on religious practice and ethnic criteria. The Commission shall regularly assess the implementation of the Directive with regard to any potential disproportionate impact on groups of the population and remedial procedures to correct discriminatory practices and report their findings to the European Parliament and Council.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 23 e (new)

Article 23e Freedom of expression 1. Nothing in this Directive may be interpreted as being intended to reduce or restrict the dissemination of information for the expression of an opinion. The expression of radical, polemical or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit a terrorist offence. 2. This Directive shall not have the effect to take measures in contradiction of fundamental principles relating to freedom of expression, including freedom of the press and the freedom of expression resulting from constitutional traditions or rules governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 25 – title

Transposition and review mechanisms by Member States

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 25 – paragraph 2 a (new)

2a. Member States shall conduct annual independent reviews of and reporting on the exercise of powers under the laws falling within the scope of this Directive.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a directive
Article 26 – paragraph 2

2. The Commission shall, by [4812 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the ~~impact and~~ added value of this Directive on combating terrorism and its impact on fundamental rights and freedoms and the rule of law. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA and any other relevant information regarding the exercise of powers under counter-terrorism laws related to the transposition and implementation of this Directive.

2016/04/12
Committee: LIBE

2015/0281(COD)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Proposal for a directive
Article 26 – paragraph 2 a (new)

2a. In light of the independent reports of the European Commission, Member States shall conduct parliamentary periodic reviews.

2016/04/12
Committee: LIBE

2015/0269(COD)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostas CHRYSOGONOS

Proposal for a directive
Recital 1 a (new)

(1a) Over 6,700 people die annually in the EU due to firearms owned by civilians.

2016/04/06
Committee: LIBE

Marina ALBIOL GUZMÁN, Barbara SPINELLI

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)

(2 b) Article 3 is replaced by the following: Member States may adopt in their legislation provisions which are more stringent than those provided for in this Directive, ~~subject to the rights conferred on residents of the Member States by Article 12 (2). CHAPTER 2 Harmonization of legislation concerning firearm~~including the complete prohibition of the possession of firearms by civilians.

2016/04/06
Committee: LIBE

2015/0269(COD)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostas CHRYSOGONOS

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 91/477/EEC
Article 4 – paragraph 2

For the purposes of identifying and tracing each assembled firearm, firearm component, or ammunition, Member States shall, at the time of manufacture of each firearm or at the time of import to the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.

2016/04/06
Committee: LIBE

2015/0269(COD)

Marina ALBIOL GUZMÁN, Barbara SPINELLI, Kostas CHRYSOGONOS

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2

The marking shall be ~~affixed to the receiver of the firearm~~visible on the firearm, its components and the ammunition.

2016/04/06
Committee: LIBE

Martina ANDERSON, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Cornelia ERNST

Proposal for a regulation
–

– The European Parliament rejects the Commission proposal.

2016/05/17
Committee: LIBE

2014/2257(INI)

Draft opinion
Paragraph 1

1. Considers the European Citizens’ Initiative (ECI) to be the first ~~direct democratic instrument~~instrument of participatory democracy to enable citizens to become actively involved in the framing of European policies and legislation;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 2

2. Recalls that, in previous resolutions and annual reports prepared by the Committee on Petitions, Parliament pointed out the weaknesses of the existing legal framework ~~and th~~, the problems regarding certain requirements that are hard to meet, and the excessive bureaucratic burdens in the practical running of the ECI owing to a lack of IT support and disparate use in the national administrations; calls for simplified and harmonised personal data requirements and procedures;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 3

3. Expresses its concern about the low percentage of successful initiatives and the dramatic decrease in the number of new initiatives; points out that this low percentage is the result of disproportionate requirements, and regrets the fact that, because initiatives have had no legislative impact, and because a number of successful ones have been rejected by the Commission, use of the instrument is being discouraged; stresses that the European institutions and the Member States must take all necessary steps – including a review of the requirements for an initiative to be deemed successful – to promote the ECI and to foster citizens’ confidence in this tool; believes that the instrument ~~still has~~, once the ECI Regulation has been revised, may have the potential to engage the public and to promote dialogue among citizens and between citizens and EU institutions; welcomes the fact that some ECIs have managed to have an impact at local level;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 7

7. Calls on the Commission to ensure transparency in the decision-making process and clarify the procedure for legal admissibility; invites the Commission to respond to successful ECIs with more concrete actions and a higher level of involvement;

2015/05/18
Committee: PETI

2014/2254(INI)

Draft opinion
Recital B

B. whereas almost one third of petitions received by Parliament relate to alleged breaches of fundamental rights referred to in the Charter, touching on issues such as citizenship, the four freedoms, employment, economic circumstances, justice systems, voting rights and democratic participation, transparency in decision-making, disability and children’s rights; whereas some of those petitions raise questions related to health issues and ~~worsened~~to serious shortcomings in universal access to health care and public health care services as a direct consequence of ~~the economic crisi~~cuts in public spending and the austerity measures; whereas petitions should serve as an instrument ~~for~~helping to guarantee~~ing~~ citizens their fundamental rights;

2015/03/18
Committee: PETI

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital C

C. whereas the ~~economic crisis and the general measures taken as a result thereof~~measures based on cuts in public services, abolition of labour rights, privatisation and restrictions on public spending, which have supposedly been taken to cope with the economic crisis, have also had an impact on universal access to quality state education, the right to fair ~~and~~work in decent working conditions and the right to ~~property~~have access to housing;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Citation 18 a (new)

– having regard to the judgment of the Court of Justice of the European Union of 8 April 2014 in joined cases C-293/12 and C-594/12 (Digital Rights Ireland and Seitlinger and Others), which annulled Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC,

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Citation 23

– having regard to the work, annual reports and studies of the FRA and the EIGE,

2015/05/18
Committee: LIBE

2014/2254(INI)

Draft opinion
Paragraph 1 – point 1 (new)

(1) Regrets that laws are being sponsored in a number of Member States which make proper compliance with the Charter of Fundamental Rights difficult or impossible, on account of how they restrict freedom of assembly, association and speech and the right to collective bargaining and action;

2015/03/18
Committee: PETI

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 1 a (new)

1a. Regrets and condemns the legislation of a LGTBI-phobic nature passed in some Member States which restricts the right to non-discrimination on grounds of sexual orientation and free speech for lesbians, gays, transexual and bisexual people, in addition to attacking the right of all citizens to enter into a marriage and found a family;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Citation 24 a (new)

– having regard to the report by the UN special rapporteur on the human rights of migrants, published in April 2013, on ‘Management of the external borders of the European Union and its impact on the human rights of migrants’,

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Citation 24 b (new)

– having regard to the UN Human Rights Council Resolution of 26 June 2014 calling for the establishment of an open- ended intergovernmental working group with the aim of drawing up ‘an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights’,

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Citation 25 a (new)

– having regard to its resolution of 4 July 2013 on the US National Security Agency (NSA) surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ privacy, in which it instructed its Committee on Civil Liberties, Justice and Home Affairs to conduct an in-depth inquiry into the matter, and to its resolution of 12 March 2014 on the NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights,

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 2

2. Stresses that the role of the Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to the full and correct application of laws, in particular with a view to protecting citizens’ fundamental rights; regrets therefore that the Commission pleads lack of competence in numerous replies to petitions complaining of a possible breach of fundamental rights;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Citation 25 b (new)

– having regard to its resolution of 25 November 2014 on seeking an opinion from the Court of Justice on the compatibility with the Treaties and the EU Charter of Fundamental Rights of the EU-Canada PNR Agreement,

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Citation 25 c (new)

– having regard to its resolutions of 11 September 2012 and 10 October 2013 on alleged transportation and illegal detention of prisoners in European countries by the CIA,

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 2 – point 1 (new)

(1) Recalls that the guarantee of respect for fundamental rights also extends to citizens of non-EU countries when on EU territory, and that summary returns, indefinite detention in immigrant detention centres or denial of basic healthcare all breach precepts laid down in the Charter of Fundamental Rights;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Citation 25 d (new)

– having regard to its resolutions on the Guantanamo detention centre,

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Citation 25 e (new)

– having regard to its studies into the impact of the crisis on fundamental rights in the Member States,

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital -A a (new)

-Aa. whereas respect for and promotion of human rights, fundamental freedoms, democracy and the values and principles enshrined in EU treaties and international human rights instruments (UDHR, ECHR, ICCPR, ICESCR, etc.) are obligations on the Union and its Member States and must be central to European integration;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital -A b (new)

-Ab. whereas those rights must be guaranteed for everyone living in the EU, including in response to abuse and acts of violence by authorities at whatever level;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 4

4. Recalls that the portability of social security benefits, pensions and health care is important in ensuring the full accomplishment of fundamental rights and civil liberties~~, including on the basis of the achievement of worker mobility~~;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Recital A a (new)

Aa. whereas the EU and its Member States are engaged in a global process of moving towards new sustainable development objectives under which human rights are universal, indivisible and inalienable;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital A b (new)

Ab. whereas the Charter of Fundamental Rights became a fully fledged component of the Treaties when the Treaty of Lisbon came into force, and is therefore now legally binding on the institutions, agencies and other bodies of the EU and on the Member States when EU legislation is applied; whereas a genuine fundamental rights culture must be developed, fostered and strengthened in EU institutions, but also in the Member States, in particular when they apply EU law domestically and in their relations with non-EU countries;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital A c (new)

Ac. whereas the implementation of these values and principles must also be based on effective monitoring of respect for the fundamental rights guaranteed in the Charter, for example when legislative proposals are being drawn up;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital A d (new)

Ad. whereas the EU’s credibility in its external relations will be bolstered by increasing consistency between its internal and external policies in relation to human rights; whereas the EU's human rights policy is being restricted, and even contradicted, by diplomatic, political or economic considerations, creating double standards which damage all EU policies in this field and are contradict a universal vision of human rights and the EU's principles and values;

2015/05/18
Committee: LIBE

2014/2254(INI)

Draft opinion
Paragraph 5

5. Calls on the Member States and the Commission, when proposing legislation, to ~~strike a balance between~~bear in mind that counter- terrorism measures ~~and the protection~~may never result in any breach of fundamental rights;

2015/03/18
Committee: PETI

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 6

6. Calls on the Commission and the Member States to ensure that fundamental rights are ~~proper~~really respected, guaranteed, applied and developed ~~further~~.

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Recital C a (new)

Ca. whereas the importance of social fundamental rights is acknowledged in Articles 8, 9, 10, 19 and 21 of the EU Charter of Fundamental Rights, as it is in the case law of the Court of Justice of the EU, thus underscoring the fact that those rights, and in particular trade union rights, the right to strike, right of association and right of assembly, must be given the same safeguards as the other fundamental rights acknowledged by the Charter;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital C b (new)

Cb. whereas being unemployed, poor or socially marginalised has major consequences as regards gaining and exercising fundamental rights and means that people in such vulnerable positions must continue to have access to basic services, in particular welfare services and financial services;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital G

G. whereas ~~many~~there are more and more fundamental rights violations ~~still occur~~ in the EU and in Member States, as ~~pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN~~evidenced, for example, by the judgments of the European Court of Human Rights and as pointed out in (annual and special) reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; whereas the responses of the Commission, Council and Member States are falling short of what is required, given the gravity of these recurrent violations;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital G a (new)

Ga. whereas personal data protection provisions should uphold the principles of purpose, necessity and proportionality, including in the context of negotiations and the conclusion of international agreements, as pointed up by the European Court of Justice judgment of 6 April 2014 quashing Directive 2006/24/EC and by the opinions of the European Data Protection Supervisor;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital G b (new)

Gb. whereas the rapid pace of change in the digital world (including increased use of the internet, apps and social networks) necessitates more effective safeguards for personal data and privacy in order to guarantee confidentiality and protection;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Recital G c (new)

Gc. whereas almost 3 500 migrants died or went missing in 2014 while attempting to reach Europe, bringing the total number of dead and missing over the last 20 years to nearly 30 000; whereas, according to the International Organisation for Migration, the migratory route towards Europe has become the world's most dangerous route for migrants;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 6 a (new)

6a. Expresses concern at the alarming increase in the number of violations of fundamental rights in the EU, in particular in the areas of immigration and asylum, discrimination and intolerance – especially towards certain communities – and in the number of instances of attacks being carried out and of pressure being exerted on the NGOs which defend the rights of these groups and communities; notes Member States’ unwillingness to ensure that these fundamental rights and freedoms are observed, in particular as regards Roma people, women, the LGBTI community, asylum seekers, immigrants and other vulnerable groups;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 6 c (new)

6c. Expresses concern that in the name of fighting terrorism the public authorities are more and more frequently resorting to administrative measures that are incompatible with the principles and procedures which underpin the rule of law and that policies devised to combat terrorism are being used to address a growing number of crimes and offences, giving rise in particular to an increase in the number of summary judicial proceedings and the imposition of minimum sentences that must be served in full; emphasises the need for EU agencies operating in the field of security and intelligence to uphold fundamental rights, and calls for a revision of the laws governing these EU and Member State agencies which focuses, in particular, on judicial review prior to the imposition of penalties, parliamentary scrutiny, the right of appeal and the right to rectify data;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 6 d (new)

6d. Calls on the Council, the Member States concerned and the Commission to respond to Parliament’s recommendations on the consequences of letting the CIA programme operate in some Member States;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 6 e (new)

6e. Calls, at the very least, in view of the violations of the right to data protection and the right to privacy which were committed as part of the NSA-Prism programme and uncovered by Edward Snowden, for the various agreements concluded with the USA in particular to be suspended, as they are not compatible with the data protection and privacy standards laid down by the EU and the Council of Europe; criticises the fact that the files held by institutions are not only multiplying, but are increasingly being used for purposes which bear no relationship to those for which they were originally intended; expresses concern for citizens’ rights in the context of the conservation and accessing of electronic communications data;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 6 f (new)

6f. Expresses serious concern at the difficulty most internet users have in ensuring that their rights are respected on the internet and in the digital sphere; condemns the delay in adopting the revised EU legislation on data protection and the failure on the part of the EU and its Member States to push for the creation of an international framework to protect human rights in the digital sphere;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 6 g (new)

6g. Deplores the pressure placed on private companies by both public and private bodies to hand over internet users’ data, control internet content or jeopardise the principle of net neutrality;

2015/05/18
Committee: LIBE

2014/2254(INI)

Ernest URTASUN, Jan Philipp ALBRECHT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Miguel URBÁN CRESPO

Motion for a resolution
Paragraph 7 a (new)

7a. Is concerned about the recent laws approved in some Member States such as the new Spanish law on Citizenship Security 4/2015, increasing repression measures against social movements and demonstrations thus jeopardizing the right of assembly and of association as established in the Article 12 of the Fundamental Right Charter of the European Union. Calls on the Spanish Government to repeal the law;

2015/05/12
Committee: LIBE

2014/2254(INI)

Ernest URTASUN, Jan Philipp ALBRECHT, Marina ALBIOL GUZMÁN, Cornelia ERNST, Miguel URBÁN CRESPO

Motion for a resolution
Paragraph 7 a (new)

7a. Is concerned about recent ruling by the Spanish Supreme Court number 161/2015 condemning to three years of prison 8 activists who were demonstrating against the new budgetary cuts of the Catalan Government;

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Cornelia ERNST, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 7 b (new)

7b. Condemns the weakness of the response by the Commission and Member States to revelations by Edward Snowden of massive spying operations using Internet and telecommunications networks as part of the NSA-PRISM programme targeting European countries also and is concerned their failure to enforce measures to protect European citizens or of third-country nationals living in Europe; regards it as urgent and imperative for the EU and its Member States to adopt a whistle-blower protection scheme;

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 7 c (new)

7c. Reaffirms freedom of thought, conscience, religion, belief and non- belief, and freedom to practise the religion of one’s choice and to change religion; condemns any form of discrimination or intolerance and believes that secularism, defined as strict separation between political and religious authorities, is the best means of guaranteeing non- discrimination and equality between religions and between believers and non- believers, whether they be atheists, agnostics, deists, etc.;

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 7 d (new)

7d. Condemns severely failure to respect principle of free movement of persons at all times and in particular the discriminatory nature of such infringements, targeting in particular those designated as ‘Roma’; calls on the Member States to honour their obligations under the Treaties regarding freedom of movement; calls on the Commission to undertake systematic and thorough monitoring of respect for this fundamental right;

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 8 a (new)

8a. Condemns in particular the discrimination and persecution that Roma suffer; notes with satisfaction that the Council recommendation on effective Roma integration measures in the Member States has been adopted, but greatly deplores the fact that there has, for the most part, been no real progress in Member States and condemns the repeated violations of Roma people’s rights, their expulsion from their living space, racist and xenophobic prejudices and speech, and the violence against Roma and the feebleness of the response which such persecution elicits from the political authorities, both at EU level and in most Member States;

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 10 a (new)

10a. Urges the EU to adopt a directive condemning discrimination based on gender and seeking to counteract gender prejudices and clichés in education and the media;

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 10 b (new)

10b. Condemns the growing phenomenon of human trafficking, especially for sexual exploitation, and calls on the EU and its Member States to take measures, in accordance with the EU directive, to combat the demand for exploitation that is fuelling trafficking in all its forms;

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 10 c (new)

10c. Calls on the Member States to ensure that women victims of gender-based persecution genuinely have access to international protection; calls on the Member States follow the Commission guidelines for the implementation of Directive 2003/86/EC on the right to family reunification, including the immediate issue of a residence permit valid in its own right to family members who have entered for reasons of family reunification when there are particularly difficult circumstances, such as domestic violence;

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Subheading 3 a (new)

Combating racism

2015/05/12
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 13

13. ECondemns in the strongest possible terms racial hate speech and remarks stigmatising groups of people on the basis of their social, cultural, religious or foreign origin; expresses its concerns regarding the small number of 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; calls for a review of the framework decision on racism and xenophobia;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 13 a (new)

13a. Is deeply concerned at the numerous instances of mistreatment by police forces, particularly regarding the disproportionate use of force against peaceful demonstrators, violations of press freedom, and the small number of police and judicial investigations in this area; is also alarmed at the increase in the use of non-lethal weapons in the policing of demonstrations; notes out that demonstrating is a fundamental right and that police forces are principally there to serve the safety and protection of individuals; calls on the Member States not to adopt measures that call into question or even criminalise the exercise of fundamental rights and freedoms such as the rights to demonstrate and strike, the rights of meeting and association and the right of free expression, and calls on them to take measures to ensure that the use of force remains exceptional and duly justified by a real and serious threat to public order; calls on Member States to put an immediate end to police checks based on racial profiling;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 13 d (new)

13d. Stresses that the European Union and its Member States must respect the non-refoulement principle and the right of all asylum seekers to have access to an asylum procedure at both sea and land borders; condemns violations of these fundamental rights at borders; calls on the Commission to monitor compliance with these rights by Member States and to launch infringement proceedings in the event of non-compliance;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 13 b (new)

13b. Roundly condemns the security protection at the EU’s borders, which now sometimes even takes the form of walls and barbed wire, and the lack of legal routes for entering the European Union, which results in many asylum seekers and migrants being forced to resort to increasingly dangerous methods, placing them at the mercy of people-smugglers and traffickers;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 14 – introductory part

14. Deplores the ~~repeated and tragic losses of life in the Mediterranean; reiterates the need to make every possibl~~fact that large numbers of asylum seekers and migrants seeking to reach the European Union are continuing to die in the Mediterranean; reminds Member States of their international obligations to help persons in distress at sea and respect the principle of non- refoulement, and of the need to make efforts to:

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 14 – indent 2

– ~~improve legal avenues open to refugee~~create legal and safe avenues for asylum-seekers, including the granting of humanitarian visas, the abolition of airport transit visas used by some Member States, the application of the procedural guarantees provided for in the Community Code on Visas and the activation of Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 14 – indent 3 a (new)

– carry out an in-depth assessment of the impact on migrants’ rights of interception and control mechanisms, such as Frontex, Eurosur and external cooperation on migration and border management with neighbouring countries;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 14 a (new)

14a. Calls for the current readmission agreements to be suspended and for the negotiations on new readmission agreements also to be suspended until the assessment of those agreements has been concluded; calls on the Commission to provide a tangible follow-up to its 2011 report criticising the EU’s readmission measures and agreements with non-EU countries; condemns the fact that the conclusion of visa liberalisation or partnership agreements with non-EU countries is increasingly often tied to the conclusion of a readmission agreement;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 14 e (new)

14e. Stresses the negative impact which the Dublin Regulation has on effective access to international protection in the absence of a genuine common European asylum system, particularly in light of ECJ and ECHR case law; condemns the fact that the revision of the Regulation did not lead to its suspension, or at least the abolition of return to the first country of entry into the EU, and the absence of action by the Commission and the Member States on a possible alternative based on solidarity between Member States;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 14 f (new)

14f. Stresses the importance of democratic control of EU external cooperation; notes, in this regard, that Parliament must give its agreement, in accordance with the consent procedure, to any external cooperation agreement concluded between Frontex and a non-EU country, and monitor its implementation on the basis of an in-depth and regular assessment of its impact on the human rights of migrants and refugees; strongly opposes the signing of any external cooperation agreement with non-EU countries in which human rights are not respected; calls for the immediate suspension of the negotiations begun with countries in the Horn of Africa in the context of the Khartoum Process;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 14 f (new)

14f. Denounces laws under which ships’ captains who provide assistance to migrants in distress at sea are prosecuted and have their vessels confiscated, and demands a review of those laws as well as those penalising airlines which do not carry out police work; calls on the European Union and the Member States to implement the recommendations made in the report adopted by the Parliamentary Assembly of the Council of Europe in April 2012 entitled ‘Lives lost in the Mediterranean Sea: who is responsible?’;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 14 e (new)

14e. Calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 15 a (new)

15a. Condemns the use of prisons, police stations and cells/enclosed areas in international airports, train stations and ports, as well as so-called ‘reception centres’, in particular at the external borders of the EU, for the purposes of detaining migrants and asylum-seekers;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 15 b (new)

15b. Calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum-seekers in numerous Member States, and urges the Commission to propose a revision of Regulation 862/2007 so that it will include statistical data on the operation of detention systems and facilities;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 15 c (new)

15c. Stresses the importance of democratic control of all forms of deprivation of liberty pursuant to the laws on immigration and asylum; calls on Members of the European Parliament and of national parliaments to pay regular visits to reception and detention centres for migrants and asylum-seekers and calls on the Member States and the Commission to facilitate access to these centres for NGOs and reporters;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 16 a (new)

16a. Calls on the Commission and the EU agencies (EASO, Frontex and Eurostat) to be particularly vigilant over the compilation and use of statistical data and figures when quantifying migration flows; points out, in this regard, that all such data must always be used in context; is particularly concerned at the fact that some of these statistics, especially where percentages are used, are increasingly being manipulated in such a way as to cause alarm, or are being taken out of context;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 17

17. ~~Deplores the way in which the financial and economic crisis and the measures taken~~Roundly condemns the effects of the austerity policies adopted ostensibly in response to the economic and financial crisis, which have led to violations of economic, social and cultural rights, specifically the right to employment, the right to social security, the right to dheal ~~with it have had an impact – in some cases a drastic one – on economic, social and cultural rights, resulting in poverty, exclusion and isolation~~th, the right to housing, and the right to education, resulting in increased instances of poverty, precarious living conditions, atypical work, exclusion, and isolation, so much so that, as a recent Eurostat note points out, one European in four is today at risk at poverty and exclusion; points out that extremely poor living conditions affect women, children, and the elderly in particular and translate into a great deal of hardship and numerous violations of fundamental rights and freedoms;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 17 a (new)

17a. Roundly condemns the fact that violations of these kinds are being combined with policies criminalising poverty in several Member States, especially where the homeless are concerned:

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 17 b (new)

17b. Condemns the fact that, at a time when economic and social rights are being destroyed, politicians are jeopardising universal access to entitlements and calling for specific groups, including migrants and asylum- seekers, to be excluded; condemns the utterances of politicians seeking to make scapegoats of those groups;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 18

18. Emphasises that, in Member States subject to economic adjustment programmes, the EU institutions are also responsible for the associated conditions and consequences; stresses that the EU institutions are always under an obligation to observe the Charter, even when acting outside the framework of EU law;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 19

19. Calls on the EU institutions to look into the impact on fundamental rights and freedoms, and on working conditions and pay, of the measures proposed or implemented to deal with the crisis and to take remedial action immediately;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 20

20. Calls on the EU institutions, when adopting and implementing austerity measures, to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of economic and social rightsMember States to adopt policies predicated on social equality and solidarity in order to guarantee economic and social rights for all and combat the inequalities affecting the most disadvantaged;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 20 a (new)

20a. Deplores the fact that many Member States have imposed restrictions on the freedom to demonstrate and freedom of association in response to protests against austerity policies, one example being Spain and the adoption of its Security Act, and calls on Member States to fully respect fundamental rights as set out in the ECHR and the Charter of Fundamental Rights;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Subheading 5 a (new)

Citizenship

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 20 b (new)

20b. Points to the need to enable civil society to participate fully in decision- making at European level, this being guaranteed by Article 11 of the Treaty on European Union, and stresses the importance of the principles of transparency and dialogue;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 20 c (new)

20c. Condemns the fact that more than 15 million nationals of non-EU countries and 500 000 stateless persons are being discriminated against on account of the refusal to recognise their citizenship; calls on the EU and its Member States to respect the fundamental right to citizenship and in particular calls on the Member States to ratify, and give full effect to, the 1961 Convention on the Reduction of Statelessness and the 1997 European Convention on Nationality;

2015/05/19
Committee: LIBE

2014/2254(INI)

Marie-Christine VERGIAT, Dennis de JONG, Kostas CHRYSOGONOS, Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Motion for a resolution
Paragraph 22

22. Deplores the conditions in the prisons and other custodial institutions of numerous Member States; regards it as essential that the EU should adopt an instrument which guarantees that the recommendations of the European Committee for the prevention of torture and inhuman or degrading treatment and punishment (CPT) and the judgments of the ECtHR are implemented; calls on the Member States to pay particular heed to the fact marginalised persons or groups, or those who are discriminated against, can be placed in situations of great vulnerability;

2015/05/19
Committee: LIBE

2014/2253(INI)

Draft opinion
Paragraph 2

2. Welcomes the fact that the Commission is attaching ever more importance to petitions as a source of information on citizens’ complaints and potential infringements of EU law in its actual implementation, as evidenced by the fact that the two annual reports paid particular attention to petitions; notes that this has been accompanied by a corresponding increase in the number of petitions that were forwarded by the Committee on Petitions to the Commission with requests for information; regrets, however, the delays in receiving responses from the Commission regarding numerous petitions, when it is asked to give an opinion;

2015/04/01
Committee: PETI

2014/2253(INI)

Draft opinion
Paragraph 3

3. Points out that petitions submitted by EU citizens refer to violations of EU law, particularly in the fields of fundamental rights, a lack of transparency and the environment; considers that petitions give evidence of the fact that there are still frequent and widespread instances of incomplete transposition or misapplication of EU law;

2015/04/01
Committee: PETI

2014/2253(INI)

Draft opinion
Paragraph 7

7. Notes that the EU Pilot procedure is fully operational in all Member States and has produced ~~impressiv~~acceptable results so far, in particular with regard to the gathering of information and the improvement of the specific situation causing concern to citizens, as indicated by the reduced number of infringement procedures; points out with concern that 11 Member States habitually exceed the ten-week limit within which they are supposed to reply to the Commission;

2015/04/01
Committee: PETI

2014/2253(INI)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Kostas CHRYSOGONOS

Draft opinion
Paragraph 8 – point a

(a) improved communication between the two parties, in particular with regard to the initiation and progress of infringement procedures by the Commission, including the EU Pilot procedure, especially with regard to petitions,

2015/04/01
Committee: PETI

2014/2243(INI)

Draft opinion
Recital A a (new)

Aa. whereas there is the risk that RPAS may be used by public authorities or private companies to conduct mass surveillance of the population or to monitor certain areas such as borders or places where protests take place;

2015/06/15
Committee: LIBE

2014/2243(INI)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Kostas CHRYSOGONOS

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission to ensure that neither European Agencies nor Member States use RPAS for purposes related to surveillance of people or territories;

2015/06/15
Committee: LIBE

2014/2243(INI)

Marina ALBIOL GUZMÁN, Marie-Christine VERGIAT, Kostas CHRYSOGONOS

Draft opinion
Paragraph 3 b (new)

3b. Calls on the Commission to ensure that RPAS are not used in order to interfere with fundamental rights such as privacy, freedom of movement or protest;

2015/06/15
Committee: LIBE

2014/2243(INI)

Draft opinion
Paragraph 5

5. Strongly recommends that the current discussions between EU and national policy makers and regulators, industry, SMEs and commercial operations should be opened up and that a public debate should be launched with the participation of citizens and other relevant stakeholders such as civil rights organizations, to take note and address the concerns related to the use of RPAS.

2015/06/15
Committee: LIBE

2014/2239(INI)

Draft opinion
Paragraph 1 a (new)

1a. Reiterates the commitment of the Committee on Petitions to give voice to petitioners on issues concerning fundamental rights; reminds that petitioners of the ECI R2W have expressed their agreement to declare water as a human right guaranteed at EU level, on the basis of the UN General Assembly Resolution 64/292;

2015/04/20
Committee: PETI

2014/2239(INI)

Draft opinion
Paragraph 3 a (new)

3a. Recalls that Directive 2006/123/EC on services in the internal market had already received a strong opposition from civil society in many aspects, including the matters related to services of general economic interest like water distribution and supply services as well as waste water management; reminds that eventually EU institutions were forced to include these sectors into services which cannot be liberalised;

2015/04/20
Committee: PETI

2014/2239(INI)

Draft opinion
Paragraph 4

4. Notes that every year its Committee on Petitions receives a significant number of petitions from ~~EU citizens~~many EU countries, especially from Spain, Portugal, Greece, Ireland, Germany and Italy, expressing their concerns about water supply as well as its quality and waste- water management; considers that these petitions demonstrate a genuine interest on the part of citizens in thorough enforcement and further development of water-related EU legislation;

2015/04/20
Committee: PETI

2014/2239(INI)

Draft opinion
Paragraph 5

5. Urges the Commission to take the citizens’ concerns and warnings in such petitions seriously and to act upon them, in particular when there is still time to prevent pollution and mismanagement; reminds that a growing amount of petitions regarding the TTIP negotiation and opposition to include essential public services like water and sanitation in it is observed by the Committee;

2015/04/20
Committee: PETI

2014/2233(INI)

Draft opinion
Paragraph 2

2. ~~Recognises that private investments and finance are likely to be the key engine for growth, which is projected to be approximately 5 % in developing countries in the coming years; e~~Emphasises that the future ~~public-private~~ partnerships ~~(PPPs)~~ within the post-2015 development agenda must have a greater focus on poverty reduction;

2015/03/30
Committee: DEVE

2014/2233(INI)

Draft opinion
Paragraph 2 e (new)

2e. Rejects public-private partnerships (PPPs) as a mechanism which is used to enforce developing countries to privatise state-run utilities and transfer the responsibility for improving public services into private hands;

2015/03/30
Committee: DEVE

2014/2233(INI)

Draft opinion
Paragraph 3

3. Notes that properly structured and efficiently implemented PPPs can bring many benefits such as innovation; outlines that PPPs in developing countries are so far concentrated mostly in the energy and telecommunications sectors, whereas private engagement in social infrastructure remains rare;deleted

2015/03/30
Committee: DEVE

2014/2233(INI)

Draft opinion
Paragraph 3 d (new)

3d. Underlines that developing governments' capacities as regulator must be strengthened to successfully achieve a sustainable development based on distributive and social justice; stresses that, opposite to the negative impacts of PPPs, which allow private partners to have their risk almost completely covered by governments by transferring the business risk to the public sector, the increase of the public-public partnership is a mechanism to rehabilitate or improve government-operated infrastructure enterprises;

2015/03/30
Committee: DEVE

2014/2233(INI)

Draft opinion
Paragraph 4 a (new)

4a. Warns that the PPPs projects make it impossible to achieve the goal of food sovereignty as the PPPs harm to small farmers by requiring developing countries to change their policies to facilitate the expansion of agribusiness and land grabbing in exchange of investment;

2015/03/30
Committee: DEVE

2014/2233(INI)

Draft opinion
Paragraph 5 c (new)

5c. Notes that PPPs projects are opening up developing countries' health sector to the private sector what means a diversion of the scare public funds from primary healthcare services instead of strengthening the universal public healthcare delivery systems;

2015/03/30
Committee: DEVE

2014/2233(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 7

~~7. Considers it indispensable to increasingly engage with both local and European SMEs in PPPs;~~deleted

2015/03/30
Committee: DEVE

2014/2228(INI)

Draft opinion
Recital A a (new)

Aa. whereas the European Union is bound by Article 2 of the Treaty on European Union, inter alia, to the values of democracy and the rule of law;

2015/01/29
Committee: LIBE

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A b (new)

Ab. whereas both Article 1 and Article 10 (3) of the Treaty on European Union stipulate that "decisions shall be taken as openly and as closely as possible to the citizen";

2015/01/29
Committee: LIBE

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A c (new)

Ac. whereas the European Ombudsman has opened, on 29 July 2014, an own- initiative inquiry concerning the European Commission's dealing with requests for information and access to documents in relation to the TTIP negotiations1 c ; whereas the case was closed on 6 January 2015; __________________ 1c Case OI/10/2014/RA

2015/01/29
Committee: LIBE

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Sabine LÖSING, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph A a (new)

Aa. asks the Commission to oppose to TTIP and all other neoliberal free trade agreements, as they have, among other reasons, harmful economic , social and environmental consequences on developing countries;

2015/02/02
Committee: DEVE

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A d (new)

Ad. whereas Members of the European Parliament depend on leaked documents when scrutinizing the negotiations for TTIP;

2015/01/29
Committee: LIBE

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A a (new)

Aa. having regard to the outcome of the public consultation launched by the European Commission about the protection on investment protection and ISDS in the TTIP,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Recital A e (new)

Ae. whereas there is no evidence that encryption standards cause a more compelling interoperability problem than exists in relation to other ICT-standards, while their regulation makes both businesses and citizens more vulnerable to online attacks and surveillance.

2015/01/29
Committee: LIBE

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A b (new)

Ab. having regard to the letter sent by the European Union’s chief negotiator, Ignacio García-Bercero, to his American counterpart, Daniel Mullany, in which, on 5th June 2014, he stated that ‘all documents related to the negotiations will remain closed to the public for up to 30 years’.

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Recital A f (new)

Af. whereas the Union is bound by Articles 20 and 21 of the Charter to the principles of equality before the law and freedom from discrimination;

2015/01/29
Committee: LIBE

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A g (new)

Ag. whereas regulatory cooperation could prejudice legislative prerogatives of the European Parliament as well as of national parliaments and therefore have a chilling effect on the application of the values of the Union as laid out in Article 2 TEU;

2015/01/29
Committee: LIBE

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Ignazio CORRAO, Sabine LÖSING, Marina ALBIOL GUZMÁN

Draft opinion
Recital B

B. whereas the objective of the TTIP is to ~~increase trade and investment between the European Union and the United States;~~ promote the activities of large multinational corporations in the European Union and the United States, weakening the capacity of the European Union and its Member States to pass legislation which would limit the power these multinational corporations have in a deregulated free market;

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph A b (new)

Ab. Asks the Commission to comply with the approved commitments in the context of the United Nations and other competent international organisations commitments on trade issues, especially regarding human rights, women's rights, labour rights, indigenous rights, and the protection of our environment to take priority over corporate and private interests;

2015/02/02
Committee: DEVE

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Ignazio CORRAO, Marina ALBIOL GUZMÁN, Sabine LÖSING

Draft opinion
Paragraph A c (new)

Ac. Stresses the importance of universal access to quality public services, social protection, public and universal health coverage, higher labour and environmental standards;

2015/02/02
Committee: DEVE

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Ignazio CORRAO, Sabine LÖSING, Marina ALBIOL GUZMÁN

Draft opinion
Recital C

C. whereas the negotiations have attracted unprecedented ~~public interest~~social rejection and public concern, given the potential negative economic, social and political impact of the TTIP;

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph B a (new)

Ba. Calls on the Commission to conduct independent impact studies;

2015/02/02
Committee: DEVE

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Ignazio CORRAO, Sabine LÖSING, Marina ALBIOL GUZMÁN

Draft opinion
Recital D

D. whereas the Committee on Petitions has received ~~a number of petitions raising concerns about~~many petitions, most of them expressing their concerns and rejection of the EU-US trade agreement (TTIP); whereas the petitioners’ main ~~concerns~~areas of concern and rejection are related to risks regarding the quality of food imports, information allegedly collected by the US regarding natural and legal persons (the right of EU citizens to ‘digital self- determination’), transparency, negative economic impact, ~~and protection of investors via~~consequences on employment, public services, social and workers’ rights, animal welfare and the loss of democratic sovereignty due to the Investor- State Dispute Settlement mechanism (ISDS);

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph B b (new)

Bb. Urges the Commission to increase transparency and democratic accountability on TTIP´s negotiation process and on all trade policies by conducting formal consultations with civil society organisations;

2015/02/02
Committee: DEVE

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Ignazio CORRAO, Marina ALBIOL GUZMÁN, Sabine LÖSING

Draft opinion
Paragraph C

C. ~~Is of the opinion that~~Asks the Commission to consider that, if approved, the effect of the TTIP on developing countries will vary depending on their economic structure and current trade relations~~; sees, however,~~ and that risk increasing international trade asymmetric relations and take measures to minimize the potential serious risk of diminished market access and resulting trade diversion for some countries; and asks to recognise the common but differentiated responsibilities for developing countries;

2015/02/02
Committee: DEVE

2014/2228(INI)

Draft opinion
Recital D a (new)

Da. whereas 97% of the citizens who participated in the public consultation launched by the European Commission about investment protection rejected the inclusion in the TTIP of the ISDS instrument to settle disputes between investors,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 1 – point 1 (new)

(1) Asks the Commission to oppose TTIP and all other neoliberal free trade agreements, as they have, among other reasons, harmful economic and social consequences which will affect negatively the citizens' rights and civil liberties, as well as the democratic standards of the European Union.

2015/01/29
Committee: LIBE

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital D b (new)

Db. whereas, in the context of these negotiations, more than 90% of the meetings the European Commission has had with social and economic actors have been with the representatives of large corporations and less than 10% of them have been with representatives of unions, NGOs, or social organisations,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Commission to propose that the human rights clause should include: – Confirmation of states obligations under the Universal Declaration of Human Rights and other relevant international human rights instruments including, but not limited to, the European Convention on Human Rights and the International Covenant on Civil and Political Rights; – Assurance that state parties will interpret the provisions in the agreement in accordance with international human rights law; – Assurance that none of the obligations arising from the agreement will have the effect of modifying the obligations to respect, protect, and fulfil fundamental rights in the EU; – An exception permitting parties to suspend their obligations arising from the agreement if there are grounds to believe that it will result in a breach of fundamental rights; – A mechanism putting forward periodic human rights impact assessments to be conducted jointly by a designated committee of the US Congress and the European Parliament; – A mechanism to bring complaints in front of national courts in order to initiate an investigation by the designated authority into human rights disputes arising under the agreement; – Procedures to ensure that citizens have equality before the law; – Assurance that the Parties to the agreement will not in any way whatsoever relatively privilege their own citizens, or otherwise discriminate against non- citizens, merely according to their citizenship status in any matter affected by this agreement, concerning public order, national security, crime or grounds of important public interest; such as internationally recognised labour standards, environment, public health or food safety standards; – An accessible mechanism to impose sanctions when fundamental rights and standards are abused and dialogue or mediation have been exhausted;

2015/01/29
Committee: LIBE

2014/2228(INI)

Draft opinion
Recital D c (new)

Dc. whereas, after research, the European Ombudsman expressed her concerns about the lack of transparency and public participation in the negotiations of the TTIP,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Recital D d (new)

Dd. whereas more than one and a half million European citizens, supported by more than 320 civil society organisations, have supported a European Citizens’ Initiative opposing TTIP and CETA.

2015/03/25
Committee: PETI

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital D e (new)

De. whereas not all MEPs have the right to access the reading rooms where some of the documents included in the negotiation can be read; and the conditions imposed on those who can access them make a meaningful consultation practically impossible,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Commission to take immediate measures to ensure that in particular the recommendation for the development on a European strategy for IT independence and an EU cyber strategy, as included in the European Parliament resolution of 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens' fundamental rights and on transatlantic cooperation in Justice and Home Affairs, are implemented;

2015/01/29
Committee: LIBE

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Ignazio CORRAO, Sabine LÖSING, Marina ALBIOL GUZMÁN

Draft opinion
Recital D f (new)

Df. whereas the defence of the interests of European citizens in the negotiations may have been badly affected by the mass surveillance of millions of European citizens, as well as their political representatives, carried out by the United States’ National Security Agency.

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph D

D. Stresses that the majority of developing countries benefit from some degree of tariff preferences from the EU and the USA, with margins likely to be significantly affected by the TTIP; underlines that adaptation to new sets of norms and standards ~~is not necessarily negative, but that it is~~which are essential to alleviate the cost of compliance (especially for SMEs) and must be aligned with developing countries sovereign policy strategies;

2015/02/02
Committee: DEVE

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Ignazio CORRAO, Sabine LÖSING, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 1

1. Underlines th~~e importance of~~at developing the trade relationship and bilateral investment between the European Union and the United States of America in order to help ~~growth and~~a sustainable growth and the creation of quality employment and generate new economic opportunities; cannot lead to damaging our public services in any way, reducing labour rights, deregulating our legislation in the areas of environmental, food protection and animals welfare, or threaten basic democratic rights such as public participation in decision-making, transparency, or the sovereignty of states to regulate their own economy,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph D a (new)

Da. Asks the Commission to respect developing countries governments and parliaments right to regulate investment and to ensure obligations and duties on all investors, including foreign, so that labour, environmental, human rights and other standards are respected;

2015/02/02
Committee: DEVE

2014/2228(INI)

Draft opinion
Paragraph 1 a (new)

1a. Asks the European Commission to terminate the negotiations on TTIP immediately because of the lack of democratic safeguards, transparency, and public participation they entail,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 2

2. W~~elcomes~~arns that with the objective of reducing unnecessary regulatory incompatibilities between the EU and the USA in relation to goods and services, ~~such as duplication of procedures, inconsistent~~the basic guarantees established by European legislation in food safety and pharmaceutical products requirements a~~nd double testing;~~re being put at risk,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 2 a (new)

2a. Calls the European Commission to oppose TTIP because of the pernicious political, economic, social and environmental consequences we have been warned about in many petitions,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 2 b (new)

2b. Calls the European Commission to oppose the inclusion of the Investor-State Dispute Settlement (ISDS) in the TTIP if the negotiations were to continue,

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 3

3. Notes that regulatory compatibility is to be without prejudice tof public services or the right to regulate in accordance with the level of health, ~~safety, consumer, labour and~~access to medicines, data protection, labour rights, consumers rights, environmental protection, animal welfare and cultural diversity that each side considers appropriate;

2015/03/25
Committee: PETI

2014/2228(INI)

Lola SÁNCHEZ CALDENTEY, Marina ALBIOL GUZMÁN, Sabine LÖSING

Draft opinion
Paragraph 4

4. Stresses the importance of the mobility package, considering the visa facilitation for European service and goods providers to be one of the key elements in taking full advantage of the TTIP agreement, and requests that it is extended to citizens of third countries residing in the European Union or the United States, while protecting labour rights and securing quality employment throughout the territory;

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph F

~~F. Sees, however, the potential of the TTIP to promote the highest global standards of this century on decent work, environmental protection, and food and product safety.~~deleted

2015/02/02
Committee: DEVE

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 5

5. Welcomes the fact that the Commission has made real efforts to make the TTIP negotiating process more transparent, especially in the light of the publication of the European directives for the negotiation on the TTIP (1103/13 CL 1);deleted

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to respect the responses to the public consultation carried out by the Commission itself, indicating an overwhelming opposition to ISDS; points to the extraordinary success of the European Citizens' Initiative "Stop TTIP" that gathered 2 million signatures, notwithstanding the rejection by the Commission of this ECI.

2015/01/29
Committee: LIBE

2014/2228(INI)

Draft opinion
Paragraph 5 a (new)

5a. Condemns the lack of transparency and public participation, and the obscurantism that surrounds the negotiations of the TTIP; supports the request of the European Ombudsman that the documents agreed on in the negotiations are published as soon as they are written; and calls the European Commission to reconsider its decision of blocking and rejecting the European Citizens’ Initiative about the TTIP.

2015/03/25
Committee: PETI

2014/2228(INI)

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 6

6. ~~Suggests that a more proactive approach to transparency on the part of the Commission could make the negotiating process more legitimate in the eyes of citize~~Calls the Commission to publish all documents agreed on in the negotiations, and ~~encourages the Commission to publish documents and make meeting~~publish all information available on the TTIP;

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 7 a (new)

7a. Expects the Commission to take immediate measures to implement all recommendations made by the European Ombudsman in case OI/10/2014/RA;

2015/01/29
Committee: LIBE

2014/2228(INI)

Draft opinion
Paragraph 7

7. Asks the Commission to ensure that the list of TTIP documents available on its dedicated trade policy website is comprehensive and to facilitate the access to this information by holding regular meetings with unions, NGOs, and civil society organisations;

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 9

9. Highlights the sensitivity of certain areas of negotiation, such as the agricultural sector, where perceptions of genetically modified organisms (GMOs), ~~cloning and consumer health~~labelling information requirements, cloning, environmental requirements and all other consumer and animal health standards are divergent between the European Union and the United States;

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 10

10. Emphasises that consumer protection and compliance with higher European quality standards for foods and products ~~should be at the c~~respond to specific demands and requirementres of ~~the negotiations on the TTIP~~European citizens.

2015/03/25
Committee: PETI

2014/2228(INI)

Draft opinion
Paragraph 10 a (new)

10 a. Emphasises that respect to each state’s sovereignty and the sovereignty of the European Union itself to pass legislation and regulate the economy must be the core of TTIP negotiations.

2015/03/25
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital A

A. whereas 2 714 petitions were received in 2014, which is almost 6 % down on the figure for 2013 when 2 885 petitions were lodged with Parliament, of which petitions only 29.1 % were admissible and followed up, while 39.4 % were declared inadmissible and 30.1 % were admissible and closed;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital B

B. whereas ~~although~~ this figure is modest when compared to the EU’s total population, ~~it does nonetheless~~which indicates that the vast majority of EU citizens are not yet aware of the right to petition and ~~have expectations regarding the usefulness of the petition procedure~~its possible usefulness as a means of drawing the attention of the EU institutions and the Member States to matters which affect them and about which they are concerned;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital C

C. whereas EU citizens are ~~directly~~ represented by the only EU institution whose members may be elected by them, namely the European Parliament; whereas the right to petition gives them the means to ~~address their~~draw the attention of the elected representatives ~~directly~~;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital D

D. whereas the right to petition may strengthens Parliament’s responsiveness to EU citizens and residents, ~~providing them with~~if there is an open, democratic, inclusive and transparent mechanism at all stages of the petitions procedure;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital E

E. whereas, if taken duly into account, petitions may provide valuable feedback to legislators and executive bodies both at EU and national level;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital G

G. whereas each petition ismust be carefully assessed and dealt with and each petitioner has the right to receive a reply within a reasonable period of time;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital H

H. whereas petitions are discussed in meetings of the Committee on Petitions and whereas petitioners may take part ~~fully~~ in the discussion and have the right to present their petition along with more detailed information and thus actively contribute to the work of the Committee, providing its members, the Commission and any representatives of the Member States who may be present with additional information; whereas in 2014, 127 petitioners attended and were ~~actively~~ involved in the Committee’s deliberations;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital I

I. whereas the Committee on Petitions bases its activities on information provided by petitioners and their input during meetings, supplemented by expertise from the Commission, the Member States or other bodies of political representation;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital K

K. whereas through petitions the EU’s citizens may monitor the drawing up and application of EU law, it being possible for the former ~~being~~to be a useful source of information in regard to detecting citizens' requests and breaches of EU law, the latter especially in regard to the environment and the internal market, to fields connected to recognition of vocational qualifications and consumer protection and in the financial services sector;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital M

M. whereas the key issues of concern dealt with in petitions relate to environmental legislation (in particular issues concerning water and waste management, and hydrocarbon prospection and extraction), fundamental rights ~~(in particular the rights of the child and of the disabled)~~, free movement of persons, various forms of discrimination (, immigration, e~~thnic, cultural or language-based grounds in particular), visas, immigration, employment~~mployment, negotiations on the Transatlantic Trade and Investment Partnership (TTIP), animal welfare, the application of justice, and many other areas of activity;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital N

N. whereas,, although the web portal of the Committee on Petitions was launched on 19 November 2014 to replace the Europarl site’s previous electronic platform for filing petitions, said web portal is not yet fully operational; whereas this portal has been designed asto provide an integrated solution covering the specific needs of the petition process and which gives EU citizens wishing to file a petition an Internet tool better suited to their needs; whereas the portal will help improve the service and its visibility for citizens and committee members, increase transparency and improve petitioners' access to information at the various stages of the petition procedure; whereas the portal should help to ensure greater and easier involvement for citizens throughout the petition procedure, and will act as an electronic register (planned in Rule 216(4) of the Rules of Procedure) through which citizens may lend or withdraw their support for existing petitions and affix their electronic signature to ~~their own~~ petitions; whereas the new portal has been designed to make the petition procedure more ~~transparent and~~ interactive, and administrative aspects more efficient, in the interest of petitioners, Members and the general public; ~~whereas there can be no question but that its launch in November 2014 has helped to promote EU citizenship;~~

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital O

O. whereas the European Citizens’ Initiative (ECI) ~~is an extraordinary~~could be and i~~nnovative tool for participatory democracy in the European Union~~mportant tool to enable citizens to participate in the EU's political decision-making process, whose potential ~~must~~should be exploited fully and further enhanced in order to achieve the best results;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital P

P. whereas the Committee on Petitions continues to maintain an active interest in the implementation of the Regulation on the European Citizens’ Initiative, and is mindful of the ~~many~~need for a new regulation to eliminate the many deficiencies, obstacles and weaknesses and rather cumbersome nature of the existing legal framework;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital R

R. whereas the public hearings organised for ~~successful~~ initiatives have been a success, and the involvement and participation of the Committee on Petitions as the committee associated in ECI hearings has been greatly appreciated by the members and by civil society; whereas the Committee on Petitions supports this process and places its long experience of working with citizens at the service of this objective;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital S

S. whereas it should be noted that owing to the workload of the Committee on Petition and the need to increase human resources at the Secretariat of the Committee on Petitions, no fact-finding visits took place for petitions for which an inquiry was ongoing during 2014~~, but fact-finding visits have been scheduled for 2015~~;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Recital U

U. whereas the Committee on Petitions is a member of the European Network of Ombudsmen, to which, where they exist, petitions committees from the national parliaments also belong, and whereas ~~cooperation between petitions committees is important and should, where p~~it is important that parliaments of Member States equip themselves with petitions committees and strengthen them where they exist, and that cooperacti~~cal, be str~~on betweeng thenm be improved;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 1

1. Stresses the ~~fundamental role played~~work undertaken by the Committee on Petitions, allowing EU citizens and residents some involvement in defending and promoting their rights ~~of EU citize~~and in monitoring correct application of Community regulations, a~~nd residents,~~s their petitions ensur~~ing~~e that ~~the~~citizens' concerns ~~of petitioners are better recognised and~~are known so that their legitimate grievances are resolved ~~wherever possible and~~ within a reasonable timeframe;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 2

2. Stresses that the Committee on Petitions, as the contact point for citizens, the European Ombudsman and the European Citizens’ Initiative together may constitute a set of basic tools for ~~democracy in the European Union and that~~greater political involvement for citizens, for whom appropriate access to them has to be ensured along with ~~their~~ smooth running; regrets that additional mechanisms for the direct involvement of citizens in the decision-making process of European institutions do not exist;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 3

3. Stresses that increased cooperation with national, regional and local authorities on matters linked to the application of EU law ~~plays a vital role in~~is essential in working towards reconnecting with EU citizens and reinforcing ~~the~~ democratic legitimacy and accountability ofin the European ~~Union~~Parliament’s decision-making process;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 4

4. Stresses the Commission’s significant role in assisting with cases raised by petitioners, and calls on it to monitor proactively certain projects reported by petitioners in which ~~there is well-founded evidence that~~ EU law may be breached; calls on the Commission, as guardian of the Treaties, to remedy those cases of incorrect transposition of EU law reported in a large number of petitions filed with Parliament; calls on the Commission to keep the Committee on Petitions informed of developments in infringement proceedings directly linked to any one petition;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 4 a (new)

(a) Points out the importance of the European Commission responding to all petitions in a detailed and proactive manner and as promptly as possible; calls on the European Commission to ensure that representatives participating in meetings of the Committee on Petitions be of the highest political rank possible;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 4 b (new)

(b) Requests that, due to the special nature of this Committee and the significant workload relating to contact with the thousands of citizens and residents who file petitions every year, the human resources available to the Secretariat be increased;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 6 a (new)

(a) Points out the importance of the other committees of the European Parliament including in their meetings the handling of relevant matters set forth in the petitions relating to their areas of responsibility, and using the relevant petitions received as a source of information for legislative processes;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 8 a (new)

(a) Stresses citizens' concern regarding and rejection of the Transatlantic Trade and Investment Partnership and the opaque negotiations in which the European Commission is participating, as highlighted in numerous petitions received during 2014; points to the importance of the European Commission urgently implementing the recommendations made by the European Ombudsman in this regard; regrets that the European Commission has ignored the European Citizens’ Initiative against TTIP and CETA, which has received over three million signatures;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 8 b (new)

(b) Points to the opinion issued by this Committee regarding the Recommendations of the European Commission on the negotiations for the Transatlantic Trade and Investment Partnership (TTIP), in which, as highlighted in numerous petitions received, it rejects the arbitration instrument known as ISDS and regrets that the European Citizens’ Initiative against TTIP was rejected;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 9 a (new)

(a) Stresses the high number of petitions received which reject the use of hydraulic fracturing for the extraction of gas and oil from the subsoil and highlight the harmful environmental, economic and social consequences linked to use of this technique;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 10 a (new)

(a) Points out the large number of petitions received which fiercely criticise and warn of the consequences of the EU's migration, trade and external policies with regard to complying with the human rights of migrants; points out the obligation of all EU agencies, bodies and institutions, including FRONTEX, to ensure, at all times, compliance with human rights and with the Charter of Fundamental Rights in their field of activity;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 11

11. Stresses the wide range of the subjects raised in the petitions filed by citizens, such as fundamental rights, human rights, the internal market, environmental law, labour relations, migration policies, trade agreements, public health issues, child welfare, transport, the disabled ~~and~~or animal rights;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 12

12. Believes that the organisation of public hearings is a ~~very~~n important way of examining problems raised by petitioners; wishes to draw attention to the public hearings organised with the Committee on the Environment in regard to the European Citizens’ Initiative on ‘Water is a Human Right’ and with the Committee on Legal Affairs for the ECI entitled ‘One of Us’; believes that the ECI is the first ~~instrument of transnational participatory democracy that will~~transnational instrument that, once a new regulation is approved, may enable citizens to be~~come active~~ more directly involved in the framing of EU policies and legislation; reaffirms its commitment to being involved in proactively organising public hearings for ~~successful~~the most significant initiatives; undertakes to give priority, at institutional level, to the effectiveness of this participative process;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 13 a (new)

(a) Stresses the approval of the Resolution on mortgage legislation and risky financial instruments in Spain (based on petitions received), although regrets that all the issues expressed in the numerous petitions received have not been recognised,

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 14

14. Welcomes the Commission’s decision to continue in 2014 activities under the banner of the ‘European Year of Citizens’ by focusing more on the European elections (held between 22 and 25 May 2014); welcomes the Commission’s readiness to inform citizens about the tools placed at their disposal so that they could ~~better~~ participate in the EU’s de~~mocratic~~cision-making process, as well as its readiness at that point in time to provide EU citizens with information and advice on their rights and the democratic instruments available to defend them;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 15

15. Points to the importance of the Committee on Petitions having launched its Internet portal through which petitioners may register, submit their petition, upload supporting documents, support admissible petitions, receive information about their petition and also automatic e-mail alerts about changes to the status of their petition; regrets the delays which have meant that it is not currently fully operational, and asks that outstanding work be accelerated;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 16

16. Acknowledges the important role of the SOLVIT network, which regularly uncovers and resolves problems linked to the implementation of internal market legislation; urges the Commission to upgrade this tool, allow members of the Committee on Petitions access to all information and keep them informed in cases relating to filed petitions;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 17

17. Highlights the need for the Committee on Petitions to step up its collaboration with other EU institutions and bodies, and with the national authorities in the Member States; considers enhanced dialogue and systematic cooperation with Member States, especially with national parliaments’ petitions committees, to be essential; recommends the forming of petitions committees to all parliaments of Member States where these have not yet been formed; considers the visit on 2 December 2014 by the petitions committee of the Scottish Parliament to be an example of said collaboration and that a partnership of this kind will make it possible to share best practices, pool experience gained and bring to fruition an efficacious and systematic procedure for forwarding petitions to the bodies responsible;

2015/11/09
Committee: PETI

2014/2218(INI)

Motion for a resolution
Paragraph 19

19. Recalls that fact-finding visits are one of the most important investigation tools the Committee on Petitions has, ~~even though~~and regrets that there were none during 2014; calls on Greece to take note of the recommendations made in the report on the fact-finding visit on waste collection and the siting of landfills in Greece, which was adopted in committee in February 2014; calls on the Commission to monitor carefully the use made of funds allocated to waste collection; calls on Member States to comply with the EU directives on recycling waste and treating wastewater;

2015/11/09
Committee: PETI

2014/2218(INI)