3273 Amendments of Kostas CHRYSOGONOS
Amendment 1 #
2018/2169(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the CJEU shall deliver justice of irreproachable quality, in a reasonable time, whilst as an EU institution also ensuring it uses the public funds at its disposal as efficiently and as effectively as possible, and according to the principles of sound financial management;
Amendment 2 #
2018/2169(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that introducing performance-based budgeting should not apply only to the Court of Justice's budget as a whole but should include the setting of specific, measurable, attainable, realistic and time-based (SMART) targets to individual departments, units and staffs' annual plans and to set relevant indicators for drawing up the institution's estimates; calls therefore on the Court of Justice to introduce the principle of performance-based budgeting more widely in its operations;
Amendment 5 #
2018/2169(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the EU decision [regulation (EU, Euratom) 2015/2422] to reform the judicial structure of the CJEU, notably by doubling the number of Judges in the General Court by 2019, while subsuming the work of the Civil Service Tribunal into the General Court as from 1st September 2016; believes that these measures will reduce the backlog of pending cases, engender a positive impact on the quality of the judgments, and increase flexibility and rapidity by allocating Judges to the Chambers according to the caseload in different areas;
Amendment 7 #
2018/2169(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the fact that the Court of Auditors’ recommendation that the time-frames should be further refined by taking into account the specific nature of each type of proceedings and the complexity of the cases;
Amendment 8 #
2018/2169(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reiterates that, in order to improve case and budgetary management, the CJEU should seriously consider: measuring performance on a case-by-case basis by reference to a tailored time- frame, taking account of the actual resources employed, continuing the improvements made in terms of reporting on performance by moving toward the development of a system of reporting on the specific numbers of cases meeting expected time-frames rather than average length of types of cases, implementing a policy allowing for a more flexible allocation of existing référendaires to help mitigate problems arising from factors related to the management of resources or organizational issues, further raising the awareness of the Member States and the Council of the importance of the timely nomination and appointment of Judges, completing the cost-benefit analysis of the impact (organisational, budgetary and in terms of case duration) of a change of the current practice in the General Court to use languages other than French for deliberation, implementing a fully integrated IT system to support case management;
Amendment 9 #
2018/2169(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Welcomes the suggestion, in the context of discussions on the IT resources available to the Courts in the short and medium terms, that it study, or even implement, an integrated IT system which has regard for the particular nature of judicial work and the specific characteristics of each Court;
Amendment 11 #
2018/2169(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Concludes that the CJEU could further enhance these positive results by considering a move towards more active individual case management, using tailored time-frames and monitoring the actual use of the human resources employed; Stresses that measuring performance on this basis, instead of using indicative time-frames to be respected on average, would inform management of both problem cases and elements of good practice; underlines that this information could also be used to improve reporting on performance to enhance accountability, providing insight on the proper functioning of the CJEU and on the use of its resources available;
Amendment 12 #
2018/2169(DEC)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expresses concern that yet, in contrast to related concepts such as legitimacy, responsiveness, or transparency, accountability has – so far – been of little relevance in framing the Court’s authority;
Amendment 13 #
2018/2169(DEC)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that cases of corruption, improper behaviour, alcohol excesses, or refusal to work by members of the Court, which would prompt cries for judicial accountability, have been largely absent from its history; stresses that the rules on deprivation of office of a judge or Advocate General have never been applied in practice;
Amendment 2 #
2018/2150(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to its previous resolutions on Turkey, in particular those of 24 November 2016 on EU-Turkey relations1 , of 27 October 2016 on the situation of journalists in Turkey2 , and of 8 February 2018 on the human rights situation in Turkey3 , _________________ 1 2 3[3] and of 13 November 2014 on Turkish actions creating tensions in the exclusive economic zone of Cyprus, _________________ 1 Texts adopted, P8_TA(2016)0450. Texts adopted, P8_TA(2016)0450. 2 Texts adopted, P8_TA(2016)0423. Texts adopted, P8_TA(2016)0423. Texts adopted, P8_TA(2018)0040.
Amendment 6 #
2018/2150(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Presidency conclusions of 13 December 2016 and the Council Conclusions of 26 June 2018, and to the previous relevant Council and European Council conclusions,
Amendment 10 #
2018/2150(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the declaration issued by the European Community and its Member States on 21 September 2005, including the provision that the recognition of all Member States is a necessary component of the negotiations, and to the need for Turkey to proceed to the normalization of its relations with all Member States and to fully implement the Additional Protocol to the Ankara Agreement towards all MS, by removing all obstacles to the free movement of goods, withoutincluding restrictions orn means of transport, without prejudice and discrimination,
Amendment 14 #
2018/2150(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Fact-finding Visit by the Committee on Petitions to Famagusta, Cyprus (07-08.05.2018),
Amendment 15 #
2018/2150(INI)
Motion for a resolution
Citation 9
Citation 9
— having regard to Article 46 of the European Convention on Human Rights (ECHR), which states that the contracting parties undertake to abide by the final judgments of the European Court of Human Rights (ECtHR) in any case to which they are parties, and to the obligation of Turkey to implement all judgements of the European Courts,
Amendment 24 #
2018/2150(INI)
Motion for a resolution
Citation 16
Citation 16
— having regard to the Commission recommendation of 21 December 2016 for a Council dDecision authorising the opening of negotiations with Turkey on an aAgreement on the extension of the scope of the bilateral preferential trade relationship and on the modernisation of the Customs Union, as well as the Council Conclusions of 26 June 2018 stating that no further work towards the modernisation of the EU-Turkey Customs Union is foreseen,
Amendment 174 #
2018/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States, taking all of the above into account andTaking all of the above into account, calls on the Commission and the Council of the European Union, in accordance with the Negotiating Framework, to formally suspend the accession negotiations with Turkey till Turkey complies with the Copenhagen criteria and fully implement its contractual obligations towards all MSs, including the Additional Protocol to the EC-Turkey Association Agreement vis-à- vis the Republic of Cyprus; remains, however, committed to democratic dialogue with Turkey; asks the Commission to use, during the formal suspension of negotiations, all funds available under IPA II and the future IPA III to support, through a dedicated envelope directly managed by the EU, Turkey’s civil society, and to increase opportunities for people-to-people contacts, academic dialogue, access for Turkish students to European universities and media platforms for journalists;
Amendment 182 #
2018/2150(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that while the EU accession process was at its start a strong motivation for reforms in Turkey, there has been a stark regression in the areas of the rule of law and human rights during the last few years; recalls that Parliament repeatedly called for the opening of Chapter 23 on Judiciary and Fundamental Rights and Chapter 24 on Justice, Freedom and Security at a time whe and repeats its calls on the Turkish government had pledged to conduct serious reforms; regrets deeply that the accession instruments could not be used to the fullest extent owing to a continued blockage by the Council;
Amendment 192 #
2018/2150(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the European Council for a EU embargo on arms sales to Turkey as a response to its expansionary and repressive policy outside of Turkey;
Amendment 199 #
2018/2150(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. BelievStresses that a door should be left openprerequisite for the modernisation and upgrading of the 1995 Customs Union between the EU and Turkey, to include relevant areas such as agriculture, services and public procurement, which currently are not covered; recalls that two thirds of Foreign Direct Investment (FDI) in Turkey comes from EU Member States and that Turkey is an important growth market for the EU; believes that the upgrade would provide a valuable opportunity for democratic conditionality, positive leverage and the possibility of a roadmap where upgrading the Customs Union would go hand in hand with concrete commitments by Turkey on democratic reformis that Turkey proceeds to the full, effective and non-discriminatory implementation of the existing Customs Union vis-à-vis all MS, including the Republic of Cyprus; believes further that the upgradinge of the Ccustoms Uunion wcould provide an important opportunity for policy dialogue on climate change as well as on labour rights in Turkey; calls on the Commission to start preparatory work for the upgrading of the Customs Union as soon as the Turkish Government indicates its readiness for serious reformsReminds that EU trade agreements shall always be in line with EU principles on human rights, democracy and the rule of law;
Amendment 233 #
2018/2150(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that visa liberalisation is of great importance for Turkish citizens, particularly for students, academics, business representatives, and people with family ties in EU Mmember Sstates; encouragescalls on the Turkish Government to fullywithdraw unilateral declarations and to fully and in a non-discriminatory manner comply with the 72 criteria identified in the visa liberalisation roadmap, towards all MSs; stresses that the revision of Turkey’s anti- terrorism legislation is a key condition forto ensuring fundamental rights and freedoms, and that visa liberalisation willcould be possible once all the criteria have been met; fully and effectively met, in a non- discriminatory manner, towards all MS, including cooperation on JHA issues and non-discriminatory access to the Turkish territory for the citizens of all EU Member States;
Amendment 251 #
2018/2150(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the important role played by Turkey in responding to the migration crisis resulting from the war in Syria; takes the view that Turkey’s population has shown great hospitality by offering shelter to more than 3 million Syrian refugees; calls on the EU and its Member States to keep their promise regarding a large-scale resettlement, and to ensure adequate financial resources for the long-term support of Syrian refugees in Turkey; is concerned that the European Court of Auditors on its last report on 13 November 2018 noted that Turkey refused to share information with the EU auditors regarding the details of the expenditures about the spending of €1.1 billion granted by the EU to Turkey to help Syrian refugees and calls on the Commission to put pressure on Turkish government to make the data on the beneficiaries available before granting the next tranche of the assistance, as per Court’s recommendation;
Amendment 275 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on Turkey to further align its foreign policy with that of the EU in accordance with the provisions of the Negotiating Framework;
Amendment 278 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
Amendment 287 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Calls on Turkey to cooperate with relevant international organizations, especially the Council of Europe, in preventing and combatting illicit trafficking and the deliberate destruction of cultural heritage within Turkey and the occupied part of Cyprus;
Amendment 289 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Reiterates its call on Turkey to comply with the EU declaration issued on September 21, 2005 and to fulfil its obligation of full, non-discriminatory implementation of the Additional Protocol to the EC-Turkey Association Agreement vis-à-vis all Member States, including the Republic of Cyprus, regrets that Turkey has still not made progress towards the normalization of its relations with the Republic of Cyprus; reiterates that recognition of all Member States is a necessary component of the accession process, of Customs Union and of every agreement between the EU and Turkey and calls for progress without any further delay;
Amendment 290 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18 e. Recalls its position adopted in the report on the implementation of the Common Foreign and Security Policy in 2017 about the importance of ensuring the coherence of EU policy as regards situations involving the occupation or annexation of territory; recalls, in this regard, that the immediate withdrawal of Turkish occupation forces and the full restoration of the sovereignty of the Republic of Cyprus, in line with the UNSC resolutions, should be the first step for achieving a long-term political solution, guaranteeing the well-being, security and democratic rights of all Cypriots;
Amendment 301 #
2018/2150(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the efforts by the UN to resume negotiations on the reunification of Cyprus; supports a fair, comprehensive and viable settlement in line with the relevant UN Security Council resolutions, international law and the EU acquis; reiterates its call on Turkey to commit and contribute to a comprehensive settlement, to beginimmediately withdrawing its troops from Cyprus, to transfer the sealed-off area of Famagusta to the UN, and to refrain from actions altering the demographic balance on the island; praises the important work of the Committee on Missing Persons; recognisVarosha to its lawful inhabitants in accordance with UNSC resolution 550 (1984) as an effort to pave the way for a democratic comprehensive settlement, and echoes the rightesults of the Republic of Cyprus to enter into bilateral agreements concerning its exclusive economic zone; urges Turkey to engage in the peaceful settlement of disputes, and to refrain from any threat or action which might have negative effects on good neighbourly relationsFact-finding Visit by the Committee on Petitions to Famagusta; urges Turkey to refrain from actions altering the demographic balance on the island through its policy of illegal settlement;
Amendment 308 #
2018/2150(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Praises the important work of the Committee on Missing Persons and calls on Turkey to allow unconditional and full access to military zones and all relevant sites and to provide relevant information from its military and other archives, thus maximising the effectiveness of the excavations conducted by the CMP;
Amendment 314 #
2018/2150(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Underlines the lawful right of the Republic of Cyprus to enter into bilateral agreements concerning its exclusive economic zone, explore and exploit its natural resources and reiterates its calls on Turkey to show restraint, to refrain from any further threat or action and to respect Cyprus’ sovereignty over its territorial sea and Cyprus’ sovereign rights in its exclusive economic zone; expresses serious concern over Turkey's renewed threats and provocations; urges Turkey to engage in the peaceful settlement of disputes in accordance with the United Nations Charter, and to refrain from any threat or action which might have negative effects on good neighbourly relations;
Amendment 317 #
2018/2150(INI)
19 c. Calls on Turkey to sign and ratify the United Nations Convention on the Law of the Sea (UNCLOS), which has been signed and ratified by the EU and its 28 Member States, without further delay; reiterates its call on Turkey to respect the sovereignty and sovereign rights of Member States over their territorial sea and airspace and their lawful right to enter into bilateral agreements and to explore and exploit natural resources in accordance with the EU acquis and international law, including the UN Convention on the Law of the Sea;
Amendment 318 #
2018/2150(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19 d. Reiterates relevant ECtHR decisions and calls on the Turkish Government to immediately stop the violation of the human rights of the Cypriot citizens and stop depriving them of the enjoyment and exercise of their property, religious and other human rights stemming from the constitutional order of the Republic of Cyprus and the acquis communautaire, as well as the fundamental principles and values of the EU;
Amendment 3 #
2018/2112(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
E a. whereas some of the main obstacles to enhanced cooperation are the unanimity requirement and the different sovereignty issues in the different Member States;
Amendment 5 #
2018/2112(INI)
Draft opinion
Recital E b (new)
Recital E b (new)
E b. whereas enhanced cooperation is limited to areas of shared competence and shall not undermine the internal market;
Amendment 6 #
2018/2112(INI)
Draft opinion
Recital E c (new)
Recital E c (new)
E c. whereas the qualified majority voting requirement with the participation of all Member States in the authorisation phase of enhanced cooperation makes it rather difficult to launch enhanced cooperation with just the minimum required number of Member States, and even more unlikely if enhanced cooperation is launched in an area where a previous qualified majority voting vote failed;
Amendment 7 #
2018/2112(INI)
Draft opinion
Recital E d (new)
Recital E d (new)
E d. whereas Parliament’s involvement is quite marginal, even though its consent is required before the Council authorises the willing Member States to proceed with enhanced cooperation;
Amendment 8 #
2018/2112(INI)
Draft opinion
Recital E e (new)
Recital E e (new)
E e. whereas there is no provision in the Treaties on how to deal with a Member State that wants to exit an existing case of enhanced cooperation or does not fulfil the requirements anymore, except for the special case of Permanent Structured Cooperation [Article 46 (4) and (5) TEU];
Amendment 9 #
2018/2112(INI)
Draft opinion
Recital E f (new)
Recital E f (new)
E f. whereas there is a potential loophole in the organisation of enhanced cooperation linked to the requirement to continue with the unanimity requirement within the enhanced cooperation, unless the passerelle clause contained in Article 333 TFEU is used to switch over to qualified majority voting;
Amendment 10 #
2018/2112(INI)
Draft opinion
Recital E g (new)
Recital E g (new)
E g. whereas there is a risk that a non- interested Member State could enter the enhanced cooperation only to sabotage its advancement due to the unanimity requirement and to prevent the switch over to qualified majority voting through the passerelle clause;
Amendment 19 #
2018/2112(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that 22 Member States are already participating in enhanced cooperation on the EPPO, and encourages non-participating Member States to join as soon as possible with a view to improving the Office's efficiency;
Amendment 21 #
2018/2112(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that enhanced cooperation in the area of the Common Foreign and Security Policy shall be aimed at safeguarding the values and serving the interests of the Union as a whole and shall respect the principles, objectives, general guidelines and consistency of the Common Foreign and Security Policy, the powers of the European Community and the consistency between all the Union's policies and its external activities;
Amendment 22 #
2018/2112(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Highlights that such enhanced cooperation shall relate only to the implementation of a joint action or a common position, and it shall not relate to matters having military or defence implications;
Amendment 23 #
2018/2112(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Underlines that the Parliament and the other members of the Council shall be kept fully informed of the implementation of enhanced cooperation; notes that this task is incumbent on the High Representative for the common foreign and security policy;
Amendment 24 #
2018/2112(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Notes that Member States which intend to establish enhanced cooperation between themselves shall address a request to the Commission, which may submit a proposal to the Council to that effect;
Amendment 25 #
2018/2112(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Stresses that enhanced cooperation provides a tool for problem- solving that is not only legal but also convenient, as it is based on the Treaty provisions and operates within the Union institutional structure and delivers tangible results;
Amendment 26 #
2018/2112(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Points out that enhanced cooperation most often arises in areas governed by a special legislative procedure requiring unanimity, and has predominantly been used in the area of justice and home affairs;
Amendment 29 #
2018/2112(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recommends that the special passerelle clause enshrined in Article 333 TFEU be activated to switch from unanimity to qualified majority voting, and from a special to the ordinary legislative procedure, immediately after an agreement on the start of enhanced cooperation is approved by the Council, in order to avoid new blockages if the number of participating Member States is significant;
Amendment 30 #
2018/2112(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recommends that Parliament shall play a stronger role in enhanced cooperation and shall be involved in every stage of the procedure; believes that Parliament shall also receive regular reports on the implementation of enhanced cooperation;
Amendment 1 #
2018/2111(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to Articles 2, 3, 6, 9, 12, 21, 23 of the Treaty on European Union (TEU), and to Articles 158, 9, 10, 15, 18, 20, 21, 22, 24, 26, 45, 46, 47, 48, 153, 165 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 3 #
2018/2111(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to 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 documents,
Amendment 12 #
2018/2111(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the rights, values and principles on which the Union is based, which are highlighted in Articles 2 and 6 TEU, put the citizen at the very centre of the European project; whereas the debate on the future of Europe therefore also implies a reflection on the strength of our common identity;
Amendment 13 #
2018/2111(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the principles of transparency, integrity and accountability of the EU institutions and of the decision- making processes, as deriving from articles 10 and 11 TEU and 41 of the EU Charter of fundamental rights, are substantive elements of the concept of citizenship and are essential for building and strengthening credibility and trust in the Union as a whole; whereas the recourse to ad hoc and intergovernmental arrangements and instruments in several EU policy areas, as well as to informal decision-making bodies, circumventing and de-institutionalising the EU ordinary legislative procedure, risks to severely undermine such principles;
Amendment 15 #
2018/2111(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the current revision of the ECI aims to improve its effectiveness and enhance participative democracy and active citizenship; whereas the EU has had difficulties in facing numerous crises with important socio-economic consequences and implications regarding migration, which have led to the emergence of populist and nationalist ideologies based on exclusive identities and supremacist criteria which contradict European valuEU defective management of the economic and financial crisis leading to deep socio- economic consequences for the people as well as the inability of the EU institutions and the Member States to establish a well- functioning, solidarity-based and human rights-compliant migration and refugee policy have increased citizens’ distrust toward the EU integration project and underlined the need to change the EU course of action by giving full primacy to the promotion of citizens’ civil, political and social rights, while providing for a greater involvement of civil society in decision-making and implementation processes;
Amendment 18 #
2018/2111(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the current revision of the European Citizens’ Initiative (ECI) should aim at improving its practical effectiveness and applying articles 11(4) TEU and 24 TFEU in a less restrictive way, hence at enhancing participative democracy and active citizenship;
Amendment 31 #
2018/2111(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that not all the provisions concerning EU citizenship have been implemented to reach their full potential, even though this would enable the consolidation of a European identity; calls on the Union institutions to take the necessary measures to improve the implementation, scope and effectiveness of the Treaty provisions concerning citizenship as well as of the corresponding ones enshrined in the EU Charter of fundamental rights;
Amendment 34 #
2018/2111(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that EU citizenship is additional to citizenship of a Member State; underlines that EU citizenship enables the complementarity of different identities for the citizen, and that nationalist and populist ideologies undermine that capacity; is of the opinion that exercising active citizenship is key to building open, inclusive and resilient societies;
Amendment 35 #
2018/2111(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the full implementation, by the EU institutions, bodies, offices and agencies, of the EU Charter of Fundamental Rights and the active promotion of the rights and principles enshrined therein represent an essential lever for guaranteeing the effective involvement of citizens in the EU democratic process and to give concreteness to the provisions enshrined in article 20 TFEU;
Amendment 73 #
2018/2111(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the EU institutions, particularly on the Council, to align their internal procedures as well as the legislative and decision-making processes to the findings and conclusions of the European Ombudsman concerning institutional transparency and integrity, among which the Recommendation in case OI/2/2017/TE on the Transparency of the Council legislative process and the Recommendations in the joint inquiry into complaints 194/2017/EA, 334/2017/EA, and 543/2017/EA on the European Commission’s handling of post-mandate employment of former Commissioners, a former Commission President and the role of its ‘Ethics Committee’;
Amendment 74 #
2018/2111(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Asks to the European Council, the Council, when meeting informally, and the Eurogroup to start applying the Transparency Regulation and to develop rules of procedure that are in line with the standards developed in EU legislation and case law, as already requested in the Letter of the COSAC Delegations to the EU Institutions of 20 December 2017 on the transparency of political decision- making within the EU;
Amendment 76 #
2018/2111(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission and the Member States to prioritise the fight against social, economic and political exclusion as a precondition for favouring the concrete participation of citizens in the democratic life of the Union and for enabling them to exercise their citizenship’s rights;
Amendment 89 #
2018/2111(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Regrets the lack of explicit references to the EU Charter of Fundamental Rights in the Commission’s 2017 Citizenship report, and in particular to its Title V “Citizens’ Rights” which mirrors the provisions enshrined in articles 20 to 24 TFEU; calls on the Commission to pay full attention to the provisions of the Charter in the next evaluation pursuant to article 25(1) TFEU, as a means to increase the Charter’s operability and awareness among European citizens;
Amendment 104 #
2018/2111(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Asks for the creation, under Article 25 of the TFUE, of an EU Statute of Citizenship including citizen-specific rights and the fundamental rights and freedoms enshrined in the Charter of Fundamental Rights, as well as social rights and the values established by Article 2 of the TEU as defining elements of the European ‘public space’, including among others the governance model relevant to that public space, dignity, freedom, the rule of law, democracy, pluralism, tolerance, justice and solidarity, and also including safety in view of to the current threats facing citizensequality and non- discrimination;
Amendment 5 #
2018/2096(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the treaties (Article 15(3) of TFEU) and the Charter of Fundamental Rights of the EU (Article 42) have attributed constitutional value to the principle of transparency;
Amendment 8 #
2018/2096(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Charter introduces third general rights, as is the one to transparent administration and access to documents (Article 42).
Amendment 9 #
2018/2096(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the CJEU has decided that increased openness enabled citizens to participate more closely in the decision- making process and guarantees that the administration enjoys greater legitimacy and is more effective1a; __________________ 1a CJEU, Joined Cases C-39/05 P and C- 52 P, Kingdom of Sweden and Maurizio Turco v. Council of the European Union, European Court Reports 2008 I-04723.
Amendment 10 #
2018/2096(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Union function lies on a dual structure of legitimacy as provided in Article 10(2) of the TEU. The Union is founded on representative democracy as stipulated in Article 10(1) and should operate on principles and mechanisms of participatory democracy as per Article 11, paragraphs 1-3 TEU. Transparency is a sine-qua-non component of this dual legitimacy as it is only when citizens know who, why and how decisions have been made they participate in the electoral process and in other forms of political participation beyond elections in an informed and enlightened manner;
Amendment 12 #
2018/2096(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the principle of transparency firstly was elucidated in 1995 by the Court of First Instance of the European Communities in a case against the Council 1a, the institution almost three decades later has not ensured a high level of adherence to the principle; __________________ 1a Judgement of the Court of First Instance of 19 October 1995, John Carvel and Guardian Newspapers Ltd. v. Council of the European Union, Case T-194/94.
Amendment 13 #
2018/2096(INI)
Motion for a resolution
Recital H
Recital H
H. whereas following the inquiry, the Ombudsman found that the Council’s current practices with regard to transparency of its decision-making process, in specific regards to preparatory discussions that take place at Coreper and National Working group level, constitute maladministration;
Amendment 16 #
2018/2096(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the Council did not reply to the recommendations contained in the Ombudsman’s report within the legally prescribed timeline of three months, and, because of the importance of the issue of legislative transparency, the Ombudsman decided not to grant the Council any extensions beyond this deadline, and submitted the report to the European Parliament;
Amendment 17 #
2018/2096(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the European Parliament has regularly requested more transparency from the Council, for example in its resolutions of 18 April 20181a and 28 April 20161b on the discharge of the Council as well as in its resolution on 14 September 2017 on Transparency, accountability and integrity in the EU institutions1c; __________________ 1a European Parliament resolution of 18 April 2018 with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section II - European Council and Council (2017/2138(DEC)),P8_TA(2018)0125 1b European Parliament decision of 28 April 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014 Section II – European Council and Council (2015/2156(DEC)). 1c European Parliament resolution of 14 September 2017 on transparency, accountability and integrity in the EU institutions (2015/2041(INI)), P8_TA(2017)0358.
Amendment 18 #
2018/2096(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the Ombudswoman also ruled in Complaint 1271/2017/ANA that the Council was not justified in holding back access to an opinion of its Legal Service concerning an inter-institutional agreement;
Amendment 19 #
2018/2096(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union adopted during its Plenary Meeting in Sofia on 17/19 June 2018 its resolution in which it urges the Council to reflect on the proposals made by 26 national parliaments of Member States to enhance the openness of legislative deliberations at EU-level 1a; __________________ 1a Contribution of the LIX COSAC, articles 2.6 and 2.7
Amendment 21 #
2018/2096(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply convinced that democratic and transparent decision-making at the European level is indispensable to increase citizens’ trust in the European project and the EU institutions, especially in the run-up to the European elections in May 2019, and is therefore determined to defend and enhance European democracyenhance the democratic accountability of all EU institutions;
Amendment 26 #
2018/2096(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that there is currently a distinct gap between formal transparency, i.e. the legal recognition and insertion of transparency in the EU legal foundations as a self-standing principle closely linked to the rule of law, and of substantial transparency, i.e. steps to effectively materialise in a corresponding level;
Amendment 27 #
2018/2096(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reiterates that the Inter- institutional Agreement on a mandatory Transparency which is being negotiated, is a first good step; notes that the current text only covers high ranking officials of the Council;
Amendment 28 #
2018/2096(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Deeply regrets the fact that the Council has blocked the revision of the Regulation 1049/2001 and urges the Council to re-open its discussions based on the position adopted by Parliament in second reading as laid down in resolution of 12 June 2013 1a. __________________ 1a European Parliament resolution of 12 June 2013 on the deadlock on the revision of Regulation (EC) No. 1049/2001 (2013/2637(RSP))
Amendment 33 #
2018/2096(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that transparency has four distinct aspects that are intertwined, namely (a) openness of the legislative process (b) right to access to documents (c) transparency of the legal norm as concomitant to legal certainty (d) offering wide reasoning and sufficient explanation of the motives of a legislative text;
Amendment 38 #
2018/2096(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Reminds that the principles of publicity, openness and transparency are inherent to the EU Legislative process, in order to allow citizens to find out the considerations underpinning legislative actions and therefore ensures effective exercise of their democratic rights 1a. __________________ 1a Joined Cases C-39/05 and C-52/05 P, Kingdom of Sweden and Maurizio Turco v. Council of the European Union, European Court Reports 2008 I-04723
Amendment 41 #
2018/2096(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the European Parliament represents the interests of European citizens in a fully open and transparent manner, and welcomes the substantial progress made by the Commission in improving its transparency standards, inter alia in the conduct of international negotiations and its interactions with interest representatives whereas ‘revolving-door’ still remains an alarming issue; notes that the Council does not yet follow comparable transparency standards;
Amendment 42 #
2018/2096(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reiterates its call on the Council, including its preparatory bodies, to join the Transparency Register as soon as possible; calls on all Member States to introduce binding rules advancing the transparency of interest representation; calls on the Member States to introduce rules for their representatives including but not limited to, at COREPER and Working Group Levels;
Amendment 43 #
2018/2096(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the work of the preparatory bodies of the Council, i.e. the Committees of Permanent Representatives (Coreper I + II) and more than 150 working groups, is an integral part of the Council’s decision-making procedure; argues that these structures must proactively improve the transparency of decision-making procedures at working group and Coreper levels, as to improve the overall transparency of the legislative process in the European Council;
Amendment 46 #
2018/2096(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers it regrettable that the Council and the European Council have still not adopted a code of conduct for their members; recalls its call to the Council to introduce a specific code of ethics, including sanctions, which addresses the risks specific to national delegates; insists that the Council must be just as accountable and transparent as the other institutions;
Amendment 47 #
2018/2096(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Strongly believes that informal formations, subsidiary organs or other affiliated informal organs related to the European Council (i.e., the Euro Group, the Euro Summit, and the EU-27) should be properly formalized and engulfed properly in the constitutional structure of the Union. Transparency obligations should be applicable indiscriminately to their activities and publicity of documents should include analytical agendas and working documents (non-papers) that are circulated prior to meetings.
Amendment 48 #
2018/2096(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the fact that, unlike committee meetings in the European Parliament, meetings of the preparatory bodies of the Council as well as the majority of debates in the Council are held in camera; proposes that citizens, media and stakeholders should have access by appropriate means to the meetings of the Council and its preparatory bodies, includ via livestreaming viaand web-streaming, as well as making the minutes of these meeting publically available in order to make all stages of the legislative process in both components of the European legislature fully transparent;
Amendment 52 #
2018/2096(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Opines that denying the access to documents to Members of the European Parliament, has the potential to threaten the principle institutional balance and to negate the essential practice of the mutual sincere cooperation. Notes that it is an excessive burden for the effective function of parliamentary duties, having to pursue an ex post check on an ad hoc basis after every refusal of a request to access documents.
Amendment 56 #
2018/2096(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that all documents (legislative, intergovernmental conferences and meeting documents) from the period before 1999 should be de- classified and uploaded to the Document Archive of the Council being available publicly;
Amendment 58 #
2018/2096(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. ConsiderDeplores the Council’s endemic practice of systematically classifying all documents distributed in its preparatory bodies relating to legislative files as ‘LIMITE’ to be a violation of CJEU case law1 and of the legal requirement that there should be the widest possible public access to legislative documents; observes that in 2015, 84% of requests for public access to documents marked as “LIMITE”, and related to on-going legislative procedures in 2015 were granted; __________________ 1 For the principle of the widest possible public access, see: Joint Cases C-39/05 P and C-52/05 P Sweden and Turco v. Council [2008] ECLI:EU:C:2008:374, para 34; Case C-280/11 P Council v. Access Info Europe [2013] ECLI:EU:C:2013:671, para 27; and Case T-540/15 De Capitani v. Parliament [2018] ECLI:EU:T:2018:167, para 80.
Amendment 60 #
2018/2096(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Exceptions of Article 4 of the Regulation No 1049/2001 pending its revision should not be applied by default and whereas jurisprudence does not require justification for limiting access to a document, institutions shall strive to offer the fullest reasoning possible for taking such a decision that is a restriction of Article 42 of the Charter of Fundamental Rights and as such should adhere by the principle of proportionality. Further supports that a decision to restrict access should be accompanied by an argumentation why, in a specific and actual manner relating to the document at hand;
Amendment 63 #
2018/2096(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deems it unacceptable that the positions taken in the preparatory bodies of the Council by individual Member States are neither published nor systematically recorded, making it impossible for citizens, media and stakeholders to effectively scrutinise the behaviour of their elected governments; calls for a systematic record of Member State governments to be kept and made publically available, where appropriate, when they express positions in council preparatory bodies;
Amendment 66 #
2018/2096(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that this lack of information also hampers the ability of national parliaments to control the actions of national governments in the Council, and enables members of national governments to distance themselves in the national sphere from decisions made at the European level which they shaped and took themselves; considers it irresponsible on the part of members of national governments to undermine trust in the European Union by ‘blaming Brussels’ for decisions they themselves were involved in; demands an immediate endargues that a systematic record of the positions of Member States in Preparatory Bodies would act as a positive disincentive to this practice;
Amendment 69 #
2018/2096(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 74 #
2018/2096(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers it incompatible with democratic principles that, in interinstitutional negotiations between the co-legislators, the lack of transparency in the Council leads to an imbalance with regard to available information and thus to a structural advantage of the Council over the European Parliament; reiterates its call for the improvement of the exchange of documents and information between Parliament and the Council and for access to be grantedpublically available, as well as to representatives of Parliament, as observers to meetings of the Council and its bodies, in particular in the case of legislation;
Amendment 76 #
2018/2096(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reminds that the institutions have agreed in the inter-institutional agreement of 13 April 2016 1a to promote the utmost transparency of the legislative process and that according to the constitutional setting of the Union, the European Parliament and the Council exercise as the co-legislators their powers on an equal footing. That being said equality of the two institutions should also extend unequivocally to the obligations prescribed by the primary European law. __________________ 1a Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, OJ L 123, 12.05.2016, par. 1.
Amendment 78 #
2018/2096(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the practices of the European Parliament, has been identified by the Ombudsman as having high standards of transparency; Demands that the Council, as one of the two components of the European legislature, aligns its working methods with the standards of a parliamentary democracy, rather than acting like a diplomatic forum; transparency that exist in the European Parliament;
Amendment 84 #
2018/2096(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considers that in order to achieve transparency in the trilogues all three institutions should contribute because as per the settled case law trilogues form part of the legislative process, there is no general presumption against non- disclosure based on article 13 TEU and article 294 TFEU 1a and finally trilogues cannot represent a space for European organs to think. __________________ 1a Judgement of the General Court of 22 March 2018, Emilio De Capitani v. European Parliament, Case T-540/15, Digital Reports (unpublished).
Amendment 85 #
2018/2096(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 86 #
2018/2096(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers voting in public to be a fundamental characteristic of democratic decision - making; urges the Council to make use of the possibility of qualified majority voting (QMV), and to refrain, where possible, from the practice of taking decisions by consensus and thus without a formal vote in publicvote publicly and record voting positions;
Amendment 89 #
2018/2096(INI)
Motion for a resolution
Paragraph 16 – point b
Paragraph 16 – point b
b) to develop clear andimmediately develop a systematic and clear criteria, which is publically available criteria for how it, and detail how the Council designates documents as ‘“LIMITE’,” and that is in line with relevant EU law;
Amendment 90 #
2018/2096(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recommends that the principles of transparency and openness should apply to all democratic processes in Member States; notes that the British EU Referendum in 2016 was not a fully transparent process due to allegations of the leave campaign breaking electoral law; as an effect of this, notes that 1.8 million citizens in the north of Ireland may be disenfranchised from their democratic rights as citizens which limits European participative democracy; considers that forging a participative citizenship necessitates full transparency and participation in the democratic process for all European citizens;
Amendment 101 #
2018/2096(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note of the statement made by the Austrian Presidency to the joint committee on Constitutional Affairs and on Petitions on keeping the European Parliament informed on the progress of the Council’s ongoing reflections on how to improve its rules and procedures as regards legislative transparency, and expressing readiness to engage with Parliament at the appropriate level in a joint reflection on those topics that require interinstitutional coordination; and regrets that no input has been so far submitted to the European Parliament.
Amendment 102 #
2018/2096(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Further recommends that the Council: (a) enlists documents regardless of their status in the Document Register even those that are not available to the public with the relevant indication that corresponds to the level of publicity; (b) provides justification for the level of classification on the basis of the criteria developed; (c) provides in an easily comprehensible manner for all citizens votes, explanation of votes and minutes , materializing the obligation provided in article 8 and 9 of the internal rules of procedure1a; __________________ 1a Council Decision of 22 March 2004 adopting the Council’s Rules of Procedure, 2004/338/EC, Euratom;
Amendment 103 #
2018/2096(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers that, in order to provide the widest possible public access to legislative documents, each document that is not made public in full has to be accompanied by an argumentation why, in a specific and actual manner relating to the document at hand the document would undermine either (a) the institutions’ decision-making process or (b) the protection of institutions interest in seeking legal advice, as well as accompanied by an argumentation why there is no overriding public interest;
Amendment 104 #
2018/2096(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Regrets the Draft Policy Paper on legislative transparency produced by the General Secretariat of the Council of the European Union and addressed to the Permanent Representatives Committee, was classified as ‘LIMITE’1a; considers that the milestone approach presents no added value whatsoever and puts forward a scheme that allows selective publication of documents only after they have been considered by the competent bodies; Considers that certain elements of the new approach are mutually exclusive (i.e. built-in flexibility and greater standardization) and incompatible with the constitutional norms of the Union; Deplores the fact that the Council proclaimed it will strive to strike a balance between the case law and various calls for greater transparency and the need to preserve the necessary flexibility for effective legislative work, which implies not conforming with the jurisprudence of the CJEU as it stands; __________________ 1a General Secretariat of the Council, Draft Polity Paper on Legislative Transparency, 11099/18, Brussels, 13 July 2018.
Amendment 105 #
2018/2096(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Notes that according to the jurisprudence of the CJEU the “space to think” is to be viewed as an exception and not the norm and consequently as a restriction of the principle of transparency1a; reiterates that giving the public the widest possible right of access entails, that the public must have a right to full disclosure of the requested and thus application of exception should be strict; __________________ 1a Judgement of the General Court of 22 March 2011, Access Info Europe v. Council of the European Union, Case T- 233/09, par. 56.
Amendment 2 #
2018/2089(INI)
Draft opinion
Recital A
Recital A
A. whereas the rapid pace of technology development, both in the transport industry and in the robotics and artificial intelligence sector, will have a significant impact on the economy and society; whereas driverless vehicles will significantly change our daily life, will determine the future of worldwide road transport and will also significantpotentially reduce transport costs and improve road safety; , increase mobility and reduce the environmental impacts.
Amendment 4 #
2018/2089(INI)
Draft opinion
Recital B
Recital B
B. whereas the roll-out of autonomous vehicles, expected already in 2020, will bring considerable benefits, but also entails a variety of new risks, namely regarding road traffic safety, civil liability, cybersecurity, insurance, intellectual property rights, data protection and data access issues; technical infrastructure and standardization measures, skilled labour supply, whereas it is of crucial importance to ensure that the EU legal framework is suitable to appropriately respond to those challenges; together with public awareness and acceptance
Amendment 7 #
2018/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the existing liability rules were not developed to deal with the challenges posed by the use of autonomous cars and stresses that there is growing evidence that the current regulatory framework especially with regards to liability, insurance policy, registration and protection of personal data will no longer be sufficient or adequate when faced with the new risks emerging from increasing vehicle automation, connectivity and complexity;
Amendment 25 #
2018/2089(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the need to consider amendments to the Vienna Convention on Road Traffic aimed at facilitating the deployment of fully autonomous vehicles;international legal frameworks related to prospectives of autonomous driving such as Vienna Convention on Road Traffic and Geneva Convention on Road traffic.
Amendment 7 #
2018/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission and other competent institutions to collaborate closely with technicalmulti-disciplinary teams of researchers to investigate, prevent, and mitigate potential harmful effects of malicious or negligent uses and to develop tools, policies, and norms appropriate to AI applications; stresses the need to develop knowledge-exchange programs and facilitate joint-strategy development between civil society organisations; notes that best practices should be identified in research areas with more mature methods for addressing dual- use concerns, such as security and privacy, and that they should be applied to the area of AI;
Amendment 15 #
2018/2088(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that malicious or negligent use of AI could threaten democracy, the rule of law, digital security, physical security, and political security as it could be used to conduct large-scale, finely-targeted and highly- efficient attacks; stresses that the use and development of AI poses risks for human rights, such as privacy, data protection, and freedom of expression and information, and that in the future it may pose further risks that are still unknown; calls on the competent authorities to effectively prevent and strictly prohibit the malicious and negligent use of AI;
Amendment 24 #
2018/2088(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that the automation of certain jobs may reduce the possibility for social mobility and benefit the wealthiest, able to adapt better to this change;
Amendment 26 #
2018/2088(INI)
4. Calls on the Ccommisspetent EU institutions to ensure that any EUthe EU regulatory framework on AI guarantees personal data protection, including the principles of lawfulness, fairness and transparency, data protection by design and default, purpose limitation and data minimisation in compliance with Union data protection law, as well as personal safety and other fundamental rights, such as the right to freedom of expression and information; calls on the Commission to continually assess such a regulatory framework and, if necessary, to propose the appropriate amendments to keep it updated with the technological developments;
Amendment 40 #
2018/2088(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need to systematically and immediately invest in developing the future expertise needed, and particularly in training researchers on several disciplines - including applied ethics - specialised on AI technology, robotics, and related fields;
Amendment 44 #
2018/2088(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s initiative to establish the European AI Alliance tasked with developing draft AI ethical guidelines; calls on the Commission to complete the work and publish the guidelines, and to continue working towards an EU-wide approach; invites the Commission to initiate a political process on a global level aiming at the development of EU-wide high standards in the field of AI;
Amendment 52 #
2018/2088(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that any AI system must be developed with respect for the principles of transparency, allowing for human understanding of its actions; notes that in order to build trust in and enable the progress of AI, users must be aware of how their data is used and when they are communicating or interacting with an AI system; believes that this will contribute to better understanding and confidence among users when dealing with machines; stresses that the explainaintelligibility of decisions must be an EU standard in accordance with Articles 13, 14 and 15 of the GDPR; stresses that individuals have the right to a final determination being made by a person, according to Article 22 of the GDPR, individuals have the right to obtain human intervention when a decision based on automated processing significantly affects them;
Amendment 57 #
2018/2088(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 59 #
2018/2088(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Stresses that, because of the data sets and algorithmic systems used when making assessments and predictions at the different stages of data processing, big data may result not only in infringements of the fundamental rights of individuals, but also in differential treatment of and indirect discrimination against groups of people with similar characteristics; calls on the competent authorities to take any possible measures in order to ensure the quality of the data used, to avoid bias or to make sure that the relevant programs does not take any bias into account, to prevent algorithmic discrimination and to develop a strong and common ethical framework for the transparent processing of personal data and automated decision-making that may guide data usage and the ongoing enforcement of Union law;
Amendment 61 #
2018/2088(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Highlights the importance to establish a regulatory framework to control algorithms and their impact is therefore,including the possibility of engaging independent auditors for algorithms (or even software watchdogs, or a regulator that can investigate AI automated decisions;
Amendment 62 #
2018/2088(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Considers that in order to avoid the erosion of human privacy and autonomy it is vital to resist the temptation to use AI systems before appropriate cultural and legal frameworks are adapted;
Amendment 63 #
2018/2088(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
Amendment 69 #
2018/2088(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Highlights that AI research or other relevant activities shall respect fundamental rights and be conducted in the interests of the well-being and self- determination of the individual and society at large in their design, implementation, dissemination and use. Human dignity and autonomy – both physical and psychological – shall always to be respected;
Amendment 71 #
2018/2088(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Stresses that AI research or other relevant activities shall be conducted in accordance with the precautionary principle, anticipating potential safety impacts of outcomes and taking due precautions, proportional to the level of protection, while encouraging progress for the benefit of society and the environment;
Amendment 72 #
2018/2088(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Stresses that AI engineers and their employers shall consider and respect people’s physical wellbeing, safety, health and rights and preserve human wellbeing, while also respecting human rights, and disclose promptly factors that might endanger the public or the environment;
Amendment 73 #
2018/2088(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Considers that AI engineers and their employers shall be accountable for the social, environmental and human health impacts that robotics may impose on present and future generations;
Amendment 74 #
2018/2088(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Underlines that is shall be fully ensured that private information is kept secure and only used appropriately;
Amendment 75 #
2018/2088(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8 f. Stresses that it shall be fully guaranteed that individuals are not personally identifiable, aside from exceptional circumstances and then only with clear, unambiguous informed consent; emphasises that human informed consent shall be pursued and obtained prior to any man-machine interaction; highlights that in this context appropriate procedures shall be developed and followed for valid consent, confidentiality, anonymity, fair treatment and due process; all the responsible persons shall immediately fully comply with any requests that any related data be destroyed, and removed from any datasets;
Amendment 76 #
2018/2088(INI)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8 g. Highlights that, where risks arise as an unavoidable and integral element of the AI research, robust risk assessment and management protocols shall be developed and complied with, taking into account that the risk of harm shall be no greater than that encountered in ordinary life, (i.e. people shall not be exposed to risks greater than or additional to those to which they are exposed in their normal lifestyles);
Amendment 77 #
2018/2088(INI)
Draft opinion
Paragraph 8 h (new)
Paragraph 8 h (new)
8 h. Stresses that the operation of an AI system shall always be based on a thorough risk assessment process, which shall be informed by the precautionary and proportionality principles;
Amendment 5 #
2018/2079(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the 2018 Justice Score board showed that the availability of legal aid and the level of court fees have a key impact on access to justice, in particular for citizens in poverty
Amendment 9 #
2018/2079(INL)
Motion for a resolution
Recital D
Recital D
D. whereas many issues with regard to procedural law in the area of civil justice are regulated at the national level, thus procedural law in this area differs from one Member State to another, which is in line with principle of subsidiarity and proportionality;
Amendment 14 #
2018/2079(INL)
Motion for a resolution
Recital H
Recital H
H. whereas settlement of commercial matters in public courts is, in general, slow in the Union, a fact that is accentuated by the introduction of the European small claims procedure, which has, by contrast, led to substantially faster settlement of consumer disputes; and whereas proper use of ICT in courts contributes to speed up proceedings and to reduce costs.
Amendment 20 #
2018/2079(INL)
Motion for a resolution
Recital L
Recital L
L. whereas courts and chambers specialised in commercial matters will guarantee a higher level of competence and independence in such matters and thereby attract such cases to the courts of the Member States;
Amendment 5 #
2018/2061(INI)
Motion for a resolution
Recital C
Recital C
C. whereas such a transfer is to be based on an international binding agreement concluded between the Union and that third country pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals;
Amendment 17 #
2018/2061(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that full consistency with Articles 7 and 8 of the Charter shouldall be ensured in the receiving third countries; calls, in this regard, on the Council to complete the negotiating guidelines proposed by the Commission with the conditions set out in this resolution;
Amendment 19 #
2018/2061(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that a prerequisite for launching the negotiations is that Turkey fulfill its horizontal obligation of full, effective and non discriminatory cooperation with all Member States on JHA issues, including with the Republic of Cyprus;
Amendment 32 #
2018/2061(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that the full, effective and non discriminatory implementation of Council of Europe Convention on Data Protection (CETS No 108) and all its provisions, towards all Member States is a prerequisite for this Agreement;
Amendment 51 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Insists that the Agreement shall provide for an effective dispute settlement mechanism with respect to its interpretation and the full, effective and non-discriminatory implementation of the provisions of the Agreement towards all Member States, so as to ensure that the parties apply mutually agreed rules. The Agreement shall provide the possibility of unilateral partial or full suspension of the Agreement in the event of infringement of its provisions, including the suspension of the Agreement, in case of violation of the provision of full and effective implementation of the Agreement to all Member States;
Amendment 10 #
2018/2046(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the establishment of a budget of 4.9 million euros for the EPPO which will prosecute cross-border crime; regrets however that Eurojust is the only JHA agency facing budgetary cuts in 2019, involving a counter-productive reduction of commitment appropriations for the Justice Program by -2.5 million euros (-5.4%); expresses its concern that such a reduction is untenable given the operational growth and the political priorities in security and justice; calls on the Commission to provide Eurojust with a budget for 2019 that is at least at the same level than in 2018 (€38.6 million), while providing Eurojust with a total of 217 posts for 2019; points out as well in this context that the current Commission proposal for the funding of Eurojust in the next 2021-2027 MFF is insufficient as it corresponds to a cut of 15% on an annual basis compared to 2018;
Amendment 18 #
2018/2046(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Regrets the counter-productive reduction of commitment appropriations for the Justice Program by -2.5 million euros (-5.4%); expresses its concern that such a reduction is untenable given the operational growth and the political priorities in security and justice; welcomes the establishment of a budget of 4.9million euros for the EPPO which will prosecute crimes against the financial interest of the European Union (PIF crimes);
Amendment 19 #
2018/2046(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Regrets the proposed reduction of the budget and establishment plan of Eurojust, in contrast to other JHA Agencies, which implies that the EU stops half-way in its actions to fight present security threats as it does not allow for an effective judicial follow-up. Eurojust is the only EU body in a position to guarantee this through coordination and cooperation of investigative authorities in the fight against terrorism, cybercrime, migrant smuggling and organised crime; providing Eurojust with sufficient financial means is an essential prerequisite for the agency’s proper functioning and for the development of all its strategic and operational activities; urges to reinforce Eurojust with a budget for 2019 of € 41.2 million and a total of 217 posts; stresses the need to match the budgetary needs of Eurojust with a realistic forecast in the MFF 2021-2027 in line with the position of the European Parliament on the need to provide sufficient resources in the MFF 2021- 2027 to JHA agencies, and in particular to Eurojust, to avoid systematic recourse to the flexibility provisions of the MFF every year;
Amendment 21 #
2018/2046(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the level of funding of EASO which according to the agency matches its initial request to the Commission; regrets however that this is not the case for eu-LISA; points out that 2019 will be an extremely challenging year for eu-LISA given the substantial increase of its tasks and budget allocated and that it will need an adequate reinforcement of its resources to deliver according to its new mandate; highlights that commitment appropriations are necessary for eu-LISA, especially for the execution of its planned activities in 2019, including the second phase of the Automated Fingerprint Identification System (AFIS) and the Schengen Information System (SIS II);
Amendment 27 #
2018/2046(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the increase (16%) of EDPS administrative expenditure to cover its new responsibilities for the Secretariat of the European Data Protection Board, its additional needs in relation with the new data protection rules in the EU institutions and for the monitoring and ensuring compliance with the data protection rules of ex-third pillar agencies; regrets that the Budget of FRA was not increased as the agency is expected to be confronted to new tasks and responsibilities in 2019 as fundamental rights are under an ongoing pressure; stresses, in particular, that the amount of additional tasks assigned to FRA have grown significantly since 2015, when the EU was confronted with an increased arrival of refugees, migrants and asylum seekers; proposes, therefore, to properly expand its financial and human resources in order to adequately perform its new tasks stemming from requests of the EU institutions, Member States and EU Agencies;
Amendment 31 #
2018/2046(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the proposed EU 2019 subsidy to the EMCDDA shall be increased to meet essential operational needs, as EMCDDA is required to enhance its role regarding the coordination and development of the European School Survey Project on Alcohol and Other Drugs (ESPAD), as well as to fund properly non-routine data collection for wastewater analysis and for acute recreational drug and toxicity of new psychoactive substances in EU.
Amendment 33 #
2018/2046(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Points out that more human and financial resources are needed to enable CEPOL to fully implement its 2015 renewed legal basis, which broadened its target group from senior police officers to law enforcement officials across the EU and its neighbourhood; believes that this will help to close training gaps preventing Member State’s law enforcement services from fully utilising EU level cooperation instruments and systems in the fields of organised crime, terrorism and illegal migration, whilst addressing fundamental rights as a cross cutting issue in law enforcement training;
Amendment 35 #
2018/2046(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the very significant increase from 10 billion euros in 2018 to 11.38 billion euros in 2019 (+13.1%) of commitment appropriations as well as of payment appropriations (17,0%) for heading IV (Global Europe); welcomes the proposed full use for 2019 of the unallocated margin under heading IV, as well as 1 116,2 million euros from the Global margin for commitments in order to reinforce Humanitarian Aid and the European Neighbourhood Instrument (ENI) for the pledges made at the 2018 Syria conference; notes that 1.45 billion euros are budgeted in the EU budget to finance the “Facility for Refugees in Turkey II” (FRT II) and that 560 million euros are budgeted for addressing the Syrian Crisis; stresses the very steep increase of EU contribution of the EU budget to the FRT II; calls on the Commission to effectively monitor the proper allocation and implementation of this contribution in view of the ongoing deterioration in fundamental rights and freedoms, the rule of law and the lack of judicial independence in Turkey.;
Amendment 37 #
2018/2046(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the Commission’s proposal to revise the Union Civil Protection Mechanism (UCPM), in order to strengthen the overall approach to disaster management; stresses that the increase in commitment (46,1%) and payment (33,6%) appropriations of UCPM in 2019 compared to 2018 reflects the expected uptake for actions in third countries; considers as positive that the 2019 allocation of Humanitarian Aid activities includes increases, relative to the financial programming, of 120 million euros and 3,2million euros for scaling up disaster-preparedness actions;
Amendment 80 #
2018/2036(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. J. whereas the rise of xenophobic violence and hate speech in the European Union, often promoted by far-right forces, affects and specifically targets people belonging to minorities;
Amendment 96 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – introductory part
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
Amendment 102 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
Amendment 103 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
Amendment 104 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
Amendment 108 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
Amendment 109 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
Amendment 110 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
Amendment 114 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 3
Paragraph 1 – indent 3
Amendment 115 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 3
Paragraph 1 – indent 3
Amendment 117 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 4
Paragraph 1 – indent 4
Amendment 119 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 4
Paragraph 1 – indent 4
Amendment 120 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 4
Paragraph 1 – indent 4
Amendment 121 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 5
Paragraph 1 – indent 5
Amendment 123 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 5
Paragraph 1 – indent 5
Amendment 131 #
2018/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses that there is a need for a legislative proposal on minimum standards of protection of minorities in the EU, for improving the situation of minorities in all the Member States and to avoid double standards, while respecting the principle of subsidiarity and proportionality, and after carrying out a proper impact assessment; calls on the Commission and the Member States to ensure that their legal systems guarantee that persons belonging to a minority are not discriminated against, and to take and implement targeted protection measures based on relevant international standards;
Amendment 138 #
2018/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 149 #
2018/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to consider ratifying, and the European Union to consider accedeing to, the FCNM and the Language Charter and to respect the principles laid down in these documents; calls on the Member States and the Commission to refrain from acts that go against the principles laid down in these documents; notes that the Member States and the EU institutions shall refrain from adopting laws and administrative measures that weaken or derogate the rights of persons belonging to minorities;
Amendment 183 #
2018/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 206 #
2018/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to involve and support national minorities and their representatives in fostering knowledge and skills that are necessary in order to safeguard, sustainably manage and develop cultural heritage and that should be handed down to future generations; calls on the Member States and the Commission to establish and maintain concrete cultural funds for the representatives of regional and minority rights, both at horizontal and vertical levels;
Amendment 217 #
2018/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States and the Commission to ensure that the media can operate independently and free from discrimination in minority languages, to take into account national minorities when licensing or privatising media services, including assigning TV and radio broadcasters, to provide appropriate funds for self- governance to organisations representing minorities, with a view to fostering their sense of belonging to, and identification with, their respective minority groups, and to bring their identities, languages, histories and cultures to the attention of the majority; recalls the fundamental role of the public media in promoting these contents, particularly under democratic scrutiny of local or regional authorities;
Amendment 255 #
2018/2036(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 282 #
2018/2036(INI)
Motion for a resolution
Paragraph 23 b (new)
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;
Amendment 317 #
Amendment 320 #
2018/2036(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 5 #
2018/2009(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas effective justice systems support economic growth and defend fundamental rights and underpin the application of EU law;
Amendment 6 #
2018/2009(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the role of Member States' justice systems is crucial for ensuring that individuals and businesses can fully enjoy their rights, for strengthening mutual trust and for building a business and investment- friendly environment in the single market;
Amendment 7 #
2018/2009(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas independence, quality and efficiency are key elements of an effective justice system;
Amendment 8 #
2018/2009(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas this non-binding exercise assists Member States in identifying potential shortcomings, improvements and good practices as well as trends in the functioning of national justice systems over time;
Amendment 9 #
2018/2009(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the 2017 EU Justice Scoreboard focuses mainly on civil, commercial and administrative justice; , but also presents a first overview of the functioning of national systems when applying EU anti-money laundering legislation in criminal justice;
Amendment 14 #
2018/2009(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas justice is a value in and of itself and is an essential part of the rule of law, in particular as regards citizens' access to justice and respect for the rules of a fair trial;
Amendment 15 #
2018/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to continue promoting the Scoreboard so that it can become a useful tool for the relevant stakeholders, boosting the efficiency and quality of the European judicial systems in accordance with the Treaties and in consultation with the Member States;
Amendment 17 #
2018/2009(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas justice must be adapted to meet the new challenges faced by the EU;
Amendment 18 #
2018/2009(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas effective justice systems support economic growth, defend fundamental rights and underpin the proper application of EU law;
Amendment 19 #
2018/2009(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the role of Member States' justice systems is crucial for ensuring that individuals and businesses can fully enjoy their rights, as well as for strengthening mutual trust and for building a business and investment- friendly environment in the single market;
Amendment 19 #
2018/2009(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that collective redress procedures are increasingly significant for facilitating access to justice and efficient dispute resolution; calls on the Commission to consider these procedures in the upcoming comparative exercises on accessibility factors of justice systems;
Amendment 20 #
2018/2009(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas independence, quality and efficiency are key elements of an effective justice system;
Amendment 22 #
2018/2009(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need to address the gender balance disparities and considerable ratio gaps among judges, especially in higher instance courts, at national and European level;
Amendment 32 #
2018/2009(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Encourages the Commission to continue developing concrete indicators to assess, in practice, the upholding of EU values relating to issues such as rule of law or respect of fundamental rights;
Amendment 34 #
2018/2009(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that legal aid consumers below the poverty threshold remains an essential balancing factor; notes the important role of legal aid in guaranteeing that weaker parties may also have access to justice;
Amendment 35 #
2018/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission's efforts to assess, for the first time, certain aspects of criminal justice relating to the fight against money laundering; deplores the fact that this assessment will last only as the relevant judicial proceedings; calls on the Commission to assess all aspects of criminal justice;
Amendment 35 #
2018/2009(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses the need for a low VAT for the provision of legal services in order to facilitate access of justice;
Amendment 40 #
2018/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to gather precise information on the way violations of the rule of law as well as of the fundamental rights, including corruption and threats to the fundamental rights, are being dealt with;
Amendment 43 #
2018/2009(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the benefit of ICT systems in reducing costs for all stake holders involved and in improving the overall efficiency and quality of justice systems; regrets that their full potential has not yet been reached in all Member States;
Amendment 44 #
2018/2009(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Member States and on European institutions to take appropriate action for efficient and timely proceedings in strengthening the judicial protection of any person safeguarding their rights;
Amendment 47 #
2018/2009(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that a strong, independent judicial system relies, among others, on the lack of interference or pressure from government and politics, as well as on effective guarantees provided by the status and position of judges;
Amendment 48 #
2018/2009(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on Member States and on European institutions to encourage the strengthening of independency of the judicial systems in the EU;
Amendment 49 #
2018/2009(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Highlights the importance of establishing impartial, without any arbitrary executive discretion, comprehensive mechanisms for the appointment, evaluation, transfer or dismissal of judges;
Amendment 50 #
2018/2009(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on Member States and on European institutions to invest in the continued development and use of ICT tools in their judicial systems, in an effort to make them more accessible and comprehensible to all EU citizens, including people with any form of disability and other vulnerable groups;
Amendment 57 #
2018/2009(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Encourages Member States and European institutions to support the further development of mediation at European level; calls on the Commission to assess systematically the impacts of mediation in the European judicial systems;
Amendment 70 #
2018/2009(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. HPoints out that the availability of legal aid and the level of court fees have a key impact on access to justice, in particular for citizens in poverty; highlights that legal aid for consumers below the poverty threshold remains an essential balancing factor; underlines the role of legal aid in guaranteeing that weaker parties may also have access to justice, a fundamental right under EU law;
Amendment 72 #
2018/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the need for a low Value Added Tax (VAT) for the provision of legal services at European level, in order to facilitate access to justice;
Amendment 78 #
2018/2009(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to introduce, during next year’s exercise, a new indicator on access to justice for the LGBTI community as well as for the communities of vulnerable groups (such as Roma people, homeless people, persons with disabilities or people below the poverty threshold), for example concerning access to legal aid, the length of proceedings in LGBTI discrimination cases or, where applicable, the impact of measures such as the reversed burden of proof;
Amendment 96 #
2018/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that judicial independence is a fundamental element of an effective justice system and vital for upholding the rule of law, the fairness of judicial proceedings and the trust of citizens and businesses in the legal system;
Amendment 1 #
2018/2005(INI)
Draft opinion
Paragraph –1 (new)
Paragraph –1 (new)
-1. Welcomes the reflection paper entitled ‘Harnessing globalisation’ and its focus on easing access to the positive effects of globalisation while pointing out the need to counter the negative effects;
Amendment 2 #
2018/2005(INI)
Draft opinion
Paragraph –1 a (new)
Paragraph –1 a (new)
-1a. Notes that the benefits of globalisation are unequally distributed between regions and within societies; notes that this is a reason for the rising scepticism or rejection of globalisation within societies; notes that the financial and economic crises had a particularly negative effect on mid-range incomes, as well as on social and labour rights; expresses the view that the combination of a declining citizens’ concerns over losing their social and economic position, and scepticism towards globalisation, can result in nationalist and authoritarian tendencies, which then lead to the promotion of protectionism and extremism as a populist answer to these concerns;
Amendment 3 #
2018/2005(INI)
Draft opinion
Paragraph –1 b (new)
Paragraph –1 b (new)
-1b. Notes the importance of engaging in the restructuring of the world economic order and of respecting the needs of developing countries, while stressing that the aim of fulfilling the Sustainable Development Goals (SDGs) and the conditions of the Paris Agreement must provide the overarching framework;
Amendment 6 #
2018/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that Europe faces many challenges linked to globalisation, but it is important to adapt the texts in force in a measured way, on an area-by-area basis, with due respect for national identitiesfundamental rights, democracy and the principles of subsidiarity and proportionality so as to take into account the fears expressed by a growing number of citizens about their futurereasoned concerns about the impacts of globalisation on the economy, society, technology, demography and the environment;
Amendment 8 #
2018/2005(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that strengthening the EU’s internal market as well as fairly and cohesively consolidating the economic union is vital, since a solid internal market is a prerequisite for the successful implementation of international strategies;
Amendment 10 #
2018/2005(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that this adjustment should take place in at least foursix areas: the strengthening of social (including labour) rights, the protection of intellectual property, the protection of protected geographical indications (PGIs), the protection of the environment, the taking into account of opinion 2/15 of 16 May 2017 of the Court of Justice of the European Union (CJEU) and the possible creation of a multilateral court for the settlement of disputes relating to investments;
Amendment 21 #
2018/2005(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that opinion 2/15 of the CJEU be taken into account, in particular in that it offers a key for the clear division of the competences between the Union and the Member States, and recalls that, as regards investment protection, the Court considers that the protection of non-direct investment and the investor-State dispute settlement mechanism are a competence shared between the Union and the Member Stat; stresses that this opinion, with regard to the scope of the exceptions to the qualified majority rule established in Article 207(4) TFEU, in particular in the field of trade in cultural and audiovisual services, where these trade agreements risk prejudicing the Union’s cultural and linguistic diversity and in the field of trade in social, education and health services, where these trade agreements risk seriously disturbing the national organisation of such services, wshereas the protection of direct investment falls within the exclusive competence of the Unionds a light on the strategic importance of parliamentary scrutiny regarding the respect of the obligations set by the Treaties when negotiating trade agreements;
Amendment 23 #
2018/2005(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to meet the growing complexity of value chains and the increasing interdependence of producers with clear transparency and diligence obligations for the whole supply chain;
Amendment 26 #
2018/2005(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need, in order to protect the public interest, to replace the arbitration courts with a multilateral court to settle investment disputes, and welcomes the fac that tshat the Counll respect judicial has just adopted a negotiating mandate to this effectindependency and the rule of law;
Amendment 27 #
2018/2005(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Supports, in the light of the above, initiatives likely to establish fair and undistorted conditions of competition, without excluding reasonable protection measurengthen the welfares such as those already decided on by the Union in the fight against dumping to limit imports of some Chinese products.tate, and the fight against economic, social and environmental dumping;
Amendment 32 #
2018/2005(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that, as a reply to globalisation-induced job losses, a reform of the European Globalisation Adjustment Fund is needed;
Amendment 34 #
2018/2005(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to meet scepticism towards globalisation with a credible initiative on transparency and on strengthening the application of fundamental rights;
Amendment 35 #
2018/2005(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Points out that the ratification and implementation of the ILO’s core labour standards must be a precondition for the implementation of any agreement; notes that organised civil society and social partners should be included in the formative stages of agreements, the implementation phase and the monitoring phase after implementation via bilateral meetings with the negotiating partners; notes that in case of a breach of the sustainability provisions of an agreement, the dispute settlement mechanism must be accessible to civil society as well as the negotiating partners;
Amendment 38 #
2018/2005(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Notes that free, fair and sustainable trade is economically desirable and has vital political implications; notes that it is important for Europe to use trade as an instrument for the promotion of democratic and sustainable development across the world;
Amendment 3 #
2018/0900(COD)
Draft regulation
Recital 4
Recital 4
(4) It is, moreover, clear from the review undertaken by the Court of Justice and the General Court that many appeals are brought in cases which have already been considered twice, initially by an independent administrative authority, then by the General Court, and that many of those appeals are dismissed by the Court of Justice because they are patently unfounded, or on the ground that they are manifestly inadmissible. In order to enable the Court of Justice to concentrate on the cases that require its full attention, it is necessary, in the interests of the proper administration of justice, to introduce, for appeals relating to such cases, a mechanism whereby the Court determines whether an appeal should be allowed to proceed. It would accordingly fall to the party challenging a decision of the General Court in those cases first to convince the Court of Justice of the significance of the questions raised by its appeal with respect to the unity, consistency, proper implementation or development of Union law and its core principles and values.
Amendment 5 #
2018/0900(COD)
Draft regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 58a – paragraph 1
Article 58a – paragraph 1
An appeal brought against a decision of the General Court concerning a decision of a board of appeal of the European Union Intellectual Property Office, the Community Plant Variety Office, the European Chemicals Agency or and the European Aviation Safety Agency shall not proceed unless the Court of Justice first decides that it should be allowed to do so.
Amendment 6 #
2018/0900(COD)
Draft regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 58a – paragraph 2
Article 58a – paragraph 2
An appeal shall be allowed to proceed, in accordance with the detailed rules set out in the Rules of Procedure, where it raises, wholly or in part, an issue that is significant with respect to the unity, consistency, proper implementation or development of Union law and its core principles and values.
Amendment 7 #
2018/0900(COD)
Draft regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 58a – paragraph 3
Article 58a – paragraph 3
The decision as to whether the appeal should be allowed to proceed shall beor not proceed shall be sufficiently reasoned and published.
Amendment 9 #
2018/0332(COD)
Proposal for a directive
Citation 1
Citation 1
Amendment 17 #
2018/0332(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission has examined available evidence, which points to the importance of having harmonised Union rules in this area to ensure the proper functioning of the internal market and avoid, inter alia, disruptions to the scheduling of transport operations and the functioning of information and communication systems, higher costs to cross-border trade, or lower productivity for goods and services. Evidence is not conclusive as to whether the benefits of summer-time arrangements outweigh the inconveniences linked to a biannual change of time. The Commission's proposal highlights the importance of EU-level harmonization for the smooth functioning of the internal market. Though this proposal is not sufficiently justified, as it does not sufficiently identify the problems created by existing legislation. Furthermore, it is still not known what the exact economic costs and the total impact of this change would be across Europe, as there is no impact assessment study and cost / benefit analysis conducted by the Commission.
Amendment 18 #
2018/0332(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A lively public debate is taking place on summer-time arrangements and some Member States have already expressed their preference to discontinue the application of such arrangements. Though concerns were expressed in some cases regarding the outcome of public consultations, as this does not derive from a representative sample of European citizens, with the Commission acknowledging the weakness of the internet process, indicating that 42% of the participating citizens who voted in favour of discontinuing seasonal changes come only from Germany. In the light of these developments, it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between Member States in this area. Therefore, it is appropriate to put an end in a coordinated way to summer-time arrangements.
Amendment 29 #
2018/0332(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should not prejudice the right of each Member State to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the Treaties, and on further changes thereto. However, in order to ensure that the application of summer-time arrangements by some Member States only does not disrupt the functioning of the internal market, Member States should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes, be such change presented as a change of time zone. Moreover, in order to minimise disruptions, inter alia, to transport, communications and other concerned sectors, they should notify the Commission in due time of their intention to change their standard time and subsequently apply the notified changes. The Commission should, on the basis of that notification, inform all other Member States so that they can take all necessary measures. It should also inform the general public and stakeholders by publishing this information.
Amendment 35 #
2018/0332(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 39 #
2018/0332(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 46 #
2018/0332(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Implementation of this Directive should be monitored. The results of this monitoring should be presented by the Commission in a sufficiently substantiated report to the European Parliament and to the Council. That report should be based on the information that is made available to the Commission by the Member States in a timely fashion to allow for the report to be presented at the specified time.
Amendment 48 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. Member States shall notmay apply seasonal changes to their standard time or times.
Amendment 51 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Notwithstanding paragraph 1, Member States may still apply a seasonal change of their standard time or times in 201925, provided that they do so at 1.00 a.m., Coordinated Universal Time, on 27 October 201925. The Member States shall notify this decision in accordance with Article 2.
Amendment 68 #
2018/0332(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall conduct a comprehensive impact assessment and a cost / benefit analysis regarding the discontinuing seasonal changes of time in the EU.
Amendment 73 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 1 April 201925 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 85 #
2018/0332(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Directive 2000/84/EC is repealed with effect from 1 April 2019.25
Amendment 42 #
2018/0227(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Among these challenges we must consider as of the greatest importance to favour and stimulate an inclusive digital transformation in terms of gender, generational and regional. Measures aimed at improving the training of workers in digital knowledge and preventing the increase of wage polarisation and inequality are very important.
Amendment 46 #
2018/0227(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The general objective of the Programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation, research and technological development, for the benefit of workers, businesses and citizens all over the Union. The programme should be structured into five Specific Objectives reflecting key policy areas, namely: high- performance computing, cybersecurity, artificial intelligence, advanced digital skills, and deployment, best use of digital capacities and interoperability. For all these areas, the Programme should also aim at better aligning Union, Member States and regional policies, and pooling of private and industrial resources in order to increase investment and develop stronger synergies.
Amendment 48 #
2018/0227(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) A central role in the implementation of the Programme should be attributed to Digital Innovation Hubs, which should stimulate the broad adoption of advanced digital technologies by industry, by public organisations and academia. A network of Digital Innovation Hubs should ensure the widest geographical coverage across Europe59 . A first set of Digital Innovation Hubs will be selected based on Member States’ proposals and then the network will be enlarged through an open, transparent and competitive process. The Digital Innovation Hubs will serve as access points to latest digital capacities including high performance computing (HPC), artificial intelligence, cybersecurity, as well as other existing innovative technologies such as Key Enabling Technologies, available also in fablabs or citylabs. They shall act as single-entry points in accessing tested and validated technologies and promote open innovation. They will also provide support in the area of advanced digital skills. The network of Digital Innovation Hubs should also contribute to the participation of the outermost regions in the Digital Single Market. _________________ 59 As indicated in the Communication on Digitising European Industry (COM(2016) 180 final)
Amendment 50 #
2018/0227(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To achieve maximum flexibility throughout the lifetime of the programme and develop synergies between its components, each of the specific objectives may be implemented through all instruments available under the Financial Regulation. The delivery mechanisms to be used are direct management and indirect management when Union financing should be combined with other sources of financing or when execution requires the setup of commonly governed structures. In the case of indirect management, the Commission will ensure that the quality and safety standards required for the direct management of the program are maintained and respected.
Amendment 53 #
2018/0227(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) For the high performance computing specific objective a joint undertaking is deemed the most suited implementation mechanism, in particular to coordinate national and Union strategies and investments in high performance computing infrastructure and research and development, pool resources from public and private funds, and safeguard the economic and strategic interests of the Union63 . Moreover, high performance computing competence centres in Member States will provide high performance computing services to industry, academia and public administrations. In addition, high-performance computing competence centres in the Member States will provide high-performance computing services to the industry, in particular to small businesses and start-ups, universities and public administrations. _________________ 63 Impact Assessment accompanying the document “Proposal for a Council Regulation on establishing the EuroHPC Joint Undertaking” (https://ec.europa.eu/digital-single- market/en/news/proposal-council- regulation-establishing-eurohpc-joint- undertaking-impact-assessment)
Amendment 55 #
2018/0227(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In addition to the purely technological aspects, artificial intelligence poses a challenge in organisational terms for the industry and for the public sector. Ensuring an inclusive and socially sustainable digital transition means incorporating workers and union organisations in this process of transformation in all phases of implementation of new technological resources.
Amendment 59 #
2018/0227(COD)
(22a) Known and denounced the abuses committed by some of the major references of global technology companies, the role of the public sector is essential to ensure that the freedom and privacy of Union citizens is protected at the highest possible level.
Amendment 62 #
2018/0227(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The Parliament also noted the important gender gap in terms of employment and training in the ICT sector, with negative implications for equality and in the labour market. In addition, Parliament noted its concern about the impacts of digitisation on working conditions and changes in the labour market. The Parliament called for safe and dignified working conditions and adequate training to improve the digital skills of the workforce in particular and society as a whole.
Amendment 63 #
2018/0227(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The advanced digital technologies supported by this Programme, such as high performance computing, cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed, implemented and scaled- up at Union level. Just as the deployment of these technologies require a Union response so does the skills dimension. Training opportunities in advanced digital skills need to be scaled up, increased and made accessible throughout the EU. Failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of Union’s economy. Moreover, as the Commission’s own studies point out (particularly its Communication on the mid-term review of the implementation of the Strategy for the Digital Single Market), national and regional inequalities have persisted and could increase in the coming years. For this reason, we consider it essential that the proposals incorporate objectives aimed at reducing the digital divide between countries and regions. Likewise, we believe it is necessary to carry out a specific evaluation of the different programs involved in the digitalization of European society in order to maximise their profits and resources. The Commission will present an evaluation and proposal in this regard within a maximum period of one year. The actions supported by this programme are complementary to those supported by the ESF, ERDF and Horizon Europe programmes.
Amendment 67 #
2018/0227(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Promoting digital infrastructure in the most disadvantaged areas is key to promoting inclusion. The reduction of the ‘digital divide’ in terms of use and access to infrastructure and digital services between administrations, individuals, households, businesses and geographical areas should be a central objective. The digital divide prevents administrations, especially local authorities, from taking full advantage of the benefits that digital technology can offer. This can continue to contribute to increasing income polarization and stimulate long-term unbalanced economic development.
Amendment 69 #
2018/0227(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The European Economic and Social Committee welcomed the communication on “Digitising European Industry” and considered it, together with accompanying documents, as “the first step in a vast European work programme to be carried out in close mutual cooperation between all interested public and private parties”.72 _________________ 72The Economic and Social Committee also noted [1] “that it remains to acknowledge most of the repercussions that digitisation has for employment purposes, which, therefore, are subject to poor treatment in the corresponding policies”. Likewise, the aforementioned communication pointed out the need to improve collective bargaining and the participation of workers in order to counteract the increase in income inequalities caused by digitisation. [1]Opinion of the European Economic and Social Committee on “the effects of digitisation on the services and employment sector in the framework of industrial changes” (2016 / C 013/24). .
Amendment 73 #
2018/0227(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘Digital Innovation Hub’ means legal entity designated or selected in an open, transparent and competitive procedure in order to fulfil the tasks under the Programme, in particular providing access to technological expertise and experimentation facilities, such as equipment and software tools to enable the digital transformation of the industry.
Amendment 76 #
2018/0227(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The Programme has the following general objective: to support the digital transformation of the European economy and society and bring its benefits to European citizens, workers and businesses. The Programme will:
Amendment 80 #
2018/0227(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) promote criteria and practices that favour an inclusive and socially sustainable use of digitisation.
Amendment 94 #
2018/0227(COD)
The financial intervention by the Union under Specific Objective 4. Advanced Digital skills shall support the development of advanced digital skills in areas supported by this programme, thus contributing to increase Europe’s talent pool, fostering greater professionalism, especially with regard to high performance computing, big data analytics, cybersecurity, distributed ledger technologies, robotics and artificial intelligence. The conception and teaching of the courses in any of its modalities will be subject to the highest standards of quality and recognition, so as to ensure formative processes appropriate to the objectives pursued. In general, public training centres will be prioritised. The financial intervention shall pursue the following operational objectives:
Amendment 101 #
2018/0227(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) Promote digital training considering the specificity of it in the field of disabilities.
Amendment 102 #
2018/0227(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) ensure that the public sector and areas of public interests, such as health and care, education, judiciary, transport, energy, environment, cultural and creative sectors, can deploy and access state-of-the- art digital technologies, in particular high performance computing, artificial intelligence and cybersecurity; guaranteeing that workers from the sectors referred to together with their Labour organizations, participate from the beginning in the design and implementation of digital technologies;
Amendment 105 #
2018/0227(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) ensure a continuous capacity at the Union level to observe, analyse and adapt to fast-evolving digital trends, as well as sharing and mainstreaming best practices; specifically, ask Eurofound, as a specialised agency, to incorporate a biannual study on the impact of digitalisation in the labour sphere;
Amendment 111 #
2018/0227(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 3
Article 10 – paragraph 1 – point 3
Amendment 112 #
2018/0227(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
Amendment 114 #
2018/0227(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Actions carried out under the Programme shall comply with the applicable security rules and in particular the protection of the classified information against unauthorised disclosure, including compliance with any relevant national and Union law. In case of actions carried out outside the Union, it is necessary that, in addition to the compliance with above requirements, a security agreement must have been concluded between the Union and the third country in which the activity is conducted.
Amendment 116 #
2018/0227(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 118 #
2018/0227(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The Commission will study the possibilities of improving the efficiency of the set of programs that offer resources in the field of digitisation. This improvement in efficiency and functionality can mean the merging of existing projects.
Amendment 122 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
(b) the need to ensure by the initial network a coverage of the needs of industry and areas of public interest and a comprehensive and balanced geographical coverage. This means a specific concern so that the digital divide in geographical terms does not increase.
Amendment 123 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Additional Digital Innovation Hubs shall be selected on the basis of an open, transparent and competitive process, in such a way to ensure the widest geographical coverage across Europe. The number of entities of the network shall be proportional to the population of a given Member States and there shall be at least one Digital Innovation Hub per Member State. To address the specific constraints faced by the EU outermost regions, specific entities may be nominated to cover their needs.
Amendment 124 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The Digital Innovation Hubs may receive funding in the form of grants from the Member States.
Amendment 125 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 6 – point d a (new)
Article 16 – paragraph 6 – point d a (new)
(da) The centres of digital innovation that receive financing must be equipped with mechanisms for the participation of workers in all processes.
Amendment 126 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 6 – point d b (new)
Article 16 – paragraph 6 – point d b (new)
(db) its inclusive condition in terms of gender.
Amendment 127 #
2018/0227(COD)
(dc) its inclusive condition in terms of disability.
Amendment 128 #
2018/0227(COD)
Proposal for a regulation
Article 16 – paragraph 6 – point d d (new)
Article 16 – paragraph 6 – point d d (new)
(dd) its ability to improve the digital skills of workers affected or concerned.
Amendment 131 #
2018/0227(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four3 years after the start of the implementation of the Programme.
Amendment 132 #
2018/0227(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. In particular, the Commission will submit its mid-term evaluation for consideration by Parliament.
Amendment 46 #
2018/0208(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human and fundamental rights, respect for human dignity, freedom, democracy, equality, the rule of law, social peace and stability. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
Amendment 48 #
2018/0208(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation, as well as the proper application and implementation of human and fundamental rights, and to fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 53 #
2018/0208(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for human and fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal and administrative matters and to promote and support the action of Member States in the field of crime prevention. Respect for human and fundamental rights as well as for common principles and values, such as non-discrimination, gender equality, effective access to justice for all, the rule of law and a well-functioning independent judicial system shall be ensured in the further development of a European area of justice.
Amendment 55 #
2018/0208(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The Treaty explicitly provides that the Union may adopt legal acts for the approximation of laws of the Member States. According to the Treaty, such acts may be adopted inter alia for the mutual recognition and enforcement between Member States of judgments and extrajudicial decisions; the cross-border service of judicial and extrajudicial documents; the compatibility of the private international law rules applicable in the Member States concerning conflict of laws and of jurisdiction; cooperation in the taking of evidence; effective access to justice; the elimination of obstacles to the proper functioning of civil, criminal and administrative proceedings, which may include making national court procedures more compatible; the development of alternative dispute resolution (ADR); and support for training of the judiciary and judicial staff;
Amendment 65 #
2018/0208(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and, criminal and administrative matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.
Amendment 75 #
2018/0208(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence, in particular in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra- judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.
Amendment 90 #
2018/0208(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa, EMCDDA, OLAF and the European Public Prosecutor Office, and should take stock of the work of other national and international actors in the areas covered by the Programme.
Amendment 97 #
2018/0208(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. Priority regarding the participation in Union programmes in the relevant framework should be given to Member States. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
Amendment 104 #
2018/0208(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, property registry agents, prison staff and probation officers.
Amendment 107 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, democracy, social peace and stability, fundamental rights, as well as on mutual recognition and mutual trust;
Amendment 110 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The Programme has the following specific objectives, as further detailed in Annex I:
Amendment 111 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of lawto strengthen access to justice to natural and legal persons and to promote the rule of law, the proper application and implementation of human and fundamental rights, including by supporting the efforts to improve the effectiveness of national justice systems and the adequate enforcement of judicial decisions;
Amendment 114 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to support and promote judicial trainingnational and transnational judicial training, and training on legal terminology, covering civil, criminal, administrative law, fundamental rights and fight against terrorism and radicalisation, with a view to fostering a common legal, judicial and rule of law culture;
Amendment 118 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to facilitate effective access to justice for all and effective redress, including by electronic means (e-justice), by promoting efficient civil and, criminal and administrative procedures and by promoting and supporting the rights of victims of crime (including environmental crime) as well as the procedural rights of suspects and accused persons in criminal proceedings.
Amendment 122 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) to promote practical application of drug-related research, to support civil society organisations and to expand the knowledge base and develop innovative methods of addressing the phenomenon of new psychoactive substances and trafficking in human beings and goods.
Amendment 126 #
2018/0208(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [3705 000 000] in current prices.
Amendment 130 #
2018/0208(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Programme shall be open with priority to EU countries, but it may be open also to the following third countries:
Amendment 132 #
2018/0208(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) acceding countries, candidate and potential candidatecountries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;
Amendment 137 #
2018/0208(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular, activities listed in Annex I shall be eligible for funding. the following activities shall be eligible for funding: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities1a to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law; 5. information and Communication Technology (ICT) as well as e-justice tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications; 6. developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme; 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network. _________________ 1a These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 141 #
2018/0208(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 – point a
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) they have been properly assessed in a call for proposals under the Programme;
Amendment 147 #
2018/0208(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Evaluations shall be carried out in a timely and well documented manner to feed into the decision- making process.
Amendment 148 #
2018/0208(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than fourthree years after the start of the programme implementation.
Amendment 149 #
2018/0208(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. At the end of the implementation of the Programme, but no later than fourthree years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.
Amendment 154 #
2018/0208(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 168 #
2018/0208(COD)
Proposal for a regulation
Annex II – paragraph 1 – introductory part
Annex II – paragraph 1 – introductory part
The Programme will be monitored on the basis of a set of adequate indicators (such as qualitative and quantitative) intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected and to maximising the effectiveness of justice systems. To that end, data will be collected, with respect for fundamental rights, as regards the following set of key indicators:
Amendment 14 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, open, inclusive and democratic society. That includes a vibrant civil society, encouraging by funding activities that promote a vibrant, well-developed, self-reliant and empowered civil society, including advocacy for the promotion and protection of our common values, and that encourage people's democratic, civic and social participation and fostering peace and the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifirequires that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action. The Commission should maintain a regular dialogue with the beneficiaries of the Programme as well as other relevant stakeholders by setting up a Civil Dialogue Group.
Amendment 18 #
2018/0207(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Full respect and promotion of the rule of law and democracy is fundamental to building citizens' trust in the Union. Respect for the rule of law within the Union is a prerequisite for the protection of fundamental rights, as well as for upholding all rights and obligations enshrined in the Treaties. The way in which the rule of law is implemented in the Member States plays a vital role in ensuring mutual trust among Member States and their legal systems. The Pprogramme should therefore promote and safeguard fundamental rights, democracy and the rule of law at local, regional, national and transnational levels.
Amendment 21 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue, social inclusion and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe.
Amendment 23 #
2018/0207(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Remembrance activities and critical reflection on Europe’s historical memory are necessary to make citizens aware of the common history and core values, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity based on diversity, solidarity and sense of belonging together.
Amendment 32 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, open, inclusive and democratic society. That includes a vibrant civil society, encouraging by funding activities that promote a vibrant, well-developed, self-reliant and empowered civil society, including advocacy for the promotion and protection of our common values, and that encourage people's democratic, civic and social participation and fostering peace and the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifirequires that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action. The Commission should maintain a regular dialogue with the beneficiaries of the Programme as well as other relevant stakeholders by setting up a Civil Dialogue Group.
Amendment 36 #
2018/0207(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Full respect and promotion of the rule of law and democracy is fundamental to building citizens' trust in the Union. Respect for the rule of law within the Union is a prerequisite for the protection of fundamental rights, as well as for upholding all rights and obligations enshrined in the Treaties. The way in which the rule of law is implemented in the Member States plays a vital role in ensuring mutual trust among Member States and their legal systems. The Programme should therefore promote and safeguard fundamental rights, democracy and the rule of law at local, regional, national and transnational level.
Amendment 38 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue, social inclusion and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe.
Amendment 39 #
2018/0207(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Remembrance activities and critical reflection on Europe’s historical memory are necessary to make citizens aware of the common history and core values, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity based on diversity, solidarity and sense of belonging together.
Amendment 40 #
2018/0207(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, their complementarity to Member States’ actionsbearing in mind the particular Union added value inherent in any action, including actions carried out at local, regional, national and transnational level, directed at promoting and safeguarding our common values as enshrined in Article 2 TEU, their complementarity to Member States’ actions, where actions at Member State level are present, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Justice Programme — as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesion, tourism, external relations, trade and, development, social funding and climate.
Amendment 43 #
2018/0207(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees and demands full transparency on the use of resources, sound financial management and prudent use of resources. In particular, rules concerning the possibility for local, regional, national and transnational civil society organisations to be funded through multiannual operating grants, cascading grants, provisions ensuring fast and flexible grant-making procedures, such as a two-step-application procedure, user- friendly applications and reporting procedures should be operationalised and further strengthened as part of the implementation of this Programme.
Amendment 44 #
2018/0207(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, bearing in mind the particular Union added value inherent in any action, including actions carried out at local, regional, national and transnational level, directed at promoting and safeguarding our common values as enshrined in Article 2 TEU, their complementarity to Member States’ actions, where actions at Member State level are present, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Justice Programme — as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, social support, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesion, tourism, external relations, trade and development, development, climate and environmental protection.
Amendment 45 #
2018/0207(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) In order to increase accessibility and provide guidance and practical information in relation to the Programme, each Member State should set up an independent National Contact Point with a view to providing assistance to both beneficiaries and applicants.
Amendment 46 #
2018/0207(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees and demands full transparency on the use of resources, sound financial management and prudent use of resources. In particular, rules concerning the possibility for local, regional, national and transnational civil society organisations to be funded through multiannual operating grants, cascading grants, provisions ensuring fast and flexible grant-making procedures, such as a two-step-application procedure, user- friendly applications and reporting procedures should be operationalised and further strengthened as part of the implementation of this Programme.
Amendment 49 #
2018/0207(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In order to increase accessibility and provide guidance and practical information in relation to the Programme, each Member State should set up an independent National Contact Point with a view to providing assistance to both beneficiaries and applicants.
Amendment 51 #
2018/0207(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 52 #
2018/0207(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 53 #
2018/0207(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down the objectives and scope of the Programme, the budget for the period 2021 – 2027, the forms of Union funding and the ruleconditions for providing such funding.
Amendment 53 #
2018/0207(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down the objectives and scope of the Programme, the budget for the period 2021 – 2027, the forms of Union funding and the ruleconditions for providing such funding.
Amendment 55 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including by supporting civil society organisationsdemocracy, the rule of law and fundamental rights as enshrined in Article 2 TEU, in particular by supporting and building the capacity of civil society organisations at local, regional, national and transnational level, in order to sustain open, rights-based, democratic, equal and inclusive societies.
Amendment 55 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including by supporting civil society organisationsdemocracy, the rule of law and fundamental rights as enshrined in Article 2 TEU, in particular by supporting and building the capacity of civil society organisations at local, regional, national and transnational level, in order to sustain open, rights-based, democratic, equal and inclusive societies.
Amendment 57 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. to promote and safeguard fundamental rights and values, democracy and the rule of law at local, regional, national and transnational level (Union values strand);
Amendment 58 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Within the general objective set out in Article 2(1) and within the specific objective set out in point (a) of Article 2(2), the Programme shall focus on:
Amendment 60 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. to promote and safeguard fundamental rights and values, democracy and the rule of law at local, regional, national and transnational level (Union values strand);
Amendment 60 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial, social, cultural or ethnic origin, religion or belief, disability, age or sexual orientation, and supporting comprehensive policies to promote gender equality and anti- discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance;
Amendment 62 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Within the general objective set out in Article 2(1) and within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on:
Amendment 63 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Within the general objective set out in Article 2(1) and within the specific objective set out in point (a) of Article 2(2), the Programme shall focus on:
Amendment 64 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) promoting exchange and cooperation between citizens of different countries; to promote citizens’ civic and democratic participation allowing citizens and representative associations to make known and publicly exchange their views in all areas of Union action, so as to increase the understanding of a pluralistic and participatory democracy, the rule of law and fundamental rights and values;
Amendment 65 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial, social, financial, cultural or ethnic origin, religion or belief, disability, age or sexual orientation, and supporting comprehensive policies to promote gender equality and anti- discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance;
Amendment 66 #
2018/0207(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) preventing and combating all forms of violence in particular against children, young people and women, as well as violence against all other groups at risk;
Amendment 67 #
2018/0207(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) supporting and protecting victims of suchviolence, including by facilitating and ensuring access to justice, access to victim support services and access to safe police reporting for all victims of violence.
Amendment 70 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Within the general objective set out in Article 2(1) and within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on:
Amendment 70 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [641 7051 974 457 000] in current prices.
Amendment 72 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) EUR [408.70574.457.000] for the specific objectives referred to in article 2(2)(a) and 2(2)(cpoints (a) and (c) of article 2(2);
Amendment 74 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) promoting exchange and cooperation between citizens of different countries; to promote citizens’ civic and democratic participation allowing citizens and representative associations to make known and publicly exchange their views in all areas of Union action, so as to increase the understanding of a pluralistic and participatory democracy, the rule of law and fundamental rights and values;
Amendment 74 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) EUR [233500.000.000] for the specific objective referred to in point (b) of Article 2(2)(b);
Amendment 76 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) EUR [1 000 000 000]for the specific objectives referred to in point (-a) of article 2(2);
Amendment 79 #
2018/0207(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) preventing and combating all forms of violence in particular against children, young people and women, as well as violence against all other groups at risk;
Amendment 79 #
2018/0207(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Programme may provide funding, through action grants and multiannual operating grants, in any of the forms laid down in the Financial Regulation, including the use of lump sums, unit costs, flat rates and cascading grants.
Amendment 80 #
2018/0207(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Actions contributing to the achievement of a general or specific objective specified in Article 2 may receive funding under this Regulation. In particular, activities listed in Annex I shall be eligible for funding.
Amendment 81 #
2018/0207(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) supporting and protecting victims of suchviolence, including by facilitating and ensuring access to justice, access to victim support services and access to safe police reporting for all victims of violence.
Amendment 82 #
2018/0207(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation and shall include action grants, multiannual operating grants and cascading grants.
Amendment 83 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [641 7051 974 457 000] in current prices.
Amendment 85 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) EUR [408.70574.457.000] for the specific objectives referred to in article 2(2)(a) and 2(2)(cpoints (a) and (c) of article 2(2);
Amendment 85 #
2018/0207(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The Commission shall apply the partnership principle when deciding its priorities under the Programme and provide for a comprehensive involvement of stakeholders into planning, implementation, monitoring and evaluation of this Programme and its work programmes in accordance with Article 15a.
Amendment 86 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) EUR [233500.000.000] for the specific objective referred to in point (b) of Article 2(2)(b);
Amendment 86 #
2018/0207(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The work programme shall be adopted by the Commission by means of an implementing act. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 19Commission is empowered to adopt delegated acts in accordance with Article 16 to supplement this Regulation by establishing the appropriate work programme.
Amendment 87 #
2018/0207(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate and least burdensome reporting requirements shall be imposed on recipients of Union funds and Member States. In order to facilitate reporting requirements being met, the Commission shall make available user-friendly formats and provide orientation and support programmes particularly targeted to social partners and organisations, who may not always have the know-how and adequate resources and staff to meet reporting requirements.
Amendment 88 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. EUR [1 000 000 000] for the specific objectives referred to in point (-a) of article 2(2);
Amendment 88 #
2018/0207(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The Commission shall make the evaluation public and easy accessible by publishing it on its website.
Amendment 89 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 13 and 14 shall be conferred on the Commission until 31 December 2027.
Amendment 90 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Articles13 and 14 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 91 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. When preparing and drawing up delegated acts, the Commission shall ensure a timely and simultaneous transmission of all documents, including the draft acts, to the European Parliament and the Council at the same time as to Member States' experts. Where they consider this necessary, the European Parliament and the Council may each send experts to meetings of the Commission expert groups dealing with the preparation of delegated acts to which Member States' experts are invited.
Amendment 92 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. Based on the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, citizens and other stakeholders may express their opinion on the draft text of a delegated act during a four-week period. The European Economic and Social Committee and the Committee of Regions shall be consulted on the draft text with respect to the implementation of the Programme.
Amendment 93 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. A delegated act adopted pursuant to Articles13 and 14 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 95 #
2018/0207(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Commission shall implement information and communication actions at local, regional, national and European level, relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 2.
Amendment 96 #
2018/0207(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Each Member State shall set up an independent National Contact Point with qualified staff tasked with providing the stakeholders and beneficiaries of the Programme with guidance, practical information and assistance regarding all aspects of the Programme, including in relation to the application procedure and proposal writing, distribution of documentation, partner search, training and other formalities.
Amendment 97 #
2018/0207(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Programme may provide funding, through action grants and multiannual operating grants, in any of the forms laid down in the Financial Regulation, including the use of lump sums, unit costs, flat rates and cascading grants.
Amendment 99 #
2018/0207(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Actions contributing to the achievement of a general or specific objective specified in Article 2 may receive funding under this Regulation. In particular, activities listed in Annex I shall be eligible for funding.
Amendment 99 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
(c) analytical and monitoring, reporting and advocacy activities31 to improve the understanding of the situation in the Member States and at EUnion level in the areas covered by the Programme as well as to improve the implementation of EU law and policitransposition and implementation of Union law, policies and common Union values (such as social cohesion and solidarity) within Member States ; _________________ 31 These activities include for instance the These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 101 #
2018/0207(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation and shall include action grants, multiannual operating grants and cascading grants.
Amendment 101 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point e a (new)
Annex I – paragraph 1 – point e a (new)
(ea) promoting public awareness and understanding of the risks, rules, safeguards and rights in relation to the protection of personal data, privacy, and digital security, as well as addressing fake news and targeted misinformation through awareness raising, trainings, studies and monitoring activities;
Amendment 103 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k a (new)
Annex I – paragraph 1 – point k a (new)
(ka) strengthening the capacity and independence of human rights defenders and civil society organisations monitoring the situation of the rule of law and supporting actions at local, regional, national and transnational levels;
Amendment 105 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k b (new)
Annex I – paragraph 1 – point k b (new)
(kb) supporting whistleblower defence, including initiatives and measures to establish safe channels for reporting within organisations and to public authorities or other relevant bodies, as well as measures to protect whistleblowers against dismissal, demotion or other forms of retaliation, including through information and training for relevant public authorities and stakeholders;
Amendment 106 #
2018/0207(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The Commission shall apply the partnership principle when deciding its priorities under the Programme and provide for a comprehensive involvement of stakeholders into planning, implementation, monitoring and evaluation of this Programme and its work programmes in accordance with Article 15a.
Amendment 106 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k c (new)
Annex I – paragraph 1 – point k c (new)
(kc) supporting initiatives and measures to promote and protect freedom and pluralism of the media and to build capacity for the new challenges such as new media and countering hate speech;
Amendment 107 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k d (new)
Annex I – paragraph 1 – point k d (new)
(kd) support and build capacity for civil society organisations active in promoting and monitoring integrity, poverty and corruption, transparency and accountability of public authorities;
Amendment 108 #
2018/0207(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The work programme shall be adopted by the Commission by means of an implementing act. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 19Commission is empowered to adopt delegated acts in accordance with Article 16 to supplement this Regulation by establishing the appropriate work programme.
Amendment 108 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k e (new)
Annex I – paragraph 1 – point k e (new)
(ke) supporting civil society organisations active in the area of protection and promotion of fundamental rights, including support for actions to raise awareness of fundamental rights and contribute to social support and human rights education.
Amendment 113 #
2018/0207(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate and least burdensome reporting requirements shall be imposed on recipients of Union funds and Member States. In order to facilitate reporting requirements being met, the Commission shall make available user-friendly formats and provide orientation and support programmes particularly targeted to social partners and organisations, who may not always have the know-how and adequate resources and staff to meet reporting requirements.
Amendment 116 #
2018/0207(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The Commission shall make the evaluation public and easy accessible by publishing it on its website.
Amendment 120 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 13 and 14 shall be conferred on the Commission until 31 December 2027.
Amendment 122 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Articles 13 and 14 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 125 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. When preparing and drawing up delegated acts, the Commission shall ensure a timely and simultaneous transmission of all documents, including the draft acts, to the European Parliament and the Council at the same time as to Member States' experts. Where they consider this necessary, the European Parliament and the Council may each send experts to meetings of the Commission expert groups dealing with the preparation of delegated acts to which Member States' experts are invited.
Amendment 127 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. Based on the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, citizens and other stakeholders may express their opinion on the draft text of a delegated act during a four-week period. The European Economic and Social Committee and the Committee of Regions shall be consulted on the draft text with respect to the implementation of the Programme.
Amendment 128 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. A delegated act adopted pursuant to Articles 13 and 14 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 133 #
2018/0207(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Commission shall implement information and communication actions at local, regional, national and European level, relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 2.
Amendment 134 #
2018/0207(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Each Member State shall set up an independent National Contact Point with qualified staff tasked with providing the stakeholders and beneficiaries of the Programme with guidance, practical information and assistance regarding all aspects of the Programme, including in relation to the application procedure and proposal writing, distribution of documentation, partner search, training and other formalities.
Amendment 138 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
(c) analytical and monitoring, reporting and advocacy activities31 to improve the understanding of the situation in the Member States and at EUnion level in the areas covered by the Programme as well as to improve the implementation of EU law and policies ; _________________ 31 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.transposition and implementation of Union law, policies and common Union values (such as social cohesion and solidarity) within Member States;
Amendment 139 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
(c) analytical and monitoring, reporting and advocacy activities31 to improve the understanding of the situation in the Member States and at EUnion level in the areas covered by the Programme as well as to improve the implementation of EU law and policies ; _________________ 31 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.transposition and implementation of Union law, policies and common Union values (such as solidarity and social cohesion) within Member States;
Amendment 140 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point e a (new)
Annex I – paragraph 1 – point e a (new)
(e a) promoting public awareness and understanding of the risks, rules, safeguards and rights in relation to the protection of personal data, privacy, and digital security, as well as addressing fake news and targeted misinformation through awareness raising, trainings, studies and monitoring activities;
Amendment 143 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k a (new)
Annex I – paragraph 1 – point k a (new)
(k a) strengthening the capacity and independence of human rights defenders and civil society organisations monitoring the situation of the rule of law and supporting actions at local, regional, national and transnational levels;
Amendment 144 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k b (new)
Annex I – paragraph 1 – point k b (new)
(k b) supporting whistleblower defence, including initiatives and measures to establish safe channels for reporting within organisations and to public authorities or other relevant bodies, as well as measures to protect whistleblowers against dismissal, demotion or other forms of retaliation, including through information and training for relevant public authorities and stakeholders;
Amendment 145 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k c (new)
Annex I – paragraph 1 – point k c (new)
(k c) supporting initiatives and measures to promote and protect freedom and pluralism of the media and to build capacity for the new challenges such as new media and countering hate speech;
Amendment 146 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k d (new)
Annex I – paragraph 1 – point k d (new)
(k d) support and build capacity for civil society organisations active in promoting and monitoring integrity, poverty and corruption, transparency and accountability of public authorities;
Amendment 147 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k e (new)
Annex I – paragraph 1 – point k e (new)
(k e) supporting civil society organisations active in the area of protection and promotion of fundamental rights, including support for actions to raise awareness of fundamental rights and contribute to social support and human rights education.
Amendment 145 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) "social inclusion" means the process of improving the terms on which individuals and groups take part in society – improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.
Amendment 155 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
It shall be implemented in response to Member States' challenges identified through official data and statistics as well as in their national reform programmes, the EU Semester and relevant country- specific recommendations:
Amendment 164 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to employment of all jobseekers, in particular youth and long- term unemployed, and of inactive people, promoting employment, self-employment and the social economy;
Amendment 172 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point v
Article 4 – paragraph 1 – point v
(v) promoting equal access to and completion of, quality and inclusive education and training, ensuring it is non segregated and adequately addresses early school leaving, among others through second chance opportunities, in particular for disadvantaged groups, from early childhood education and care through general and vocational education and training, and to tertiary level, as well as adult education and learning, including facilitating learning mobility for all and accessibility for persons with disabilities;
Amendment 25 #
2018/0205(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 86/278/EEC
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The records referred to in paragraph 1 shall be made available and easy accessible to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.
Amendment 26 #
2018/0205(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 86/278/EEC
Article 10 – paragraph 3
Article 10 – paragraph 3
Information on the methods of treatment and the results of the analyses shall be released upon request to the competent authorities.
Amendment 27 #
2018/0205(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 86/278/EEC
Article 17
Article 17
The Commission is empowered to lay down, by means of an implementing act, a format in accordance with which Member States are to provide information in due time on the implementation of Directive 86/278/EEC as required by Article 10 of this Directive. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to Articles 10 and 17..
Amendment 28 #
2018/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Directive 2002/49/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that the strategic noise maps they have made, and where appropriate adopted, and the action plans they have drawn up are made without delay available and disseminated to the public in accordance with relevant EU legislation, in particular Directive 2003/4/EC of the European Parliament and of the Council* and Directive 2007/2/EC of the European Parliament and of the Council **, and in conformity with Annexes IV and V to Directive 2002/49/EC, including by means of available information technologies.
Amendment 31 #
2018/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
Directive 2004/35/EC
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall ensure that adequate and up-to-date information, at leastinter alia on imminent threats of damage is directly available to the public in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.
Amendment 35 #
2018/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Directive 2004/35/EC
Annex VI – point 7 c a (new)
Annex VI – point 7 c a (new)
(ca) relevant judicial proceedings;
Amendment 39 #
2018/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
Directive 2009/147/EC
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The relevant terrestrial and the marine part under this Directive shall be reported at the same time.
Amendment 41 #
2018/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point a
Article 6 – paragraph 1 – point 2 – point a
Directive 2010/63/EC
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
Member States shall by 30 September 2023, and every 5 years thereafter, send without delay the information on the implementation of this Directive and in particular Articles 10(1), 26, 28, 34, 38, 39, 43 and 46 thereof.
Amendment 42 #
2018/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point a
Article 6 – paragraph 1 – point 2 – point a
Directive 2010/63/EC
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
Member States shall submit and publish that data without delay, by electronic transfer in a format established by the Commission in accordance with paragraph 4.
Amendment 44 #
2018/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point a Directive 2010/63/EC
Article 6 – paragraph 1 – point 2 – point a Directive 2010/63/EC
Member States shall collect and make publicly available, on an annual basis, and without delay statistical information on the use of animals in procedures, including information on the actual severity of the procedures and on the origin and species of non-human primates used in procedures.
Amendment 45 #
2018/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point a
Article 6 – paragraph 1 – point 2 – point a
Directive 2010/63/EC
Article 54 – paragraph 2 – subparagraph 2
Article 54 – paragraph 2 – subparagraph 2
Member States shall submit that statistical information to the Commission, at the latest by 30 September of the following year, by electronic transfer, in a summarised and non- summarised format established by the Commission in accordance with paragraph 4.
Amendment 46 #
2018/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 1
Article 7 – paragraph 1 – point 1
Regulation (EC) No 166/2006
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The operator of each facility that undertakes one or more of the activities specified in Annex I, above the applicable capacity thresholds specified therein, shall communicate without delay by electronic means to its competent authority the information identifying the facility in accordance with the format referred to in Article 7(2) unless that information is already available to the competent authority.;
Amendment 48 #
2018/0205(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Regulation (EU) No 995/2010
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).
Amendment 49 #
2018/0205(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Regulation (EU) No 995/2010
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Based on the information referred to in paragraph 1, the Commission services shall make without delay publicly available, on an annual basis, a Union-wide overview on the basis of the data submitted by the Member States. In preparing the overview, the Commission services shall have regard to the progress made in respect of the conclusion and operation of the FLEGT VPAs pursuant to Regulation (EC) No 2173/2005 and their contribution to minimising the presence of illegally harvested timber and timber products derived from such timber on the internal market.
Amendment 50 #
2018/0205(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 1
Article 9 – paragraph 1 – point 1
Regulation (EC) No 2173/2005
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year.
Amendment 51 #
2018/0204(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The receiving agency should, in all circumstances and with no margin of discretion in that regard, inform the addressee in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service. . This rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal. The right of refusal should also apply in respect of service by diplomatic or consular agents, service by postal services and direct service. It should be possible to remedy the service of the refused document by serving a translation of the document on the addressee.
Amendment 64 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 a – paragraph 3
Article 3 a – paragraph 3
3. Where the documents, requests, confirmations, receipts, certificates and other communication referred to in paragraph 1 require or feature a seal or handwritten signature, ‘qualified electronic seals’ and ‘qualified electronic signatures’ as defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council may be used instead, provided that it is fully ensured that the person to be served with the aforementioned documents has obtained knowledge of these documents in sufficient time and in lawful manner.
Amendment 68 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 a – paragraph 4 a (new)
Article 3 a – paragraph 4 a (new)
4a. The fundamental rights and freedoms of all involved persons, and in particular the right to the protection of personal data and privacy shall be fully observed and respected.
Amendment 70 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 b – paragraph 3 a (new)
Article 3 b – paragraph 3 a (new)
3a. The Union may co-finance the costs of the installation, operation and maintenance of communication infrastructure access points of the Member States, as well as the costs of establishing and adjusting the national IT systems.
Amendment 72 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 c – paragraph 1 – point c
Article 3 c – paragraph 1 – point c
(c) detailed practical guidance online accessible on the mechanisms available for the determination of the addresses of persons within the framework of the European Judicial Network in civil and commercial matters and with a view to making the information available to the public.
Amendment 77 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 Regulation (EC) No 1393/2007
Article 1 – paragraph 1 – point 5 Regulation (EC) No 1393/2007
2. Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall contact without delay the transmitting agency in order to secure the missing information or documents.
Amendment 86 #
2018/0204(COD)
(a) a language which is presumed that the addressee understands;
Amendment 87 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 1– point b
Article 8 – paragraph 1– point b
Amendment 88 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The addressee may, based on reasons, refuse to accept the document at the time of service or within two weeks by returning the standard form set out in Annex II to the receiving agency.
Amendment 98 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1393/2007
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Each Member State shall provide the Commission with the information on the type of professions or competent persons who are permitted to carry out service under this Article in their territory. This information shall be accessible online;
Amendment 104 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where a document instituting the proceedings has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given until it is established that the service or the delivery was effected in sufficient time and in a lawful manner to enable the defendant to defend and that:
Amendment 106 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
Amendment 107 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
Amendment 110 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 5 – point a
Article 19 – paragraph 5 – point a
(a) the defendant, without any fault on his part, did not have knowledge of the document in sufficient time and/or in a lawful manner to defend, or knowledge of the judgment in sufficient time to appeal;
Amendment 111 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 5 – point b
Article 19 – paragraph 5 – point b
(b) the defendant has disclosed a prima facie defence to the action on the meritsclaims of the defendant are well-founded.
Amendment 44 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) N° 1206/2001
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Requests and communications pursuant to this Regulation shall be transmitted through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure and reliable cross-border exchange of information between the national IT systems with due full respect for the fundamental rights and freedoms.
Amendment 50 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where requests and communications referred to in paragraph 1 require or feature a seal or handwritten signature, ‘qualified electronic seals’ and ‘qualified electronic signatures’ as defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council may be used instead, provided that it is fully ensured that the persons involved have obtained knowledge of these documents in sufficient time and in lawful manner.
Amendment 61 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 1
Article 17a – paragraph 1
1. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert and the court does not request the competent court of another Member State to take evidence in accordance with Article 1(1)(a), the court shallcan take evidence directly in accordance with Article 17 via videoconference, if available to the respective courts, where it deems the use of such technology appropriate on account of the specific circumstances of the case.
Amendment 66 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 2 a (new)
Article 17a – paragraph 2 a (new)
2 a. A transcript of the recording of the videoconference shall be provided to the competent court and to any party involved in the dispute.
Amendment 68 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) N° 1206/2001
Article 17a – paragraph 3 – point a
Article 17a – paragraph 3 – point a
(a) the central body or the competent authority referred to in Article 3(3) in the requested Member State mayshall assign a court to take part in the performance of the taking of evidence in order to ensure respect for the fundamental principles of the law of the requested Member State;
Amendment 75 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1206/2001
Article 17b
Article 17b
Diplomatic officers or consular agents of a Member State may, in the territory of another Member State and within the area where they exercise their functions, take evidence without the need foafter a prior request pursuant to Article 17(1), by hearing nationals of the Member State which they represent without compulsion in the context of proceedings pending in the courts of the Member State which they represent.’;
Amendment 81 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1206/2001
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Article 19(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 45 #
2018/0196(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Demographic handicaps should be tackled in a coordinated manner through the action of all European, national, regional and local authorities and by pursuing adaptation strategies reflecting local and regional realities and delivering effective multi-level governance both in the architecture of these specific policies targeted at particular regions and in their implementation. A more comprehensive approach to demographic handicaps and relevant changes should be ensured through a greater coordination of EU instruments, in particular the common agricultural policy (CAP), ESI Funds, including the Cohesion Fund, European Territorial Cooperation, the European Fund for Strategic Investments (EFSI) and the Connecting Europe Facility.
Amendment 86 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) a greener, low-carbon Europe by promoting a viable environment, clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk prevention and management;
Amendment 87 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) a more social and cohesive Europe implementing the European Pillar of Social Rights and combating in particular inequalities, poverty, social exclusion and unemployment;
Amendment 90 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) a Europe closer to citizens by fostering the sustainable and, integrated and balanced development of urban, rural and coastal areas and local initiatives.
Amendment 93 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall provide in due time information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.
Amendment 115 #
2018/0196(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall submit programmes to the Commission no later than 36 months after the submission of the Partnership Agreement.
Amendment 121 #
2018/0196(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations as well as country-specific economic, social and territorial disparities, .
Amendment 124 #
2018/0196(COD)
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period on due justification an amount of up to 5 % of the initial allocation of a priority and no more than 35 % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.
Amendment 131 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
They mayshall also contain a list of operations to be supported.
Amendment 141 #
2018/0196(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The monitoring committee shall meet at least ontwice a year and shall review all issues that affect the programme's progress towards achieving its objectives.
Amendment 199 #
2018/0196(COD)
Proposal for a regulation
Article 103 – paragraph 1 – subparagraph 1
Article 103 – paragraph 1 – subparagraph 1
The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 3360 624 388 630 in 2018 prices.
Amendment 200 #
2018/0196(COD)
Proposal for a regulation
Article 103 – paragraph 1 – subparagraph 2
Article 103 – paragraph 1 – subparagraph 2
For the purposes of programming and subsequent inclusion in the budget of the Union, that amount shall be indexed at 2,5 % per year.
Amendment 201 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 705 % for the less developed regions ;
Amendment 19 #
2018/0189(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) In this context on 6.10.2015 the European parliament adopted a resolution 1aon the possible extension of geographical indication protection of the EU to non-agricultural products _________________ 1a P8_TA (2015)0331
Amendment 26 #
2018/0189(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to ensure that additional geographical indications protected and registered in the Union are registered in the International Register, as well as including the extension of protection to geographical indications for non- agricultural products, it is appropriate to authorise the Commission, at a later stage, to file applications for the international registration of such additional geographical indications, on its own initiative or at the request of a Member State or of an interested group of producers or, in exceptional cases, at the request of a single producer.
Amendment 29 #
2018/0189(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The Commission should submit a legislative proposal to extend the protection granted to geographical indications under Union law to non- agricultural products as soon as possible.
Amendment 36 #
2018/0189(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) the export value of the geographical indication and/or their export potential;
Amendment 37 #
2018/0189(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point b a (new)
Article 2 – paragraph 3 – point b a (new)
(b a) the special economic and regional importance of the geographical indication;
Amendment 38 #
2018/0189(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e
Article 2 – paragraph 3 – point e
(e) the overall numbercurrent or potential misuse of geographical indications originating in the territories of the other members of the Special Union and registered in the register of the International Bureau (’the International Register’).in the third countries concerned;
Amendment 39 #
2018/0189(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
Article 2 – paragraph 3 – point e a (new)
(e a) the protection of geographical indications under other agreements;
Amendment 43 #
2018/0189(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Where, based on the assessment carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in that paragraph are not fulfilled, it shall take a sufficiently reasoned decision to refuse protection of the geographical indication by means of an implementing act adopted in accordance with the examination procedure referred to in Article 13(2). In respect of geographical indications covering products not falling within the competence of the Committees provided in Article 13(1) the decision will be adopted by the Commission without application of the examination procedure referred to in Article 13(2).
Amendment 45 #
2018/0189(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Within twosix months from the date of publication of the name of the geographical indication in the Official Journal of the European Union in accordance with Article 4(2), the authorities of a Member State or of a third country other than the Contracting Party of Origin, or a natural or legal person having a legitimate interest and established in the Union or in a third country other than the Contracting Party of Origin may lodge an opposition with the Commission, in one of the official languages of the Union.
Amendment 46 #
2018/0189(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) that the protection in the Union of the geographical indication proposed would jeopardise the use of an entirely or partly identical name or the exclusive nature of a trade mark or the economic value of products which have been legally placed on the market for at least five years preceding the date of the publication of the name of the geographical indication in the Official Journal of the European Union in accordance with Article 4(2);
Amendment 48 #
2018/0189(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 20 #
2018/0170(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) According to the Commission Report on Evaluation of the application of Regulation (EU, Euratom) No 883/2013 the extent to which Regulation No 883/2013 makes national law applicable is not completely clear. Different interpretations of the relevant provisions, and differences in national law, lead to a fragmentation in the exercise of OLAF's powers in the Member States, in some cases hindering OLAF’s ability to successfully conduct investigations and ultimately to contribute to the Treaty objective of an effective protection of the financial interests across the Union.
Amendment 21 #
2018/0170(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 22 #
2018/0170(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In view of their common goal to preserve the integrity of the Union budget, the Office and the EPPO should establish and maintain a close relationship based on sincere cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action, in particular as regards the scope of the enhanced cooperation for the establishment on the EPPO. Ultimately, the relationship should contribute to ensuring that all means are used to protect the financial interests of the Union and avoiding unnecessary duplication of efforts. However, in various cases, the activities of OLAF and the EPPO will not need to be coordinated due to their distinct mandates, with the EPPO conducting criminal investigations and OLAF administrative investigations focusing on financial, disciplinary and administrative follow-up.
Amendment 22 #
2018/0170(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In view of their common goal to preserve the integrity of the Union budget, the Office and the EPPO should establish and maintain a close relationship based on sincere cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action, in particular as regards the scope of the enhanced cooperation for the establishment on the EPPO. Ultimately, the relationship should contribute to ensuring that all means are used to protect the financial interests of the Union and avoiding unnecessary duplication of efforts. However, in various cases, the activities of OLAF and the EPPO will not need to be coordinated due to their distinct mandates, with the EPPO conducting criminal investigations and OLAF administrative investigations focusing on financial, disciplinary and administrative follow-up.
Amendment 24 #
2018/0170(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Once the EPPO is established, OLAF’s overall mandate shall not change, but its operation shall be adapted in several ways to the existence of the EPPO. OLAF shall remain competent for the administrative investigation of suspected fraudulent and non-fraudulent irregularities within the Union IBOAs and in all Member States, with a view to issuing recommendations to launch judicial, disciplinary, financial or administrative procedures.
Amendment 26 #
2018/0170(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Once the EPPO is established, OLAF’s overall mandate shall not change, but its operation shall be adapted in several ways to the existence of the EPPO. OLAF shall remain competent for the administrative investigation of suspected fraudulent and non-fraudulent irregularities within the Union IBOAs and in all Member States, with a view to issuing recommendations to launch judicial, disciplinary, financial or administrative procedures.
Amendment 46 #
2018/0170(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The early and without delay transmission of information by the Office for the purpose of adopting precautionary measures is an essential tool for the protection of the Union's financial interests. In order to ensure close cooperation in this regard between the Office and the institutions, offices, bodies and agencies of the Union, it is appropriate that the latter have the possibility to consult at any time the Office with a view to deciding on any appropriate precautionary measures, including measures for the safeguarding of evidence.
Amendment 47 #
2018/0170(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The early and without delay transmission of information by the Office for the purpose of adopting precautionary measures is an essential tool for the protection of the Union's financial interests. In order to ensure close cooperation in this regard between the Office and the institutions, offices, bodies and agencies of the Union, it is appropriate that the latter have the possibility to consult at any time the Office with a view to deciding on any appropriate precautionary measures, including measures for the safeguarding of evidence.
Amendment 53 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 5
Article 3 – paragraph 5
5. In the exercise of these powers, the Office shall comply with the procedural guarantees provided for in this Regulation and in Regulation (Euratom, EC) No 2185/96. In the conduct of an on-the-spot check and inspection, the economic operator concerned shall have the right not to make self-incriminating statements and to be assisted by a person of choice. When making statements during the on the spot checks, the economic operator shall be provided with the possibility to use any of the official languages of the Member State where he is located. The right to be assisted by a person of choice shall not prevent access by the Office to the premises of the economic operator, and shall not unduly delay the start of the check.
Amendment 55 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
At the request of the Office, the competent authority of the Member State concerned shall provide without delay the staff of the Office with the assistance needed in order to carry out their tasks effectively, as specified in the written authorisation referred to in Article 7(2).
Amendment 56 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 5
Article 3 – paragraph 5
5. In the exercise of these powers, the Office shall comply with the procedural guarantees provided for in this Regulation and in Regulation (Euratom, EC) No 2185/96. In the conduct of an on-the-spot check and inspection, the economic operator concerned shall have the right not to make self-incriminating statements and to be assisted by a person of choice. When making statements during the on the spot checks, the economic operator shall be provided with the possibility to use any of the official languages of the Member State where he is located. The right to be assisted by a person of choice shall not prevent access by the Office to the premises of the economic operator, and shall not unduly delay the start of the check.
Amendment 56 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
The Member State concerned shall ensure, in accordance with Regulation (Euratom, EC) No 2185/96, that the staff of the Office are allowed access to all information and documents relating to the matter under investigation which prove necessary in order for the on-the-spot checks and inspection to be carried out effectively and efficiently, and that they are able to assume custody of documents or data to ensure that there is no danger of their disappearance. The fundamental rights, and in particular the right to privacy, shall be fully respected.
Amendment 57 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 6
Article 3 – paragraph 6
At the request of the Office, the competent authority of the Member State concerned shall provide without delay the staff of the Office with the assistance needed in order to carry out their tasks effectively, as specified in the written authorisation referred to in Article 7(2).
Amendment 59 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 6
Article 3 – paragraph 6
The Member State concerned shall ensure, in accordance with Regulation (Euratom, EC) No 2185/96, that the staff of the Office are allowed access to all information and documents relating to the matter under investigation which prove necessary in order for the on-the-spot checks and inspection to be carried out effectively and efficiently, and that they are able to assume custody of documents or data to ensure that there is no danger of their disappearance. The fundamental rights, and in particular the right to privacy, shall be fully respected.
Amendment 60 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 9
Article 3 – paragraph 9
9. During an external investigation, the Office may have access to any relevant information and data, irrespective of the medium on which it is stored, held by the institutions, bodies, offices and agencies, connected with the matter under investigation, where necessary in order to establish whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union, whilst respecting the confidentiality of the investigations, the legitimate rights of the persons concerned and, where appropriate, national provisions applicable to judicial proceedings. For that purpose Article 4(2) and (4) shall apply.
Amendment 62 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 9
Article 3 – paragraph 9
9. During an external investigation, the Office may have access to any relevant information and data, irrespective of the medium on which it is stored, held by the institutions, bodies, offices and agencies, connected with the matter under investigation, where necessary in order to establish whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union, whilst respecting the confidentiality of the investigations, the legitimate rights of the persons concerned and, where appropriate, national provisions applicable to judicial proceedings. For that purpose Article 4(2) and (4) shall apply.
Amendment 65 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU, Euratom) No 883/2013
Article 5 – paragraph – subparagraph 1
Article 5 – paragraph – subparagraph 1
Without prejudice to Article 12d, the Director-General may open an investigation when there is a sufficient suspicion or strong indications, which may also be based on information provided by any third party or anonymous information, that there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union.;
Amendment 67 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
In addition to the first subparagraph, the institution, body, office or agency concerned may at any time consult the Office with a view to taking, in close cooperation with the Office, any appropriate precautionary measures, including measures for the safeguarding of evidence, and shall inform the Office without delay of such decision. The Office shall cooperate constructively and in full synergy with the institution body, office or agency concerned;
Amendment 67 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU, Euratom) No 883/2013
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to Article 12d, the Director-General may open an investigation when there is a sufficient suspicion or when there are strong indications, which may also be based on information provided by any third party or anonymous information, that there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union.;
Amendment 70 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 6
Article 7 – paragraph 6
In addition to the first subparagraph, the institution, body, office or agency concerned may at any time consult the Office with a view to taking, in close cooperation with the Office, any appropriate precautionary measures, including measures for the safeguarding of evidence, and shall inform the Office without delay of such decision.; The Office shall cooperate constructively and in full synergy with the institution body, office or agency concerned;
Amendment 71 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 2
Article 8 – paragraph 2
The institutions, bodies, offices and agencies and, unless prevented by national law, the competent authorities of the Member States shall, at the request of the Office or on their own initiative, transmit without delay to the Office any document or information they hold which relates to an ongoing investigation by the Office.
Amendment 72 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The institutions, bodies, offices and agencies and, unless prevented by national law, the competent authorities of the Member States shall transmit without delay to the Office any other document or information considered pertinent which they hold relating to the fight against fraud, corruption and any other illegal activity affecting the financial interests of the Union.;
Amendment 72 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The institutions, bodies, offices and agencies and, unless prevented by national law, the competent authorities of the Member States shall, at the request of the Office or on their own initiative, transmit without delay to the Office any document or information they hold which relates to an ongoing investigation by the Office.
Amendment 74 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The report may be accompanied by documented recommendations of the Director-General on action to be taken. Those recommendations shall, where appropriate, indicate any disciplinary, administrative, financial and/or judicial action by the institutions, bodies, offices and agencies and by the competent authorities of the Member States concerned, and shall specify in particular the estimated amounts to be recovered, as well as the preliminary classification in law of the facts established.;
Amendment 75 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2 – subparagraph 2 (new)
Article 11 – paragraph 2 – subparagraph 2 (new)
The Office shall take proper internal measures to ensure the consistent quality of final reports and recommendations, and consider whether there is a need to revise the Guidelines on Investigation Procedures, to address any possible inconsistencies.
Amendment 75 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The institutions, bodies, offices and agencies and, unless prevented by national law, the competent authorities of the Member States shall transmit without delay to the Office any other document or information considered pertinent which they hold relating to the fight against fraud, corruption and any other illegal activity affecting the financial interests of the Union.;
Amendment 76 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2
Article 11 – paragraph 2
Reports drawn up by the Office shall constitute admissible evidence in judicial proceedings before the Union courts and in administrative proceedings in the Union, provided that they have been drawn up lawfully.;
Amendment 76 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a a (new)
Article 1 – paragraph 1 – point 8 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
(a a) the following paragraph 5a is added: "The investigative acts carried out by OLAF are subject to judicial review by the Court of Justice pursuant to Article 263 TFEU."
Amendment 80 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The report may be accompanied by well documented recommendations of the Director-General on action to be taken. Those recommendations shall, where appropriate, indicate any disciplinary, administrative, financial and/or judicial action by the institutions, bodies, offices and agencies and by the competent authorities of the Member States concerned, and shall specify in particular the estimated amounts to be recovered, as well as the preliminary classification in law of the facts established.;
Amendment 82 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2 – subparagraph 1 a (new)
Article 11 – paragraph 2 – subparagraph 1 a (new)
The Office shall take proper internal measures to ensure the consistent quality of final reports and recommendations, and consider whether there is a need to revise the Guidelines on Investigation Procedures, to address any possible inconsistencies.
Amendment 84 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2 – subparagraph 5
Article 11 – paragraph 2 – subparagraph 5
Reports drawn up by the Office shall constitute admissible evidence in judicial proceedings before the Union courts and in administrative proceedings in the Union provided that they have been drawn up lawfully.;
Amendment 8 #
2018/0168(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Uninsured driving, circulating with a motor vehicle without a compulsory motor third party liability insurance, is an increasing problem within the EU. The cost for the EU has been estimated at € 870 million in claims in 2011 for the EU as a whole. It shall be stressed that uninsured driving negatively affects a wide range of stakeholders including victims of accidents, insurers, guarantee funds and motor insurance policyholders.
Amendment 20 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 1 a a (new)
Article 10 a – paragraph 1 a a (new)
(aa) the insurance undertaking became insolvent
Amendment 21 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 – paragraph 1 a b (new)
Article 10 – paragraph 1 a b (new)
(ab) the insurance undertaking has insufficient financial resources to compensate victims of accidents involving autonomous vehicles circulating within the EU;
Amendment 22 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 1 – point c
Article 10 a – paragraph 1 – point c
(c) the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in a claim for compensation within three6 months after the date on which the injured party presented his or her claim to that insurance undertaking.
Amendment 30 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 c
Article 28 c
No later than sefiven years after the date of transposition of this Directive, an evaluation of this Directive shall be carried out. The Commission shall communicate the conclusions of the evaluation accompanied by its observations to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 28 #
2018/0161(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) By providing for a period of supplementary protection of up to five years, Regulation (EC) No 469/2009 seeks to promote, within the Union, the research and innovation that is necessary to develop medicinal products, and to contribute to preventing the relocation of pharmaceutical research outside the Union to countries that may offer greater protection, while at the same time ensuring access to medicines.
Amendment 46 #
2018/0161(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This puts manufacturers of generics and biosimilars established in the Union at a significant competitive disadvantage compared with manufacturers based in third countries that offer less or no protection, which also leads to higher prices for medical products.
Amendment 57 #
2018/0161(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The aim of this Regulation is to ensure that manufacturers established in the Union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired. It is intended to complement the efforts of the Union’s trade policy to ensure open markets for Union-based manufacturers of medicinal products. Indirectly, it is also intended to put those manufacturers in a better position to enter the Union market immediately after expiry of the relevant supplementary protection certificate. It would also help to serve the aim of fostering access to medicines in the Union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate.
Amendment 147 #
2018/0161(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates granted on or after a specified dathe right to health care in Article 35 of the Charter by making medicines more accessible to EU patients, and the principle of proportionality in Article 52 of the Charter, while allowing a reasonable predictability for applicants and other relevant market players, by confining the exception to certificates granted after the entry into force of this Regulation and by imposing certain conditions on the application of the exception,
Amendment 162 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The certificate referred to in paragraph 1 shall not confer protection against a particularcertain acts against which the basic patent conferred protection if, with respect to that particular act, the following conditions are met:
Amendment 167 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the acts comprises:
Amendment 175 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point i
Article 4 – paragraph 2 – point a – point i
(i) making for the exclusive purpose(s) of export to third countries; and/or entry onto the market of Member States after expiry of the certificate in those Member States; and/or
Amendment 186 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) any related act that is strictly necessary for that making or for the actual export itself, and/or for effectively entering the market of Member States after expiry of the certificate in those Member States;
Amendment 197 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the authority referred to in Article 9(1) of the Member State where that making is to take place (‘the relevant Member State’) is notified by the person doing the making (‘the maker’) of the information listed in paragraph 3 no later than 28 days before the intended start date of making in that Member State; in order to preserve the competitiveness of this sector, commercially sensitive information shall not be disclosed to any competitor (generics and/or the originator).
Amendment 233 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
Amendment 248 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Paragraph 2 shall apply in the case only of certificates granted on or after [OP: please insert the date of the first day of the third month that follows the month in which this amending Regulation is published in the Official Journal)]after the entry onto force of the present regulation.;
Amendment 135 #
2018/0114(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The Directive (EU) 2017/1132 of the European Parliament and of the Council41 regulates cross-border mergers of limited liability companies. These rules represent a significant milestone in improving the functioning of the Single Market for companies and firms and to exercise the freedom of establishment on the one hand and on the protection of key stakeholders on the other. However, evaluation of these rules shows that there is a need for modifications in cross-border merger rules. Furthermore, it is appropriate to provide for rules regulating cross-border conversions and divisions. _________________ 41 Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (codification) (OJ L 169, 30.6.2017, p. 46).
Amendment 137 #
2018/0114(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Freedom of establishment is one of the fundamental principles of Union law. Under the second paragraph of Article 49 of the Treaty on the Functioning of the European Union (‘TFEU’), when read in conjunction with Article 54 of the TFEU, the freedom of establishment for companies or firms includes, inter alia, the right to form and manage such companies or firms under the conditions laid down by the legislation of the Member State of establishment. This has been interpreted by the Court of Justice of the European Union extensively beyond the actual meaning of the wording as encompassing the right of a company or firm formed in accordance with the legislation of a Member State to convert itself into a company or firm governed by the law of another Member State, provided that the conditions laid down by the legislation of that other Member State are satisfied and, in particular, that the test adopted by the latter Member State to determine the connection of a company or firm to its national legal order is satisfied.
Amendment 144 #
2018/0114(COD)
Proposal for a directive
Recital 4
Recital 4
(4) These developments in the case-law have opened up new opportunities for companies and firms in the Single Market in order to foster economic growth, effective competition and productivity. At the same time, the objective of a Single Market without internal borders for companies must also be reconciled with other objectives of European integration such as social protection embedded in Art. 3 (3) TEU, Art. 9 and 151 TFEU, the European Pillar of Social Rights and the EU Charter of Fundamental Rights (in particular the protection of workers), the protection of creditors and the protection of shareholders. Such objectives, in the absence of harmonised rules specifically regarding cross-border conversions, are pursued by Member States through a number of multifarious legal provisions and administrative practices. As a result, whereas companies are already able to merge cross-border, they experience a number of legal and practical difficulties when wishing to perform a cross-border conversion. Moreover, the national legislation of many Member States provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross-border.
Amendment 152 #
2018/0114(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) It is necessary to clarify the concepts of information and consultation of employees with the objectives of reinforcing the effectiveness of dialogue at transnational level, permitting suitable linkage between the national and transnational levels of dialogue and ensuring the legal certainty required for the application of this Directive.
Amendment 154 #
2018/0114(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) The definition of ‘consultation’ needs to take account of the goal of allowing for the expression of an opinion which will be useful to the decision- making process, which implies that the consultation must take place at such time, in such fashion and with such content as appropriate
Amendment 156 #
2018/0114(COD)
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6c) One of the purposes of this directive is to establish minimum requirements applicable throughout the Member States while not preventing Member States from laying down provisions more favourable to employees.
Amendment 158 #
2018/0114(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The right to convert an existing company formed in a Member State into a company governed by another Member State may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors', minority shareholders' rights or rules on employees participation. In order to combat such possible abuses, a general principle of Union law, Member States are required to ensure that companies do not use the cross-border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In so far as it constitutes a derogation from a fundamental freedTherefore it is a fundamental principle and stated aim of this Directive to secure employees' participation rights. This means, that in companies resulting from, the fight against abuses must be interpreted strictly and be basecross border conversion, at least the same level of all elements of employee participation rights should con an individual assessment of all relevant circumstancetinue to apply. The European Court of Justice allows in its case law to set up regulation for the protection of stakeholder interests. A procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by Member States whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down.
Amendment 171 #
2018/0114(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to provide information to its employees, the company carrying out the cross-border conversion should prepare a report explaining the implications of the proposed cross-border conversion for employees. The report should explain in particular the implications of the proposed cross-border conversion on the safeguarding of the jobs of the employees, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 861 and on the possible options for such arrangements, whether there would be any material change in the employment relationships and on the application on collective agreements and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company. This requirement should not however apply where the only employees of the company are in its administrative organ. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directive 2002/14/EC of the European Parliament and of the Council43 or Directive 2009/38/EC of the European Parliament and of the Council44 . _________________ 43 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29). 44 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28).
Amendment 180 #
2018/0114(COD)
Proposal for a directive
Recital 15
Recital 15
(15) On the basis of the draft terms of conversion and the reports, the general meeting of the members of the company should decide on whether or not to approve those draft terms. It is important that the majority requirement for such a vote should be sufficiently high in order to ensure that the decision to convert is a collective one. In addition, members should also have the right to vote on any arrangements concerning employee participation, if they have reserved that right during the general meeting.
Amendment 185 #
2018/0114(COD)
Proposal for a directive
Recital 19
Recital 19
(19) It is a fundamental principle and stated aim of this Directive to secure employees' participation rights. Therefore, in the company resulting from the cross border conversion, at least the same level of all elements of employee participation rights should continue to apply. In order to ensure that employee participation is not unduly prejudiced as a result of the cross-border conversion, where the company carrying out the cross- border conversion is operating under an employee participation system in the departure Member State, the company should be obliged to take a legal form allowing for the exercise of such participation, including through the presence of representatives of the employees in the appropriate management or supervisory organ of the company in the destination Member State. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided for in Directive 2001/86/EC, with a view to fiunding an amicable solution reconciling the right of the company to carry out a cross-border conversion with thamental principle to secure employees' rights of participation rights. As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply, mutatis mutandis. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove the participation rights through carrying out subsequent domestic or cross-border conversion, merger or division within threen years.
Amendment 249 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive (EU) 2017/1132
Article 1 a (new)
Article 1 a (new)
(1a) Within this directive the management or administrative organ is responsible for managing the company in the interests of the company, that is, taking account of the interests of the members, its employees and other stakeholders, with the objective of sustainable creation of value.
Amendment 252 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – introductory part
Article 1 – paragraph 1 – point 3 – introductory part
Directive (EU) 2017/1132
Article 86 (new)
Article 86 (new)
(3) in Title II, the following Chapter -I is inserted: New In Title II of the directive before the beginning of Chapter I in Title II the following provision has to be introduced as a new Art. 86a: (1) to safeguard sustainable stakeholder protection, cross-border restructuring measures beyond Art. 86b (2), Art. 119(2) and Art.160b (3) are not allowed. (2) as far as in the relevant company subject to Title II a Company Works Council according to Directive 2009/38/EC does not exist, the management is obliged it the prerequisites of Art. 1(2) Directive 2009/38/EC are fulfilled to initiate negotiations according to Art. 4 and Art. 5Directive 2009/38/EC. The latter directive is applicable in these cases.
Amendment 258 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
(6a) new (7) "employee participation" means the influence of the employees and/or the employees representatives in the affairs of a company by way of the right to elect or appoint some of the members of the company´s supervisory or administrative organ.
Amendment 266 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
(a) proceedings have been instituted for the winding-up, liquidation, or insolvency of that company; or genuine suspicion of not paying social security contributions and/or income taxes and/ or of infringement of workers’ rights .
Amendment 271 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point c a (new)
Article 86 c – paragraph 2 – point c a (new)
(ca) the company is subject to proceedings related to not paying social security contributions and/or income taxes and/or infringements of workers´ rights or there is a of suspicion that such fraud or infringement of workers´ rights have taken place
Amendment 274 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point e a (new)
Article 86 c – paragraph 2 – point e a (new)
(ea) disciplinary or administrative actions or criminal sanctions and decisions have been taken involving fraudulent practices which are directly relevant to the companies´ competence or reliability
Amendment 292 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
(a) the legal form, name and the place of registered office of the company in the departure Member State;
Amendment 300 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
(h) any special advantages, salaries and bonuses, especially in relation to the conversion granted to members of the administrative, management, supervisory or controlling organ of the converted company;
Amendment 302 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point i a (new)
Article 86 d – paragraph 1 – point i a (new)
(ia) concrete description and likely changes of the organisation of the workers as a result of the conversion, including figures of the workers and posts including its subsidiaries and likely changes of the organisation of the workers as a result of the conversion, including figures of the workers and posts including its subsidiaries;
Amendment 325 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point a a (new)
Article 86 e – paragraph 2 – point a a (new)
(aa) The reasons of the conversion
Amendment 339 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3
Article 86 e – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves and the trade unions in the company.
Amendment 345 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3 a (new)
Article 86 f – paragraph 3 a (new)
3a. The European Works Council, where applicable, the national employees´ representative bodies and the trade unions represented in the company shall have appropriate resources to conduct an analysis of the report;
Amendment 347 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4
Article 86 f – paragraph 4
Amendment 367 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point a a (new)
Article 86 f – paragraph 2 – point a a (new)
(aa) the reasons of the conversion
Amendment 369 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point b
Article 86 f – paragraph 2 – point b
(b) the implications of the cross-border conversion on the safeguarding of employment relationships; and employee involvement
Amendment 372 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point c
Article 86 f – paragraph 2 – point c
(c) any material changes in the conditions of employment laid down by law and collective agreements and transnational company agreements (TCAs) and in the location of the company’´s places of business;,
Amendment 375 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive on cross border mergers
Article 86 f – paragraph 2 – point d
Article 86 f – paragraph 2 – point d
(d) whether the factors set out in points (a), (b) and (c) also relate to any subsidiaries, branches or controlled undertaking according to Article 3 of Directive2009/38/EC of the company.
Amendment 379 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d a (new)
Article 86 f – paragraph 2 – point d a (new)
(da) where appropriate, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 86l and on the possible options for such arrangements
Amendment 381 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d b (new)
Article 86 f – paragraph 2 – point d b (new)
(db) the implications of the cross- border conversion on the future business of the company and on the management´s strategic plan
Amendment 383 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d c (new)
Article 86 f – paragraph 2 – point d c (new)
(dc) the implications of the cross- border conversions for members;
Amendment 385 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d d (new)
Article 86 f – paragraph 2 – point d d (new)
(dd) the rights and remedies available to members opposing the conversion in accordance with Art. 86j
Amendment 390 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3
Article 86 f – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the European Works Council, the representatives of the employees of the company and the trade unions in the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the members of the company carrying out the cross-border conversion.
Amendment 393 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3 a (new)
Article 86 f – paragraph 3 a (new)
3a. The European Works Councils, where applicable, the national employee’ representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 398 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4 a (new)
Article 86 f – paragraph 4 a (new)
4a. The Executive management or the administrative organ of the company which intends to carry out the cross- border conversion, shall provide a motivated response on the opinion provided by employee before the date of the general meeting referred to in Article 86i .
Amendment 437 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 – point a
Article 86 g – paragraph 3 – point a
(a) a detailed assessment of the accuracy of the reports andboth the draft terms and the reports as well as the information submitted by the company carrying out the cross-border conversion;
Amendment 441 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 – point b
Article 86 g – paragraph 3 – point b
(b) a description of all factual elements necessary for the competent authority, designated in accordance with Article 86m(1), to carry out an in-depth assessment to determine whether the intended cross-border conversion constitutes an artificial arrangement in accordance with Article 86n, including at a minimum the following: the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and the commercial risks assumed by the converted company in the destination Member State and the departure Member State, the composition of the balance sheet and of the financial statement in the destination member state and in all member States in which the company operates in the last two fiscal years.
Amendment 452 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 6
Article 86 g – paragraph 6
Amendment 454 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 6 a (new)
Article 86 g – paragraph 6 a (new)
6a. The procedure and the decision to issue a pre-conversion certificate by the competent authorities of the departure state or any approval of the destination Member State does not preclude any others investigations, procedures or decisions of other competent authorities on their fields of competence;
Amendment 458 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h – paragraph 1 – point c
Article 86 h – paragraph 1 – point c
(c) a notice informing the members, creditors and employees of the company or trade unions which have members in the company carrying out the cross-border conversion that they may submit, before the date of the general meeting, comments concerning the documents referred to in points (a) and (b) of the first subparagraph to the company and to the competent authority designated in accordance with Article 86m(1).
Amendment 464 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 i – paragraph 1
Article 86 i – paragraph 1
1. After taking note of the reports referred to in Articles 86e, 86f and 86g, where applicable, the general meeting of the company carrying out the conversion shall decide, by means of a resolution, whether to approve the draft terms of the cross-border conversion. Before a decision is taken, any preceding applicable information and consultation rights have to be met in such a way and at such a time that an opinion by the employee representatives can be taken into consideration. The company shall inform the competent authority designated in accordance with Article 86m(1) of the decision of the general meeting.
Amendment 485 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 1 (new)
Article 86 l – paragraph 1 (new)
1a. It is a fundamental principle and stated aim of this Article to secure employees´ participation rights. Therefore, in the company resulting from the cross border restructuring, at least the same level of all elements of employee participation rights should continue to apply.
Amendment 487 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l– paragraph 2
Article 86 l– paragraph 2
2. However, the rules in force concerning employee participation, if any, in the destination Member State shall not apply, where the company carrying out the conversion has, in the six months prior to the publication of the draft terms of the cross-border conversion as referred to in Article 86d of this Directive, an average number of employees equivalent to four fifths of the applicable threshold, laid down in the law of the departure Member State, which triggers the participation of employees within the meaning of point (k) of Article 2 of Directive 2001/86/ECArticle 86b (7), or where the national law of the destination Member State does not:
Amendment 488 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l– paragraph 3
Article 86 l– paragraph 3
3. The information, consultation and participation of employees in the converted company and their involvement in the definition of such rights and In the cases referred to in paragraph 2 of this Article, the participation of employees in the converted company and their involvement in the definition of such rights shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 4 to 7 of this Article, in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:
Amendment 492 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 3 – point e
Article 86 l – paragraph 3 – point e
(e) the first subparagraph of Article 7(1);
Amendment 495 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 – paragraph 3 – point g
Article 86 – paragraph 3 – point g
(g) point (a) of Part 3 of the Annex. In the interest of the enterprise an agreement must be sought with the workforce as represented by recognised trade unions (a) on the establishment of a European works council and (b) workers board level representation. These negotiations must lead to an agreement before the merger, transfer of seat, conversion or division or other company law instrument will take effect. In the case that the negotiations do not reach an agreement, the subsidiary requirements apply. Subsidiary requirements (a) for the establishment of an EWC the Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees applies. (b) for the establishment of workers representation in the company boardrooms the following proportion of workers representatives in company boardrooms or supervisory boards applies related to the number of workers: 2 representatives in companies up from 50 workers, one third up from 250 workers and half up from 1000 workers.
Amendment 499 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 4
Article 86 l – paragraph 4
4. When regulating the principles and procedures referred to in paragraph 3, Member States: shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (a) of Part 3 of the Annex.
Amendment 500 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 4 – point a
Article 86 l – paragraph 4 – point a
Amendment 502 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 4 – point a
Article 86 l – paragraph 4 – point a
Amendment 504 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 4 – point c
Article 86 l – paragraph 4 – point c
Amendment 508 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 7
Article 86 l – paragraph 7
7. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threfive years after the cross- border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6.
Amendment 517 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 4
Article 86 m – paragraph 4
4. In respect of compliance with the rules concerning employee participation as laid down in Article 86l, the departure Member State shall verify that the draft terms and reports of cross-border conversion, referred to in paragraph 2 of this Article, include information on the procedures by which the relevant arrangements are determined and on the possible options for such arrangements.
Amendment 518 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 5 – point a a (new)
Article 86 m – paragraph 5 – point a a (new)
(aa) the opinion of the employees representation’s opinion according to Article 86f (4)
Amendment 520 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 5 – point b a (new)
Article 86 m – paragraph 5 – point b a (new)
(ba) the opinion of the employees representation’s opinion according to Article 86f (4)
Amendment 523 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 7 – point a
Article 86 m – paragraph 7 – point a
(a) where the competent authority determines that the cross-border conversion falls within the scope of the national provisions transposing this Directive, that it complies with all the relevant conditions and that all necessary procedures and formalities have been completed and if there are no indications for circumventing employee participation rules, the competent authority shall issue the pre-conversion certificate;
Amendment 524 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 7 – point a (new)
Article 86 m – paragraph 7 – point a (new)
(aa) Member States shall ensure, in accordance with Article 6of Directive 2002/14/EC that employees´ representatives enjoy adequate protection to enable them to perform properly their duties.
Amendment 525 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 8 a (new)
Article 86 m – paragraph 8 a (new)
(ca) Member States shall provide for appropriate measures to support the implementation of this rules, to provide for the necessary procedures in case of non-compliance, provide for the necessary instruments to enforce the obligations of the converting company, and establish a set of administrative and judicial procedures in case of breach of the rules of this Article. Establishing prima facie evidence is applied in case of non-respect of the workers´ representative rights.
Amendment 526 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 8 b (new)
Article 86 m – paragraph 8 b (new)
(cb) If the threshold according to Article 86l(3), para 2, of the departure Member State is exceeded, new negotiations needs to be initiated following the provisions of this Article. In deviation of Article 86l(5) the standard rules refer to the level of employee participation that would be foreseen for the country of origin above the threshold if the company had not undergone a cross-border conversion.
Amendment 551 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b – point i (new)
Article 1 – paragraph 1 – point 4 – point b – point i (new)
Directive (EU) 2017/1132
Article 119 – paragraph 2 a (new)
Article 119 – paragraph 2 a (new)
(i) In article 119, the new paragraph is inserted: "employee participation" means the influence of the employees and/or the employees´ representatives in the affairs of a company by way of the right to elect or appoint some of the members of the company´s supervisory od administrative organ;
Amendment 559 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point a
Article 120 – paragraph 4 – point a
(a) proceedings have been instituted for the winding-up, liquidation, or insolvency of that company or companies;genuine suspicion of social fraud or infringements of workers’ rights
Amendment 561 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point e a (new)
Article 120 – paragraph 4 – point e a (new)
(ea) disciplinary or administrative actions or criminal sanctions and decisions have been taken involving fraudulent practices which are directly relevant to the companies´ competence or reliability
Amendment 571 #
2018/0114(COD)
(a) point (i) is replaced byIn Article 122, the introductory part is replaced by the following:: The management or administrative organ, including employee board level representatives, of each of the merging companies shall draw up the common draft terms of a cross-border merger. The common draft terms of a cross-border merger shall include at least the following information:
Amendment 593 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3
Article 124 – paragraph 3
3. The report shall be made available, at least electronically, to the members of each of the merging companies not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the representatives of the employees of each of the merging companies, or where there are no such representatives, to the employees themselvesEuropean Works Council, the representatives of the employees of each of the merging companies, or where there are no such representatives, to employees themselves and the trade unions in the company. However, where the approval of the merger is not required by general meeting of the acquiring company in accordance with Article 126(3), the report shall be made available, at least one month before the date of the general meeting of the other merging company or companies.
Amendment 599 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 4
Article 124 – paragraph 4
Amendment 609 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point b
Article 124a – paragraph 2 – point b
(b) the implications of the cross-border merger on the safeguarding of the employment relationships; and employee involvement
Amendment 611 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point c
Article 124a – paragraph 2 – point c
(c) any material changes in the conditions of employment laid down by law, collective agreements and Transnational Company Agreements (TCAs) and in the locations of the companies’ places of business;
Amendment 620 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 3 – subparagraph 1
Article 124a – paragraph 3 – subparagraph 1
The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to European Works Council, the representatives of the employees of each of the merging companies or, where there are no such representatives, to the employees themselves and the trade unions in the company, not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the members of each of the merging companies.
Amendment 632 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive (EU) 2017/1132
Article 126 – paragraph 1
Article 126 – paragraph 1
1. After taking note of the reports referred to in Articles 124, 124a and 125, as appropriate, the general meeting of each of the merging companies shall decide, by means of a resolution, on the approval of the common draft terms of the cross-border merger.; Before a decision is taken, any preceding applicable to information and consultation rights have to be met in such a way and such a time that an opinion by the employee representatives can be taken into consideration
Amendment 650 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a a (new)
Article 1 – paragraph 1 – point 18 – point a a (new)
Directive (EU) 2017/1132
Article 133
Article 133
Amendment 658 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 a (new)
Article 160b – point 3 a (new)
(3 a) "employee participation" means the influence of the employees and/or the employees´ representatives in the affairs of a company by way of the right to elect or appoint some of the members of the company´s supervisory or administrative organ
Amendment 664 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point a
Article 160d – paragraph 2 – point a
(a) proceedings have been instituted for the winding-up, liquidation, or insolvency of that company; or genuine suspicion of social fraud or infringements of workers’ rights
Amendment 668 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point e a (new)
Article 160d – paragraph 2 – point e a (new)
(e a) disciplinary or administrative actions or criminal sanctions and decisions have been taken involving fraudulent practices which are directly relevant to the companies´ competence or reliability
Amendment 695 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 1
Article 160g – paragraph 1
1. The management or administrative organ, including employee board level representatives, of the company being divided shall draw up a report explaining and justifying the legal and economic aspects of the cross-border division.
Amendment 705 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
3. The report referred to in paragraph 1 of this Article shall be made available, at least electronically, to the members of the company being divided not less than two months before the date of the general meeting referred to in Article 160k. That report shall also be made similarly available to the European Works Council, the representatives of the employees of the company being divided or, where there are no such representatives, to the employees themselves and the trade unions in the company.
Amendment 710 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 4
Article 160g – paragraph 4
Amendment 726 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 20 Directive (EU) 2017/1132
(c) any material change in the conditions of employment andlaid down by law and collective agreements and in the locations of the companies’ places of business;
Amendment 728 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d a (new)
Article 160h – paragraph 2 – point d a (new)
(d a) where appropriate information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 86l and on the possible options for such arrangements.
Amendment 731 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d b (new)
Article 160h – paragraph 2 – point d b (new)
(d b) the implications of the cross- border conversion on the future business of the company and on the management´s strategic plan
Amendment 733 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d c (new)
Article 160h – paragraph 2 – point d c (new)
(d c) the implications of the cross- border conversions for members
Amendment 734 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d d (new)
Article 160h – paragraph 2 – point d d (new)
(d d) the rights and remedies available to members opposing the conversion in accordance with Article 160l
Amendment 738 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 3
Article 160h – paragraph 3
3. The report referred to in paragraph 1 shall be made available, at least electronically, to the European Works Council, the representatives of the employees of the company and the trade unions in the company being divided or, where there are no such representatives, to the employees themselves not less than two months before the date of the general meeting referred to in Article 160k. The report shall also be made similarly available to the members of the company being divided.
Amendment 769 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160k – paragraph 1
Article 160k – paragraph 1
1. After taking note of the reports referred to in Articles 160g, 160h and 160i, where applicable, the general meeting of the company being divided shall decide by means of a resolution, whether to approve the draft terms of cross-border division. Before a decision is taken, any preceding applicable information and consultation rights have to be met in such a way and at such a time that an opinion by the employee representatives can be taken into consideration. The company shall inform the competent authority designated in accordance with Article 160o(1) of the decision of the general meeting.
Amendment 780 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 1 (new)
Article 160n – paragraph 1 (new)
1 a. It is a fundamental principle and stated aim of this Article to secure employees´ participation rights. Therefore, in companies resulting from the cross border division, at least the same level of all elements of employee participation rights should continue to apply.
Amendment 783 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 2
Article 160n – paragraph 2
2. However, the rules in force concerning employee participation, if any, in the Member State where the company resulting from the cross-border division has its registered office shall not apply, where the company being divided, in the six months prior to the publication of the draft terms of the cross-border division as referred to in Article 160e of this Directive, has an average number of employees equivalent to four fifths of the applicable threshold, laid down in the law of the Member State of the company being divided, which triggers the participation of employees within the meaning of point (k) of Article 2 of Directive 2001/86/ECArticle 160b paragraph 4, or where the national law applicable to each of the recipient companies does not:
Amendment 811 #
2018/0114(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Amendment 812 #
2018/0114(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall, no later than fivthree years after [OP please insert the date of the end of the transposition period of this Directive], carry out an evaluation of this Directive and present a Report on the findings to the European Parliament, the Council and the European Economic and Social Committee accompanied, where appropriate, by a legislative proposal. Member States shall provide the Commission with the information necessary for the preparation of that report, in particular by providing data on the number of cross-border conversions, mergers and divisions, their duration and related costs.
Amendment 58 #
2018/0112(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned. This Regulation does not apply to online services which sell goods or services through licensing agreements from rights-holder, since the online service provider fully manages the relationship with the consumer.
Amendment 60 #
2018/0112(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 . This regulation does not apply to search functionalities which do not encompass, at least in principle, all websites, such as search functions within an online intermediation services or which is a feature of an operating system software. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 79 #
2018/0112(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. This could include violation of the terms and conditions, as well as suspicion of business user violation which could be harmful to the consumer or to the platform (for example, but not limited to : security issues, fraud, phishing, illegal and harmful content). However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. However, such statement of reasons should not be provided if the information could help a business user suspected of performing practices that are harmful to the consumers or to the platform, as highlighted above, maintain or improve their harmful practices. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 83 #
2018/0112(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. For the avoidance of doubt, any obligation on online search engines to ensure that the description of the main parameters determining ranking is kept up to date shall not require online search engines to reveal any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 109 #
2018/0112(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand including whether the case was brought in good faith with a reasonable prospect of success. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs.
Amendment 128 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'online search engine' means a digital service, including inter alia digital interfaces and applications, including mobile applications with search functionality that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links results in which information related to the requested content can be found;
Amendment 138 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) 'ranking' means the relative prominence in search results given to the goods or services offered to consumers by business users through online intermediation services, or to websites indexed for consumers by online search engines, as presented, organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;
Amendment 179 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)
Article 4 – paragraph 2 – subparagraph 1 (new)
The reference to the specific facts and circumstances that led to suspension or termination of the online intermediation service in the statement of reasons should not be required when an investigation is ongoing, when other legal obligations prohibit the online intermediation service from doing so, or when it could cause harm to any user(s) of the online intermediation service or other third parties. A provider of online services shall also not be obliged to provide a statement of reasons to any person it reasonably determines is a repeat infringer.
Amendment 195 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date. with regard to material changes that can reasonably be expected to affect corporate website users in a non-negligible and negative manner
Amendment 228 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services shall incluprovide ian their terms and conditions aeasily accessible description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services.
Amendment 256 #
2018/0112(COD)
That information shall include the total number of complaints lodged, the subject- matter of the complaints, thmain types of complaints and the average time period needed to process the complaints and the decision taken on the complaints. In order to protect the privacy of the business users involved, the information shall only be provided in aggregated data. Providers of online intermediation services shall, when complying with the requirements of this paragraph, not be required to disclose any trade secrets as defined in article 2(1) of Directive (EU) 2016/943 or any information where a legal or confidentiality obligation does not allow them to do so or any information that may lead to consumer harm.
Amendment 260 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The obligations set out in paragraph 2 of this Article shall not apply to complaints brought by business users reasonably determined by the relevant online intermediation service provider as being abusive, spurious or vexatious.
Amendment 269 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. PWhen the internal complaint handling mechanism fails to resolve the complaint, providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 276 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.
Amendment 279 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online services shall not be obliged to engage in mediation with any business user it reasonably determines is a repeat infringer, including any business user who has brought repeated unsuccessful mediation claims.
Amendment 282 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. OAfter all the other options to settle a dispute between a platform and a business user provided for in this regulation in Article 9 and Article 10 have been exhausted, organisations and associations that have a genuine long- standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate Member State public bodies, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.
Amendment 287 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action, they and for the duration of the action, they continue to meet all of the following requirements :
Amendment 302 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character. and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail;
Amendment 303 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;
Amendment 24 #
2018/0106(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
having regard to the European Convention on Human Rights, notably Article 10 thereof,
Amendment 25 #
2018/0106(COD)
Proposal for a directive
Citation 1 b (new)
Citation 1 b (new)
having regard to the Charter of Fundamental Rights of the European Union, in particular Article 11 thereof,
Amendment 26 #
2018/0106(COD)
Proposal for a directive
Citation 1 c (new)
Citation 1 c (new)
having regard to Article 294(2) and Articles 16,33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153(1)(a) and (b), 168,169, 192, 207 and 325(4) of the Treaty on the Functioning of the European Union and Article 31 of the Treaty establishing the European Atomic Energy Community, pursuant to which the Commission submitted the proposal to Parliament,
Amendment 28 #
2018/0106(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public or the general interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation.
Amendment 29 #
2018/0106(COD)
Proposal for a directive
Recital 2
Recital 2
(2) At Union level, reports and disclosures by whistleblowers are one upstream component of enforcement of Union law: they feed national and Union enforcement systems with information leading to effective detection, investigation and prosecution of breaches of Union law.
Amendment 30 #
2018/0106(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, breaches of Union law may cause serious harm to the public or general interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective, independent reporting channels.
Amendment 34 #
2018/0106(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective, whistleblower protection should apply in thoseall acts and policy areas where i) there is a need to strengthen enforcement; ii) under- reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the publicof the European Union, which by their very nature constitute a public and general interest.
Amendment 37 #
2018/0106(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Evidence-gathering, detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840 . Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause serious harm to the public or general interest with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).
Amendment 39 #
2018/0106(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can seriously harm the public or general interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45 , which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Amendment 45 #
2018/0106(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information about threats or harm to the public interest obtainedr the general interest obtained, inter alia in the context of their work- related activities, make use of their right to freedom of expression. The right to freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses media freedom and pluralism as well as the right to information.
Amendment 49 #
2018/0106(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, especially by virtue of work-related activities (irrespective of the nature of these activities, whether they are paid or not), have privileged access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range of persons connected in a broad sense to the organisation where the breach has occurred.
Amendment 50 #
2018/0106(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform services for and under the direction of another person, in return of which they receive remuneration. In accordance with the Court's case law, the notion of "worker" should be interpreted broadly, including for example civil servants. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, which are types of relationships where standard protections against unfair treatment are often difficult to apply. _________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.
Amendment 51 #
2018/0106(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Protection should also extend to people facilitating the reporting, such as intermediaries and investigative journalists, who disclose potential or occurred breach, as well as further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work or social or political-related activities. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.
Amendment 53 #
2018/0106(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) Effective whistleblower protection should also include any individual who has evidence of such acts in the public or private sector without being necessary to have witnessed such acts first hand.
Amendment 59 #
2018/0106(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring especially in the work-related context which causes them detriment.
Amendment 61 #
2018/0106(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Whistleblowers are, in particular, important sources for investigative journalists. Providing effective protection to whistleblowers from retaliation increases the legal certainty of (potential) whistleblowers and thereby encourages and facilitates whistleblowing also to the media. In this respect, protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies. In view of the variety of situations, this Directive does not establish an order of priority between the different channels of reporting and disclosure. It is for the reporting person to determine the most appropriate channel, taking into account the rights and legitimate interests of the concerned persons. Due to their importance for the freedom of expression and the right to receive information, public disclosures, including through the media, should be encouraged.
Amendment 64 #
2018/0106(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) The Commission should set up the Whistleblower Protection Office (OPLA). OPLA shall be the independent European authority for reports and for whistleblower protection that is responsible for receiving and providing appropriate follow up to reports on breaches falling within the scope of this Directive, and for ensuring the protection of whistleblowers. OPLA shall be accessible through a point of contact in each Member State, as well as via a secure online platform. It shall be a point of contact and information for whistleblowers or potential whistleblowers, to assess the accuracy of information and/or allegations made in the report and process those breaches reported, specifically by launching an investigation and by consulting one of the competent bodies of the European Union upon concluding its investigation (the European Anti-Fraud Office, the European Public Prosecutor's Office, the Court of Justice of the European Union etc.). It shall also be a point of contact for national authorities, journalists and civil society organisations involved in whistleblower protection. While fully independent, it will be able to work closely with the competent EU bodies (the European Anti-Fraud Office, the European Public Prosecutor's Office, the Court of Justice of the European Union etc.).
Amendment 65 #
2018/0106(COD)
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34 b) OPLA should also have adequate protection procedures for the processing of reports on breaches and for the protection of the personal data of the persons referred to in the report. Such procedures should ensure that the identity of every reporting person, concerned person, and third person referred to in the report (e.g. witnesses or colleagues) is protected at every stage of the procedure. This obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information where this is required by Union or national law, and subject to appropriate safeguards under those laws, including in the context of investigations or judicial proceedings or to safeguard the freedoms of others, including the rights of defence of the concerned person.
Amendment 66 #
2018/0106(COD)
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34 c) Procedures for external reporting must allow national authorities and OPLA to receive reports and to investigate, in full confidentiality, any reports provided by any whistleblower.
Amendment 67 #
2018/0106(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to Article 294(2) and Articlesthe Treaty on the Functioning of the European Union, and in particular 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153(1)(a) and (b), 168, 169, 192, 207 and 325(4) of the Treaty on the Functionthereof and to the Treaty establishing of the European Union andAtomic Energy Community, and in particular Article 31 thereof,
Amendment 68 #
2018/0106(COD)
Proposal for a directive
Recital 40
Recital 40
(40) It should be clear that, in the case of private legal entities which do not provide for internal reporting channels, reporting persons should be able to report directly externally to the competent authoritiesn any case, reporting persons should be able to report directly externally to the national authority or OPLA (hereinafter 'competent authorities'), and to exercise their right to disclose, and such persons should enjoy the protection against retaliation provided by this Directive.
Amendment 72 #
2018/0106(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Internal reporting procedures should enable private legal entities to receive and investigate in full confidentiality reports by the employees of the entity and of its subsidiaries or affiliates (the group), but also, to any extent possible, by any of the group’s agents and suppliers and by any person who acquires information especially through his/her work-related activities with the entity and the group.
Amendment 75 #
2018/0106(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public or the general interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation.
Amendment 75 #
2018/0106(COD)
(47) Persons who are considering reporting breaches of Union law should be able to make an informed decision on whether, how and when to report. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authoritieTo this end, they should be able to consult and seek advice from the national authority or OPLA, which is a first point of information and contact. They should also be able to consult civil society organisations involved in the protection of whistleblowers. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities. They should also provide information on rights guaranteed to whistleblowers, particularly their right to disclosure guaranteed by this Directive, and their right to turn to civil society organisations involved in whistleblower protection to this end, specifically those who provide strategic and legal advice to whistleblowers, as well as to journalists. Such information must be easily understandable and easily accessible, including, to any extent possible, also to other persons, beyond employees, who come in contact with the entity especially through their work-related activities, such as service-providers, distributors, suppliers and business partners. For instance, such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity.
Amendment 77 #
2018/0106(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Protection of personal data of the reporting and concerned person, as well as confidentiality of information, is crucial in order to avoid unfair treatment, any harassment or intimidation, or reputational damages due to disclosure of personal data, in particular data revealing the identity of a person concerned. Hence. Hence, Member States and OPLA shall ensure that, in line with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter also referred to as 'GDPR'), competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person, the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only.
Amendment 78 #
2018/0106(COD)
Proposal for a directive
Recital 60
Recital 60
(60) The reporting persons should enjoy the protection of this Directive when they turn to one of the internal or external reporting channels (either a national authority or OPLA), with no special conditions or hierarchy, or when they exercise their right to disclosure to a journalist or a civil society organisation involved in whistleblower protection. This should apply throughout the procedure, including once the procedure is over, unless there is proven to be no threat of retaliation. To enjoy protection, the reporting persons should reasonably believe, in light of the circumstances and the information available to them at the time of the reporting, that the matters reported by them are true. This reasonable belief should be presumed unless and until proven otherwise. This is an essential safeguard against malicious and frivolous or abusive reports, ensuring that those who deliberately and knowingly report wrong or misleading information do not enjoy protection. At the same time, it ensures that protection is not lost where the reporting person made an inaccurate report in honest error. In a similar vein, reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.
Amendment 79 #
2018/0106(COD)
Proposal for a directive
Recital 2
Recital 2
(2) At Union level, reports and disclosures by whistleblowers are one upstream component of enforcement of Union law: they feed national and Union enforcement systems with information leading to effective detection, investigation and prosecution of breaches of Union law.
Amendment 80 #
2018/0106(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, breaches of Union law may cause serious harm to the public or general interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective, independent reporting channels.
Amendment 80 #
2018/0106(COD)
Proposal for a directive
Recital 61
Recital 61
(61) The requirement of a tiered use of reporting channels, as a genIt is necessary to ensure that all reporting channels whether internal or external rule, is necessaryare open to the reporting person so as to ensure that the information gets to the persons or entities who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary,, by allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case. Moreover, it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57 . _________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure; see, for instance, Guja v. Moldova [GC], no 14277/04, ECHR 2008.
Amendment 82 #
2018/0106(COD)
Proposal for a directive
Recital 62
Recital 62
(62) As a rule, reporting persons should first use the internal channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (have at their disposal both internal and external reporting channels including media outlets which mplay be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry)an essential role in preserving democratic values.
Amendment 83 #
2018/0106(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 88 #
2018/0106(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective, whistleblower protection should apply in thoseall acts and policy areas where i) there is a need to strengthen enforcement; ii) under- reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the publicof the European Union, which by their very nature constitute a public and general interest.
Amendment 93 #
2018/0106(COD)
Proposal for a directive
Recital 85
Recital 85
(85) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Accordingly, this Directive must be implemented is without prejudice to Member States' freedom to introduce the same or similar rules for breaches of national law, thereby providing ac cordance with those rights and principles. In particular, this Directive seeks to ensure full respect for freedom of expression and information, the right to protection of personal data, the freedom to conduct a business, the right to a high level of consumer protection, the right to an effective remedy and the rights of defenceherent and comprehensive framework for the protection of persons reporting on breaches.
Amendment 94 #
2018/0106(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Such minimum standards for whistle-blower protection shall be developed with regard to the Charter of Fundamental Rights of the European Union, in particular Article 11 thereof, and to the European Convention on Human Rights, notably Article 10 thereof.
Amendment 94 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, tThis Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 98 #
2018/0106(COD)
(10) Evidence-gathering, detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840 . Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause serious harm to the public or general interest with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).
Amendment 99 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
a) breaches of fundamental rights and principles of the Union, as well as breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II) as regards, including but not limited to the following areas:
Amendment 101 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point i a (new)
Article 1 – paragraph 1 – point a – point i a (new)
(i a) employment;
Amendment 102 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point i b (new)
Article 1 – paragraph 1 – point a – point i b (new)
(i b) trade;
Amendment 103 #
2018/0106(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can seriously harm the public or general interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45 , which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Amendment 114 #
2018/0106(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information about threats or harm to the public interest obtainedr the general interest obtained, inter alia in the context of their work- related activities, make use of their right to freedom of expression. The right to freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses media freedom and pluralism as well as the right to information.
Amendment 117 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 119 #
2018/0106(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Persons need specific legal protection especially where they acquire the information they report through their work- related activities and therefore run the risk of work-related retaliation (for instance, for breaching the duty of confidentiality or loyalty). The underlying reason for providing them with protection is their position of economic vulnerability vis-à- vis the person on whom they de facto depend for work. When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliation.
Amendment 120 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
b) persons having the status of self- employedworker or former worker, with the meaning of Article 495 TFEU, including persons having the status of civil servants;
Amendment 121 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and paid and unpaid trainees;
Amendment 122 #
2018/0106(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, especially by virtue of work-related activities (irrespective of the nature of these activities, whether they are paid or not), have privileged access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range of persons connected in a broad sense to the organisation where the breach has occurred.
Amendment 123 #
2018/0106(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform services for and under the direction of another person, in return of which they receive remuneration. In accordance with the Court's case law, the notion of "worker" should be interpreted broadly, including for example civil servants. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, which are types of relationships where standard protections against unfair treatment are often difficult to apply. _________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.
Amendment 125 #
2018/0106(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Protection should also extend to people facilitating the reporting, such as intermediaries and investigative journalists, who disclose potential or occurred breach, as well as further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work or social or political-related activities. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.
Amendment 125 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall also apply to reporting persons whose work-based relationship has ended or is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre- contractual negotiation.
Amendment 126 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. This Directive shall apply to officials as well as to other employees and interns working at the institutions, agencies and bodies of the Union.
Amendment 127 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2 b. This Directive shall apply to individuals falling within the definition laid out in Article 1 of private or public legal entities located within the Union, as well as to private or public European legal entities located outside Union territory.
Amendment 128 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 c (new)
Article 2 – paragraph 2 c (new)
Amendment 129 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 d (new)
Article 2 – paragraph 2 d (new)
2 d. This Directive shall apply to any individual reporting on breaches of Union law who has evidence of such breaches in the public or private sector.
Amendment 131 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities or, abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annexor activities detrimental to the public interest or the general interest of the Union;
Amendment 132 #
2018/0106(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Effective whistleblower protection should also include any individual who has evidence of such acts in the public or private sector without being necessary to have witnessed such acts first hand.
Amendment 132 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘unlawful activities’ means acts or omissions contrary to Union law;
Amendment 134 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules;
Amendment 136 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 139 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘disclosure’ means making information on breaches acquired inter alia within the work-related context available to the public domain;
Amendment 140 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work-related activities;
Amendment 144 #
2018/0106(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring especially in the work-related context which causes them detriment.
Amendment 145 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting or disclosure which occurs in a work-related context and causes or may cause unjustified detriment to the reporting person;
Amendment 146 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘follow-up’ means any action taken by the recipient of the report, made internally or externally, to assess the accuracy of the allegations made in the report and, where relevant, to address the breach reported, including actions such as internal enquiry, investigation, prosecution, action for recovery of funds and closure, as well as any other relevant remedial action;
Amendment 147 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13 a (new)
Article 3 – paragraph 1 – point 13 a (new)
(13 a) ‘national authority’ means any national authority entitled to receive reports in accordance with Chapter III and designated to carry out the duties provided for in this Directive, in particular as regards the follow-up to reports;
Amendment 148 #
2018/0106(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Whistleblowers are, in particular, important sources for investigative journalists. Providing effective protection to whistleblowers from retaliation increases the legal certainty of (potential) whistleblowers and thereby encourages and facilitates whistleblowing also to the media. In this respect, protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies. In view of the variety of situations, this Directive does not establish an order of priority between the different channels of reporting and disclosure. It is for the reporting person to determine the most appropriate channel, taking into account the rights and legitimate interests of concerned persons. Due to their importance for the freedom of expression and the right to receive information, public disclosures, including through the media, should be encouraged.
Amendment 148 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13 b (new)
Article 3 – paragraph 1 – point 13 b (new)
(13 b) ‘OPLA’, the authority set up at European level to receive reports in accordance with Chapter III, and to carry out the functions provided for in this Directive;
Amendment 149 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13 c (new)
Article 3 – paragraph 1 – point 13 c (new)
(13 c) 'faciltator' means any natural or legal person who contributes to the report or assists a person reporting on breaches whit his report.
Amendment 150 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘competent authorityies’ means any national authority entitled to receive reports in accordance with Chapter III and designated to carry out the duties provided for in this Directive, in particular as regards the follow up of reportsor OPLA.
Amendment 151 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports, following consultations with social partners, if appropriateand negotiations with the worker representatives and/or the trade union and/or social partners.
Amendment 152 #
2018/0106(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) The Commission should set up the Whistleblower Protection Office (OPLA). OPLA shall be the independent European authority for reports and for whistleblower protection that is responsible for receiving and providing appropriate follow up on reports on breaches falling within the scope of this Directive, and for ensuring the protection of whistleblowers. OPLA shall be accessible through a point of contact in each Member State, as well as via a secure online platform. It shall be a point of contact and information for whistleblowers or potential whistleblowers, to assess the accuracy of information and/or allegations made in the report and process those breaches reported, specifically by launching an investigation and by consulting one of the competent bodies of the European Union upon concluding its investigation (the European Anti-Fraud Office, the European Public Prosecutor's Office, the Court of Justice of the European Union, etc.). It shall also be a point of contact for national authorities, journalists and civil society organisations involved in whistleblower protection. While fully independent, it will be able to work closely with the competent EU bodies (the European Anti-Fraud Office, the European Public Prosecutor's Office, the Court of Justice of the European Union, etc.).
Amendment 152 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), but t. The use of internal channels for reporting shall not be mandatory for these categories of persons.
Amendment 154 #
2018/0106(COD)
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) OPLA should also have adequate protection procedures for the processing of reports on breaches and for the protection of the personal data of the persons referred to in the report. Such procedures should ensure that the identity of every reporting person, concerned person, and third person referred to in the report (e.g. witnesses or colleagues) is protected at every stage of the procedure. This obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information where this is required by Union or national law, and subject to appropriate safeguards under those laws, including in the context of investigations or judicial proceedings or to safeguard the freedoms of others, including the rights of defence of the concerned person.
Amendment 154 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. These reporting channels shall be clearly defined by the entity and easily accessible both within and from outside the entity. Such channels shall fully safeguard the anonymity of persons reporting on breaches or their facilitators, provided that they so wish, as well as their personal data.
Amendment 155 #
2018/0106(COD)
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34c) Procedures for external reporting must allow national authorities and OPLA to receive reports and to investigate, in full confidentiality, any reports provided by any whistleblower.
Amendment 157 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Any decision taken by a Member State pursuant to paragraph 4 shall be notified to the Commission and OPLA, together with a justification and the criteria used in the risk assessment. The Commission shall communicate that decision to the other Member States.
Amendment 158 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
c) municipalities with more than 10 000 inhabitants;
Amendment 159 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 6 – point c a (new)
Article 4 – paragraph 6 – point c a (new)
c a) European Union institutions, agencies and bodies.
Amendment 161 #
2018/0106(COD)
Proposal for a directive
Recital 40
Recital 40
(40) It should be clear that, in the case of private legal entities which do not provide for internal reporting channels, reporting persons should be able to report directly externally to the competent authoritiesn any case, reporting persons should be able to report directly externally to the national authority or OPLA (hereinafter 'competent authorities'), and to exercise their right to disclose, and such persons should enjoy the protection against retaliation provided by this Directive.
Amendment 165 #
2018/0106(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Internal reporting procedures should enable private legal entities to receive and investigate in full confidentiality reports by the employees of the entity and of its subsidiaries or affiliates (the group), but also, to any extent possible, by any of the group’s agents and suppliers and by any person who acquires information especially through his/her work-related activities with the entity and the group.
Amendment 166 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Amendment 170 #
2018/0106(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Persons who are considering reporting breaches of Union law should be able to make an informed decision on whether, how and when to report. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authoritieTo this end, they should be able to consult and seek advice from the national authority or OPLA, which is a first point of information and contact. They should also be able to consult civil society organisations involved in the protection of whistleblowers. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities. They should also provide information on rights guaranteed to whistleblowers, particularly their right to disclosure guaranteed by this Directive, and their right to turn to civil society organisations involved in whistleblower protection to this end, specifically those who provide strategic and legal advice to whistleblowers, as well as to journalists. Such information must be easily understandable and easily accessible, including, to any extent possible, also to other persons, beyond employees, who come in contact with the entity especially through their work-related activities, such as service-providers, distributors, suppliers and business partners. For instance, such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity.
Amendment 172 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
c a) guarantee free and independent advice and legal support for persons reporting on breaches, as well as for facilitators and intermediaries;
Amendment 173 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
c b) give the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation and, where relevant, take his/her comments into account;
Amendment 174 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Member States shall ensure that the national authorities can take adequate remedial action.
Amendment 175 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. Member States shall ensure that the national authority publishes the final report, ensuring the reporting person's anonymity is maintained unless he/she requests otherwise, and that the national authority ensures that this report contains the reporting person's comments as well as remedial action where appropriate.
Amendment 177 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority within reasonable time and that the reporting person is informed without delay.
Amendment 178 #
2018/0106(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Protection of personal data of the reporting and concerned person, as well as confidentiality of information, is crucial in order to avoid unfair treatment, any harassment or intimidation, or reputational damages due to disclosure of personal data, in particular data revealing the identity of a person concerned. Hence. Hence, Member States and OPLA shall ensure that, in line with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter also referred to as 'GDPR'), competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person, the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only.
Amendment 178 #
2018/0106(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 180 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
c a) they guarantee free and independent advice and legal support for persons reporting on breaches, as well as for facilitators and intermediaries.
Amendment 181 #
2018/0106(COD)
Proposal for a directive
Recital 60
Recital 60
(60) The reporting persons should enjoy the protection of this Directive when they turn to one of the internal or external reporting channels (either a national authority or OPLA), with no special conditions or hierarchy, or when they exercise their right to disclosure to a journalist or a civil society organisation involved in whistleblower protection. This should apply throughout the procedure, including once the procedure is over, unless there is proven to be no threat of retaliation. To enjoy protection, the reporting persons should reasonably believe, in light of the circumstances and the information available to them at the time of the reporting, that the matters reported by them are true. This reasonable belief should be presumed unless and until proven otherwise. This is an essential safeguard against malicious and frivolous or abusive reports, ensuring that those who deliberately and knowingly report wrong or misleading information do not enjoy protection. At the same time, it ensures that protection is not lost where the reporting person made an inaccurate report in honest error. In a similar vein, reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.
Amendment 184 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Such channels shall safeguard the anonymity of the person reporting on breaches when he/she so wishes, as well as their personal data.
Amendment 185 #
2018/0106(COD)
Proposal for a directive
Recital 61
Recital 61
(61) The requirement of a tiered use of reporting channels, as a genIt is necessary to ensure that all reporting channels whether internal or external rule, is necessaryare open to the reporting person so as to ensure that the information gets to the persons or entities who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary,, by allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case. Moreover, it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57. _________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure; see, for instance, Guja v. Moldova [GC], no 14277/04, ECHR 2008.
Amendment 186 #
2018/0106(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that competent authorities have staff members dedicated to handling reports, while respecting confidentiality of persons reporting on breaches. Dedicated staff members shall receive specific training for the purposes of handling reports.
Amendment 187 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
Amendment 188 #
2018/0106(COD)
Proposal for a directive
Recital 62
Recital 62
(62) As a rule, reporting persons should first use the internal channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (have at their disposal both internal and external reporting channels including media outlets which mplay be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry)an essential role in preserving democratic values.
Amendment 188 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a b (new)
Article 9 – paragraph 1 – point a b (new)
a b) due follow-up to the report by the designated person or department, including appropriate action as well as investigations into the subject of the reports, where necessary;
Amendment 189 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
b a) contacts from civil society organisations involved in the protection of persons reporting on breaches;
Amendment 191 #
2018/0106(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 191 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
a a) the rights associated with the protection of the reporting person in the context of this Directive, including the possibility for the reporting person to consult OPLA directly;
Amendment 192 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
g) a statement clearly explaining that persons making information available to the competent authorityies and on internal reporting channels in accordance with this Directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and are not to be involved in liability of any kind related to such disclosure.
Amendment 193 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g a (new)
Article 10 – paragraph 1 – point g a (new)
g a) access to reports and recommendations published by the competent authorities;
Amendment 194 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g b (new)
Article 10 – paragraph 1 – point g b (new)
g b) contact information of organisations where legal advice can be obtained free of charge;
Amendment 195 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Competent authorities as well as private and public legal entities shall promptly acknowledge the receipt of written reports to the postal or electronic address indicated by the reporting person, unless the reporting person explicitly requested otherwise or the competent authority reasonably, or private and public legal entities, believes that acknowledging receipt of a written report would jeopardise the protection of the reporting person’s identity.
Amendment 196 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority and ensuring the necessary confidentiality is maintained, the competent authorities and the private and public legal entities shall have the right to document the oral reporting in one of the following ways:
Amendment 198 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The competent authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree the transcript of the call by signing it.
Amendment 199 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authorityies and the private and public legal entities shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree with the minutesthe transcript of the call by signing ithem.
Amendment 201 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Where a person requests a meeting with the dedicated staff members of the competent authorityies or the private and public legal entities for reporting according to Article 7(2)(c), competent authorities and the private and public legal entities shall ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form. A cCompetent authorityies and private and public legal entities shall have the right to document the records of the meeting in one of the following ways:
Amendment 203 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
b) accurate minutes of the meeting prepared by the dedicated staff members of the competent authority and the private and public legal entities.
Amendment 204 #
2018/0106(COD)
The competent authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree withe the minutesranscript of the meetingcall by signing ithem.
Amendment 205 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive from the moment that he/she consults internal or external reporting channels referred to in this Directive, provided he or she has reasonable grounds to believe that the information reported or disclosed was true at the time of reporting or disclosure and that this information falls within the scope of this Directive.
Amendment 209 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. A report should not be discarded because it was made anonymously and full protection should be granted to persons reporting on breaches, who have reported or disclosed information anonymously.
Amendment 211 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 214 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 216 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 218 #
2018/0106(COD)
Proposal for a directive
Recital 85 a (new)
Recital 85 a (new)
(85a) This Directive is without prejudice to Member States' freedom to introduce the same or similar rules for breaches of national law, thereby providing a coherent and comprehensive framework for the protection of persons reporting on breaches.
Amendment 218 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
n a) physical, moral or financial pressure exerted on the persons protected by this Directive;
Amendment 219 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n b (new)
Article 14 – paragraph 1 – point n b (new)
n b) obstruction or cancellation of retirement benefits;
Amendment 220 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation, including, where provided for under national law, certification of the fact that they qualify for protection under this Directive.
Amendment 221 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, tThis Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 225 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
8 a. Reporting persons shall have access to psychological support.
Amendment 226 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches of fundamental rights and principles of the EU, as well as breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II) as regards the following areas:
Amendment 226 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
b) take retaliatory measures against reporting persons and against any natural or legal person associated with the activities protected by this Directive;
Amendment 228 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II) as regardsincluding but not limited to the following areas:
Amendment 230 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point i a (new)
Article 1 – paragraph 1 – point a – point i a (new)
(ia) employment
Amendment 231 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point i b (new)
Article 1 – paragraph 1 – point a – point i b (new)
(ib) trade
Amendment 231 #
2018/0106(COD)
Member States may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in any provision of this Directive, without prejudice to Article 16 and Article 17(2).
Amendment 232 #
2018/0106(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Non-regression clause 1. The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded when reporting on breaches other than those mentioned in Article 1. 2. This Directive is without prejudice to any other rights conferred on reporting persons by other legal acts of the Union.
Amendment 233 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart A – point 2 – introductory part
Annex I – part I – subpart A – point 2 – introductory part
2. Review procedures regulated in particular by:
Amendment 235 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart B – paragraph 1 – introductory part
Annex I – part I – subpart B – paragraph 1 – introductory part
Rules establishing a regulatory and supervisory framework and consumer and investor protection in the Union financial services and capital markets, banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice and the services listed in Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338), as regulated in particular by:
Amendment 236 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart C – point 1 – introductory part
Annex I – part I – subpart C – point 1 – introductory part
1. General safety requirements of products placed in the Union market as defined and regulated in particular by:
Amendment 237 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart C – point 2 – introductory part
Annex I – part I – subpart C – point 2 – introductory part
2. Marketing and use of sensitive and dangerous products, as regulated in particular by:
Amendment 238 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart D – point 3 – introductory part
Annex I – part I – subpart D – point 3 – introductory part
3. Safety requirements in the road sector as regulated in particular by:
Amendment 239 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart D – point 4 – introductory part
Annex I – part I – subpart D – point 4 – introductory part
4. Safety requirements in the maritime sector as regulated in particular by:
Amendment 240 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart E – title
Annex I – part I – subpart E – title
E Article 1(a)(v) – protection of the environment, sustainable development, waste management, marine, air and noise pollution, protection and management of water and soils, protection of nature and biodiversity and the fight against climate change, as well as provisions on environmental responsibility, including:
Amendment 241 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart E a (new)
Annex I – part I – subpart E a (new)
Ea Provisions on access to environmental information including: (i) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26); (ii) 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 documents (OJ L 145, 31.5.2001, p. 43); (iii) Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13); (iv) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1-14).
Amendment 242 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart E b (new)
Annex I – part I – subpart E b (new)
Amendment 243 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart E c (new)
Annex I – part I – subpart E c (new)
Ec Provisions on chemicals, including: (i) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC,93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 244 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart F – paragraph 1 – introductory part
Annex I – part I – subpart F – paragraph 1 – introductory part
Rules on nuclear safety as regulated in particular by:
Amendment 245 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart H – point 1 – introductory part
Annex I – part I – subpart H – point 1 – introductory part
1. Measures setting high standards of quality and safety of organs and substances of human origin, as regulated in particular by:
Amendment 246 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart H – point 2 – introductory part
Annex I – part I – subpart H – point 2 – introductory part
2. Measures setting high standards of quality and safety for medicinal products and devices of medical use as regulated in particular by:
Amendment 247 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart I – paragraph 1 – introductory part
Annex I – part I – subpart I – paragraph 1 – introductory part
Consumer rights and consumer protection as regulated in particular by:
Amendment 248 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart J a (new)
Annex I – part I – subpart J a (new)
Amendment 252 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 254 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) persons having the status of worker, or former workers, with the meaning of Article 45 TFEU, including persons having the status of civil servants;
Amendment 260 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and paid and unpaid trainees;
Amendment 273 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall also apply to reporting persons whose work-based relationship has ended or is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre- contractual negotiation.
Amendment 276 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall apply to officials as well as to other employees and interns working at the institutions, agencies and bodies of the Union.
Amendment 278 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. This Directive shall apply to individuals falling within the definition laid out in Article 1 of private or public legal entities located within the Union, as well as to private or public European legal entities located outside Union territory.
Amendment 279 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 c (new)
Article 2 – paragraph 2 c (new)
2c. This Directive shall apply to individuals facilitating the reporting on breaches such as journalists or intermediaries between the reporting person and the person distributing the information.
Amendment 280 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 d (new)
Article 2 – paragraph 2 d (new)
2d. This Directive shall apply to any individual reporting on breaches of Union law who has evidence of such breaches in the public or private sector.
Amendment 286 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities or, abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annexor activities detrimental to the public interest or the general interest of the Union;
Amendment 290 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘unlawful activities’ means acts or omissions contrary to Union law;
Amendment 296 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules;
Amendment 298 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 301 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘disclosure’ means making information on breaches acquired inter alia within the work-related context available to the public domain;
Amendment 302 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work-related activities;
Amendment 312 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting or disclosure which occurs in a work-related context and causes or may cause unjustified detriment to the reporting person;
Amendment 316 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘follow-up’ means any action taken by the recipient of the report, made internally or externally, to assess the accuracy of the allegations made in the report and, where relevant, to address the breach reported, including actions such as internal enquiry, investigation, prosecution, action for recovery of funds and closure, as well as any other relevant remedial action;
Amendment 318 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13 a (new)
Article 3 – paragraph 1 – point 13 a (new)
(13a) ‘national authority’ means any national authority entitled to receive reports in accordance with Chapter III and designated to carry out the duties provided for in this Directive, in particular as regards the follow-up of reports;
Amendment 319 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13 b (new)
Article 3 – paragraph 1 – point 13 b (new)
(13b) ‘OPLA’, the authority set up at European level to receive reports in accordance with Chapter III, and to carry out the functions provided for in this Directive;
Amendment 320 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13 c (new)
Article 3 – paragraph 1 – point 13 c (new)
(13c) 'facilitator' means any natural or legal person who contributes to the report or assists a person reporting on breaches with his report.
Amendment 322 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘competent authorityies’ means any national authority entitled to receive reports in accordance with Chapter III and designated to carry out the duties provided for in this Directive, in particular as regards the follow up of reportsor OPLA.
Amendment 325 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports, following consultations with social partners, if appropriateand negotiations with the worker representatives and/or the trade union and/or social partners.
Amendment 327 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), but t. The use of internal channels for reporting shall not be mandatory for these categories of persons.
Amendment 330 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. These reporting channels shall be clearly defined by the entity and easily accessible both within and from outside the entity. Such channels shall fully safeguard the anonymity of persons reporting on breaches or their facilitators, provided they wish to, as well as their personal data.
Amendment 341 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Any decision taken by a Member State pursuant to paragraph 4 shall be notified to the Commission and OPLA, together with a justification and the criteria used in the risk assessment. The Commission shall communicate that decision to the other Member States.
Amendment 347 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
c) municipalities with more than 10 000 inhabitants;
Amendment 348 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 6 – point c a (new)
Article 4 – paragraph 6 – point c a (new)
ca) European Union institutions, agencies and bodies.
Amendment 369 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. It shall be ensured that a person considering reporting on breaches is protected to discuss, be accompanied and represented by his/her trade union and/or legal advisor, including throughout the internal process.
Amendment 377 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
ca) guarantee free and independent advice and legal support for persons reporting on breaches, as well as for facilitators and intermediaries;
Amendment 378 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
cb) give the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation and, where relevant, take his/her comments into account;
Amendment 380 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Member States shall ensure that the national authorities can take adequate remedial action.
Amendment 381 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. Member States shall ensure that the national authority publishes the final report, ensuring the reporting person's anonymity is maintained unless he/she requests otherwise, and that the national authority ensures this report contains the reporting person's comments as well as remedial action where appropriate.
Amendment 384 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority within reasonable time and that the reporting person is informed without delay.
Amendment 385 #
2018/0106(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 389 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
ca) they guarantee free and independent advice and legal support for persons reporting on breaches, as well as for facilitators and intermediaries.
Amendment 392 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Such channels shall safeguard the anonymity of the person reporting on breaches when he/she wishes to, as well as their personal data.
Amendment 395 #
2018/0106(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that competent authorities have staff members dedicated to handling reports, while respecting confidentiality of persons reporting on breaches. Dedicated staff members shall receive specific training for the purposes of handling reports.
Amendment 399 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
Amendment 401 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a b (new)
Article 9 – paragraph 1 – point a b (new)
ab) due follow-up on the report by the designated person or department, including appropriate action as well as investigations into the subject of the reports, where necessary;
Amendment 405 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
aa) the rights associated with the protection of the reporting person in the context of this Directive, including the possibility for the reporting person to consult OPLA directly;
Amendment 406 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
ba) contacts from civil society organisations involved in the protection of persons reporting on breaches;
Amendment 410 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
g) a statement clearly explaining that persons making information available to the competent authorityies and on internal reporting channels in accordance with this Directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and are not to be involved in liability of any kind related to such disclosure.
Amendment 412 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g a (new)
Article 10 – paragraph 1 – point g a (new)
ga) access to reports and recommendations published by the competent authorities;
Amendment 414 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g b (new)
Article 10 – paragraph 1 – point g b (new)
gb) contact information of organisations where legal advice can be obtained free of charge;
Amendment 416 #
2018/0106(COD)
2. Competent authorities as well as private and public legal entities shall promptly acknowledge the receipt of written reports to the postal or electronic address indicated by the reporting person, unless the reporting person explicitly requested otherwise or the competent authority reasonably, or private and public legal entities, believes that acknowledging receipt of a written report would jeopardise the protection of the reporting person’s identity.
Amendment 417 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority and ensuring the necessary confidentiality is maintained, the competent authorities and the private and public legal entities shall have the right to document the oral reporting in one of the following ways:
Amendment 419 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The competent authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree the transcript of the call by signing it.
Amendment 420 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authorityies and the private and public legal entities shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree with the minutesthe transcript of the call by signing them. it.
Amendment 422 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Where a person requests a meeting with the dedicated staff members of the competent authorityies or the private and public legal entities for reporting according to Article 7(2)(c), competent authorities and the private and public legal entities shall ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form. A cCompetent authorityies and private and public legal entities shall have the right to document the records of the meeting in one of the following ways:
Amendment 423 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
b) accurate minutes of the meeting prepared by the dedicated staff members of the competent authority and the private and public legal entities.
Amendment 424 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
The competent authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree withe the minutesranscript of the meetingcall by signing ithem.
Amendment 425 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive from the moment that he/she consults internal or external reporting channels described in this Directive, provided he or she has reasonable grounds to believe that the information reported or disclosed was true at the time of reporting or disclosure and that this information falls within the scope of this Directive.
Amendment 431 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. A report should not be discarded because it was made anonymously and full protection should be granted to persons reporting on breaches, who have reported or disclosed information anonymously.
Amendment 434 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 445 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 448 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 468 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
na) physical, moral or financial pressure exerted on the persons protected by this Directive;
Amendment 470 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n b (new)
Article 14 – paragraph 1 – point n b (new)
nb) obstruction or cancellation of retirement benefits,
Amendment 481 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation, including, where provided for under national law, certification of the fact that they qualify for protection under this Directive.
Amendment 487 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
8a. Reporting persons shall have access to psychological support.
Amendment 496 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
b) take retaliatory measures against reporting persons and against any natural or legal person associated with the activities protected by this Directive;
Amendment 511 #
2018/0106(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in any provision of this Directive, without prejudice to Article 16 and Article 17(2).
Amendment 514 #
2018/0106(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Non-regression clause 1. The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded when reporting on breaches other than those mentioned in Article 1. 2. This Directive is without prejudice to any other rights conferred on reporting persons by other legal acts of the Union.
Amendment 527 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A – point 2 – introductory part
Annex I – part I – point A – point 2 – introductory part
2. Review procedures regulated in particular by:
Amendment 532 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – introductory part
Annex I – part I – point B – paragraph 1 – introductory part
Rules establishing a regulatory and supervisory framework and consumer and investor protection in the Union financial services and capital markets, banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice and the services listed in Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338), as regulated in particular by:
Amendment 546 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point C – point 1 – introductory part
Annex I – part I – point C – point 1 – introductory part
1. General safety requirements of products placed in the Union market as defined and regulated in particular by:
Amendment 550 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point C – point 2 – introductory part
Annex I – part I – point C – point 2 – introductory part
2. Marketing and use of sensitive and dangerous products, as regulated in particular by:
Amendment 555 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point D – point 3 – introductory part
Annex I – part I – point D – point 3 – introductory part
3. Safety requirements in the road sector as regulated in particular by:
Amendment 557 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point D – point 4 – introductory part
Annex I – part I – point D – point 4 – introductory part
4. Safety requirements in the maritime sector as regulated in particular by:
Amendment 559 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point E – title
Annex I – part I – point E – title
E Article 1(a)(v) – protection of the environment, sustainable development, waste management, marine, air and noise pollution, protection and management of water and soils, protection of nature and biodiversity and the fight against climate change, as well as provisions on environmental responsibility, including:
Amendment 560 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point E a (new)
Annex I – part I – point E a (new)
Ea Provisions on access to environmental information including: (i) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26); (ii) 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 documents (OJ L 145, 31.5.2001, p. 43); (iii) Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13); (iv) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1-14).
Amendment 561 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point E b (new)
Annex I – part I – point E b (new)
Amendment 562 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point E c (new)
Annex I – part I – point E c (new)
Ec Provisions on chemicals, including: (i) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 564 #
2018/0106(COD)
Rules on nuclear safety as regulated in particular by:
Amendment 566 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point G – point 4 – introductory part
Annex I – part I – point G – point 4 – introductory part
4. Protection of animal welfare as regulated in particular by:
Amendment 568 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point H – point 1 – introductory part
Annex I – part I – point H – point 1 – introductory part
1. Measures setting high standards of quality and safety of organs and substances of human origin, as regulated in particular by:
Amendment 569 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point H – point 2 – introductory part
Annex I – part I – point H – point 2 – introductory part
2. Measures setting high standards of quality and safety for medicinal products and devices of medical use as regulated in particular by:
Amendment 571 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point I – paragraph 1 – introductory part
Annex I – part I – point I – paragraph 1 – introductory part
Consumer rights and consumer protection as regulated in particular by:
Amendment 573 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point J a (new)
Annex I – part I – point J a (new)
Amendment 40 #
2018/0105(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Facilitating the use of financial information is necessary to prevent, detect, investigate or prosecute serious crimespecific criminal offences, in particular money laundering, the associate predicate offences and terrorist financing.
Amendment 42 #
2018/0105(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In order to enhance security in the Member States and across the Union, it is necessary to improve access to information by Financial Intelligence Units and public authorities responsible for the prevention, detection, investigation or prosecution of serious forms of crimes,pecific criminal offences, in particular money laundering, the associate predicate offences and terrorist financing, as well as to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 49 #
2018/0105(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Asset Recovery Offices should be designated among the competent authorities and have direct access to the information held in centralised bank account registries when preventing, detecting or investigating a specific serious criminal offences, and in particular money laundering, the associate predicate offences, terrorist financing or supporting a specificrelevant criminal investigation, including the identification, tracing and freezing of assets.
Amendment 54 #
2018/0105(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The perpetrators of criminal offences, in particular criminal groups and terrorists, often operate across different Member States and their assets, including bank accounts, are often located in other Member States. Given the cross-border dimension of serious crimes, including terrorismpecific criminal offences, in particular money laundering, the associate predicate offences, terrorist financing, and of other related criminal financial activities, it is often necessary for competent authorities carrying out investigations to access information on bank accounts held in other Member States.
Amendment 63 #
2018/0105(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to enhance legal certainty and operational effectiveness, this Directive should lay down rules to strengthen the Financial Intelligence Units' ability to share information with their designated competent authorities for all serious criminal offences, in particular for money laundering, the associate predicate offences and terrorist financing.
Amendment 64 #
2018/0105(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should also set out a clearly defined legal framework to enable Financial Intelligence Units to request relevant data stored by designated competent authorities in order to enable them to prevent and combat money laundering, the associated predicate offences and, terrorist financing effectively, whilst fully respecting the fundamental rights.
Amendment 67 #
2018/0105(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Sharing information between Financial Intelligence Units and with competent authorities should only be permitted where it is necessary and sufficiently reasoned on a case- by-case basis, eithein particular for the prevention, detection, investigation or prosecution of serious criminal offences or for money laundering, the associated predicate offences and terrorist financing.
Amendment 72 #
2018/0105(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis, a Financial Intelligence Unit should be empowered to legally exchange information or analysis already in its possession or which can be obtained from obliged entities at the request of another Financial Intelligence Unit or of a competent authority in its Member State. This exchange should not hamper a Financial Intelligence Unit's active role in disseminating its analysis to other Financial Intelligence Units where that analysis reveals facts, conduct or suspicion of money laundering and terrorist financing of direct interest to those other Financial Intelligence Units. Financial analysis covers operational analysis which focuses on individual cases and specific targets or on appropriate selected information, depending on the type and volume of the disclosures received and the expected use of the information after dissemination as well as strategic analysis addressing money laundering and terrorist financing trends and patterns. However, this Directive should be without prejudice to the organisational status and role conferred to Financial Intelligence Units under the national law of Member States.
Amendment 76 #
2018/0105(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The use of secure facilities for the exchange of information, in particular the decentralised computer network FIU.net (the ‘FIU.net’), which is managed by Europol since 1 January 2016, or its successor and the techniques offered by FIU.net, within the scope of this Directive should be legally used for exchanges of such information between Financial Intelligence Units.
Amendment 80 #
2018/0105(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically and precisely set out the type and scope of information that can be exchanged between Financial Intelligence Units and with designated competent authorities. This Directive should not bring any changes to currently agreed methods of data collection.
Amendment 81 #
2018/0105(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit replies to requests for financial information and financial analysis made by Europol through the respective Europol National Unit. Member States should also provide that their Europol National Unit replies to requests for information on bank accounts by Europol. Requests made by Europol have to be duly justified. They have to be made on a case-by case basis, within the limits of Europol's responsibilities and for the performance of its tasks. _________________ 16 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53.
Amendment 89 #
2018/0105(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States should be required to ensure that the processing of sensitive financial information that could reveal, inter alia, a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation should be allowed only to the extent that it is strictly necessary and relevant to a specific investigation.
Amendment 91 #
2018/0105(COD)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and by the Charter of Fundamental Rights of the European Union, in particular the right to respect for private and family life (Article 7) and, the right to the protection of personal data (Article 8), the right to an effective remedy and to a fair trial (Article 47), the presumption of innocence and right of defence (Article 48), principles of legality and proportionality of criminal offences and penalties (Article 49), by international law and international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in Member States' constitutions in their respective fields of application. This Directive respects and observes also the freedom to conduct a business, the prohibition of discrimination, the right to an effective remedy and to a fair trial, the presumption of innocence and the rights of the defence.
Amendment 92 #
2018/0105(COD)
Proposal for a directive
Recital 24
Recital 24
(24) It is essential to ensure that processing of personal data under this Directive fully respects the right to protection of personal data. Any such processing is subject to Directive (EU) 2016/680 of the European Parliament and of the Council and to Regulation (EU) 2016/679 of the European Parliament and of the Council18 , in their respective scope of application. As far as the access of Asset Recovery Offices to centralised bank account registries and data retrieval systems is concerned, Directive (EU) 2016/680 applies while Article 5(2) of Council Decision 2007/845/JHA should not apply. As far as Europol is concerned, Regulation (EU) 2016/794 applies. Specific and additional safeguards and conditions for ensuring the protection of personal data should be laid down also in this Directive in respect of mechanisms to ensure the processing of sensitive data and records of information requests. _________________ 18 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 94 #
2018/0105(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Personal data obtained under this Directive should only be processed by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime of complying with the requirements of this Directive, and in particular for the purposes of prevention, detection, investigation or prosecution of money laundering, the associate predicate offences and terrorist financing. The collection and subsequent processing of personal data by obliged entities should not be further processed in a way that is incompatible with the aforementioned purposes. In particular, further processing of personal data for commercial purposes should be strictly prohibited.
Amendment 101 #
2018/0105(COD)
Proposal for a directive
Recital 29
Recital 29
(29) This Directive aims at ensuring that rules are adopted to provide Union citizens with a higher level of security, rule of law and democracy by preventing and combating crime, pursuant to Article 67 of the Treaty on the Functioning of the European Union. Due to their transnational nature, the terrorist and criminal threats affect the Union as a whole and require a Union wide response. Criminals may exploit, and will benefit from, the lack of an efficient use of bank account information and financial information in a Member State, which can have consequences in another Member State. Since the objective of this Directive cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level through a sincere and in good faith cooperation between the Member States and the competent EU institutions, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
Amendment 104 #
2018/0105(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down measures to facilitate access by competent authorities to financial information and bank account information for the prevention, detection, investigation or prosecution of serious criminal offencespecific criminal offences, in particular money laundering, the associate predicate offences and terrorist financing. It also provides for measures to facilitate access by Financial Intelligence Units to law enforcement information and to facilitate the cooperation between Financial Intelligence Units.
Amendment 114 #
2018/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'financial information' means any type of legally obtained or collected information or data which is legally held by Financial Intelligence Units to prevent, detect and effectively combat money laundering and terrorist financing, or any type of such information or data which is held by public authorities or by obliged entities for those purposes and which is available to Financial Intelligence Units without the taking of coercive measures under national law;
Amendment 116 #
2018/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'law enforcement information' means any type of legally obtained or collected information or data which is legally held by competent authorities to prevent, detect, investigate or prosecute criminal offences or any type of such information or data which is held by public authorities or by private entities for those purposes and which is available to competent authorities without the taking of coercive measures under national law;
Amendment 121 #
2018/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
Amendment 123 #
2018/0105(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to legally access and search the national centralised bank account registries set up by the Member States in accordance with Article 32a of Directive (EU) 2015/849. They shall include the Europol National Units and in full respect of the fundamental rights. They shall include the Asset Recovery Offices.
Amendment 126 #
2018/0105(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to request and receive financial information or financial analysis from the Financial Intelligence Unit. They shall include the Europol National Units.
Amendment 129 #
2018/0105(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that the competent authorities designated pursuant to Article 3(1) shall have the power to legally access and search, directly and immediately, relevant bank account information when is necessary for the performance of their tasks for the purposes of preventing, detecting, investigating or prosecuting a serious criminal offencein particular money laundering, the associated predicate offences, terrorist financing and terrorism money laundering, the associate predicate offences and terrorist financing or supporting a criminal investigation concerning a serious criminalsuch offences, including the identification, tracing and freezing of the assets related to such investigation. The request to competent authorities to access and search relevant bank information shall be sufficiently reasoned.
Amendment 133 #
2018/0105(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The legal access and search of bank account information in accordance with Article 4 shall be performed, only by the persons within each competent authority that have been specifically designated and authorised to perform these tasks and on a case- by-case basis, provided this is sufficiently reasoned and necessary for preventing, detecting, investigating or prosecuting of money laundering, associate predicate offences and terrorist financing.
Amendment 141 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is required to reply toable to respond to sufficiently reasoned requests for financial information or financial analysis by its designated competent authorities referred to in Article 3(2), where that financial information or financial analysis is necessary, on a case- by-case basis, for the prevention, detection, investigation or prosecution of serious criminal offencemoney laundering, the associate predicate crimes and terrorist financing. A request shall contain the relevant evidence that should sufficiently reason the supply of such information or analysis.
Amendment 149 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The financial information and financial analysis received from the Financial Intelligence Unit may be processed by the competent authorities of the Member States for the specific purposes of preventing, detecting, investigating or prosecuting serious criminal offencesmoney laundering, the associate predicate offences and terrorist financing other than the purposes for which personal data are collected in accordance with Article 4(2) of Directive (EU) 2016/680, in so far as such a processing is necessary for preventing, detecting, investigating or prosecuting the aforementioned offences. In this context the fundamental rights shall be fully respected.
Amendment 155 #
2018/0105(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Subject to national procedural safeguards, each Member State shall ensure that its designated national competent authorities are required to reply toable to respond to sufficiently reasoned requests for law enforcement information by the national Financial Intelligence Unit, on a case-by- case basis, where the information is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 158 #
2018/0105(COD)
1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to legally exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences and, terrorist financing and terrorism. Such a request shall be sufficiently reasoned.
Amendment 169 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that, in exceptional and urgent cases, and by way of derogation from paragraph 2, where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offencemoney laundering, associate predicate offences and terrorist financing, a Financial Intelligence Unit shall provide that information or analysis no later than 24 hours after the receipt of the request.
Amendment 178 #
2018/0105(COD)
Proposal for a directive
Article 10
Article 10
Amendment 195 #
2018/0105(COD)
Proposal for a directive
Article 11
Article 11
Amendment 199 #
2018/0105(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
This Chapter shall only apply to designated competent authorities and Financial Intelligence Units in the exchange of information pursuant to Chapter III and in respect of exchanges of financial information and financial analysis involving the Europol National Units pursuant to Chapter IV.
Amendment 202 #
2018/0105(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The processing ofIn accordance with Article. 10 of Directive 2016/80, the processing of sensitive financial information that could revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case, that falls within the scope of this Directive. The publication and exchange of such information to other authorities or institutions shall be strictly prohibited.
Amendment 207 #
2018/0105(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The collection and subsequent processing of personal data by obliged entities shall not be further processed in a way that is incompatible with the EU law and the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, further processing of personal data for commercial purposes should be strictly prohibited.
Amendment 211 #
2018/0105(COD)
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
In accordance with Article 15 of Directive 2016/680, Member States shallmay adopt legislative measures restricting, in whole or in part, the data subject's right of access to personal data relating to him or her processed under this Directive, to the extent that, and for as long as such a restriction constitutes a necessary and proportionate measure with due regard for the fundamental rights and legitimate interests of the data subject, in order to:
Amendment 213 #
2018/0105(COD)
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 215 #
2018/0105(COD)
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) avoid obstructing official or legal inquiries, analyses, investigations or procedures for the purposes of this Directive and to ensure thatavoid jeopardising the prevention, investigation and detection of money laundering, terrorist financing or other serious criminal offences is not jeopardisedand terrorism.
Amendment 217 #
2018/0105(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall review the effectiveness of their systems to combat serious criminal offences by maintaining comprehensive statisticsmoney laundering, the associate offences and terrorist financing by maintaining comprehensive statistics on access, exchange and use of financial information for the purposes of this Directive.
Amendment 46 #
2018/0089(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair or price reduction, replacement, removal or price reduction, contract termination or reimbursement of the price paid as available under national laws.
Amendment 49 #
2018/0089(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of consumer law. To improve the deterrence of unlawful practices and to reduce consumer detriment, it is necessary to strengthen the mechanism for protection of collective interests of consumers. Given the numerous changes, for the sake of clarity it is appropriate to replace Directive 2009/22/EC. There is a strong need for European intervention, on the basis of Article 114 TFEU, in order to ensure both access to justice and sound administration of justice as it will reduce the costs and burden entailed by individual actions.
Amendment 56 #
2018/0089(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Collective redress mechanisms allow individuals to jointly request unlawful practices to be stopped or prevented, or to obtain compensation for the harm caused by them. Allowing individuals to join claims that concern breaches of law that affect identical or similar interests belonging to more than one legal or natural person strengthens the fundamental right to access to justice. Such mechanisms allow multiple claimants to share the cost of judicial proceedings, reducing the financial burden on individuals; and expedite the resolution of their cases. They make remedies more accessible and so help fulfil EU citizens’ rights to an effective remedy and to a fair trial – as protected under Article 47 of the Charter of Fundamental Rights of the European Union and Articles 6 and 13 of the European Convention on Human Rights – in practice.
Amendment 68 #
2018/0089(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, labour, energy, telecommunications and environment. It should cover infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 70 #
2018/0089(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 85 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods in full compliance in particular with the principle of proportionality and the fundamental right to access to justice. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 89 #
2018/0089(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Independent public bodies and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placed to act as qualified entities. Since these entities have access to different sources of information regarding traders' practices towards consumers and hold different priorities for their activities, Member States should be free to decide on the types of measures that may be sought by each of these qualified entities in representative actions.
Amendment 116 #
2018/0089(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 205 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive aims at minimum harmonisation and shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level, provided that these provisions ensure equivalent or higher degree of protection of the collective interests of the consumers.
Amendment 215 #
2018/0089(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law indicatively listed in Annex I that harm or may harm the collective interests of consumers in a variety of sectors such as financial services, energy, labour, telecommunications, health and the environment. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 223 #
2018/0089(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive respects the fundamental rights, and observes the principles, recognised by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and in particular the right to a fair and impartial trial and the right to an effective remedy.
Amendment 227 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) ‘consumer organisation’ means any group that seeks to protect consumers' interests from illegal acts or omissions committed by traders.
Amendment 246 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) "consumer law" means Union and national law adopted to protect consumers;
Amendment 252 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall ensure that representative actions can be brought by qualified entities designated, at their request, by the Member States in advance for this purpose and placed in a publicly available list.
Amendment 260 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point b
Article 4 – paragraph 1 – subparagraph 2 – point b
(b) it has ajustified legitimate interest in ensuring that provisions of Union law covered by this Directive are complied with;
Amendment 269 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) it demonstrates sufficient and legal financial resources to represent the best interests of its members concerned and to meet any adverse costs should the action fail.
Amendment 293 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that in particular consumer organisations and, where applicable, independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities in particular consumer organisations that represent members from more than one Member State.
Amendment 298 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 302 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The compliance by a qualified entity with the criteria referred to in paragraph 1 is without prejudice to the rightduty of the court or administrative authority to examine whether the purpose of the qualified entity justifies its taking action in a specific case in accordance with Article 5(1).
Amendment 320 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law indicatively listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b). Although the decision on these representative actions can only be taken after it has been formally established that a practice constitutes an infringement of Union law, however, in order not to prolong procedures, these actions may be launched in parallel with the actions for injunction orders referred to in paragraph 2.
Amendment 338 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, both in terms of economic and non- economic harm, as appropriate. A Member State mayshall require in principle the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issuin order to file a representative action. Any exception to this principle should be duly justified.
Amendment 353 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 371 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to them. In such cases, Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public purpose serving the collective interests of consumers, notwithstanding the option that consumers claim individual compensation.
Amendment 391 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has legal and sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 465 #
2018/0089(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to non- compliance with the final decisions issued within the representative action and shall take all necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Punitive penalties, leading to overcompensation, shall not be permitted.
Amendment 468 #
2018/0089(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that penalties may take, inter alia, the form of fines.
Amendment 490 #
2018/0089(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 536 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a (new)
Annex I – point 59 a (new)
(59a) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).
Amendment 538 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 b (new)
Annex I – point 59 b (new)
(59b) Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).
Amendment 540 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 c (new)
Annex I – point 59 c (new)
(59c) Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22).
Amendment 542 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 d (new)
Annex I – point 59 d (new)
(59d) Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).
Amendment 544 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 e (new)
Annex I – point 59 e (new)
(59e) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
Amendment 546 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 f (new)
Annex I – point 59 f (new)
(59f) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).
Amendment 548 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 g (new)
Annex I – point 59 g (new)
(59g) Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p. 251).
Amendment 550 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 h (new)
Annex I – point 59 h (new)
(59h) Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107).
Amendment 552 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 i (new)
Annex I – point 59 i (new)
Amendment 554 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 j (new)
Annex I – point 59 j (new)
(59j) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 556 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 k (new)
Annex I – point 59 k (new)
(59k) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).
Amendment 558 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 l (new)
Annex I – point 59 l (new)
(59l) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1).
Amendment 560 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 m (new)
Annex I – point 59 m (new)
(59m) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC(OJ L 338, 13.11.2004, p. 14).
Amendment 562 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 n (new)
Annex I – point 59 n (new)
(59n) Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 564 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 o (new)
Annex I – point 59 o (new)
(59o) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).
Amendment 566 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 p (new)
Annex I – point 59 p (new)
(59p) Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L136, 30.4.2004, p. 1).
Amendment 568 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 q (new)
Annex I – point 59 q (new)
(59q) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263, 9.10.2007, p. 1).
Amendment 570 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 r (new)
Annex I – point 59 r (new)
(59r) Regulation (EC) 1924/2006 of 20 December 2006 on nutrition and health claims made on foods (OJ L 404, 30.12.2006, p. 9).
Amendment 572 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 s (new)
Annex I – point 59 s (new)
(59s) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
Amendment 574 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 t (new)
Annex I – point 59 t (new)
(59t) Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union Text with EEA relevance (OJ L 349, 5.12.2014, p. 1–19).
Amendment 576 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 u (new)
Annex I – point 59 u (new)
(59u) Directive2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article16(1) of Council Directive 89/391/EEC) (codified version) (Text with EEA relevance) (OJL 158, 30.4.2004, p. 50).
Amendment 578 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 v (new)
Annex I – point 59 v (new)
(59v) Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56).
Amendment 580 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 w (new)
Annex I – point 59 w (new)
(59w) Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 07/08/1985 p. 0029 - 0033).
Amendment 582 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 x (new)
Annex I – point 59 x (new)
(59x) Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999 amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products OJ L 141, 04/06/1999 p. 0020 - 0021).
Amendment 584 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 y (new)
Annex I – point 59 y (new)
(59y) Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (OJ L 147, 09/06/1975, p. 0040 - 0047).
Amendment 586 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 z (new)
Annex I – point 59 z (new)
(59z) Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines (OJ L 212, 22/07/1989, p. 0079 - 0081).
Amendment 588 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a a (new)
Annex I – point 59 a a (new)
(59aa) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88–110).
Amendment 590 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a b (new)
Annex I – point 59 a b (new)
(59ab) Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, p. 1–16).
Amendment 592 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a c (new)
Annex I – point 59 a c (new)
(59ac) Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1–4).
Amendment 594 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a d (new)
Annex I – point 59 a d (new)
(59ad) Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ L 037, 13/02/1993, p. 0001 - 0003).
Amendment 596 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a e (new)
Annex I – point 59 a e (new)
(59ae) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1–123).
Amendment 598 #
2018/0089(COD)
Proposal for a directive
Annex I – point a f (new)
Annex I – point a f (new)
(59af) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10–23).
Amendment 600 #
2018/0089(COD)
Proposal for a directive
Annex I – point a g (new)
Annex I – point a g (new)
(59ag) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19–76).
Amendment 602 #
2018/0089(COD)
Proposal for a directive
Annex I – point a h (new)
Annex I – point a h (new)
(59ah) Directive 2013/50/EU of the European Parliament and of the Council of 22 October 2013 amending Directive 2004/109/EC of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, Directive 2003/71/EC of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading and Commission Directive 2007/14/EC laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC (OJ L 294, 6.11.2013, p. 13– 27).
Amendment 604 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a i (new)
Annex I – point 59 a i (new)
(59ai) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed - Council statement (OJ L 140, 30/05/2002, p. 0010 - 0022).
Amendment 606 #
2018/0089(COD)
Proposal for a directive
Annex I – point a j (new)
Annex I – point a j (new)
(59aj) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1–21).
Amendment 608 #
2018/0089(COD)
Proposal for a directive
Annex I – point a k (new)
Annex I – point a k (new)
(59ak) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).
Amendment 610 #
2018/0089(COD)
Proposal for a directive
Annex I – point a l (new)
Annex I – point a l (new)
(59al) Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ L 304, 21.11.2003, p. 1– 194).
Amendment 612 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a m (new)
Annex I – point 59 a m (new)
(59am) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1–61).
Amendment 614 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a n (new)
Annex I – point 59 a n (new)
(59an) Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (OJ L 104, 8.4.2004, p. 1–35).
Amendment 616 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a o (new)
Annex I – point 59 a o (new)
(59ao) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, p. 7–49).
Amendment 618 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a p (new)
Annex I – point 59 a p (new)
(59ap) Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1–20).
Amendment 619 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a q (new)
Annex I – point 59 a q (new)
(59aq) Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L81, 31.3.2016, p. 1-7)).
Amendment 620 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a r (new)
Annex I – point 59 a r (new)
(59ar) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1– 16).
Amendment 621 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a s (new)
Annex I – point 59 a s (new)
(59as) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55–205).
Amendment 622 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a t (new)
Annex I – point 59 a t (new)
(59at) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16– 33).
Amendment 623 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a u (new)
Annex I – point 59 a u (new)
(59au) Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, (OJ L 211, 14.8.2009, p. 15–35).
Amendment 624 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a v (new)
Annex I – point 59 a v (new)
(59av) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005, (OJ L 211, 14.8.2009, p. 36–54).
Amendment 625 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a w (new)
Annex I – point 59 a w (new)
(59aw) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, (OJ L 309, 24.11.2009, p. 1–50).
Amendment 626 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a x (new)
Annex I – point 59 a x (new)
(59ax) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides, (OJ L 309, 24.11.2009, p. 71–86).
Amendment 627 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a y (new)
Annex I – point 59 a y (new)
(59ay) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1–50).
Amendment 628 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a z (new)
Annex I – point 59 a z (new)
(59az) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes Text with EEA relevance (OJ L 276, 20.10.2010, p. 33–79).
Amendment 21 #
2018/0064(COD)
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
Having regard to the European Pillar of Social Rights,
Amendment 23 #
2018/0064(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The protection of social and labour rights, the free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the Union, enshrined in the Treaty on the Functioning of the European Union (TFEU).
Amendment 24 #
2018/0064(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection, promote social justice and protection, combat social exclusion and discrimination, and promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child, as well as promote economic, social and territorial cohesion, and solidarity among Member States. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.
Amendment 31 #
2018/0064(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Pillar of Social Rights highlights that everyone has the right to timely and tailor-made assistance to improve employment or self- employment prospects. Stresses that everyone has the right to transfer social protection and training entitlements during professional transitions. Underlines that young people have the right to continued education, apprenticeship, traineeship or a job offer of good standing. Underlines that people unemployed have the right to personalised, continuous and consistent support.
Amendment 35 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market, as well as to enhance the protection of labour rights and to assist tackling unemployment. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 40 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate efficiently and without delay on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 43 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the efficient coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . _________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 60 #
2018/0064(COD)
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
Having regard to the European Pillar of Social Rights,
Amendment 60 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on democratic dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. _________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 62 #
2018/0064(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The protection of social and labour rights, the free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the Union, enshrined in the Treaty on the Functioning of the European Union (TFEU).
Amendment 64 #
2018/0064(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection, promote social justice and protection, combat social exclusion and discrimination, and promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child, as well as promote economic, social and territorial cohesion, and solidarity among Member States. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health.
Amendment 67 #
2018/0064(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Pillar of Social Rights highlights that everyone has the right to timely and tailor-made assistance to improve employment or self- employment prospects. Stresses that everyone has the right to transfer social protection and training entitlements during professional transitions. Underlines that young people have the right to continued education, apprenticeship, traineeship or a job offer of good standing. Underlines that people unemployed have the right to personalised, continuous and consistent support.
Amendment 67 #
2018/0064(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Within the framework of their respective competences, the Authority should cooperate with other agencies of the Union, in particular those established in the area of employment and social policy, building on their expertise and maximising synergies: the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (Cedefop), the European Agency for Safety and Health at Work (EU- OSHA), and the European Training Foundation (ETF), as well as, as regards the fight against organised crime, corruption and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and European Union Agency for Criminal Justice Cooperation (Eurojust), as well as with the other EU agencies active in the area of justice and home affairs, such as the European Union Agency for Fundamental Rights (FRA), the European Asylum Support Office (EASO), the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the European Institute for Gender Equality (EIGE), the EU Agency for Law Enforcement Training (CEPOL)) and the EU Anti- Trafficking Coordinator.
Amendment 69 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market, as well as to enhance the protection of labour rights and to assist tackling unemployment and combat social dumbing. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions.
Amendment 74 #
2018/0064(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union. It also takes into account the European Pillar of Social Rights,
Amendment 75 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall mainly assist Member States and the Commission in matters relating to cross-border labour mobility, unemployment, and the coordination of social security systems within the Union.
Amendment 77 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate efficiently and without delay on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 80 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) advises the Commission and the Member States on tackling unemployment.
Amendment 82 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) facilitate cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant Union law, in accordance with Article 8, and the effective tackling of unemployment;
Amendment 83 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to combatting social dumping and to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . _________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 90 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. _________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 92 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) support Member States in streamlining the provision of information and services to individuals and employers pertaining to cross-border mobility on a voluntary basis, while fully respecting Member States' competences and the fundamental rights.
Amendment 94 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide, where appropriate, services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall:
Amendment 97 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences, whilst respecting in full the protection of personal data and fundamental rights.
Amendment 98 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Authority shall support the work of the Administrative Commission for the efficient Coordination of Social Security Systems with handling financial matters related to social security coordination, in accordance with Article 74 of Regulation (EC) No 883/2004 and Articles 65, 67 and 69 of Regulation (EC) No 987/2009.
Amendment 100 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote the proper use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 101 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud, providing reports to the Commission with a view to their further development and with full respect of personal data.
Amendment 104 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 105 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on democratic dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. _________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 110 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and, the Commission, and the social partners should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 111 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. When presenting a case for mediation by the Authority, Member States shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point and for any reason in the course of the mediation procedure.
Amendment 115 #
2018/0064(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level and Member State-level social partners. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 117 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts or social partners following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 118 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Members of the Management Board representing their Member States and their alternates shall be appointed by their respective Member States in light of their knowledge in the fields referred to in Article 1(2) and on the basis of merit, taking into account relevant experience, managerial, administrative and budgetary skills.
Amendment 120 #
2018/0064(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Within the framework of their respective competences, the Authority should cooperate with other agencies of the Union, in particular those established in the area of employment and social policy, building on their expertise and maximising synergies: the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (Cedefop), the European Agency for Safety and Health at Work (EU- OSHA), and the European Training Foundation (ETF), as well as, as regards the fight against organised crime, corruption and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and European Union Agency for Criminal Justice Cooperation (Eurojust), as well as with the other EU agencies active in the area of justice and home affairs, such as the European Union Agency for Fundamental Rights (FRA), the European Asylum Support Office (EASO),the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the European Institute for Gender Equality (EIGE), the EU Agency for Law Enforcement Training (CEPOL)) and the EU Anti- Trafficking Coordinator.
Amendment 120 #
2018/0064(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Management Board shall convene meetings with the Stakeholder Group at least ontwice a year.
Amendment 123 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of sixnine distinguished representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission.
Amendment 124 #
2018/0064(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Authority shall contain provisions expressly empowering the EPPO, European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.
Amendment 127 #
2018/0064(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights sand observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union. It also takes into account the European Pillar of Social Rights,
Amendment 135 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall mainly assist Member States and the Commission in matters relating to wage and social dumping, cross-border labour mobility, unemployment, and the coordination of social security systems within the Union.
Amendment 138 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law.
Amendment 142 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This regulation is without prejudice to the diversity of national industrial relations systems as well as the autonomy of social partners as explicitly recognised by the TFEU. Taking part in the activities of the Authority is without prejudice to the Member States' competences, obligations and responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce, and to the Member States' powers to regulate, mediate or monitor national industrial relations, in particular on the exercise of the right to collective bargaining and to take collective action.
Amendment 143 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labour mobility, combatting unemployment and social dumping in the internal market. To this end, the Authority shall:
Amendment 150 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and, employers and social partners to information on their rights and obligations as well as to relevant services;
Amendment 155 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions without prejudice to the diversity of national industrial relations systems as well as the autonomy of social partners and the right to collective bargaining and to take collective action.
Amendment 158 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) advise the Commission and the Member States on tackling unemployment
Amendment 161 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and, employers and social partners on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 162 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) facilitate cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant Union law, in accordance with Article 8, and the effective tackling of unemployment;
Amendment 176 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authority shall improve the availability, quality and accessibility of information offered to individuals and, employers and social partners to facilitate fair labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall:
Amendment 191 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) support Member States in streamlining the provision of information and services to individuals and employers pertaining to cross-border mobility on a voluntary basis, while fully respecting Member States' competences and the fundamental rights.
Amendment 197 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide, where appropriate, services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall:
Amendment 200 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences, whilst respecting in full the protection of personal data and fundamental rights.
Amendment 217 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 219 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote the proper use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 220 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud, providing reports to the Commission with a view to their further development and with full respect of personal data.
Amendment 229 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 276 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. When presenting a case for mediation by the Authority, Member States shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point and for any reason in the course of the mediation procedure.
Amendment 292 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts or social partners following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 297 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Members of the Management Board representing their Member States and their alternates shall be appointed by their respective Member States in light of their knowledge in the fields referred to in Article 1(2) and on the basis of merit, taking into account relevant experience, managerial, administrative and budgetary skills. Members of the Management Board representing the social partners referred to in points (b) and(c) shall be appointed by their respective organisations in the Member States.
Amendment 318 #
2018/0064(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Management Board shall convene meetings with the Stakeholder Group at least ontwice a year.
Amendment 332 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of sixnine representatives of Union- level social partners equally representing trade unions and employer’s organisations,; and two representatives of the Commission.
Amendment 344 #
2018/0064(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Authority shall contain provisions expressly empowering the EPPO, European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.
Amendment 20 #
2018/0044(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conflict of laws rules governing the third-party (or proprietary) effects of assignments of claims do not currently exist at Union level. These conflict of laws rules are laid down at Member State level, but they are inconsistent and often unclear. In cross- border assignments of claims, the inconsistency of national conflict of laws rules leads to legal uncertainty as to which law applies to the third-party effects of the assignments. The lack of legal certainty creates a legal risk in cross-border assignments of claims which does not exist in domestic assignments as different national substantive rules may be applied depending on the Member State whose courts or authorities assess a dispute as to the legal title over the claims.
Amendment 24 #
2018/0044(COD)
(14a) This Regulation is not intended to alter the provisions of Rome I regarding the proprietary effect of a voluntary assignment as between assignor and assignee or as between assignee and debtor.
Amendment 25 #
2018/0044(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 29 #
2018/0044(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The claims covered by this Regulation are inter alia trade receivables, claims arising from financial instruments as defined in Directive 2014/65/EU on markets in financial instruments43 and cash credited to an account in a credit institution. Financial instruments as defined in Directive 2014/65/EU include securities and derivatives traded on financial markets. While securities are assets, derivatives are contracts which include both rights (or claims) and obligations for the parties to the contract. _________________ 43 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173, 12.6.2014, p. 349–496.
Amendment 46 #
2018/0044(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘third-party effects’ means proprietary effects, that is, the right of the assignee to assert his legal title over a claim assigned to him towards other assignees or beneficiaries of the same or functionally equivalent claim, creditors of the assignor and other third parties;
Amendment 49 #
2018/0044(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) ‘securitisation’ means -pursuant to Art. 2(1) Regulation(EU) 2017/2042- a transaction or scheme, whereby the credit risk associated with an exposure or a pool of exposures is tranched, having all of the following characteristics: (a) payments in the transaction or scheme are dependent upon the performance of the exposure or of the pool of exposures; (b) the subordination of tranches determines the distribution of losses during the ongoing life of the transaction or scheme; (c) the transaction or scheme does not create exposures which possess all of the characteristics listed in Article 147(8) of Regulation (EU) No 575/2013.
Amendment 52 #
2018/0044(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
The material time for determining the habitual residence of the assignor is the point in time that the assignment is made.
Amendment 59 #
2018/0044(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The assignor and the assignee may choose the law applicable to the assigned claim as the law applicable to the third-party effects of an assignment of claims in view of a securitisation, as well as in view of supply chain finance programs and secondary trading in syndicated loans.
Amendment 61 #
2018/0044(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
The choice of law shall be made expressly in the assignment contract or by a separate agreement. The substantive and formal validity of the act whereby the choice of law was made shall be governed by the chosen law. Any assignment shall be formally valid if it satisfies the formal requirements of the law that applies to the contract between the assignor and assignee under Article 14(1) of Rome I.
Amendment 64 #
2018/0044(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
If a notice of the assignment to the debtor is one of the requirements referred to in Article 5(a) o or is relevant to any of the questions of priority referred to in Article 5(b) to (e), then any such notice shall be formally valid. This notice shall satisfy the formal requirements for such notices of the law that applies to the relationship between the assignee and the debtor under Article 14(2) of Rome I.
Amendment 66 #
2018/0044(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)
Article 6 – paragraph 2 – subparagraph 1 (new)
Collective Redress In a collective redress procedure, jurisdiction for a claim is governed, also when assigned or securitised, by the respective national lex fori until Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) will be complemented by specific consistent union-wide provisions for collective procedures.
Amendment 4 #
2017/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasises that the EU has been set up as a Union based on the rule of law and respect of human rights (Article 2 TEU); highlights that careful monitoring of Member States' and EU institutions' acts and omissions is of utmost importance;
Amendment 5 #
2017/2273(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Recognises that the primary responsibility for the proper implementation and application of EU law lies with the Member States; notes however that this does not absolve the EU institutions of their duty to respect primary EU law, in particular when they produce secondary EU law;
Amendment 10 #
2017/2273(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 13 #
2017/2273(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the high number of infringement procedures in 2016 shows that ensuring timely and correct application of EU legislation in the Member States remains a serious challenge and priority in the EU;
Amendment 15 #
2017/2273(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, recalling its resolution adopted the 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights, considers it necessary in response to the current democratic deficit to establish a new mechanism, providing a single and coherent framework, building on existing instruments and mechanisms, which should be applied in a uniform manner to all EU institutions and all Member States;
Amendment 18 #
2017/2273(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, according to Article 258(1) and (2) TFEU, the Commission shall deliver a reasoned opinion to a Member State when it considers that the latter has failed an obligation under the Treaties, and may bring the matter before the CJEU if the Member State in question does not comply with the opinion within a deadline set by the Commission;
Amendment 22 #
2017/2273(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Framework Agreement on relations between the European Parliament and the European Commission provides for sharing of information concerning all infringement procedures based on letters of formal notice, but does not cover the informal EU Pilot procedure which precedes the opening of formal infringement proceedings;
Amendment 23 #
2017/2273(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas Article 41 CFREU defines the right to good administration as the right of every person to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, and whereas Article 298 TFEU stipulates that, in carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration;
Amendment 24 #
2017/2273(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas in its Communication of the 3 February 2017 "The EU Environmental Implementation Review" (EIR) the Commission claims to have laid out a structured and comprehensive dialogue with the Member States about the implementation of EU environmental legislation and without prejudice to its enforcement powers under the EU Treaties, the Commission offers to facilitate the Member States' efforts through a new dedicated framework;
Amendment 24 #
2017/2273(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that major decisions of the EU, the Member States and its people, such as decisions on national budgets and reforms are usually prepared in opacity and taken by representatives without adherence to transparency principles, often with limited discussions and with no formal rules; regrets that there is no accountability to Parliament for those decisions; calls on the competent European institutions to assess and tackle this situation;
Amendment 29 #
2017/2273(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the importance of the role of the social partners, civil society organisations and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by Member States; suggests that this role shall be encouraged by national authorities and European institutions;
Amendment 30 #
2017/2273(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Commission to pay particular attention to the implementation of measures adopted in the area of asylum and migration, so as to ensure that they fully comply with the principles enshrined in the Charter of Fundamental Rights of the EU, and to launch the necessary infringement proceedings where relevant;
Amendment 33 #
2017/2273(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Reiterates that all EU institutions, even if they act as members of groups of international lenders, are bound by the EU-Treaties and the Charter of Fundamental Rights of the EU;
Amendment 34 #
2017/2273(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Stresses that Memoranda of Understanding concluded between the EU institutions and Member States are not considered EU acts, even if Member States are obliged thereunder to implement fiscal and tax policies for severe cutbacks; notes as a result that EU Treaties are not applicable to them;
Amendment 35 #
2017/2273(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Notes that Memoranda of Understanding regarding the implementation of structural adjustment programmes concluded between the EU institutions and Member States are considered as soft law, although their application is bound with the disbursement of loan tranches;
Amendment 36 #
2017/2273(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Stresses that the duties conferred on the Commission and the European Central Bank (ECB) within the Treaty establishing the European Stability Mechanism do not entail any power to make decisions of their own; notes with concern that the activities pursued by the Commission and ECB within the ESM Treaty commit the ESM alone and not the EU institutions;
Amendment 37 #
2017/2273(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Expresses concern that the robust fiscal measures (including significant reductions in expenditure on pensions, the health system and public administration, tax increases) envisaged in the structural adjustment programmes and imposed on the Member States by the EU institutions have had negative effects, inter alia on labour, pension rights, on the right to health and education;
Amendment 38 #
2017/2273(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7 f. Calls on the Commission to pay particular attention to its control over the implementation of EU legislation laying down rules against corruption practices that directly affect the functioning of the internal market, and to take the appropriate measures in order to tackle such phenomena;
Amendment 39 #
2017/2273(INI)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7 g. Calls on the Commission to respond effectively to the developing migration, as well as to security situations, enforcing inter alia the European Agenda on Migration and the related implementation packages efficiently and to report regularly on their implementation;
Amendment 50 #
2017/2273(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates its concern at the number of petitions to Parliament and complaints to the Commission concerning issues supposedly resolved by the Commission;
Amendment 51 #
2017/2273(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the important role of the social partners, civil society organisations, European citizens and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States; thus welcomes the increased awareness of the citizens in reviewing EU policy, including the crucial role of whistle-blowers in the private and public sector;
Amendment 52 #
2017/2273(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
Amendment 61 #
2017/2273(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recommends that any inter- parliamentary debate on democracy, the rule of law and fundamental rights shall include civil society and civic participation, e.g. through petitions transmitted to the European Parliament and the European Citizens Initiative;
Amendment 3 #
2017/2209(INI)
Draft opinion
Paragraph –1 (new)
Paragraph –1 (new)
-1. Stresses that media freedom and pluralism are rooted in the fundamental right of freedom of expression, which is a cornerstone of democracy, constituted by individual members of society;
Amendment 4 #
2017/2209(INI)
Draft opinion
Paragraph –1 a (new)
Paragraph –1 a (new)
-1 a. Acknowledges that the main responsibility for maintaining media freedom and pluralism lies with the Member States; recognises, however, that the European Union has an important role to play, especially in cross-border issues which arise in the Single Market, including competition policy issues, as well as in upholding the fundamental rights of EU citizens and protecting the democratic sphere necessary for functioning of EU democracy, in case this might be threatened by restrictions on media freedom and pluralism in one of the Member States;
Amendment 29 #
2017/2209(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned about the legislative and administrative measures used in certain Member States to restrain and control the media, directly or indirectly; stresses that the fundamental principle of editorial independence from the government and from political or commercial interests should be protected; underlines that the coverage of election campaigning and of other relevant events, especially when they substantially influence public life and opinion (e.g. major political debates, major popular demonstrations or protests) should be fair, balanced, impartial and systematically monitored;
Amendment 57 #
2017/2209(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that whistle-blowers are a crucial resource for investigative journalism and an independent press; calls on the Commission therefore to provide a strong EU-wide protection of whistle- blowers (including measures against retaliation) in accordance with the Union objectives of democracy, pluralism of opinion and freedom of expression;
Amendment 75 #
2017/2209(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that the transparency of ownership and of direct or indirect state funding is not satisfactory in any of the examined Member States; expresses its concern that in almost all Member States some media companies are owned by companies that are active in other business sectors, typically those that receive public resources or are otherwise connected to the public sphere (such as construction, energy, defence, transport);
Amendment 85 #
2017/2209(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Deplores that an EU regulation on ownership concentration has been put on hold several times because of a lack of political consensus; stresses that Member States and European institutions shall not hesitate to fully support a complete scheme of regulating media pluralism;
Amendment 87 #
2017/2209(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recommends that all media enterprises, including printed and online press, should identify their direct and indirect owners and every person who benefits from ownership; notes that this information shall be accessible to all European citizens and made searchable for purposes of monitoring and supervision by European and national authorities, researchers, industry stakeholders and citizens; proposes therefore the creation of a relevant searchable database in which media companies' ownership shall be registered up to the ultimate owner and maintained by the European Platform of Regulatory Authorities and the European Commission;
Amendment 90 #
2017/2209(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Suggests that in order to effciently safeguard media freedom and pluralism the participation in public procurement by companies whose ultimate owner also owns a media company should be prohibited or at least be made fully transparent; proposes that Member States shall be required to regularly report on all public funding provided to media enterprises and that all public funding provided to media owners should be regularly monitored; stresses that media owners shall not have been convicted or found guilty of any criminal offence;
Amendment 92 #
2017/2209(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Recommends that the Audiovisual Media Service Directive should be amended to require Member States to ensure media freedom and pluralism by putting in place adequate rules for combating concentration in the market, enhancing the level of the journalistic profession and media literacy in all countries (e.g. by encouraging self-regulation, promoting education and applying best practices in the field of journalists' source protection), ensuring the independence of the National Regulatory Authorities, effectively protecting cultural and social diversity;
Amendment 95 #
2017/2209(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Highlights that specific rules on how state aid to media outlets can be granted, shall be defined in order to reap the benefits of subsidising worthy media outlets, while preventing the misuse of this tool;
Amendment 96 #
2017/2209(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Stresses that any public funding to media organisations should be given on the basis of non-discriminatory, objective and transparent criteria which shall be made known in advance to all media;
Amendment 97 #
2017/2209(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Proposes that any public funding to media outlets should only be available for media organisations which publish a code of conduct easily accessible to the public;
Amendment 98 #
2017/2209(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Underlines that any public ownership of the media shall be subject to strict rules prohibiting governmental interference, guaranteeing internal pluralism and placed under the supervision of an independent body representing all stakeholders;
Amendment 99 #
2017/2209(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Reiterates that access to public sources and events shall depend on objective, non-discriminatory and transparent criteria;
Amendment 100 #
2017/2209(INI)
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
5 k. Notes that Member States shall ensure that appropriate instruments are put in place for identifying those responsible for harming others through media, even in the online space, while fully respecting the fundamental rights;
Amendment 28 #
2017/2178(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the audit report of the Commission's Internal Audit Service (IAS) that did not identify major issues related to the operation, maintenance security and continuity of SIS II, VIS and Eurodac IT systems; welcomes as well conclusions that the Agency operates and fulfills its tasks effectively according to the external evaluation conducted on behalf of the Commission, notes that there is still room for improvement and acknowledges the commitment of the Agency to follow up on this important audit;
Amendment 10 #
2017/2177(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that, due to the migration crisis, the Office amended its budget several times to respond to calls from the Commission and Member States for an operational expansion, which led to the provision of Asylum, Migration and Integration Fund emergency funding pending approval of regular funding; as a result, not all additional Union funds granted in 2016 were used;
Amendment 15 #
2017/2177(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets the fact that two of the five procurement procedures that audited payments (representing 2.9% of the total expenditures) were irregular due to related irregular public procurement procedures; notes also the signature of an irregular additional framework contract for which no payments were made; requests the Office to cancel all related contracts; notes also the fact that the Office has taken measures to replace the contracts in question;
Amendment 19 #
2017/2177(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests the Office to improve its internal control processes; notes that new internal control standards have already been approved; stresses the lack of proper planning for public procurement procedures; notes that the Office did not insure 65 containers (EUR 852 136) located in a risky location where other containers have previously been destroyed by riots, although it also notes that such insurance may not have been financially viable; notes that the Office had not recovered all its VAT reimbursement in a timely fashion for the years 2014 and 2015;
Amendment 22 #
2017/2177(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the late payment ratio decreased from 65 % in January 2016 to 9 % in October 2016, while the total number of transactions increased from 483 in January 2016 to 806 in October 2016; calls on the Office to complete effective corrective actions in order to efficiently tackle shortcomings, in particular those regarding recruitment procedures, late payments, high staff turnover and reimbursement of costs and welcomes action already taken to remedy most issues; calls on the Office to submit to the discharge authority a plan outlining reforms to improve its budgetary and management performance parameters;
Amendment 2 #
2017/2169(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the relatively high level of carry-overs of committed appropriations for Title II (administrative expenditure) at EUR 4,2 million, i.e. 41 %; acknowledges that it is due to the nature of the administrative arrangements between Europol and its host state regarding building works; notes that Europol received an Internal Security Fund emergency assistance grant of EUR 1,5 million in 2016 with a view to deploying experts (guest officers) to hotspots to conduct secondary security checks, for which the expenditure was audited and assessed as eligible in accordance with the grant agreement;
Amendment 4 #
2017/2169(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the 10 %at Europol's staff and budget were increases of Europod by 12 % overall in 2016 following the decision to entrust Europolit with new tasks; notes the high implementation rates for commitment (99,8 %) and payment appropriations (91,0 %);
Amendment 15 #
2017/2169(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that in 2016 Europol’s ICT network architecture was updated and that the network hosting the core business data and systems was classified asupgraded to process additionally CONFIDENTIEL UE/EU- CONFIDENTIAL information; encourages, in that context, the work of Europol’s Data Protection Officer and its close cooperation with the European Data Protection Supervisor;
Amendment 16 #
2017/2169(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights that Europol’s new legal framework provides for additional measures in terms of providing the discharge authority with dedicated information about its work, including sensitive operational matters; regrets, however, that thewelcomes the proactive communication of the Europol ethics package to its staff members, which consisted of an updated version of the Europol code of conduct, as well as guidelines to all staff members on the handling of gift terms, conflict of interest management and whistle-blowing arrangements; recognises the adoption of the management board rules on the prevention and management of conflicts of interest in respect of its members; notes the recent publication of the declarations of interest of the members of Europol’s management board is still pending;
Amendment 12 #
2017/2163(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls upon the College to adopt and implement without delay a clear and solid whistleblowing strategy and rules against "revolving doors" in line with the Union Staff Regulation;
Amendment 13 #
2017/2163(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls upon the College to implement without delay its aims to increase its online visibility and to further improve its website in order to make it even more relevant to its stakeholders and to better support CEPOL's work; recommends the College to better report effects of its activities, in particular on the security of the Union; recognizes the efforts of CEPOL in this direction;
Amendment 14 #
2017/2163(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Supports the intention of CEPOL to continue implementation of trainings and webinars to provide law enforcement officials with up-to-date information and best practice on identifying and investigating hate crimes and different forms of gender-based violence and to raise awareness about the challenges experienced by vulnerable social groups;
Amendment 3 #
2017/2139(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the budget of the Court of Justice is purely administrative, with approximately 75 % spent on persons working with the institution and the remainder on buildings, furniture, information technology and miscellaneous operating expenditure; stresses, however, that introducing performance-based budgeting should not apply only to the Court of Justice's budget as a whole but should include the setting of specific, measurable, attainable, realistic and time- based (SMART) targets to individual departments, units and staffs' annual plans and to set relevant indicators for drawing up the institution's estimates; calls therefore on the Court of Justice to introduce the principle of performance- based budgeting more widely in its operations;
Amendment 5 #
2017/2139(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that out of the commitments of missions of EUR 295.500 only EUR 41.209 were used; points out that this under-investment could be avoided; requests the Court of Justice to improve its budgeting and accountability in regard to the mission budget and emphasises the need for the principle of missions to be cost-effective;
Amendment 6 #
2017/2139(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Court of Justice to consider in due time to reduce the number of official cars at the disposal of its members and staff; calls on the Court of Justice, furthermore, to improve its checks against the use of official cars for private purposes;
Amendment 19 #
2017/2139(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that 2015 was the year of adoption of the judicial architectural reform of the Court of Justice, which was accompanied by the development of new rules of procedure for the General Court; understands that, by virtue of the number of judges being doubled in a three-stage process extending until 2019, that reform will enable the Court of Justice to continue to deal with the increase in the number of cases; looks forward to analysing the achievements of that reform in the Court of Justice's capacity to deal with cases within a reasonable period and in compliance with the requirements of a fair hearing;
Amendment 20 #
2017/2139(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes the upcoming recast of the Code of Conduct for Members where the conditions for carrying out external activities and the publication of their financial interests shall be clarified;
Amendment 21 #
2017/2139(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Stresses that transparency is a key element to the public trust; calls on the Court of Justice to establish clear rules regarding "revolving doors" and to put in place effective measures and dissuasive penalties, such as the reduction of pensions or the prohibition to work at least three years in similar bodies, in order to prevent "revolving doors";
Amendment 22 #
2017/2139(DEC)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls for a greater level of transparency on the external activities of each judge; requests that the Court of Justice provides information regarding other posts and paid external activities of the judges on its official website and its annual activity reports;
Amendment 23 #
2017/2139(DEC)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Considers that the Court of Justice should make available a general overview of the participants and the contents of its meetings with external parties other than the ones related to its judicial activity;
Amendment 24 #
2017/2139(DEC)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Asks the Court of Justice to provide without delay the discharge authority with a list of meetings with lobbyists, professional associations and civil society; asks moreover the Court of Justice to present in due time the minutes of those meetings;
Amendment 25 #
2017/2139(DEC)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Asks the Court of Justice to enact the submission of declaration of interests, instead of declarations of the absence of conflicts of interests, as self-evaluation of conflicts of interests is, in itself, a conflict of interests; considers that the evaluation of situations of conflicts of interests must be done by an independent party; asks the Court of Justice to report without delay on the changes introduced and to indicate who is checking the situations of conflicts of interests;
Amendment 26 #
2017/2139(DEC)
Draft opinion
Paragraph 7 h (new)
Paragraph 7 h (new)
Amendment 27 #
2017/2139(DEC)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Calls on the Court of Justice to provide Parliament with the specific costs of translation according to the harmonised methodology agreed within the Interinstitutional Working Group on key interinstitutional activity and performance indicators;
Amendment 28 #
2017/2139(DEC)
Draft opinion
Paragraph 7 j (new)
Paragraph 7 j (new)
7j. Welcomes the commitment of the Court of Justice to ambitious environmental targets; encourages the institution to apply the principles of green public procurement and calls for the establishment of rules and a sufficient budget for carbon offsetting;
Amendment 29 #
2017/2139(DEC)
Draft opinion
Paragraph 7 k (new)
Paragraph 7 k (new)
7k. Calls on the Court of Justice to improve its communications policy towards the citizens of the Union, e.g. by organising training seminars for journalists or developing communication products on its activity in accordance with a more citizen centred approach;
Amendment 67 #
2017/2125(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Charter of Fundamental Rights of the European Union expressly acknowledges that the Union is a community of values, and that citizen's fundamental rights lie at the heart of the European Union;
Amendment 279 #
2017/2125(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the flow of migration towards the EU is continuing and that it mostly consists of people from Africa, Near and Middle East who have not left a country which is at war or where their lives are at risk, but who have come to Europe in search of a better life;
Amendment 281 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EU and its Member States to put solidarity and respect for the fundamental rights of migrants and asylum seekers at the core of EU migration policies;
Amendment 282 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights the need for a holistic EU approach that will strengthen the coherence of the EU's internal and external policies; encourages the EU and the Member States to put respect for the right of migrants at the centre of any bilateral or multilateral cooperation agreement with non-EU countries, including readmission agreements, mobility partnerships and technical cooperation agreements;
Amendment 283 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines the fundamental right to seek asylum; encourages the EU and the Member States to open up and devote sufficient resources to create new safe and legal possibilities and channels for asylum seekers to enter the European Union, so as to reduce the risks inherent in attempting to enter illegally and to combat effectively human trafficking and smuggling networks that profit from endangering the lives of migrants and from their sexual and labour exploitation;
Amendment 284 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses the need to mainstream fundamental rights in every aspect of EU migration policies; calls on the Member States to respect the rights of vulnerable migrants;
Amendment 285 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Supports the establishment of an effective and harmonised EU asylum system for the fair distribution of asylum seekers among Member States;
Amendment 286 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Calls on the EU institutions and the Member States to establish concrete measures and best practices aimed at promoting equality of treatment and social inclusion so as to improve the integration of migrants into society;
Amendment 287 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Notes that certain Member States are disregarding their obligations in relation to asylum and migration; calls on the Member States to take into account also international conventions on human rights when accepting and allocating refugees; expresses the hope that the competent EU institutions will systematically monitor the application of the European Agenda on Migration by the Member States; recalls that an effective EU policy needs to be based on a balance between responsibility and solidarity among the Member States;
Amendment 288 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
Amendment 289 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Calls on the Member States to 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;
Amendment 290 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Calls for assistance to be provided to those Member States situated at the external borders of the EU to help them address systematic weaknesses in reception conditions and asylum procedures, which are aggravated by the increase in the number of asylum seekers;
Amendment 311 #
2017/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly condemns the upsurge in the trafficking of human beings in Africa and towards Europe, the perpetrators of which – including official and governmental players – should be made to feel the full force of the law;
Amendment 328 #
2017/2125(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that legal channels should be available for migration, including from Africa, but not for all the men and women hoping to come to Europe; takes the view that the best way to protect the rights of persons who cannot legally enter Europe would be especially to bring about the rapid and robust development of Africa, as well as Near and Middle East, which Europe could promote by stepping up its involvement on the African continentse regions;
Amendment 384 #
Amendment 388 #
2017/2125(INI)
Motion for a resolution
Paragraph 13b (new)
Paragraph 13b (new)
13b. Deplores the way in which financial, economic and sovereign debt crisis, together with intense measures and budgetary cuts to deal with the crisis, has negatively affected economic, civil, social and cultural rights, often resulting in increasing unemployment, poverty and precarious living conditions, as well as exclusion and isolation, particularly in the Member States in which economic adjustment programmes have been adopted;
Amendment 392 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that all EU institutions are bound by the EU Treaties and the Charter of Fundamental Rights of the EU; encourages the EU institutions to assume their duty to respect primary EU law, also when they create rules of secondary EU law, decide policies or sign agreements or treaties with institutions, and to assume their duty to assist EU Member States by all means available in their efforts to respect the values and principles of the EU, especially in times of crisis and budgetary constraints;
Amendment 397 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Notes that the economic crisis and measures implemented to address it have affected the fundamental right of many EU citizens and children to access to basic necessities such as education, housing, healthcare and social security, as well as having a negative impact on the overall health condition of the population in some Member States; stresses the need to respect the right to protection against poverty and social exclusion as stated in Article 30 of the European Social Charter; calls on the EU institutions and the Member States to encourage the implementation of effective support measures to provide their people with decent living conditions and to combat social exclusion;
Amendment 400 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Recognises that the adoption of measures, including intense budgetary cuts, to address the crisis, as well as the excessive focus on fiscal consolidation by the EU and its Member States, have exacerbated poverty and social exclusion across Europe; underlines that recent Eurostat note points out that one European in four is at risk of poverty and exclusion; highlights the fact, that in its Concluding Observations on the initial report of the European Union the UN Committee on the Rights of Persons with Disabilities has critically observed that financial restrictions adopted by the EU and its Member States have worsened the living standards of persons with disabilities and undermined the enjoyment of fundamental rights;
Amendment 403 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Stresses that the implementation of measures, such as intense budgetary cuts, to address the crisis, have led to a continuous deterioration in fundamental rights protection in the EU, causing among other things, alarming youth unemployment and poverty rates; calls for both the EU and its Member States to deliver targeted policies aimed at securing jobs and social protection measures, primarily focusing on citizens that are facing poverty and social exclusion;
Amendment 406 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13g. Stresses that the EU institutions, as well as the Member States are always under an obligation to observe the Charter of Fundamental Rights of the European Union and their international obligations; highlights therefore the need that economic adjustment programmes shall be in compliance with the EU objectives set out in Article 151 TFEU, including the promotion of employment and improvement of living and working conditions; reiterates the need to ensure that there is full democratic oversight through the effective involvement of parliaments over the measures taken by the EU and Member States in reaction to the crisis;
Amendment 409 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
Amendment 411 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 i (new)
Paragraph 13 i (new)
13i. Calls on the EU institutions and the Member States to assess the impact of on fundamental rights and freedoms, including social and labour rights, of the measures proposed or implemented to deal with the crisis and to take remedial action if necessary should it emerge that the protection of rights is regressing or that international law, including ILO conventions and recommendations, is being threatened or infringed;
Amendment 413 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 j (new)
Paragraph 13 j (new)
13j. Calls on the EU institutions and the Member States to, when adopting and implementing corrective measures and budget cuts, to conduct an impact assessment on fundamental rights and to guarantee that sufficient resources are still made available to safeguard respect for fundamental rights and freedoms and to ensure minimum essential levels of those rights and freedoms, with special attention to the most vulnerable social groups;
Amendment 416 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 k (new)
Paragraph 13 k (new)
13k. Calls on the EU institutions and Member States to recognise that long- term investment in social inclusion is beneficial, as it tackles the high cost of discrimination and inequality;
Amendment 418 #
Amendment 419 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 m (new)
Paragraph 13 m (new)
13m. Recognises that the financial and economic crisis has had a serious impact on the realisation of children's rights and wellbeing; calls on the EU and the Member States to step up their efforts in tackling child poverty and social exclusion, among other, through effective implementation of the Commission Recommendation 'Investing in children: breaking the cycle of disadvantage through integrated strategies supporting access to adequate resources, enabling access to affordable, quality services and promoting children's participation in decision-making that affects them; call on the competent EU institutions to take further measures for monitoring the implementation of the recommendations;
Amendment 422 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 n (new)
Paragraph 13 n (new)
13n. Calls on the EU institutions and the Member States for supporting appropriate public investment to sustain education, healthcare, social care and ensure that these sectors as well as access to justice and redress are not put in danger by drastic funding cuts; calls on EU and national institutions not to undermine social inclusion by budgetary cuts;
Amendment 423 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 o (new)
Paragraph 13 o (new)
13o. Calls on the Member States, as States Parties to the United Nations Convention on the Rights of the Child, to take appropriate measures to protect children from all forms of physical and psychological violence, including physical and sexual abuse, forced marriages, child labour and sexual exploitation;
Amendment 425 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 p (new)
Paragraph 13 p (new)
13p. Strongly condemns the sexual exploitation of children, particularly the growing phenomenon of child sexual abuse material also on the internet; urges the EU institutions and the Member States to unite in their efforts to combat these serious infringements of children's rights; reiterates its call for those Member States which have not done so to transpose and implement effectively the directive on combating the sexual abuse and sexual exploitation of children and child pornography; calls, furthermore, on the Union and those Member States that have not yet done so to ratify the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual abuse;
Amendment 427 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 q (new)
Paragraph 13 q (new)
13q. Calls on the Member States to implement Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, and to strengthen the legal ability, technical capabilities and financial resources of law enforcement authorities in order to increase cooperation, including with Europol, with a view to investigating and dismantling child sex offender networks more efficiently, while prioritising the rights and safety of the children involved;
Amendment 428 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 r (new)
Paragraph 13 r (new)
13r. Stresses the role of professionals who work with children, such as teachers, youth workers and paediatricians, when it comes to detecting signs of physical and psychological violence against children, including cyber bullying; calls on the Member States to ensure that such professionals have their awareness raised and receive training, to this end; calls on the Member States to establish hotlines where children can report any act of mistreatment, sexual violence, intimidation or harassment against them;
Amendment 429 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 s (new)
Paragraph 13 s (new)
13s. Recalls that the child's best interests as referred to in Article 24 of the Charter must always be a prime consideration in any policy and measure adopted in relation to children; recalls that the right to education is provided for in the Charter and that education is essential, not only for a child's welfare and personal development but also for the future of society; considers the education of children from low-income families to be an essential precondition for enabling children to escape from poverty; calls on the Member States to promote affordable high-quality education for all;
Amendment 430 #
Amendment 431 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 u (new)
Paragraph 13 u (new)
13u. Reiterates that corruption crime represents a serious fundamental rights violations and a threat to democracy and the rule of law; stresses that corruption by diverting public funds from the public use for which they are intended reduces the level and quality of public services, thereby seriously harming the fair treatment of all citizens;
Amendment 432 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 v (new)
Paragraph 13 v (new)
13v. Urges the EU institutions and the Member States to devise effective instruments for preventing, combating and sanctioning corruption and crime and to continue regularly to monitor the use made of public funds, be they European or national; to that end, calls on the Member States and the institutions to facilitate the rapid establishment of the European Public Prosecutor's Office, thus providing appropriate guarantees of independence and efficiency;
Amendment 433 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 w (new)
Paragraph 13 w (new)
13w. Stresses that corruption represents a serious fundamental rights violation; underlines that increased transparency and access to public documents by citizens and journalists is an efficient way to expose and combat corruption;
Amendment 434 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 x (new)
Paragraph 13 x (new)
13x. Urges the EU institutions to adopt an anti-corruption strategy that is complemented by effective instruments; calls on all Member States and the EU to join the Open Government Partnership and to devise concrete strategies to promote transparency, empower citizens and fight corruption;
Amendment 435 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 y (new)
Paragraph 13 y (new)
13y. Recommends the launching of a European anti-corruption code and a transparent system of indicators regarding corruption levels in the Member States and progress made in eradicating corruption, as well as an annual comparative report on the extent to which this major problem has taken hold at European level;
Amendment 436 #
2017/2125(INI)
Motion for a resolution
Paragraph 13 z (new)
Paragraph 13 z (new)
13z. Urges the Member States to step up their fight against all kinds of serious organised crime, including money laundering, trafficking in human beings, sexual abuse and exploitation, torture and forced labour, in particular involving women and children;
Amendment 437 #
2017/2125(INI)
Motion for a resolution
Paragraph null (new)
Paragraph null (new)
Calls on the EU and the Member States to provide for offences to thwart environmental crimes committed by individuals or organised criminal groups which have an impact on the rights of human beings - the right to health, life and the enjoyment of a healthy environment -, as well as on the economy and on the use of public resources; urges the Commission to examine the effective implementation in the EU of the right of access to justice in the context of the right of every person of present and future generations to live in an environment conducive to his or her health and wellbeing;
Amendment 438 #
2017/2125(INI)
Motion for a resolution
Paragraph null (new)
Paragraph null (new)
Calls on the Commission and Member States to put an end to tax competition and effectively combat harmful tax practices, tax evasion and avoidance, as well as money laundering in the EU, which harm Member States' capacity to harness to a maximum their available resources in order fully to realise economic, social and cultural rights;
Amendment 3 #
2017/2053(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the current system of own resources is characterised by a considerable degree of complexity and lack of transparency; calls therefore on the EU institutions and the Member States to tackle these shortcomings efficiently and constructively;
Amendment 8 #
2017/2053(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the EU budget and its financing should be more transparent and readable for citizens, so that the benefits of the EU, and not only its costs, are made visible; takes the view that this would improve the overall accountability of the EU budget;
Amendment 30 #
2017/2053(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the need for restoring legitimacy to EU and public spending in general; suggests therefore that greater attention should be given to synergies between the EU budget and national funding for areas with a high European added value or where national financial possibilities are insufficient for achieving a European public good;
Amendment 26 #
2017/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for increased complementarity between national budgets and the EU budget, and for European funding to focus on areas that deliver genuine European added value (e.g. social sector), corresponding to the nature of the challenges and in which such well-targeted spending at European level can produce savings at national level.
Amendment 23 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point –1 (new)
Annex I – part B – point 1 – point –1 (new)
Amendment 29 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point –1 a (new)
Annex I – part B – point 1 – point –1 a (new)
Amendment 36 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 1 – paragraph 1 a (new)
Annex I – part B – point 1 – point 1 – paragraph 1 a (new)
(c) paragraph 4 is replaced by the following: "4. In order to be eligible to support a proposed citizens’ initiative, signatories shall be citizens of the Union and shall be aged 16 years or over.";
Amendment 45 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 a (new)
Annex I – part B – point 1 – point 2 a (new)
(2a) the fourth subparagraph of paragraph 1 is replaced by the following: "After the registration is confirmed in accordance with paragraph 2, for the purpose of including it in the register, the Commission shall provide translation services for the proposed citizens’ initiative into the other official languages of the Union.";
Amendment 49 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 d (new)
Annex I – part B – point 1 – point 2 d (new)
Amendment 50 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 b (new)
Annex I – part B – point 1 – point 2 b (new)
(2b) paragraph 2c is amended as follows: "The proposed citizens’ initiative is not manifestly abusive or vexatious; and";
Amendment 51 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 c (new)
Annex I – part B – point 1 – point 2 c (new)
(2c) paragraph 2d is amended as follows: "The proposed citizens’ initiative is not incompatible with the values of the Union as set out in Article 2 TEU, with the principles set out in Article 6 TEU and with the rights enshrined in the European Charter of Fundamental Rights.";
Amendment 61 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 3 – point b – paragraph 2
Annex I – part B – point 1 – point 3 – point b – paragraph 2
Amendment 62 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 3 – point a – point 1 (new)
Annex I – part B – point 1 – point 3 – point a – point 1 (new)
In Article 5, the following subparagraph is added: 4a. Calls the European Commission to recommend Member States to unify their respective procedure, so as to simplify the collection of signatures
Amendment 65 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 3 – point c – paragraph 2
Annex I – part B – point 1 – point 3 – point c – paragraph 2
“The collection of statements of support shall begin after the date of registration of the proposed initiative, on a date established by the organisers, and within a period not exceeding 128 months.”.
Amendment 70 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 4 – paragraph 2
Annex I – part B – point 1 – point 4 – paragraph 2
“Statements of support may be collected on paper and online. The Commission shall on a permanent basis operate a free Commission-run centralised online collection system in order to simplify the collection of statements of support as well as to facilitate the checking of those statements by the national authorities.
Amendment 73 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 1 – paragraph 3 – subparagraph 1 (new)
Annex I – part B – point 1 – point 1 – paragraph 3 – subparagraph 1 (new)
Independent experts, NGOs, the European Economic and Social Committee and the Commission shall cooperate to create an online platform to collect data for the purposes of this Regulation.
Amendment 84 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 5 – point a – paragraph 2
Annex I – part B – point 1 – point 5 – point a – paragraph 2
Amendment 86 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 5 – point b – paragraph 2
Annex I – part B – point 1 – point 5 – point b – paragraph 2
Amendment 91 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 6 – paragraph 2
Annex I – part B – point 1 – point 6 – paragraph 2
Amendment 95 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 7 – paragraph 2
Annex I – part B – point 1 – point 7 – paragraph 2
Amendment 100 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 8 – paragraph 2
Annex I – part B – point 1 – point 8 – paragraph 2
“Organisers shall be liable for any damage they cause in the organisation of a citizens’ initiative through acts that are unlawful and committed intentionally or with culpable or serious negligence, in accordance with applicable national law. Citizens' committees shall be able to acquire legal personality. ”;
Amendment 5 #
2017/2023(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to its resolution [P8 TA(2015)0179] on Destruction of cultural sites perpetrated by ISIS/Da'esh of 30 April 2015 on the destruction of cultural sites perpetrated by ISIS/Da’esh (2015/2649(RSP)),
Amendment 6 #
2017/2023(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, of 1999,
Amendment 8 #
2017/2023(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
11 e having regard to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 14 November 1970,
Amendment 9 #
2017/2023(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UNIDROIT Convention onStolen or Illegally Exported Cultural Objects of 1995,
Amendment 13 #
2017/2023(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Council Resolution of October 2012 on the creation of an informal network of law enforcement authorities and expertise competent in the field of cultural goods (EU CULTNET) (14232/2012)
Amendment 14 #
2017/2023(INI)
Motion for a resolution
Recital –A (new)
Recital –A (new)
-A. whereas cultural heritage constitutes one of the basic elements of civilisation, inter alia, with symbolic value and cultural memory of humankind;
Amendment 17 #
2017/2023(INI)
Motion for a resolution
Recital –A a (new)
Recital –A a (new)
-A a. whereas cultural heritage enriches the cultural life of all peoples and it unites people in shared memory, knowledge and development of the civilization;
Amendment 18 #
2017/2023(INI)
Motion for a resolution
Recital –A b (new)
Recital –A b (new)
-A b. whereas cultural goods are often of major cultural, artistic, historical and scientific importance;
Amendment 22 #
2017/2023(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the restitution of objects traded and/or excavated or obtained illegally must be ensured with regard to the European Union's commitment to fair processes and victim compensation, as well as the UNESCO constitution and conventions on heritage protection;
Amendment 24 #
2017/2023(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas cultural goods shall be protected from unlawful appropriation and pillage;
Amendment 37 #
2017/2023(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that looting of works of art and other cultural goods, during armed conflicts and wars, as well as in times of peace, is a major common concern that needs to be addressed both in terms of prevention and restitution of looted cultural property in order to protect and ensure the integrity of the cultural heritage and identity of societies, communities, groups and individuals;
Amendment 39 #
2017/2023(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that insufficient attention has been paid at EU level to the restitution of works of art and cultural goods looted, stolen or illegally obtained, inter alia, in armed conflicts, in particular in the fields of private law, private international law and civil procedure; calls on the Commission therefore to explore the possibility of protecting cross-border restitution claims of cultural assets displaced and misappropriated as a result of state-sanctioned acts of plunder and looted during armed conflicts;
Amendment 42 #
2017/2023(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that there are no reliable statistics on the precise scale of looting and illicit trade with cultural property; calls on the Commission and the Member States to establish reliable statistics in this field;
Amendment 43 #
2017/2023(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Expresses concern that most current political and legislative initiatives focus exclusively on public, administrative and/or criminal law; stresses that in order to set up a comprehensive regulatory framework, private law must be taken into account more intensely; calls on the competent authorities to take all the appropriate measures and initiatives to achieve this;
Amendment 44 #
2017/2023(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recommends that that the EU should(re-)consider introducing a ground of general jurisdiction in rem (not only limited to cultural objects), as proposed by the Commission in its Proposal for the Recast of the Brussels I Regulation and as laid down e.g. in Article 98 of the Swiss Federal Act on Private International Law, in order to create a sphere of harmonization as far-reaching as possible in this field;
Amendment 45 #
2017/2023(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Considers that more investigation is needed in order to bring light into the dark field of illicit trade in cultural property and to obtain better information about its scale, structure and size, such as e.g. by the ILLICID project currently conducted in Germany;
Amendment 46 #
2017/2023(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Stresses that he deeply fragmented national legislation on granting immunity for cultural property on loan (”anti- seizure statutes”) amongst the EU Member States should be harmonized by an EU instrument of a plausible scope and reliable structure, in particular in respect to Nazi looted art;
Amendment 47 #
2017/2023(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Considers that immunity for cultural property on loan needs to be balanced against the interests of claimants, in order to avoid a denial of justice; unconditional immunity, in particular for Nazi looted art shall not be permitted;
Amendment 49 #
2017/2023(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the recognition by some Member States that the unique problems associated with the restitution claims of works of art and cultural goods looted, stolen or illegally obtained in armed conflicts and wars need to be addressed in order to arrive at legal solutions ensuring the property rights of private individuals unfairly dispossessed of their works of art during an armed conflict of war;
Amendment 60 #
2017/2023(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the Commission’s proposal for a regulation on the import of cultural goods of 13 July 2017, as well as the amendments adopted by the European Parliament on 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods; considering the global scope of the art market and the number of objects in private hands, underlines the need for further efforts concerning the cross-border restitution of works of art and cultural goods looted in armed conflicts and wars [P8_TA- PROV(2018)0418];
Amendment 61 #
2017/2023(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the EU competent authorities the EU to introduce a general prohibition of sale and acquisition for looted, stolen and illegally exported/imported cultural property;
Amendment 62 #
2017/2023(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Regrets that due to the absence, laxity or differences of rules between Member States concerning provenance research and due diligence, many cross- border restitution claims cannot be carried out in an effective and coordinated way, which may as a result foster looting and trafficking and incentivise smuggling; as a result of the lack of common standards the applicable procedure often remains unclear for all stakeholders, including museums, art dealers, collectors, tourists and travellers; asks, therefore, the Commission to harmonise the rules on provenance research and to incorporate some basic principles of the 1995 UNIDROIT Convention on stolen or illegally exported cultural objects;
Amendment 63 #
2017/2023(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Emphasises that there is an urgent need to actively promote the systematic recourse to high-quality and independent provenance research in order to identify looted art works, to facilitate their restitution to the legitimate owners, to achieve a fully transparent, responsible and ethical art market, and to effectively prevent and deter looting and trafficking of art and cultural goods; notes the possibilities offered by European financial instruments in this direction;
Amendment 64 #
2017/2023(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Calls on the Commission and Member States to encourage and support special training programmes in provenance research at Union and national level, in order to enable in particular those involved in the fight against the illicit trade in cultural goods to develop and improve their expertise, including through cross-border projects;
Amendment 65 #
2017/2023(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Underlines that provenance research and European cooperation have proved to be useful for the identification of looted objects and subsequently enabling them to be restituted and in some cases preventing the financing of terrorist groups or wars;
Amendment 66 #
2017/2023(INI)
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Considers that provenance research is closely linked to the due diligence obligation applicable when acquiring works of art and constitutes a major concern for all the actors in the art market as acquiring, knowingly or by negligence, stolen artworks is punishable under certain national laws;
Amendment 69 #
2017/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that care should obviously be taken to create a comprehensive listing of all Jewish-owned cultural objects plundered by the Nazis and their allies, from the time of their spoliation to the present day; urges the Commission to support a cataloguing system, to be used also by public entities and private art collections, to gather data on the situation of looted, stolen or illegally obtained cultural goods and the exact status of existing claims;
Amendment 70 #
2017/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that care should obviously be taken to create a comprehensive listing of all cultural objects, including Jewish-owned cultural objects, plundered by the Nazis and their allies, from the time of their spoliation to the present day; urges the Commission to support a cataloguing system, to be used also by public entities and private art collections, to gather data on the situation of looted cultural goods and the exact status of existing claims;
Amendment 71 #
2017/2023(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Considers that to enable proper provenance research, the creation of a documentary record or transaction register that is as detailed as possible is needed; asks the Commission to actively support the drafting of common guidelines on such registers and to adopt appropriate measures in order to encourage Member States to introduce a general obligation for art market professionals to maintain such a transaction register and, more generally, to adhere to the 1995 UNIDROIT Convention on stolen or illegally cultural objects;
Amendment 72 #
2017/2023(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that retroactive legislative measures that change the status of otherwise valid legal acquisitions of Nazi looted art in the past, e.g. by good faith acquisitions or acquisition by a longer period of possession after the Second World War, would not be in conformity with guarantees under the European Convention on Human Rights, the EU Charter of Human Rights and national constitutional guarantees; stresses that such measures should not be permitted;
Amendment 75 #
2017/2023(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Urges the EU in respect to future transactions, that it shall consider defining minimum standards for pre- contractual information on the provenance of the object to be sold, in particular whether and to what extent there is reason to suspect that the object is spoliated;
Amendment 76 #
2017/2023(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Urges the Commission to encourage, and support financially, provenance research activities throughout the Union; suggests that the Commission organise a discussion forum in order to exchange best practices and find the best solutions for the present and the future;
Amendment 77 #
2017/2023(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Urges the EU to further consider clarifying and harmonizing the buyer’s remedies in case of non-compliance with the seller’s pre-contractual duties to inform the buyer;
Amendment 78 #
2017/2023(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to promote the use of alternative dispute resolution mechanisms for works of art looted, stolen or illegally obtained in armed conflicts and wars; calls on the Commission to look into practical ways to help overcome existing legal obstacles, such as a hybrid form of arbitration and mediation; stresses the importance of clear standards and transparent and neutral procedures;
Amendment 80 #
2017/2023(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on Member States to take appropriate action to put an end to the illegal trade in cultural goods, thereby preventing cultural goods from being used as a source of terrorist financing;
Amendment 82 #
2017/2023(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that statutes of limitation often create difficulties for claimants in restitution matters; calls on the Commission to assess the issue and strike the right balance for the limitation period applicable to looted art restitution claims, including Nazi-looted art restitution claims, which should take into account both the protection of the interests of the victims of looting and theft and those of the market; considers that the US Holocaust Expropriated Art Recovery Act could serve as an example;
Amendment 83 #
2017/2023(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that in order to have a set of rules that can effectively prevent looting and smuggling of works of art and cultural goods, and to achieve a fully transparent, responsible and ethical global art market, the Commission should seek to cooperate with third countries with a view to establishing fruitful partnerships, taking into account, to this end, the principles set out in the1995 UNIDROIT Convention on stolen or illegally exported cultural objects;
Amendment 85 #
2017/2023(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the competent EU institutions to encourage Member States to share information on existing practices with regard to the provenance check of cultural goods and to intensify their cooperation in order to harmonise the control measures and administrative procedures aiming at determining the provenance of cultural goods;
Amendment 86 #
2017/2023(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Asks the Commission and all competent authorities to encourage Member States to share information on existing practices with regard to the provenance check of looted, stolen or illegally obtained or exported cultural goods and to intensify their cooperation in order to harmonise the control measures and administrative procedures aiming at determining the provenance of cultural goods;
Amendment 91 #
2017/2023(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Urges the Commission to proceed to a thorough mapping of existing databases of cultural goods and to envisage the creation of a central meta- database that takes account of the available information, is updated regularly and can be accessed by all relevant actors; considers that on the basis of this central meta-database, a common cataloguing system should be put in place which could use standardised object IDs; asks therefore the Commission to encourage introducing the object IDs developed and promoted by ICOM and other organisations as the market standard within the entire internal market;
Amendment 96 #
2017/2023(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and candidate countries to make all necessary efforts to adopt measures to ensure the creation of mechanisms which favour the return of the property referred to in this resolution and to be mindful that the return of artworks looted, stolen or illegally obtained in the course of crimes against humanity to the rightful claimants is a matter of general interest under Article 1 of Protocol 1 to the European Convention on Human Rights;
Amendment 98 #
2017/2023(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that education fosters respect and appreciation for art works and other cultural goods as symbols of cultural heritage, and that it therefore plays an important role in preventing and discouraging looting and illicit trade of cultural goods; calls on the Commission and Member States to encourage and support educational and awareness- raising activities in this regard, including in non-formal and informal settings;
Amendment 99 #
2017/2023(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission and all the competent authorities to adopt measures aimed at making the art market and also the potential buyers of artefacts aware of the importance of provenance research, given that such research is linked to the due diligence obligation;
Amendment 101 #
2017/2023(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Underlines that the cross-border nature of most restitution claims requires a clear and coherent cross-border approach that can overcome existing difficulties and facilitate the achievement of just and fair solutions; calls on the Commission to envisage setting up an advisory body at Union level to assist Member States and other actors in their efforts to locate and identify looted art works and other cultural goods and expedite their restitution to the legitimate owners;
Amendment 102 #
2017/2023(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Urges the EU to seek, under Article 167 TFEU, to encourage those Member States to accede to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, that have not yet done so;
Amendment 103 #
2017/2023(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Supports the idea that cross-border restitution procedures concerning works of art and cultural goods looted, stolen or illegally obtained, and the active promotion of provenance research, should be addressed in the context of the 2018 European Year of Cultural Heritage (‘EYCH’) initiative; calls therefore on the Commission and the working group it has set up to include this item in their working plan detailing the activities for 2018 EYCH;
Amendment 6 #
2017/2011(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that the high number of infringement procedures in 2015 shows that ensuring timely and correct application of EU legislation in the Member States remains a serious challenge and priority for the EU;
Amendment 7 #
2017/2011(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Emphasises that the EU was established as a Union based on the rule of law and respect for human rights (Article 2 TEU); highlights that careful monitoring of acts and omission by the Member States and EU institutions is of utmost importance;
Amendment 11 #
2017/2011(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the unchecked expansion of the EU’s acquis is detrimental to its proper application; stresses thereforeStresses the importance of upholding the principles of subsidiarity and proportionality; welcomes the practice by the Commission of taking due account of the principles of better law-making when selecting priorities for monitoring the application of EU law in the Member States;
Amendment 15 #
2017/2011(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recognises that the primary responsibility for the correct implementation and application of EU law lies with the Member States; notes however that this does not absolve the EU institutions of their duty to uphold primary EU law when they produce secondary EU law;
Amendment 24 #
2017/2011(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 50 #
2017/2011(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Expresses its concern that the austerity measures which the EU institutions have imposed on over- indebted Member States, in particular the drastic cuts on public spending, have had the effect of significantly reducing the capacity of Member States' administration and judiciary to assume their responsibility to properly implement EU law;
Amendment 54 #
2017/2011(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses that the Memoranda of Understanding and their implementation are not governed by EU law, even where Member States are obliged thereunder by the EU institutions to take austerity measures; points out that they are therefore not considered EU acts, with the result that the Charter of Fundamental Rights of the EU is not applicable to them among other things1a; _________________ 1a see inter alia ECJ, C-370/12, par. 161 ff., 178 ff.; ECJ, C-8/15 P to C-10/15 P, par. 67 ff.
Amendment 55 #
2017/2011(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Highlights that all EU institutions, even if are members of groups of international lenders (‘troikas’), are bound by the EU Treaties and the Charter of Fundamental Rights of the EU2a; _________________ 2a ECJ, C-8/15 P to C-10/15 P, par. 67 ff.
Amendment 56 #
2017/2011(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Stresses that the tasks allocated to the Commission or other EU institutions under Article 13(3) and (4) of the ESM Treaty or other relevant Treaties oblige them to ensure that Memoranda of Understanding concluded by the aforementioned Treaties are consistent with EU law; notes therefore that the EU institutions must refrain from signing any Memorandum of Understanding where there are doubts about its compatibility with EU law3a; _________________ 3a ECJ, C-8/15 P to C-10/15 P, par. 58 ff.; ECJ, C-370/12, par. 164.
Amendment 57 #
2017/2011(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Regrets that the annual reviews by the Commission, the ECB and the Council of economic adjustment programmes for members of the euro area have imposed obligations on Member States, which in some cases run contrary to the objectives and values of the EU as expressed in the EU Treaties and the Charter of Fundamental Rights of the EU4a; _________________ 4a see inter alia: PE 510.021.
Amendment 58 #
2017/2011(INI)
Draft opinion
Paragraph 11 e (new)
Paragraph 11 e (new)
11 e. Deplores the poor state of domestic transposition and practical implementation of EU level asylum standards, including the implementation of the EU reception conditions pursuant to Directive 2013/335a, by Member States; condemns the Member States’ highly inadequate implementation of the relocation mechanism proposed by the Commission to deal with the refugee crisis; calls therefore on the Commission to pay particular attention to the implementation of measures also adopted in the area of asylum and migration in order to ensure that they comply with the principles enshrined in the Charter of Fundamental Rights of the EU and to launch the necessary infringement proceedings where appropriate; _________________ 5a OJ L 180, 29.6.2013, p. 96.
Amendment 59 #
2017/2011(INI)
Draft opinion
Paragraph 11 f (new)
Paragraph 11 f (new)
Amendment 1 #
2017/2010(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to all previous Communications from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions regarding the need of Better Regulation in order to achieve better result for the benefit of EU citizens,
Amendment 11 #
2017/2010(INI)
Motion for a resolution
Recital F
Recital F
F. whereas subsidiarity and proportionality are relevantkey considerations in the context of retrospective evaluations, which assess whether EU actions are actually delivering the expected results in terms of efficiency, effectiveness, coherence, relevance and EU added value;
Amendment 12 #
2017/2010(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas assessments of subsidiarity and proportionality are integral and permanent parts of the EU policy making procedures and key considerations in the context of retrospective evaluations, as they assess whether EU actions are actually delivering the expected results in terms of efficiency, effectiveness, coherence, relevance and EU added value;
Amendment 15 #
2017/2010(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the adoption of a new Better Regulation package to ensure inter alia that the principles of subsidiarity and proportionality are applied in a more integrated and comprehensive manner;
Amendment 16 #
2017/2010(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that within the framework of the new Interinstitutional Agreement on Better Law-Making, signed by the Parliament, the Council and the Commission in 2016, the Commission is committed in setting out in its explanatory memoranda how its proposals are justified in the light of the principles of subsidiarity and proportionality; calls on the Commission to improve the quality of its explanatory statement memorandums on subsidiarity and its engagement with reasoned opinions;
Amendment 19 #
2017/2010(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that subsidiarity and proportionality are fundamental principles that the EU institutions should take into consideration when exercising EU competences; recalls that these principles are aimed at enhancing the functioning of the Union by ensuring that actions are always taken at the most appropriate level of government; draws attention to the fact that these principles can be dmistortused to serve Euroscepanti-EU and nationalistic ends and emphasises that the EU institutions should be vigilant in order to avoid and counteract this risk;
Amendment 25 #
2017/2010(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes the continuing decrease in the number of reasoned opinions -related to subsidiarity issues- submitted from national parliaments during the last years; notes the decrease of 62% in the number of those received in 2015 compared to 2014 and that the total number of reasoned opinions received are the lowest since 2009;
Amendment 27 #
2017/2010(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of impact studies regarding the respect of proportionality and subsidiarity;
Amendment 27 #
2017/2010(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the importance of sufficiently explaining the need of legislative initiatives and their impact, in particular on economic, environmental and social sectors, respecting the principles of subsidiarity and proportionality;
Amendment 29 #
2017/2010(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Underlines that impact assessments are a key instrument to ensure the respect of subsidiarity and proportionality principles and promote accountability;urges the European Commission to put a greater focus on subsidiarity and proportionality when conducting its impact assessments in the framework of the better regulation guidelines;
Amendment 34 #
2017/2010(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Encourages national Parliaments to give opinions on Commission proposals, which are all available for consultation at any time on the internal database CONNECT;urges national and regional parliaments to develop further their relations with the Committee of Regions, which has a group of experts who examine legislative proposals in light of the principles of subsidiarity and proportionality;considers that an informal mechanism based on inter-parliamentary cooperation can contribute to enhancing the political dialogue with national parliaments;
Amendment 36 #
2017/2010(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Emphasises that the Court of Justice of the EU stated that the observance by the EU of the obligation to state reasons as regards subsidiarity and proportionality should be evaluated not only by reference to the wording of the contested act, but also by reference to its context and the circumstances of the individual case, and that the information provided should be sufficient and understandable by national parliaments, citizens and courts;highlights that the Court has confirmed that the EU legislature must be allowed broad discretion in areas entailing political, economic and social choices, and in which it is called upon to undertake complex assessments;
Amendment 37 #
2017/2010(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. PraisWelcomes the Commission’s commitment to ‘evaluate first’ before considering potential legislative changes; considers, in this respect, that the European Union and the authorities of the Member States should work closely together to ensure better monitoring, measurement and evaluation of the actual impact of EU regulation on the economy, social structure and environment incohesion of societies and of the Union as a whole, with particular emphasis on inequality, the protection of the environment and the development of a sustainable economy in all the Member States;
Amendment 37 #
2017/2010(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Highlights that legislation should be comprehensive and clear, allowing parties to understand their rights and obligations, including appropriate reporting, monitoring and evaluating requirements, avoiding disproportionate costs, as well as being practical to implement;
Amendment 38 #
2017/2010(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Stresses that the adoption of legal acts requires the agreement of a large majority within the Council, comprising the national ministers of all the Member States, who should be accountable to their national parliaments;
Amendment 39 #
2017/2010(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Takes note of the important potential impact of EU-level decisions that the conclusion of international trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP), the Comprehensive Economic and Trade Agreement (CETA) and the Trade in Services Agreement (TiSA) may have on the capacity of national and regional government, including on decisions on services of general economic interest; calls on the Commission and on the Council to take full account of the principles of subsidiarity and proportionality when negotiating such agreements and to report to Parliament their potential effects on subsidiarity and proportionality;
Amendment 48 #
2017/2010(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is of the opinion that, since the adoption of the Lisbon Treaty, the involvement of national parliaments in EU affairs has developed significantly, including through their linking up with other national parliaments; encourages national parliaments to continue and reinforce inter-parliamentary contacts, also on bilateral basis, as a means of enhancing cooperation between Member States, and to do so with a democratic European vision and in a European spispirit of solidarity, based on the rule of law and fundamental rights; underlines that these contacts can facilitate an exchange of best practices concerning the application of the principles of subsidiarity and proportionality;
Amendment 61 #
2017/2010(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that a number of tools enabling national parliaments and citizens to participate in every step of the legislative process, which ensure monitoring of respect for the principles of subsidiarity and proportionality, already exist; encourages, therefore, that full use of these existing tools be made without, avoiding - when possible- the creatingon of even more complex administrative structures and lengthy procedures in times when the EU is struggling to make itself understood by its citizens, always with the aim of respecting and protecting their rights and interests; calls on the Member States to organize information campaigns and relevant seminars, to precisely inform citizens about their possibilities to participate in every stage of the legislative process;
Amendment 64 #
2017/2010(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines the importance of sufficiently explaining the need of legislative initiatives and their impact on all important sectors (economic, environmental, social) with the aim of respecting the principles of subsidiarity and proportionality;
Amendment 65 #
2017/2010(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Highlights that legislation should be comprehensive and clear to allow affected parties to understand their rights and obligations, including appropriate reporting, monitoring and evaluating requirements, avoiding disproportionate costs, as well as being practical to implement;
Amendment 66 #
2017/2010(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Stresses that the adoption of legal acts requires the agreement of a large majority within the Council, comprising the national Ministers of all the Member States, who should be accountable to their national parliaments;
Amendment 2 #
2017/2007(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the majority of the 3D- printed products being created are currently prototypes; whereas some industries have been using final parts for a number of years already and the final parts market continues to grow at a relatively fast rate; whereas a growing proportion of the 3D-printed products being created are now more ready-to-be- used or -commercialised items than mere prototypes;
Amendment 18 #
2017/2007(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the majority of the 3D- printed products being created are prototypes; but some industries have been using final parts for a number of years already and the final parts market continues to grow at a relatively fast rate
Amendment 38 #
2017/2007(INI)
Motion for a resolution
Recital E
Recital E
E. whereas 3D-printing technology could help to create new jobs that are less physically demanding and less dangerous (maintenance technicians, engineers, designers, etc.) and also reduce production and storage costs (low-volume manufacturing, personalised manufacturing, etc.); however the decrease in manufacturing jobs will greatly affect the economy of countries that rely on a large number of low skill jobs
Amendment 51 #
2017/2007(INI)
Motion for a resolution
Recital G
Recital G
G. whereas 3D-printing technology also raises security and especially cyber- security issues, particularly with regard to the manufacturing of weapons, explosives and drugs, and any other hazardous objects and particular care should be taken with regard to production of that kind;
Amendment 60 #
2017/2007(INI)
Motion for a resolution
Recital H
Recital H
H. whereas not all 3D-printing production of objects is unlawful, nor are all operators in the sector producing counterfeit objects; but counterfeited items can be produced easily
Amendment 66 #
2017/2007(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, from a copyright point of view, useful distinctions should be made: for instance, between home printing for private use and printing for commercial use, and between B2B services and B2C services.
Amendment 87 #
2017/2007(INI)
Motion for a resolution
Recital N
Recital N
N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing among other things, that has led the Commission to undertake a revision of that Directive to check whether it still meets current needs;
Amendment 129 #
2017/2007(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses, however, that technical solutions – currently underdeveloped – must not be overlookcould be investigated, for example, the creation of databases of encrypted and protected files and the design of printers connected to and equipped with a system capable of managing intellectual property rights;
Amendment 56 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices couldmust come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 60 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 63 #
2017/0355(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 64 #
2017/0355(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
Amendment 82 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and and should not be extended under any circumstance. Probationary periods may be longer than three months only where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 89 #
2017/0355(COD)
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may varybe longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
Amendment 94 #
2017/0355(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union, which is a necessity. Moreover, gaps in protection have emerged for new forms of employment created as a result of labour market developments since 1991.
Amendment 95 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. Member States should therefore be able to allow sSocial partners tocan conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowered or is improved.
Amendment 100 #
2017/0355(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.
Amendment 108 #
2017/0355(COD)
Proposal for a directive
Recital 37
Recital 37
Amendment 116 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices cshould come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 117 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Unpublic and private sector in the European Union without exception.
Amendment 127 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 142 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship and that the workers have the right to demand such information.
Amendment 143 #
2017/0355(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 149 #
2017/0355(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
Amendment 241 #
2017/0355(COD)
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may varybe longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
Amendment 304 #
2017/0355(COD)
Proposal for a directive
Recital 37
Recital 37
Amendment 309 #
2017/0355(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust and consult social partners withabout the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.
Amendment 313 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions byto promoting more secure ande safe, predictable employment while ensuring labour market adaptabilityand with decent conditions, having in consideration technical and scientific developments.
Amendment 326 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Unpublic and private sector in the European Union without exception.
Amendment 336 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 347 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 350 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which, after consulting social partners, shall determine which natural or legal persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They mayshall also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, shall be jointly and severally liable for obligations under this Directive. This paragraph is without prejudice to Directive 2008/104/EC.
Amendment 360 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 385 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and/or under the direction of another natural or legal person in return for remuneration;
Amendment 414 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship and that the workers have the right to demand such information.
Amendment 422 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include at least:
Amendment 432 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking;
Amendment 446 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice; the procedure and the deadline for taking legal action contesting the dismissal;
Amendment 456 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled, in addition, payments of overtime, bonuses and other entitlements and the method of calculation;
Amendment 475 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum advance notice the worker shall receive before the start of a work assignment, that shall be at least fifteen days;
Amendment 592 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropshall be handed to the worker in a wriatte, be givn document in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particularlanguage of the worker and, when requested by the worker, can additionally be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and porintsed.
Amendment 599 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 671 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if the worker is informed by their employer of a work assignment a reasonable period in advance of fifteen days, in accordance with Article 3(2)(l)(ii).
Amendment 695 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
When the period of notice is not respected by the employer, the worker is entitled to refuse the requirement. The employer can not penalise the worker when this refusal is made.
Amendment 742 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker and, when possible, within working hours.
Amendment 770 #
2017/0355(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Equal payment The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the abolition of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status is not being of relevance.
Amendment 866 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States and in relation to areas to which it applies.
Amendment 9 #
2017/0232(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The broad membership of the General Board of the ESRB is a major asset. Recent developments in the financial supervisory architecture of the Union, and in particular the set-up of a Banking Union, are however not reflected in the composition of that General Board. For that reason, the Chair of the Supervisory Board of the ECB and the Chair of the Single Resolution Board should become members with voting rights should be taken into account also regarding the composition of theat General Board of the ESRB. Corresponding adjustments should also be made to the Steering Committee and to the Advisory Technical Committee, respectively.
Amendment 11 #
2017/0232(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The ECB President has chaired the ESRB for the first 5 years of its existence, after which the ECB President has continued to chair the ESRB on an interim basis. During that period, the ECB President has conferred authority and credibility toA close cooperation between the ESRCB and ensured that the ESRB can effectively build and rely on the expertise of the ECB in the area of financial stability. It is therefore appropriate that the ECB President chairs the ESRB on a permanent basid the development of information flows are necessary, as they improve the ESRB’s ability to effectively identify, analyse and monitor EU-wide systemic risks.
Amendment 13 #
2017/0232(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The accountability, transparency and independence of the ESRB should be fully ensured and guaranteed. The enhancement of the ESRB's autonomy and of its visibility is necessary. This could be achieved by setting up the ESRB as an independent, reliable macro- prudential authority. To strengthen the visibility of the ESRB as a body that is separate from its individual members, the Chair of the ESRB should be able to delegate tasks related to the external representation of the ESRB to the head of the ESRB Secretariat.
Amendment 15 #
2017/0232(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Article 3(2) of Council Regulation (EU) No 1096/20106 provides that the head of the Secretariat of the ESRB is to be appointed by the ECB, in consultation with the General Board of the ESRB. To raise the profile of the head of Secretariat of the ESRB, the General Board of the ESRB should assess, in an open and transparent procedure, whether the shortlisted candidates for the position of head of Secretariat of the ESRB possess the qualities and experience necessary to manage the ESRB Secretariat. The General Board should inform the European Parliament and the Council about the assessment procedure. Furthermore, the tasks of the head of the ESRB Secretariat should be clarifiedsufficiently explained and clarified. The European Parliament and the Council may ask the General Board for additional information. _________________ 6 Council Regulation (EU) NO 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board (OJ L 331, 15.12.2010, p. 162).
Amendment 19 #
2017/0232(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Article 16(3) of Regulation (EU) No 1092/2010 requires that the ESRB warnings and recommendations are transmitted to the Council and the Commission and, where addressed to one or more national supervisory authorities, to the ESAs. To strengthen democratic control and transparency, those warnings and recommendations should also be transmitted without delay to the European Parliament and to the ESAs.
Amendment 20 #
2017/0232(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure the quality and relevance of the ESRB opinions, recommendations and decisions, the Advisory Technical Committee and Advisory Scientific Committee are expected to consult stakeholders, where appropriate, at an early stage and in an open, pluralistic and transparent manner. The results of these consultations should be seriously taken into account.
Amendment 22 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) No 1092/2010
Article 4 – paragraph 2 a
Article 4 – paragraph 2 a
2a. When consulted on the appointment of the head of Secretariat of the ESRB in accordance with Article 3(2) of Council Regulation (EU) No 1096/2010*, the General Board, following an open and transparent procedure, shall assess whether the shortlisted candidates for the position of head of Secretariat of the ESRB possess the qualities and experience necessary to manage the ESRB Secretariat. The General Board shall inform the European Parliament and the Council about the consultation procedure. The General Board shall sufficiently inform the European Parliament and the Council about the assessment and consultation procedure. The European Parliament and the Council may ask the General Board for additional information.
Amendment 24 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 1092/2010
Article 4 – paragraph 3 a
Article 4 – paragraph 3 a
3a. When giving directions to the head of Secretariat of the ESRB in accordance with Article 4(1) of Council Regulation (EU) No 1096/2010, the ESRB Chair and the Steering Committee may in particular address in a transparent manner the following:
Amendment 26 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) No 1092/2010
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The first Vice-Chair shall be elected by and from the members of the General Council of the ECBnominated in a transparent manner by agreement between the Heads of State and Government of the Eurozone countries and in consultation with the European Parliament for a term of 5 years, with regard to the need for a balanced and effective representation of Member States overall, and between those which are participating Member States as defined in Article 2(1) of Council Regulation (EU) No 1024/2013**, and those which are not. The first Vice- Chair may be re-elected once.
Amendment 30 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a – point i – introductory part
Article 1 – paragraph 1 – point 3 – point a – point i – introductory part
(i) the following points (fa) and (fb) areis inserted:
Amendment 31 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a – point i
Article 1 – paragraph 1 – point 3 – point a – point i
Regulation (EU) No 1092/2010
Article 6 – paragraph 1 – point (i)
Article 6 – paragraph 1 – point (i)
Amendment 35 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point i
Article 1 – paragraph 1 – point 5 – point a – point i
Regulation (EU) No 1092/2010
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(i) point (c) is replaced by the following: “(c) four other members of the General Board who arecould also be members of the General Council of the ECB, with regard to the need for a balanced representation of Member States overall, and between those which are participating Member States as defined in Article 2(1) Regulation (EU) No 1024/2013 and those which are not. They shall be elected by and from among the members of the General Board who are also members of the General Council of the ECB, for a period of 3 years;”
Amendment 36 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point i
Article 1 – paragraph 1 – point 5 – point a – point i
Regulation (EU) No 1092/2010
Article 11 – paragraph 1 c
Article 11 – paragraph 1 c
(c) four other members of the General Board who aremay also be members of the General Council of the ECB, with regard to the need for a balanced representation of Member States overall, and between those which are participating Member States as defined in Article 2(1) Regulation (EU) No 1024/2013 and those which are not. They shall be elected by and from among the members of the General Board who are also members of the General Council of the ECB, for a period of 3 years;;
Amendment 38 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) No 1092/2010
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Where appropriate, the Advisory Scientific Committee shall organise consultations with stakeholders at an early stage and in an open, pluralistic and transparent manner, while taking into account the requirement of confidentiality.;
Amendment 39 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a – point ii – introductory part
Article 1 – paragraph 1 – point 7 – point a – point ii – introductory part
(ii) the following points (fa) and (fb) areis inserted:
Amendment 40 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a – point ii
Article 1 – paragraph 1 – point 7 – point a – point ii
Regulation (EU) No 1092/2010
Article 13 – paragraph 1 (ii)
Article 13 – paragraph 1 (ii)
Amendment 42 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) No 1092/2010
Article 16 – paragraph 2 a
Article 16 – paragraph 2 a
Warnings or recommendations issued by the ESRB in accordance with points (c) and (d) of Article 3(2) may be of either a general or a specific nature and shall be addressed in particular to the Union, to one or more Member States, to one or more of the ESAs or to one or more of the national competent authorities, or to the ECB for the tasks conferred to the ECB in accordance with Articles 4(1), 4(2) and 5(2) of Regulation (EU) No 1024/2013. These warning and recommendations shall be sufficiently detailed and reasoned;
Amendment 44 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) No 1092/2010
Article 17 – paragraph 1
Article 17 – paragraph 1
1. If a recommendation referred to in Article 3(2)(d) is addressed to the Commission, to one or more Member States, to one or more ESAs, or to one or more national competent authorities, the addressees shall communicate detailed and sufficient information without delay to the European Parliament, the Council and to the ESRB on the actions undertaken in response to the recommendation and shall substantiate any inaction. Where relevant, the ESRB shall, subject to strict rules of confidentiality, inform sufficiently the ESAs of the answers received without delay.”; The rule of law, the fundamental rights, as well as the principle of the state sovereignty principle shall be fully respected.
Amendment 6 #
2017/0128(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) All EU citizens have the right to liberty and security of person (Article 6 of the Charter of Fundamental Rights of the European Union ('the Charter')), the right to respect for private and family life (Article 7 of the Charter), the right to protection of their personal data (Article 8 of the Charter).
Amendment 7 #
2017/0128(COD)
Proposal for a directive
Recital 2
Recital 2
(2) It is necessary to provide for the widespread deployment of electronic toll systems in the Member States and neighbouring countries, and to have, as far as possible, reliable, user friendly, cost- efficient, interoperable systems suited to the future development of road-charging policy at Union level and to future technical developments.
Amendment 9 #
2017/0128(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Artificial barriers to the operation of the internal market should be removed, while still allowing the Member States and the Union to implement a variety of road- charging policies for all types of vehicles at local, national or international level. The equipment installed in vehicles should allow such road-charging policies to be implemented in accordance with the principles of non-discrimination between the citizens of all Member States. Th, while fully respecting all fundamental rights. The reliable interoperability of electronic toll systems at Union level based on the refore needs tospect of fundamental rights should therefore be ensured as soon as possible.
Amendment 10 #
2017/0128(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It should be confirmed that the European Electronic Toll Service (EETS) is legally provided by EETS providers, as specified in Commission Decision 2009/750/EC17 and in full compliance with fundamental rights. _________________ 17 Commission Decision 2009/750/EC of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements (OJ L 268, 13.10.2009, p. 11).
Amendment 13 #
2017/0128(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The specific characteristics of electronic tolling systems which are today applied to light-duty vehicles should be taken into account. Since no such electronic tolling systems currently use satellite positioning or mobile communications, EETS providers should be allowed, for a limited period of time, to provide light-duty vehicles with on-board equipment suitable for use with the 5.8 GHz technology only.
Amendment 18 #
2017/0128(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Member States should be required to provide the Commission information and data necessary to evaluate the effectiveness and efficiency of the system for exchanging information on those who fail to pay a road fee with full respect for protection of personal data. The Commission should be required to assess the data and information obtained, and to propose, if necessary, amendments to the legislation.
Amendment 21 #
2017/0128(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure the interoperability of electronic road toll systems and to legally facilitate the cross- border exchange of information on the failure to pay road fees, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adapting to technological progress of the list of technologies which can be used for carrying out electronic toll transactions in electronic toll systems which require the installation or use of on- board equipment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 28 #
2017/0128(COD)
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
EETS providers shall make available to users on-board equipment which is suitable for use, interoperable and capable of communicating with all electronic toll systems in service in the Member States using the technologies listed in Annex IV.
Amendment 31 #
2017/0128(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Until 31 December 2027, EETS providers may provide users of light-duty vehicles with on-board equipment suitable for use only with the 5.8 GHz microwave technology.
Amendment 37 #
2017/0128(COD)
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Those automated searches shall be conducted in full compliance with the procedures referred to in points 2 and 3 of Chapter 3 of the Annex to Council Decision 2008/616/JHA26 and with the requirements of Annex II to this Directive as well as in full compliance with all fundamental rights. _________________ 26 Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).
Amendment 39 #
2017/0128(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means without exchange of data involving other databases which are not used for the purposes of this Directive. Member States shall ensure that such exchange of information is conducted in a cost-efficient and secure manner. Member States shall firmly commit to ensureing the security and protection of the data transmitted, as far as possible using existing software applications such as the one referred to in Article 15 of Decision 2008/616/JHA and amended versions of those software applications, in compliance with Annex II to this Directive and with points 2 and 3 of Chapter 3 of the Annex to Decision 2008/616/JHA. The amended versions of the software applications shall provide for both online real-time exchange mode and batch exchange mode, the latter allowing for the exchange of multiple requests or responses within one message.
Amendment 40 #
2017/0128(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Where the Member State in whose territory there was a failure to pay a road fee decides to initiate such proceedings, that Member State shall, in accordance with its national law, inform validly and in due time the owner, the holder of the vehicle or the otherwise identified person suspected of failing to pay the road fee. This information shall, as applicable under national law, include the legal consequences thereof within the territory of the Member State in which there was a failure to pay a road fee under the law of that Member State.
Amendment 48 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The provisions of Regulation (EU) 2016/679 and the national laws, regulations or administrative provisions transposing Directive (EU) 2016/680 shall apply to personal data processed under this Directive. The processing of personal data shall be in full compliance with all fundamental rights.
Amendment 53 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shall firmly commit to ensureing that personal data processed under this Directive are, within an appropriate time period, rectified if inaccurate, or erased or restricted, and that a time limit for the storage of data is established in accordance with Regulation (EU) 2016/679 and the national laws, regulations or administrative provisions transposing Directive (EU) 2016/680.
Amendment 56 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Member States shall firmly commit to ensureing that all personal data processed under this Directive are only used for the purpose of facilitating the cross-border exchange of information on failures to pay road fees, and that the data subjects have the same rights to information, access, rectification, erasure and blocking, compensation and judicial redress as provided for in Regulation (EU) 2016/679 and the national laws, regulations or administrative provisions transposing Directive (EU) 2016/680.
Amendment 58 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any person concerned shall have the right to obtain without hindrance information on which personal data recorded in the Member State of registration were transmitted to the Member State in which there was a failure to pay a road fee, including the date of the request and the competent authority of the Member State in whose territory there was a failure to pay a road fee.
Amendment 28 #
2017/0085(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Article 151 of the Treaty on the Functioning of the European Union provides that the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter and in the Community Charter of the Fundamental Social Rights of Workers, are to have as their objective the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.
Amendment 29 #
2017/0085(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) People with disabilities should have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, as well as a work environment adapted to their needs.
Amendment 30 #
2017/0085(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Equality of treatment and opportunities between women and men should be ensured and fostered in all areas, including participation in the labour market, terms and conditions of employment and career progression. Women and men have the right to equal pay for work of equal value.
Amendment 35 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains howeverThe rise of the dual-earner household has led to work intensification and greater demands for work-life balance. As a result, work-life balance is a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 39 #
2017/0085(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Children have the right to affordable early childhood education and care of good quality.
Amendment 40 #
2017/0085(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection.
Amendment 43 #
2017/0085(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Parents and people with caring responsibilities should have the right to suitable leave, flexible working arrangements and access to care services. Women and men should have equal access to special leaves of absence in order to fulfil their caring responsibilities and should be encouraged to use them in a balanced way.
Amendment 44 #
2017/0085(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The social partners should be consulted on the design and implementation of economic, employment and social policies according to national practices. They should be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action.
Amendment 49 #
2017/0085(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union, as well as of a decent standard of living for workers and their families.
Amendment 71 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 85 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 86 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 91 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) "single parent" means a person who is unmarried or legally separated from a spouse and has a minor or children for which the parent has either custody or joint custody.
Amendment 92 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f b (new)
Article 3 – paragraph 1 – point f b (new)
(fb) "unsocial hours working time" means working hours in the evenings, at night and at weekends, that prevent workers from decently organise and appreciate life outside work.
Amendment 95 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least tfifteen working days on the occasion of the birth or adoption of a child.
Amendment 97 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The right to paternity leave referred to in paragraph 1 shall include also single parents. It shall be granted irrespective of marital or family status as defined in national law.
Amendment 108 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least foursix months of parental leave cannot be transferred. The length of parental leave shall be doubled for single parents and for parents with disabled or seriously ill children.
Amendment 113 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed onine yearmonths. In the case of successive fixed- term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).
Amendment 115 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. In any case, the employer shall be prevented to impose on the parent any arrangement that allows for unsocial working hours.
Amendment 117 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Workers shall be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including on the probation period.
Amendment 118 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. Employment relationships that lead to precarious working conditions, including unsocial working hours, shall be prevented.
Amendment 123 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least fiveten working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 126 #
2017/0085(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. Member States may limitregulate the right to time off from work on grounds of force majeure to a certainreasonable amount of time per year or per case, or both, on the condition of submitting justified evidence. The fundamental and social rights of workers shall in any case be fully respected.
Amendment 135 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitationregulation, while fully respecting the fundamental and social rights of workers.
Amendment 149 #
2017/0085(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide in due time those grounds in writing.
Amendment 154 #
2017/0085(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They mayshall also comprise payment of compensation.
Amendment 160 #
2017/0085(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means and in due time to the attention of the persons concerned throughout their territory.
Amendment 164 #
2017/0085(COD)
The Member States shall without delay bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest two years after the entry into force. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 46 #
2017/0003(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 7 of the Charter of Fundamental Rights of the European Union ("the Charter") protects the fundamental right of everyone to the respect for his or her private and family life, home and communications. Respect for the privacy of one’s communications is an essential dimension of this right. Confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communications, including information regarding when the information has been sent, from where, to whom, is not to be revealed to anyone other than to the parties involved in a communication parties. The principle of confidentiality should apply to current and future means of communication, including calls, internet access, instant messaging applications, e-mail, internet phone calls and personal messaging provided through social media.
Amendment 47 #
2017/0003(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication, from personal experiences and emotions to medical conditions, sexual preferences and political views, the disclosure of which could result in personal and social harm, economic loss or embarrassment. Similarly, metadata derived from electronic communications may also reveal very sensitive and personal information. These metadata includes the numbers called, the websites visited, geographical location, the time, date and duration when an individual made a call etc., allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication, such as their social relationships, their habits and activities of everyday life, their interests, tastes etc. The protection of confidentiality of communications is an essential condition for the respect of other connected fundamental rights and freedoms, such as the protection of freedom of thought, conscience and religion, freedom of assembly, freedom of expression and information.
Amendment 52 #
2017/0003(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of this Regulation particularise and complement the general rules on the protection of personal data laid down in Regulation (EU) 2016/679 as regards electronic communications data that qualify as personal data. This Regulation therefore doescan not lower the level of protection enjoyed by natural persons under Regulation (EU) 2016/679. Processing of electronic communications data by providers of electronic communications services should only be permitted in accordance with and on a legal ground specifically provided under this Regulation.
Amendment 59 #
2017/0003(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Member States should be allowed, within the limits of this Regulation, to maintain or introduce national provisions to further specify and clarify the application of the rules of this Regulation in order to ensure an effective application and interpretation of those rules. Therefore, the margin of discretion, which Member States have in this regard, should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data.
Amendment 60 #
2017/0003(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation shouldets forth rules that apply to providers of electronic communications services, to providers of publicly available directories, and to software providers permitting electronic communications, including the retrieval and presentation of information on the internet. This Regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in end-users’ terminal equipment.
Amendment 64 #
2017/0003(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The definition of "end-user" should for instance include employees, tenants, hotel guests, family members, visitors, and any other individuals who are as a matter of fact using the services, for private or business purposes, without necessarily having subscribed to it.
Amendment 67 #
2017/0003(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged (electronic communications content) and the information concerning an end-user of electronic communications services processed for the purposes of transmitting, distributing or enabling the exchange of electronic communications content; including data to trace and identify the source and destination of a communication, geographical location and the date, time, duration and the type of communication. It should also include location data, such as for example the actual or inferred location of the terminal equipment, the location of the terminal equipment from or to which a phone call or an internet connection has been made, or the Wi-Fi hotspot that a device is connected to, as well as data necessary to identify the terminal equipment of end-users. Whether such signals and the related data are conveyed by wire, radio, optical or electromagnetic means, including satellite networks, cable networks, fixed (circuit- and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this Regulation. Electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting, distributing or exchanging electronic communications content.
Amendment 70 #
2017/0003(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Equipment location data should include data transmitted or stored in terminal equipment generated by accelerometers, barometers, compasses, satellite positioning systems or similar sensors or devices.
Amendment 72 #
2017/0003(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) EAny processing of electronic communications data should be treated as confidential. This means thator any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibitedby persons other than the end- users, should be prohibited. When the processing is allowed under any exception to the prohibitions under this Regulation, any other processing of the electronic communications data on the basis of Article 6 of the Regulation (EU) 2016/679 should be considered as prohibited, including processing for another purpose on the basis of Article 6(4) of that Regulation. This would not prevent controllers from asking for additional consent for new processing operations. The prohibition of interception of communications data should apply also during their conveyance, i.e. until receipt of the content of the electronic communication by the intended addressee and any temporary files in the network after receipt. Interception of electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. Interception also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned. As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, and analysis of end users’ electronic communications metadata, including browsing habits without the end- users' consent.
Amendment 77 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc. Where a type of processing of electronic communications data for these purposes is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 87 #
2017/0003(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) End-users may consent to the processing of their metadata to receive specific services such as protection services against fraudulent activities (by analysing usage data, location and customer account in real time). In the digital economy, services are often supplied against cowith remunter-performance other than money, for instance by end- users being exposed to advertisementsation paid by a third party rather than by the recipient of the service. For the purposes of this Regulation, consent of an end-user, regardless of whether the latter is a natural or a legal person, should have the same meaning and be subject to the same conditions as the data subject's consent under Regulation (EU) 2016/679. BIndividuals depend on and financially contribute, through taxes, to public services, services that are financed directly, indirectly, totally or partially by public funds such as medical services that are essential to fully participate in a democratic society. These services ensure and strengthen the enjoyment of human rights. Without access to these services individuals cannot fully participate in their societies. Therefore, preventing access to such services unless consent is provided to processing activities that are not strictly required for the performance of these services, should be prohibited. In addition to this, basic broadband internet access and voice communications services, are to be considered and other electronic communications service that have or have the potential to be used widely, are in today´s societies essential services for individuals to be able to communicate and participate to the benefits of the digital economy. Consent for processing data from internet or voice communication usage will not be valid if the data subject has no genuine and free choice, or is unable to refuse or withdraw consent without detriment. Also, the growing use and dependence of so-called 'smart' services, such as smart cars, smart phones and smart TVs, are increasingly essential devices for individuals to participate in our 'connected' society. Individuals often have no genuine and free choice when accessing those essential services or using those smart devices because they are unable to refuse or withdraw consent without detriment to themselves. Situations where the individual is confronted with "take it or leave it" options, for example when they face "tracking walls", leave them without a real choice. Access to these essential services or the functionality of terminal equipment should not depend on the requirement of consent to the processing of data that is not strictly necessary for the services or for the functionality requested. Intrusive processing activities, such as analysing electronic communications content, electronic communications metadata, or tracking user activity over time or across several information society services or terminal equipment, for purposes such as providing targeted advertisements cannot be considered as strictly necessary for the service or functionality requested.
Amendment 88 #
2017/0003(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. In exceptional circumstances, communications service providers should be able to provide the means for additional processing of electronic communications data with the consent of one of the parties to a communication, on condition that this processing is for the provision of services requested by that party and that this is strictly necessary for delivering a specific functionality, in particular such services such as voice-to- text or other automatic content processing used as accessibility tools needed by persons with disabilities. Third parties providing the means for recording, storing or otherwise processing such data used by end-users in the course of a purely individual household or individual activity, as long as this activity is part of the strictly functional aspect of hardware and software which the end-user can reasonably expect (such as voice-to- text technology, or spell checkers), should process such data in accordance with Regulation (EU) 2016/679. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stored by the end-user, end- users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.
Amendment 91 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual's emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user's terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities or to instigate certain technical operations or tasks, often without the knowledge of the user. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. A high and equal level of protection of the private sphere of users’ needs to be ensured in relation to the privacy and confidentiality of users’ terminal equipment content, functioning and use. Therefore, any such interference with the end-user's terminal equipment should be allowed only with the end-user's consent and for specific, limited, and transparent purposes.
Amendment 98 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user's settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end-user should not constitute access to such a device or use of the device processing capabilities by the person or legal person in charge of the website ("first party analytics").
Amendment 100 #
2017/0003(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Equipment location data can give a very detailed and intrusive insight into an individual´s personal life or an organisation´s business and activities. Processing of location data from any source, whether electronic communications metadata or equipment location data should be conducted on the basis of clear rules.
Amendment 106 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookietrackers’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookiestrackers'’) to lower (for example, ‘always accept cookies’trackers'') and intermediate (for example, ‘reject third party cookietrackers’ or ‘only accept first party cookietrackers’). Such privacy settings should be presented in an easily visible and intelligible manner. For web browsers and any other software enabling access to the internet or internet- based services to be able to obtain the consent of end-users as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking, they should, among others, require a clear affirmative action from the end-user of terminal equipment to express his or her freely given, specific, informed and explicit agreement to the storage and access of 'cookies' or any other trackers in and from the terminal equipment. To this end, it is necessary to require providers of software enabling access to the internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. That information provided to the users shall not be written in a way that seeks to dissuade end-users from selecting the most privacy-friendly settings and should include relevant information about the risks associated to allowing third party trackers to be stored on the device, including the compilation of long-term records of individuals' browsing histories and the use of such records to send targeted advertising or sharing that information with third parties. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to allow the user to make exceptions for or to white-list certain websites or to specify for which websites (third) party trackers are always or never allowed. In case of no active choice, or action from the user, web browsers and any other software enabling access to internet-based services should be set by default to ensure the highest degree of protection for the individual, including the rejection and blocking the storage of third party 'cookies' or other type of trackers.
Amendment 114 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may beis often used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. Such practices should be prevented to ensure compliance with the principle of purpose limitation as defined under Regulation (EU) 2016/679.While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should display prominent notices located on the edge of the area of coverage informing end-uTherefore, only in a limited number of circumstances and only if the used data would be anonymised or deleted after the defined purposers prior to entering the defined area that the technology is in operation within a given perimeter,of processing have been fulfilled, might data controllers be allowed to process the information emitted by the terminal equipment for the purposes of the tracking, the person responsible for it and the existence of any measurehysical movements of end-users with his or her consent. The anonymistaion method should technically prevent all parties from singling out an end-user within a set of data or from linking new data collected from the end-user of the´s terminal equipment can take to minimize or stop the collectionto the existing set of data. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.
Amendment 116 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security (i.e.: state security), defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Encryption and other security measures are critical to ensure the confidentiality and integrity of electronic communications and the security and integrity of the electronic communications infrastructure as a whole. The measures taken by Member States should not entail any obligations for the provider of the electronic communications network or service that would result in weakening of the security and encryption of their networks and services. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).
Amendment 119 #
2017/0003(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The introduction of itemised bills has improved the possibilities for the subscriber to check the accuracy of the fees charged by the service provider but, at the same time, it may jeopardise the privacy of the end-users of electronic communications services. The availability of electronic communications service options with alternative payment facilities which allow anonymous or strictly private access to publicly available electronic communications services, for example unregistered SIM cards and facilitates for payment by credit card, can mitigate these risks. When the end-user is a natural person who is different from the subscriber receiving the itemised bill, for example in an employment context, the operator of number-based interpersonal communication services should offer their subscribers a different type of itemised bill in which a certain number of digits of the called number will not be shown.
Amendment 120 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should inform the end- users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user's contact details can be searched should not necessarily be the same. Since reverse searches of natural persons based on phone numbers or service identifiers such as email addresses or user names may be regarded as more intrusive than other searches, a separate consent should always be required before enabling such searches of the end-user.
Amendment 121 #
2017/0003(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In this Regulation, direct marketing refers to any form of advertising or similar promotion by which a natural or legal person sends direct or presents direct marketing communications directly to one or more identified or identifiable end-users usingover an electronic communications servicesnetwork. In addition to the offering of products and services for commercial purposes, this should also include messages sent by political parties or members of political parties that contact natural persons via electronic communications services in order to promote their parties, candidacy in elections or other political campaigns. The same should apply to messages sent by other non-profit organisations to support the purposes of the organisation.
Amendment 123 #
2017/0003(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Communication to elected representatives or public authorities on matters of public policy, legislation or other activities of democratic institutions should not be regarded as direct marketing for the purpose of this Regulation.
Amendment 124 #
2017/0003(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users, directed or presented to end-users, who are natural persons, including natural persons working for legal persons, in order to effectively protect individuals against the intrusion into their private life as well as. Member States should also ensure that the legitimate interest of legal persons with regard to unsolicited communications are protected. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizenindividuals throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679 and only for a limited time period.
Amendment 127 #
2017/0003(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Voice-to-voice direct marketing calls that do not involve the use of automated calling and communication systems, given that they are more costly for the sender and impose no financial costs on end-users. Member States should therefore be able to establish and or maintain national systems only allowing such calls to end-users who have not objected. End- users should be able to object to future calls from a specific company or organization. Member States should also ensure that the end-users can object to all future voice-to-voice direct marketing calls by registering their objection in the national "Do Not Call" register. A user- friendly option to object to all future calls should be provided free of charge.
Amendment 132 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation ensures free movement of electronic communications data and electronic communications services within the Union, which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural and legal persons and the protection of natural persons with regard to the processing of personal data.
Amendment 136 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Where the specific rules in paragraph 3 involve processing of personal data that are subject to Regulation (EU) 2016/679, both Regulations apply. In cases of conflict between the two Regulations, the European Data Protection Board shall determine the instrument that should apply.
Amendment 137 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. When making a determination in line with paragraph 4, the European Data Protection Board shall consider that the interests for natural persons are paramount.
Amendment 149 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) hardware and software placed on the market permitting electronic communications between users or end- users, including the presentation of information on the Internet
Amendment 154 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the protection of information related to the terminal equipment of end- users located in the Union.
Amendment 156 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The representative shall havebe authorised by the powrovider to answer questions and provide information in addition to or instead of the provider it represents, in particular, to supervisory authorities, courts and end-users, on all issues related to processing electronic communications data for the purposes of ensuring compliance with this Regulation and shall be provided with any relevant information to that end by the provider, to the extent that the provider does not answer the questions or provide the information directly.
Amendment 160 #
2017/0003(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Applicable law in the online environment 1. To the extent that Regulation (EU) 2016/679 or this Regulation allow Member States to regulate the processing of personal data or electronic communications data, in their domestic laws, the relevant national law provisions shall apply to: (a) the processing of personal data or electronic communications data in the context of the activities of an establishment of a controller, processor or a provider of an electronic communications service or network established in the Member State in question; or (b) the processing of personal data or electronic communications data by a controller, processor or a provider of an electronic communications service or network not established in the Union , offering goods or services in that Member State or monitoring the behaviour of data subjects in that Member State; 2. The relevant national law provisions as set out in point 1 of this Article do not apply to the processing of personal data or electronic communications data in the context of the activities of an establishment of a controller, processor or a provider of an electronic communications service or network established in another Member State, who shall instead only be subject to the relevant national law provisions of that other Member State.
Amendment 162 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) ‘user or end-user’ means a natural person using a publicly available electronic communications service, without necessarily having subscribed to this service;
Amendment 163 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(bb) ‘number-based interpersonal communications service’ means an interpersonal communications service which uses assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans partly or fully as its addressing system;
Amendment 164 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b c (new)
Article 4 – paragraph 1 – point b c (new)
(bc) ‘call’ means a connection established by means of a publicly available electronic interpersonal communications service allowing voice communication between two or more endpoints;
Amendment 165 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b d (new)
Article 4 – paragraph 1 – point b d (new)
(bd) ‘electronic communication service’ means service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting;
Amendment 166 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b e (new)
Article 4 – paragraph 1 – point b e (new)
(be) ‘interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks. This includes services that enable interpersonal and interactive communication as a minor ancillary feature that is intrinsically linked to another service;
Amendment 167 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b f (new)
Article 4 – paragraph 1 – point b f (new)
(bf) ‘number- independent interpersonal communications service’ means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans;
Amendment 168 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(aa) ‘normally for remuneration’ means involving an economic transaction, whether financial or not;
Amendment 169 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) ‘electronic communications content’ means the content exchanged by means of electronic communications services or via electronic communications networks , such as text, voice, videos, images, and sound;
Amendment 172 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) ‘electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting, distributing or exchanging electronic communications content; including but not limited to, data used to trace and identify the source and destination of a communication, data on the location of the device generated in the context of providing electronic communications services, and the date, time, duration and the type of communication; it includes data broadcast or emitted by the terminal equipment to identify end-users' communications and/or terminal equipment in the network and enable it to connect to such network or to another device.
Amendment 175 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘direct marketing communications’ means any form of advertising, whether written or oral, or similar promotion sent, directed or presented to one or more identified or identifiable end- users ofver an electronic communications servicesnetwork, including the use of automated calling and communication systems with or without human interaction, targeted advertising on social media platforms, electronic mail, facsimile, SMS, etc.;
Amendment 177 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point g
Article 4 – paragraph 3 – point g
(g) ‘direct marketing voice-to-voice calls’ means live calls, which do not entail the use of automated calling systems and communication systems; and which connect the caller and the recipient of the call with or without the use of semi- automated communication systems, such as for example automatic dialers;
Amendment 178 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
Article 4 – paragraph 3 – point h a (new)
(ha) ‘new equipment location data’ means data that can enable the geospatial location, movement or direction of terminal equipment and is not processed in order to provide a communications service;
Amendment 194 #
2017/0003(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 205 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is strictly necessary to maintain or restore the security of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose. only and only to the extent that the purpose concerned could not be fulfilled by processing information that is made anonymous,
Amendment 212 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Where processing of electronic communications data in accordance with point (b) is likely to result in a high risk to the rights and freedoms of natural persons, Articles 35 and 36 of Regulation (EU) 2016/679 shall apply.
Amendment 215 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Under no circumstances, including when complying with points (a) and (b) of paragraph 1, shall providers of electronic communications services try to, be requested or be forced to comply with a request to gain access to end-user´s communications content in situations where the content itself is protected by technical means.
Amendment 225 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it is strictly necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive unlawful use of, or subscription to, electronic communications services; or
Amendment 235 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
Where a type of processing of electronic communications metadata (and taking into account the nature, scope, context and purpose of processing) is likely to result in a high risk to the rights and freedoms of natural persons, Articles 35 and 36 of Regulation 2016/679 shall apply.
Amendment 236 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 b (new)
Article 6 – paragraph 2 – subparagraph 1 b (new)
Consent may be provided to the provider of the communication service or to the provider of the specific service, but if it is provided to the latter, the latter must be able to prove to the provider of the communication service that such consent has been given.
Amendment 265 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point (b) of Article 6(2), the relevant metadatadata which is strictly necessary may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law.
Amendment 273 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including information about its software and hardware and any other electronic communications data identifying end-users, other than by the end-user concerned shall be prohibited, except on the following grounds:
Amendment 295 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is strictly necessary for web audience measuring, provided that such measurement is carried out bythe measurement of use of the information society service requested, provided that such measurement does not entail tracking of the end-user across different information society services, the data is anonymised, and that this measurement is carried out directly under the responsibility of the provider of the information society service requested by the end-user.
Amendment 310 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
The end-user shall not be denied access to an information society or electronic communications service - whether these services are remunerated or not - on grounds that the end-user does not provide consent under point (b) of Article 8(1) or point (b) of Article 8(2) for processing any data that is not strictly necessary for the provision of that service.
Amendment 311 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 b (new)
Article 8 – paragraph 1 – subparagraph 1 b (new)
The end-user shall not be denied any functionality of the terminal equipment on grounds that the end-user does not provide consent as set out in point (b) of Article 8(1) or point (b) of Article 8(2) for processing any data that is not strictly necessary for the functionality requested by the end-user.
Amendment 315 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The collection of information emitted by terminal equipment to enable it to connect to another device and, or to network equipment shall be prohibited, except if:
Amendment 324 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
(b) a clear and prominent notice is displayed informing of, at least, the modalities of the collection, itsll relevant information about the intended processing is provided in clear and easily understandable language, provided separately from the terms and conditions of the provider, and if the end- user concerned has given his or her consent to the processing of the data for one or more specified purposes, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collection. including for the provision of specific services, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous; the collection of such information shall be conditional on the application of appropriate technical and organizational measures to ensure that a level of security appropriate to the risks, as set out in Article 32 of the Regulation (EU) 2016/679 and supplemented with a mandatory data protection impact assessment., has been applied.
Amendment 344 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes ofEnd-users who have consented to the processing of electronic communications data as set out in point c of Article 6(2), points a and b of Article 6(3), point (b)b of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet and point b of Article 8(2) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 351 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processingIn order to lower the burden ofn electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continund-users, requests for consent as well as consent withdrawals shall where possible conform to technical standards applicable to such request or withdrawals and be machine-readable, in order to allow for end-users to benefit from privacy enhancing technologies.
Amendment 361 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Software placedThe settings of all the components onf the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already storedterminal equipment placed on the market, including both software and hardware, shall be configured by default to prevent third parties from storing information, processing information already stored in the terminal equipment and preventing the use by third parties onf thate equipment's processing capabilities.
Amendment 380 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction is limited to a range of targets based on a reasonable suspicion, respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (e) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory funnational security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of serious criminal offences or unauthorized use of electironic connected to the exercise of official authority for such interestsmmunication systems, and the request is done following a prior judicial authorization.
Amendment 386 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. Direct means of access into the technical facilities of the providers of communication services or communication networks ("back doors"), for the use of the agencies involved in the matters listed in paragraph 1, shall be prohibited.
Amendment 389 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of electronic communications services shall establish internal procedures for responding to requests for access to end-users’ electronic communications data based on a legislative measure adopted pursuant to paragraph 1. They shall provide the competent supervisory authority, on demand, with information about those procedures, the number of requests received, the legal justification invoked and their responsekeep detailed and secure records, in relation to all requests received, of : – the in-house staff members who handled requests, – the identity of the official or body asking for the information, – the purpose for which the information was sought, – the date and time of the request, – the formal basis and authority for the request, including the identity and status or function of the official who authorized the making of the request and whether this was a judicial or prosecution or state security official, – the number of subscribers to whose data the request related, – the precise data provided to the requesting official or body, – the period covered by the data, and any other information as may be set out in further guidance to be issues by the European Data Protection Board. The providers shall provide the competent authority with regular overall information, at least on an annual basis, on all the requests in a specified period, with such statistical breakdowns as the authority may request. The competent authority shall release a meaningful summary of the regular overall information which, one the one hand, shall allow data subjects and the general public meaningful insight into the scope and nature of the use of the powers of access by the relevant authorities, while at the same time protecting confidential information to the extent that that is strictly necessary to safeguard the matters listed in paragraph 1.
Amendment 396 #
2017/0003(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) to block incoming calls from specific numbers or from anonymous sourhaving a specific code/prefix identifying the fact that the call is a marketing call, as foreseen in Article 16(3) (b) or from sources blocking calling line ID or equivalent services;
Amendment 399 #
2017/0003(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) to stopensure that automatic call forwarding by a third party to the end- user's terminal equipment can only be initiated with the end-user´s consent.
Amendment 404 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall inform end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling such search functions related to their own datadifferent categories of their own data. A separate consent shall be required for enabling reverse searches of natural persons based on phone numbers or service identifiers such as email addresses or user names.
Amendment 408 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NThe use by natural or legal persons may useof electronic communications servicenetworks for the purposes of sending, directing or presenting direct marketing communications to end-users who are natural persons that, may be allowed only in respect of end-users who have given their consent.
Amendment 425 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner and free of charge, to receiving further marketing communications. Any use of market sender identities, false contact information or false return addresses or numbers for direct marketing purposes shall be prohibited.
Amendment 431 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
In the case of a particular risk that may compromise the security of the terminal equipment, networks and electronic communications services, the provider of an electronic communications service, the software provider and the terminal equipment vendor shall inform all end- users concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, inform end-users of any possible remedies, including an indication of the likely costs involved.
Amendment 438 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-usersEach Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation.
Amendment 441 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Where more than one supervisory authority is established in a Member State, each authority is represented on the European Data Protection Board to the extent of its respective competence, and the Member State shall set out the mechanism to ensure compliance by the other authorities with the rules relating to the consistency mechanism.
Amendment 445 #
2017/0003(COD)
Proposal for a regulation
Article 21 – paragraph 1 b (new)
Article 21 – paragraph 1 b (new)
1b. Member States may provide that a body, organisation or association independently of the end-user´s mandate, has the right to lodge, in that Member State, a complaint with the supervisory authority which is competent pursuant to paragraph 1 of this Article and to exercise the rights referred to in paragraph 2 of this Article if it considers that the rights of the end-user under this Regulation have been infringed.
Amendment 469 #
2017/0003(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 784 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-usersEach Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation.
Amendment 787 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Where more than one supervisory authority is established in a Member State, each authority is represented to the European Data Protection Board to the extent of its respective competence, and the Member State shall set out the mechanism to ensure compliance by the other authorities with the rules relating to the consistency mechanism.
Amendment 13 #
2016/2308(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to Turkey not having implemented for the eleventh consecutive year the provisions stemming from the EC-Turkey Association Agreement and the Additional Protocol thereto; this refusal continues to have a profound negative effect on the negotiation process,
Amendment 14 #
2016/2308(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to the fact that the basis for accession to the EU for Turkey is the full compliance with the Copenhagen criteria and the EU's integration capacity, in accordance with the conclusions of the December 2006 European Council meeting,
Amendment 57 #
2016/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines, however, that measures taken under the state of emergency had large-scale, disproportionate and long- lasting negative effects on the protection of fundamental freedoms in the country; condemns the collective dismissal of civil servants, the mass liquidation of media outlets, the arrests of journalists, academics, judges, human rights defenders, elected officials and ordinary citizens, and the confiscation of property and passports on the basis of emergency decree laws without individualised decisions, and without the possibility of timely judicial review; calls for the immediate and unconditional release of all political prisoners held without proof of individual involvement in committing crime or without any charges presented against them;
Amendment 174 #
2016/2308(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses its serious concern at the continuously deteriorating situation in south-east Turkey, especially in the areas where curfews were imposed, where some 2 000 people were reportedly killed in the context of security operations and an estimated half a million people became displaced in the period from July 2015 to December 2016; notes that local prosecutors have consistently refused to open investigations into the reported killings; recalls that the Turkish Government has a responsibility to protect all people living on its territory, irrespective of their ethnic and cultural origin, religion or beliefs; is convinced that only a fair political settlement of the Kurdish question can bring sustainable stability and prosperity both to the area and to Turkey as a whole; notes that a series of laws have created an atmosphere of ‘systematic impunity’ for the security forces; regrets the decision of the Turkish Parliament to waive the immunity of a large number of MPs unconstitutionally, paving the way for the arrests of opposition politicians;
Amendment 220 #
2016/2308(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the deepening ofNotes that there has not been much progress in the EU- Turkey relations in key areas of joint interest, such as counter-terrorism, migration, energy, the economy and trade; believes EU-Turkey coopbelieves EU- Turkey cooperation in key areas can be an investment in the stability and prosperity of both Turkey and the EU; insists that the Turkish government has to revise in line with Internation in these areas to be an investment in the stability and prosperity of both Turkey and the EUal and European Law the legal framework as regards organised crime and terrorism in order to ensure the freedom and fundamental rights, notably the right to fair trial and freedom of expression, of assembly and association in practice;
Amendment 237 #
2016/2308(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that strengthening trade relations could bring concrete benefits to citizens in Turkey and the EU, and therefore supports the Commission’s proposal to start negotiations on the upgrading of the Customs Union; reiterates that the EU is Turkey’s main trading partner and tha can be contemplated provided that Turkey proceeds first two thirds of Foreign Direct Investment (FDI) in Turkey comes from EU Member States; ce full and indiscriminate implementation of its obligationsi ders the involvement of social partners in negotiations as crucialiving from the current Customs Union Agreement between EU- Turkey; calls on the Commission to include political benchmarks on human rights and fundamental freedoms inonce the negotiations for the upgraded Customs Union begin;
Amendment 250 #
2016/2308(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Deplores Turkey´s refusal to fulfil its obligation of full, non-discriminatory implementation of the Additional Protocol to the EC-Turkey Association Agreement vis-à-vis all member states, the Republic of Cyprus in particular; reiterates that Turkey's refusal to normalize its relations with all EU Member States has started having a negative impact on its relations with the EU, including its accession process;
Amendment 263 #
2016/2308(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that visa liberalisation is important for the Turkish population and will enhance people-to-people contacts; encourages the Turkish Government to comply with the final outstanding criteria, including revision of its anti-terrorism legislation and to fully and in a non- discriminatory manner meet all the criteria identified in the visa liberalisation roadmap towards all Member States;
Amendment 293 #
2016/2308(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Condemns in the strongest terms all terrorist attacks carried out in Turkey, and stands firmly by Turkey’s population in our joint fight against terrorism; welcomes the close bilateral relations between EU Member States and Turkey in the field of anti-terrorism cooperation, including on ‘foreign fighters’; reiterates its condemnation of the return to violence by the Kurdistan Workers’ Party (PKK), which has been on the EU’sstresses that the inclusion of PKK on the EU's list of terrorist organisations is standing in the way of the establishment of peace, dialogue and negotiations, at the same time that facilitates the infringement of human rights; calls therefore on the Council to revise the list and remove the PKK from the list of terrorist organisations since 2002; inv; calls on the Turkish authorities the Member States to enforce legislation banning the use of signs and symbols of organisations which are on that listo restart talks with PKK leaders for a peaceful solution for the Kurdish question; and to end the confinement of Abdullah Ocalan in prison;
Amendment 334 #
2016/2308(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls upon the Turkish Government to halt its plans for the construction of the Akkuyuy nuclear power plant; points out that the envisaged site is located in a region prone to severe earthquakes, hence posing a major threat not only to Turkey but to the Mediterranean region; accordingly, requests that the Turkish Government join the Espoo Convention, which commits parties to notifying and consulting each other on major projects under consideration that are likely to have a significant adverse environmental impact across boundaries; to this end, asks the Turkish Government to involve, or at least consult, the governments of its neighbouring countries, such as Greece and Cyprus, during any further developments in the Akkuyu venture;
Amendment 372 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on Turkey to immediately withdraw its troops from Cyprus and to transfer Varosha to its lawful inhabitants in accordance with UNSC Resolution 550(1984);
Amendment 375 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on Turkey to sign and ratify the United Nations Convention on the Law of the Sea (UNCLOS), which has been signed and ratified by the EU, the 28 Member States and all other candidate countries and forms part of the acquis in line with December 2015 Council Conclusions and other relevant Council Conclusions; also condemns all the provoking actions of Turkey within the EEZ of the Republic of Cyprus which are a source of instability and calls on Turkey to terminate them; it recalls that Ankara must respect the sovereign rights of all EU Member States and to refrain from any action damaging good neighbourly relations while at the same time respecting the principle of peaceful settlement of disputes;
Amendment 384 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Deplores Turkey's policy of illegal settlement and calls on Turkey to refrain from further settlement of Turkish citizens in the occupied areas of Cyprus, which is contrary to the Geneva Convention and the principles of international law; urges Turkey to revoke relevant threats and terminate all actions aiming to alter the demographic balance on the island thus impeding a future solution;
Amendment 2 #
2016/2251(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 11 TFEU stipulates that environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development;
Amendment 4 #
2016/2251(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Article 191(1) TFEU states that Union policy on the environment shall contribute to pursuit of objectives, such as protecting and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems;
Amendment 5 #
2016/2251(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Article 191(2) TFEU stipulates that Union policy on the environment shall aim at a high level of protection and ishall be based on the ‘polluter pays’ principleprecautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay;
Amendment 10 #
2016/2251(INI)
Motion for a resolution
Recital F
Recital F
F. whereas new scientific findings show that pollution from industrial activities can affect the environment as well as human body in hitherto unsuspected ways and that this endangers human health, sustainability, biological and bio- evolutionary balances;
Amendment 11 #
2016/2251(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas many Member States have made progress towards effectively achieving the main objectives of preventing and remedying environmental damage, however, in a few Member States the enforcement of the ELD remains insufficient;
Amendment 17 #
2016/2251(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the ability of the ELD in achieving a high level of environmental protection and in preventing and remedying environmental damage in the EU is hampered by significant lack of clarity and uniform application of key concepts, and underdeveloped capacities and expertise;
Amendment 20 #
2016/2251(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that the different interpretations and application of the ‘significance threshold’ for environmental damage are one of the main barriers to an effective and uniform application of the ELD, while precise data on administrative costs for public authorities, including data on the application of complementary and compensatory remediation, are limited, quite divergent, and for business not available at all;
Amendment 21 #
2016/2251(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the fact that under ELD, incidents are defined as “serious” only if they give rise to deaths or serious injuries, with no reference to the consequences for the environment; highlights therefore that even if it does not give rise to deaths or serious injuries, an incident may have a serious impact on the environment, by virtue of its scale or because it affects, for example, protected areas, protected species or particularly vulnerable habitats;
Amendment 26 #
2016/2251(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that problems persist regarding the application of the directive to large-scale accidents and the insolvency of economic operators responsible for damage, especially when it is not possible to identify the liable polluter and/or the polluter becomes insolvent or bankrupt;
Amendment 29 #
2016/2251(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Emphasises that compensatory regimes must be able to address transboundary claims effectively, rapidly, within a reasonable timeframe and without discrimination between claimants from different European Economic Area countries; recommends that they should cover both primary and secondary damage caused in all the affected areas, given that such incidents affect wider areas and may have a long-term impact; stresses the need especially for neighbouring countries, which are not members of the European Economic Area, to respect international law regarding the environmental protection and liability;
Amendment 48 #
2016/2251(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the establishment of a European fund for the protection of the environment from damage caused by industrial activity governed by the ELD17 , for insolvency risks and only in cases where financial security markets fail; the same should apply in cases of large scale accidents, when it is impossible to trace the operator responsible for the damage; __________________ 17 As regards this option please refer to the document published by the Commission on 17 April 2013 entitled ‘Study to explore the feasibility of creating a fund to cover environmental liability and losses occurring from industrial accidents’.
Amendment 67 #
2016/2251(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses the importance of a culture of environmental damage prevention, through a systematic information campaign in which Member States should ensure that potential polluters and potential victims are informed of the risks to which they are exposed, of the availability of insurance or other financial and legal means that could protect them from those risks and of the benefits they could gain from them;
Amendment 68 #
2016/2251(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Considers that all cases of proven liability, as well as the details of penalties applied, should be made public in order to make the true cost of environmental damage transparent to all;
Amendment 22 #
2016/2237(INL)
Motion for a resolution
Recital C
Recital C
C. whereas in some Member States specific legal forms have been created either by adapting the cooperative, mutual, association or foundation model or though the introduction of legal forms that recognise the social commitment taken on by a plurality of entities and that include some features specific for social enterprises; whereas in other Member States social enterprises operate using pre- existing legal forms, including legal forms used by mainstream SMEs, such as the limited liability company;
Amendment 36 #
2016/2237(INL)
Motion for a resolution
Recital G
Recital G
G. whereas notwithstanding the above it is possible to derive from national experiences at Member State level some distinctive features and criteria that a social enterprise should fulfil, regardless of the legal form it adopts, if it is to be considered as such type of enterprise; whereas it seems desirable to establish at Union level those features and criteria in the form of minimum standards with a view to creating a consistent legal framework for such enterprises and to ensure that all social enterprises have a common identity regardless of the Member State of incorporation; whereas such institutional features should help to maintain social enterprise advantage over alternative ways of organising the production of services, including social services;
Amendment 60 #
2016/2237(INL)
Motion for a resolution
Recital O
Recital O
O. whereas social enterprises should conduct a socially useful activity; whereas they may be active in a wide spectrum of activities; whereas social enterprises have typically engaged in the delivery of social services, including social services and work integration services, which enhance people´s living conditions, in particular for disadvantaged groups; whereas a common trend in national legislation has been to enlarge the range of activities in which social enterprises are entitled to engage, provided that they are of general interest and/or have a social utility, such as the provision of community services, including the educational, cultural, health, and environmental fields; whereas these socially useful activities may be determined by law ex ante in a list or through a general clause;
Amendment 67 #
2016/2237(INL)
Motion for a resolution
Recital P
Recital P
P. whereas social enterprises are generally associated with social innovation, as a result of the expansion of social enterprise activity in new fields of production of goods or of delivery of services, including environmental, cultural, health and recreational services, and/or the introduction of innovative production or work organisation methods;
Amendment 79 #
2016/2237(INL)
Motion for a resolution
Recital S
Recital S
S. whereas social enterprises should be ruled following democratic governance models involving the persons affected by the activity, using the principle "one person one vote"; whereas this participatory model represents a structural procedure to control the actual pursuit of the organisation's social goals; whereas members’ power in decision-making should not be based only or primarily on any capital stake they may hold, even when the model adopted by the social enterprise is that of a commercial company;
Amendment 3 #
2016/2224(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas whistle-blowers played and are still playing an important role in cases such Lux Leaks, Swiss Leaks, Wiki Leaks and Panama Papers revelations, thus contributing to increased reforms to combat financial tax fraud, money laundering, intransparency and corruption, which infringe fundamental rights and hamper social, economic development and the rule of law;
Amendment 5 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contextTakes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, however, the results they deliver are not satisfactory across the EU and their capacity and efficiency should be improved; calls, therefore, on the Member States to enforce anti-corruption rules and, at the same time, to properly implement European and international standards and guidelines concerning whistle-blowers' protection in their national laws; insists that whistle-blowers play an essential role in helping Member States and EU institutions and bodies to deter and prevent any breaches of the principle of integrity and misuse of power that threaten public health and safety, financial integrity, human rights, the environment and the rule of law at European and national levels, and undermine the trust of citizens in democratic institutions and processes; notes that whistle-blowers often disclose scandals affecting several Member States; stresses, however, therefore that existing cultural differences do not detract from the need for legal protection of whistle-blowers in Member States;
Amendment 6 #
2016/2224(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas whistleblowing, based on the principles of transparency and integrity, is an essential source of information in the fight against crime and in the investigation of corruption in the public and private sector; whereas whistle-blowers play an essential role in helping Member State and EU institutions and bodies prevent and tackle, among others, any breaches of the principle of integrity and misuse of power that threaten or violate public health and safety, financial integrity, the economy, human rights, the environment or the rule of law at EU and national levels, or the raise of unemployment, restrict or distort fair competition and undermine the trust of citizens in democratic institutions and processes;
Amendment 7 #
2016/2224(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard on the resolution 1729 (2010) of the Parliamentary Assembly of the Council of Europe on the protection of whistle-blowers,
Amendment 8 #
2016/2224(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
– having regard on the resolution 2060 (2015) of the Parliamentary Assembly of the Council of Europe on improving the protection of whistle- blowers,
Amendment 9 #
2016/2224(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
– having regard to its resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union (2015/2010(INL)),
Amendment 9 #
2016/2224(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas the protection of whistle- blowers is essential for safeguarding the public good of the EU and Member States and for promoting the democratic quality of, and the trust in, public and private institutions, as well as for contributing decisively to a culture of public accountability and integrity in public and private institutions;
Amendment 10 #
2016/2224(INI)
Motion for a resolution
Citation 12
Citation 12
Amendment 12 #
2016/2224(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions,
Amendment 12 #
2016/2224(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the protection of whistle- blowers has been recognised by all major international instruments concerning corruption and whistleblowing standards have been set out by the UN Convention against Corruption (UNCAC), Council of Europe Recommendation CM/Rec(2014)7 and the 2009 OECD Anti-Bribery Recommendation; whereas most EU Member States have ratified the UN Convention against Corruption, which makes it obligatory to provide appropriate and effective protection to whistle- blowers;
Amendment 13 #
2016/2224(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the report of the Committee on Budgetary Control on the role of whistle-blowers in the protection of EU's financial interests (2016/2055(INI)),
Amendment 13 #
2016/2224(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
A e. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU, provided that the purpose of their action is to protect the public interest by acting in good faith in accordance with the jurisprudence of the European Court of Human Rights;
Amendment 14 #
2016/2224(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
A f. whereas there is a need to ensure that any kind of retaliation against whistle-blowers will be suitably punished, as according to the OECD more than one third of organisations with reporting mechanism do not have or do not know of, a written policy on protecting those who report from reprisals;
Amendment 15 #
2016/2224(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
A g. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, with the possible consequence that whistle-blowers might encounter disciplinary actions for reporting outside their organisation;
Amendment 16 #
2016/2224(INI)
Draft opinion
Recital A h (new)
Recital A h (new)
A h. whereas the protection of whistle- blowers in the EU has become even more urgent, as the Trade Secrets Directive limits the rights of whistle-blowers and may thus have a discouraging effect on those who want to report irregularities, especially in the context of Union funding from which individual companies have benefitted;
Amendment 17 #
2016/2224(INI)
Draft opinion
Recital A i (new)
Recital A i (new)
A i. whereas the office of the European Ombudsman has a clear competence in relation to the investigation of complaints of EU citizens about maladministration in the EU institutions, but in itself plays no role in the protection of whistle-blowers;
Amendment 18 #
2016/2224(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas all the EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle-blowers who are officials of the EU institutions, in accordance with Articles 22a, 22b and 22c of the Staff Regulations;
Amendment 19 #
2016/2224(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas reporting by whistle- blowers of information that could threaten or harm the public interest is done on the basis of their freedom of expression and information, both enshrined in the EU Chapter of Fundamental Rights, and with a strong sense of responsibility and civic morality;
Amendment 19 #
2016/2224(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. whereas protection of whistle- blowers at Member States level has neither been implemented in all Member States, nor harmonised, it may be risky for whistle-blowers to provide institutions such as the European Parliament with information on irregularities, as they are afraid of what might happen to them owing to the lack of protection;
Amendment 20 #
2016/2224(INI)
Motion for a resolution
Recital C
Recital C
C. whereas whistle-blowers play an important role in reporting unlawful or improper conduct which undermines or endangers the public interest; whereas by doing so they help significant Member States and EU institutions and bodies to prevent and tackle, among others, any breaches of the principle integrity and misuse of power that threaten or violate public health and safety, financial integrity, the economy, human rights, the environment or the rule of law, the raise of unemployment, restrict or distort fair competition and undermine the trust of citizens in democratic institutions and processes at EU law and national levels;
Amendment 20 #
2016/2224(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. whereas it is vital for a horizontal legal framework to be established as a matter of urgency, which by laying down rights and obligations, protects whistle- blowers throughout the EU, as well as in the EU institutions
Amendment 21 #
2016/2224(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. Regrets that the Commission has so far failed to submit any legislative proposals aimed at establishing a minimum level of protection for whistle- blowers; urges therefore the Commission to immediately submit a legislative proposal establishing an effective and comprehensive whistle-blower protection programme which includes such mechanisms for companies, public bodies and non-profit organisations, with a view affording effective and equivalent protection in the Member States and in all the Union's institutions, bodies, offices and agencies;
Amendment 22 #
2016/2224(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Notes that only a few Member States have introduced sufficiently advanced whistle-blower protection systems; calls on those Member States which have not yet adopted the principles to protect whistle-blowers in national law, to do so as soon as possible;
Amendment 23 #
2016/2224(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Underlines that both the whistle- blowers and the private or public body or institution involved should ensure the legal protection of rights guaranteed by the EU Charter of Fundamental Rights and by national legal provisions;
Amendment 24 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities are afforded proper protection, both of their physical and moral integrity and their livelihoods, by being granted the highest possible level of confidentiality; calls therefore on the Commission to ensure that all whistle- blowers, as well as people who assist them, e.g. defence witnesses, pursue a valid claim in court, have access to independent legal advice of their own choice, social, financial and psychological support, as well as relief measures, as appropriate;
Amendment 25 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. ReaffirmsObserves that, in the case of whistle-blowers, there is no bilateral conflict between the whistle-blower and the business or authority but polygonal differences of interests, including in some cases across national borders, and that, while efforts should be made to weigh up the entitlement of businesses or authorities to have information kept secret and to expect loyalty, what is at stake is the provision of information in the public interest; reaffirms therefore the need for public and private organisations in the Member States to establish internal and external whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures; considers that, in this context, the legislature should in advance provide a structure for selecting the whistle-blowing procedure, in order to guarantee comprehensive protection of freedom of expression in accordance with Article 10 of the ECHR;
Amendment 29 #
2016/2224(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the safeguarding of confidentiality contributes to the creation of more effective channels for reporting fraud, corruption or other infringements, and whereas given the sensitivity of the information mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union and the Member States;
Amendment 31 #
2016/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that, owing to significant gaps in the protection of whistle-blowers against retaliation, the obligation to use internal reporting channels can be risky and act as a deterrent, restricting both freedom of expression and the public’s right to access information; stresses that internal reporting procedures shouldmust not act as a tool for prohibiting the act of informing the wider public of illegal activities and activities that severely harm the public interest; stresses that this must apply equally to the use of external whistle-blowing procedures and that accordingly, as laid down in Article 5 of ILO Convention 158 of 22 June 1982, the filing of a complaint, participation in proceedings against an employer or provision of information to a competent authority do not constitute valid reasons for termination of employment;
Amendment 31 #
2016/2224(INI)
Motion for a resolution
Recital E
Recital E
E. whereas whistleblowing, based on the principles of transparency and integrity, has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection, combating corruption and upholding social rights in the public and private sector;
Amendment 36 #
2016/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that whistle-blowing is linked toessential for freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle-blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively protected and that authorities refrain from using surveillance in order to ascertain their sources.; observes in this context that the European Court of Human Rights has held, in its case-law, that protection of journalists' sources is not a privilege but a vital component of a free press.1a _________________ 1a European Court of Human Rights, judgment of 27.11.2007, 20477/05, Tillack v Belgium
Amendment 38 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to look at thestudy best practices employed in protecting whistle-blowers around the world and, on that basis, to take a holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors; reiterates its call for proposals to be submitted by the end of 2017;
Amendment 39 #
2016/2224(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU, provided that the purpose of their action is to protect the public interest by acting in good faith and on reasonable grounds in accordance with the CFREU and the jurisprudence of the European Court of Human Rights;
Amendment 41 #
2016/2224(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas it is essential to ensure that any kind of retaliation against whistle-blowers will be suitably punished;
Amendment 42 #
2016/2224(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 42 #
2016/2224(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas the protection of whistle- blowers in the EU has become even more urgent and essential, as for instance the Trade Secrets Directive limits their rights and may thus have a discouraging effect on those who want to report irregularities in crucial areas, which may affect negatively public interests;
Amendment 45 #
2016/2224(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the protection of whistleblowers is not guaranteed in a number of Member States, while many others have introduced advanced programmes to protect them; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity, especially in cross-border scenarios;
Amendment 48 #
2016/2224(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the office of the European Ombudsman has a clear competence in relation to the investigation of complaints of EU citizens about maladministration in the EU institutions, but in itself plays no role in the protection of whistle-blowers;
Amendment 50 #
2016/2224(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, with the possible consequence that whistle-blowers might encounter disciplinary actions for reporting outside of their working relationship;
Amendment 52 #
2016/2224(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas according to a study of OECD more than one third of organisations with reporting mechanism do not have or do not know of a written policy on protecting whistle-blowers from reprisals;
Amendment 53 #
2016/2224(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission has not proposed suitable legislative measures to protect whistle-blowers in the EU effectively; whereas, however, the Commission stated, for instance, in its communication of 5 July 2016, that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, which deprives European tax authorities of legitimate tax revenue;
Amendment 57 #
2016/2224(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas all EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle-blowers, who are officials of EU institutions, in accordance with articles 22a, 22b and 22c of the Staff Regulations;
Amendment 57 #
2016/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States and EU institutions, in cooperation with all relevant authorities, to introduce and take all necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats, as well as to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up.;
Amendment 59 #
2016/2224(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas protection of whistle- blowers at Member States level has neither been implemented in all Member States, nor harmonised, it may be risky for whistle-blowers to provide institutions such as the European Parliament with information on irregularities; as they are afraid of what might happen to them owing to the lack of protection;
Amendment 62 #
2016/2224(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas it is vital for a horizontal, comprehensive framework to be established as a matter of urgency, which by laying down rights and obligations, protects effectively whistle-blowers throughout the Member States of the EU, as well as in the EU institutions, authorities and organisations;
Amendment 62 #
2016/2224(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need to establish an independent information-gathering, and referral EU body, with offices in all Member States, which should be in position to receive reports of irregularities in private or public sector, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle-blowers in using the right channels to disclose their information on possible irregularities, while protecting their confidentiality and offering needed support and advice; considers it necessary that the work of this body would be primarily based at first stage on reliable verification of the information received;
Amendment 63 #
2016/2224(INI)
Motion for a resolution
Paragraph –1 (new)
Paragraph –1 (new)
-1. Calls on the Commission to study and promote best practices employed in protecting whistle-blowers around the world and, on the basis, to take a holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors;
Amendment 65 #
2016/2224(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to present before the end of this year a horizontal legislative proposal with a view to effectively protecting whistleblowers in the EU before the eestablishing an effective and comprehensive whistle- blower protection programme, which should also include such mechanisms for companies, public bodies, national and European institutions, and non-profit organisations, with a view affording effective and equivalent protection in the Member States and ofin this yeare EU institutions, bodies, offices and agencies; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a coherent and effective mechanism;
Amendment 66 #
2016/2224(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Urges the Member States and the EU institutions to raise awareness of the serious concerns of defenceless whistle- blowers; recommends, particularly the Commission, to provide a comprehensive plan on this issue; calls in this context for a website to be launched where information on the protection of whistle- blowers should be provided, as well as complaints can be submitted; stresses that this website should be easy accessible to the public and should keep their data anonymous;
Amendment 67 #
2016/2224(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recommends the establishment of a special unit with a reporting line as well as dedicated facilities (e.g. hotlines, websites, contact points) within European Parliament and within each national Parliament of the Member States for receiving relevant information from whistle-blowers, which will also provide them with advice and help in protecting them against any possible retaliatory;
Amendment 68 #
2016/2224(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Calls for the Commission to provide a clear legal framework that guarantees that whistle-blowers exposing irregularities, unlawful or unethical activities are fully protected from all forms of retaliation; urges the Member States to refrain from criminalizing the actions of whistle-blowers in disclosing information about illegal activities or irregularities harmful to some interests of public or private sector;
Amendment 69 #
2016/2224(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Calls on the Commission to carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; maintains that the results of the public consultation will present a valuable input for the Commission regarding a possible proposal on the protection of whistle-blowers in the future;
Amendment 70 #
2016/2224(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Encourages the Member States to develop data, benchmarks and indicators on whistle-blower policies in both the public and private sector;
Amendment 71 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the need for legal certainty regarding the protective provisions afforded to whistle-blowers, as a continued lack of clarity and a fragmented approach deters potential whistle-blowers from coming forward; points out therefore that relevant EU legislation should establish a clear procedure for properly handling disclosures and effectively protecting whistle-blowers;
Amendment 71 #
2016/2224(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Underlines the importance of guaranteeing that whistle-blowers can report infringements in confidential way and that their anonymity is properly and fully safeguarded, also in the digital environment;
Amendment 72 #
2016/2224(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Calls on all EU institutions to address the Ombudsman's own initiative report of 24 July 2014, in compliance with Article 22(c) of the new Staff Regulation, inviting all EU bodies to adopt ethical alert mechanisms and whistle-blowing legal frameworks directly based on the internal rules of the Ombudsman's office; reiterates its determination to do so;
Amendment 73 #
2016/2224(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Calls on the Member States and the Commission to draw up a strict legal framework which will enable businesses to establish internal whistle-blower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with social legislation and the law protecting personal data;
Amendment 74 #
2016/2224(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Highlights the need for legal certainty regarding the protective provisions afforded to whistle-blowers, as a continued lack of clarity and a fragmented approach deters potential whistle-blowers from coming forward, and is detrimental to their employers; points out therefore that relevant EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow through on the actions taken by whistle- blowers.
Amendment 75 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that protection of whistle- blowers should be harmonised at EU level; suggests that a clear horizontal EU legal framework providing effective protection of whistle-blowers in the public and private sectors and properly complemented, where needed, by sectorial rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistleblowers; highlights that this framework should include, among others, concrete definitions, effective protection measures against any forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;
Amendment 76 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Is of the opinion that any measures taken for the protection of whistle-blowers should be tailored to fit national contexts, as implementing an identical protection mechanism in all Member States may result in dysfunctional behaviour and needless costs; stresses, however, that existing cultural differences should not detract from the need for effective legal protection of whistle-blowers;
Amendment 77 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Regrets that the Commission has so far failed to submit any legislative proposals aimed at establishing at least a minimum level of protection for whistle- blowers;
Amendment 78 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Deplores that only a few Member States have introduced sufficiently advanced whistle-blower protection systems; calls on those Member States which have not yet adopted such systems or relevant principles in national law, to do so as soon as possible;
Amendment 79 #
2016/2224(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 88 #
2016/2224(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, criminal offences, breaches of legal obligation, miscarriages of justice, abuse of authority, unlawful use of public funds, misuse of powers, threats to the environment, health, public safety, nationthe rule of law, national and global security, ands well as privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights; and acts to cover up any of these breaches;
Amendment 102 #
2016/2224(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. SHighlights that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently harm or threaten the public interest; stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistle-blowers have proved to be a crucial resource for investigative journalism and for an independent press; calls on the Member States to ensure that the right of journalists not to reveal a source's identity is effectively protected and that authorities or individuals refrain from using surveillance in order to ascertain their sources;
Amendment 108 #
2016/2224(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that whistle- blowers continue to be subject to civil and criminal proceedings in a number of Member States, while the existing means to defend, support and protect them are absent or ineffective; notes that, in addition, the disparities between Member States lead to legal insecurity and the risk of unequal treatment; underlines that especially whistle-blowers, who serve in crucial areas for public interests, e.g. military, police, judicial, intelligence, bank staff, are often prosecuted particularly acutely; they should therefore enjoy sufficient and appropriate protection;
Amendment 115 #
2016/2224(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Member StateConsiders that the implementation of comprehensive legal regulations on the protection of whistle-blowers encourages a speak-up culture and that whistle-blowers should be promoted as an act of good citizenship; urges therefore the Member States and the EU institutions to promote the positive role that whistle-blowers play, in particular through awareness-raising campaignas well the serious concerns regarding their often vulnerable and defenceless position, in particular through awareness-raising and protection campaigns, communication and training efforts; recommends, particularly the Commission, to provide a comprehensive plan on this issue; calls in this context for a website to be launched where useful information on the protection of whistle- blowers should be provided, as well as complaints can be submitted; stresses that this website should be easily accessible to the public and should keep their data anonymous;
Amendment 117 #
2016/2224(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that wide consultation can be an important step in a public awareness campaign to tackle negative perceptions of whistleblowers; suggests therefore that such perceptions should be tackled by providing strong protection for voluntary, open and confidential disclosures, by legally recognising and protecting a plurality of channels for disclosing information in private and public domain, by focusing also on information that prevents harm and is in the public interest, rather than solely on reports of individual misconduct;
Amendment 119 #
2016/2224(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recommends the establishment of a special unit with a reporting line as well as dedicated facilities (e.g. relevant hotlines, helplines, websites, contact points) within European Parliament and within each national Parliament of the Member States for receiving relevant information from whistle-blowers, which will also provide them with advice and help in protecting them against any possible retaliatory;
Amendment 122 #
2016/2224(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified and safe means of reporting; stresses that the absence of clearly identified and safe means of reporting causes a number of whistle- blowers to remain silent; expresses its concern about the retaliation and pressures which whistle-blowers face when they address the guilty person or party in their organisation;
Amendment 135 #
2016/2224(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistle-blower should give priority to the organisation’s internal reporting mechanisms or to the competent authorities; calls therefore on Member States and EU institutions to draw up a comprehensive legal framework which will enable businesses to establish internal whistle-blower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with fundamental rights legislation and the law protecting personal data; stresses, however, that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, she or she must be able to turn to non-governmental organisations or the press;
Amendment 141 #
2016/2224(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Takes the view that an employer should not be able to rely on a person's legal or contractual obligations in order to prevent that person from making a public interest report or disclosure or to penalise her or him for having done so;
Amendment 146 #
2016/2224(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns about the risks, such discrimination, hostility or exclusion, run by whistle-blowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities with a dampening effect on those who may come across wrongdoing; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistle- blower, the measures taken against him or her should be brought to an end; er or him should be brought to an end; notes that such retaliation is particularly severe for whistle-blowers who serve in crucial areas for public interests, such as police, military, intelligence staff, that are subject to special discipline applied by the hierarchy of their corps within its ordinary functioning; the whistle-blower should receive therefore full compensation for the financial, social, moral and psychological damage incurred, such as lost earnings and status, as well as pain and suffering;
Amendment 154 #
2016/2224(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recommends that in legal proceedings relating to a detriment suffered by a whistle-blower, and subject to her or him providing reasonable grounds to believe that the detriment was in retaliation for having made a report or disclosure of unlawful wrongdoings or irregularities, it should be for the employer to establish that the detriment was not so motivated;
Amendment 159 #
2016/2224(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Suggests that interim relief pending the outcome of civil proceedings should be available for persons who have been the victim of retaliation for having made a public interest report or disclosure, particularly in cases of loss of employment;
Amendment 170 #
2016/2224(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Emphasises the importance that whistle-blowers, as well as people who assist them in disclosing information on a threat or harm to the public interest, e.g. relatives, colleagues, defence witnesses, are afforded proper and effective protection of their physical, moral and social integrity and their livelihoods, by being granted the highest possible level of confidentiality; suggests therefore that proper measures are required to protect whistle-blowers and any other individuals affected by a disclosure of such information;
Amendment 175 #
2016/2224(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the option to report infringements anonymously would encourage whistle-blowers to share information in confidential way, which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting infringements anonymously should be introduced; underlines that these means should fully and properly safeguard the anonymity of whistle- blowers, also in the digital environment;
Amendment 178 #
2016/2224(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable grounds to believe them to be true; recalls that in the event of false accusations, those responsible should be held accountable;
Amendment 186 #
2016/2224(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls the importance of devising instruments to ban any form of retaliation, whether this is passive dismissal or passive measures; urges the Member States to refrain from criminalizing the actions of whistle- blowers in disclosing information on unlawful or wrongful acts or acts which undermine or endanger the public interest;
Amendment 189 #
2016/2224(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the role that trade unions, civil and social organisations play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 192 #
2016/2224(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in addition to the professional risks, whistle-blowers, as well as people who assist them in disclosing such information, also face personal, psychological, social and financial risks; believes that psychological support should be provided, that legal aidspecialized legal aid of their own choice should be given to whistle-blowers who ask for it, that social and financial aid should be given to those who express a duly justified need for it and that compensation for proven professional damages should be given as a protective measure if civijudicial proceedings are brought against a whistle-blower;
Amendment 197 #
2016/2224(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on Member States and EU institutions, in cooperation with all relevant authorities, to introduce and take all possible necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats, as well as to establish transparent channels for information disclosure, to set up independent national and EU authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls also for the establishment of a centralised European authority for the effective protection of whistle-blowers and people who assist their acts based on the model of national privacy watchdogs;
Amendment 200 #
2016/2224(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls more concretely on the Member States to introduceestablish an independent body responsible for collecting reports,protection, information-gathering and referral EU body responsible also for verifying their credibility of gathered information and guiding whistle-blowers, particularly in the absence of a positive response from their organisation; this EU body should operate offices in all Member States which should be in position to receive relevant information in public and private sector; underlines that it should have sufficient budgetary resources, adequate competences and appropriate specialist, in order to help internal and external whistle-blowers in using the right channels to disclose their information on possible irregularities, while protecting their confidentiality and offering needed support and advice; considers it necessary that the work of this body would be primarily based at first stage on reliable verification of the information received;
Amendment 207 #
2016/2224(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that consideration should be given to making access to information and confidential advice free of charge for individuals contemplating making a public interest report or disclosure on unlawful or wrongful acts which undermine or endanger the public interest; notes that structures able to provide such information and advice should be identified and their details made available to the general public;
Amendment 214 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; maintains that the results of the public consultation will present a valuable input for the Commission regarding a possible proposal on the effective protection of whistle-blowers in the future;
Amendment 219 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Encourages the Member States to develop data, benchmarks and indicators on whistle-blower policies in public and private sector;
Amendment 220 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Calls on all EU institutions to address the Ombudsman's own initiative report of 24 July in 2014, in compliance with Article 22(c) of the new Staff Regulation, inviting all EU bodies to adopt ethical alert mechanisms and whistle-blowing legal frameworks directly bases on the internal rules of the Ombudsman's office; reiterates its determination to do so;
Amendment 2 #
2016/2154(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the 2015 statistics for the three courts, which make up the Court of Justice confirm the trend seen in recent years as regards the average duration of proceedings, which remains very satisfactory [Court of Justice: 15.3 months for requests for a preliminary ruling (15 months in 2014), 1.9 months for urgent requests for a preliminary ruling (2.2 months in 2014), 17.6 months for direct actions (20 months in 2014) and 14 months for appeals (14.5 months in 2014); General Court and Civil Service Tribunal: respectively 20.6 months (23.4 months in 2014) and 12.1 months (12.7 months in 2014) for all types of case], which makes it clear that the reform of the Court was unnecessary;
Amendment 5 #
2016/2154(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that a management approach, through, among other things, the creation of productivity incentives for judges, personnel and parties, would allow the Court of Justice to deal even better with the present backlog while minimizing the costs;
Amendment 11 #
2016/2154(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the success of the ‘e- Curia’ application for the electronic and free-of-charge lodging and service of court documents, as demonstrated by the growing numbers of access accounts for the application (2914 in 2015, as against 2230 in 2014) and Member States using it (26 in 2015, as against 25 in 2014); highlights the need to raise the public's awareness of the existence and the advantages of this application;
Amendment 80 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 6 – paragraph 1
Rule 6 – paragraph 1
Amendment 81 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 7 – paragraph 2
Rule 7 – paragraph 2
2. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on individual rights, such as the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties, or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.
Amendment 876 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 4 – paragraph 4 – subparagraph 2
Rule 4 – paragraph 4 – subparagraph 2
Where the competent authorities of the Member States ornotify the President of the Unionend orf the Member concerned notify the President of an appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning ofterm of office of a Member of the European Parliament as a result either of an additional incompatibility established by the law of that Member State in accordance with Article 7(1) or (23) of the Act of 20 September 1976, the President shall inform Parliament, which shall establish that there is a vacancy or of the withdrawal of the Member's mandate pursuant to Article 13(3) of that Act, the President shall inform Parliament that the term of office of that Member ended on the date communicated by the Member State. Where no such date is communicated, the date of the end of the term of office shall be the date of the notification by that Member State.
Amendment 882 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 3
Rule 9 – paragraph 3
3. The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of privileges and immunities. No amendments may be tabled to such a proposal. If the proposal is rejected, a contrary decision shall be deemed to have been adopted.
Amendment 886 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 8 – subparagraph 1
Rule 9 – paragraph 8 – subparagraph 1
The committee's reportproposal for a decision shall be placed at the head ofon the agenda of the first sitting following the day on which it was tabled. No amendments may be tabled to thesuch a proposal(s) for a decision.
Amendment 960 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 39 – paragraph 4
Rule 39 – paragraph 4
4. IWhere appropriate, after exchanging views with the Council and the Commission in accordance with the arrangements agreed at interinstitutional level1a, if the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Without prejudice to Rule 63, Parliament shall vote on this before voting on the substance of the proposal. __________________ 1aInterinstitutional Agreement of 13 April 2016 on Better-Law Making, paragraph 25 (OJ L 123, 12.5.2016, p. 1)
Amendment 961 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 42 – paragraph 2 – subparagraph 1 a (new)
Rule 42 – paragraph 2 – subparagraph 1 a (new)
Where the committee responsible for the subject-matter is of the opinion that a proposal for a legislative act, or parts of it, does not comply with the principle of subsidiarity, it shall request the opinion of the committee responsible for respect of the principle of subsidiarity. Such request shall be made no later than four weeks of the announcement in Parliament of referral to the committee responsible for the subject-matter.
Amendment 982 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 1
Rule 63 – paragraph 1 – indent 1
– where the Commission withdrawsreplaces, substantially amends or intends substantially to amend its initial proposal after Parliament has adopted its position, in order to replace it with another text, except where this is done in order to take account of Parliament's position; orif the Commission intends to modify the legal basis provided for in its initial proposal, with the result that the ordinary legislative procedure would no longer apply, the President may also act at the request of the committee responsible for legal affairs;
Amendment 983 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 2
Rule 63 – paragraph 1 – indent 2
Amendment 984 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 3
Rule 63 – paragraph 1 – indent 3
– where, through the passage of time or changes in circumstances, the nature of the problem with which the proposal is concerned substantially changes; or
Amendment 985 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 2
Rule 63 – paragraph 2
2. ParliamThe President shall, at the request of the committee responsible, ask the Council to refer again to Parliament a proposal submitted by the Commission pursuant to Article 294 of the Treaty on the Functioning of the European Unio for the subject-matter or the committee responsible for legal affairs, ask the Council to refer a draft legislative act to Parliament again, where the Council intends to modify the legal basis of the proposalprovided for in Parliament's position at first reading with the result that the ordinary legislative procedure willould no longer apply.
Amendment 1077 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 141 – paragraph 4 a (new)
Rule 141 – paragraph 4 a (new)
4a. In urgent cases, the President, where possible after consulting the Chair and rapporteur of the committee responsible for legal affairs, may take precautionary action in order to comply with the relevant time-limits. In such cases, the procedure provided for in paragraphs 3 or 4 shall, as applicable, be implemented at the earliest opportunity.
Amendment 1078 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 141 – paragraph 4 b (new)
Rule 141 – paragraph 4 b (new)
4b. The committee responsible for legal affairs shall lay down principles for the application of this Rule.
Amendment 30 #
2016/2072(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses therefore that business models are challenged by continuous digital innovation and that the economic value of content is being displaced towards the end of the value chain thereby upsetting the system through which the creative community draws value from content, while facing losses resulting also from piracy and further illicit activities which can cause among others, safety and health concerns, and need to be tackled;
Amendment 44 #
2016/2072(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission, to effectively address the circulation of illegal digital content and to examine the different options, focusing on copyright related contracts, for improving fair remuneration of creators and solutions that would suit right holders and consumers alike, thereby rewarding creativity and innovation while promoting transparency in the copyright value chain in the digital environment, and safeguarding national cultural and linguistic specificities and stimulating economic activity;
Amendment 49 #
2016/2072(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to strengthen the link between the cultural sector, training and CCIs as well as to maximise the potential of SMEs in cultural and creative sectors, and to make culture an element of Europe´s cooperation and development policy;
Amendment 16 #
2016/2066(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that Article 8 of the mediation directive ensures that parties that choose mediation in an attempt to settle a dispute are not subsequently prevented from having their day in court as a result of the time spent in mediation; notes that no particular issue seems to have been raised by Member States in relation to this point;
Amendment 20 #
2016/2066(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Considers that the adoption of codes of conduct constitutes an important tool to ensure the quality of mediation; observes in this regard that the European Code of Conduct for Mediators is either directly used by stakeholders or has inspired national or sectoral codes; also observes that most Member States have obligatory accreditation procedures for mediators and/or run registries of mediators;
Amendment 21 #
2016/2066(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that, despite the voluntary nature of mediation, further steps must be taken to ensure the enforceability of mediated agreements in a quick and affordable manner, with full respect for fundamental rights, as well as Union and national law; recalls in that respect that the domestic enforceability of an agreement reached by the parties in a Union Member State is, as a general rule, subject to homolgation by a public authority, which gives rise to additional costs, is time consuming for the parties to the settlement, and could therefore negatively affect the circulation of foreign mediation settlements, especially in cases of small disputes;
Amendment 2 #
2016/2055(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Maintains that whistle-blowers play an essential role in helping Member State and EU institutions and bodies to deterprevent and tackle any breaches of the principle of integrity and misuse of power that might violatethreaten or violate public health and safety, financial integrity, economy, human rights, the environment and the rule of law at European and national levels, harm the economy and undermine the trust of citizens in democratic institutions and processes;
Amendment 12 #
2016/2055(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that not all EU institutions and bodies have yet adopted the rules to protect whistle-blowers;
Amendment 17 #
2016/2055(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, the capacity and efficiency of which should be improvedhowever, the results they deliver are not satisfactory across the EU and their capacity and efficiency should be improved; calls, therefore, on the Member States to enforce effective anti-corruption rules and, at the same time, to properly implement European and international standards and guidelines concerning whistle-blowers’ protection in their national laws;
Amendment 22 #
2016/2055(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that corruption, in particular in the context of the award of public contracts, makes it easier for organised crime to infiltrate the legal economy; calls, therefore on the Member States to take measures to curb the activities of professionals, banks, civil servants and politicians, who, although not members of criminal organisations, support them at various levels;
Amendment 25 #
2016/2055(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to set up an EU legal framework on the protection of whistle-blowers without undermining Member State competence common legislation to protect whistle- blowers, witnesses and persons who cooperate with the judicial process that includes the establishment of a specific fund aimed at giving protection to the person lodging the complaint, in order to support legal fees, medical bills, psycho- social counselling as a resettlement programme, taking into account that whistleblowing and filling of complaints generally cause the loss of job or deeply worsen the working conditions;
Amendment 39 #
2016/2055(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Finally believes that, in order to avoid any conflicts of interests that could undermine public perception as far as the integrity of the EU Institutions is concerned, the Commission should swiftly revise its Code of Conduct for Commissioners by strengthening its transparency and aligning it with the Treaty rules;
Amendment 14 #
2016/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that achieving the objectives of the CSDP to strengthen the Union’s operational capacity to act externally for peace-keeping, conflict prevention and strengthening international security as provided for in the TEU is more than ever necessary in a fast deteriorating security environment; emphasizes that mutual respect, commonly agreed strategies and acceptance of Europe's fundamental principles should be unambiguous axes of the attempted actions.
Amendment 25 #
2016/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the VP/HR and the Member States to use the full potential of the TEU, especially Article 44 on the implementation of a CSDP task by a group of Member States and Article 46 on permanent structured cooperation with regard to a faster and more flexible deploymentmore effective use of CSDP missions and operations; welcomes the activation of Article 42(7) on the mutual defence clause;
Amendment 39 #
2016/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 55 #
2016/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates the need to ensure and to further strengthenclarify the strategic partnership between the EU and NATO.
Amendment 14 #
2016/2047(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for ato revision ofe the MFF to deliver a more powerful, flexible and sustainable response to the current crisihumanitarian challenges in 2017 and requests simplification of the financial regulation and procedures, as well as the verification of how European funds are spent;
Amendment 19 #
2016/2047(BUD)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that the fair and transparent distribution of funding between the different objectives of the Asylum, Migration and Integration Fund was a priority for Parliament during negotiations leading to the adoption of that fund; calls on the Commission accordingly to increase the number of budget lines under the Asylum Migration and Integration Fund to facilitate a better readability and transparency of how the financial resources allocated to the different objectives and thus to those budgetary lines will be spent; calls, in particular, on the Commission to separate expenditure on enhancing fair return strategies from expenditure on legal migration and promoting the effective integration of third-country nationals in all future draft budgets as proposed in the LIBE opinion for the 2015 Budget 1a _________________ 1a §12 of EP budget opinion 2015
Amendment 20 #
2016/2047(BUD)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Believes responsible authorities should ensure more transparency throughout the application process. The calls for proposals should be widely disseminated and easily accessible. At Member State level, local and regional technical bodies could play an active role in this dissemination as well as provide support in the application process. Each year, the following information should be publicized by the Commission as regards the selected projects and programmes: names and nature of all projects supported (avoiding generic titles that do not reflect the actual content like "capacity-building"), the year of funding, the duration of the project, the amount of EU contribution, the policy priority it addresses, the overall number of applicants for the call, the evaluation criteria and the remaining amount of the EU contribution that has not been allocated.
Amendment 56 #
2016/2047(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reiterates its call for specific funding to be allocated to tackle growing antisemitism, islamophobia, afrophobia and antiromism in Member States; calls in particular for the Union to support projects aiming at the empowerment of women and girls from the communities concerned, as proposed in the LIBE opinion for the 2016 Budget 1a. _________________ 1a §12 of EP budget opinion 2016
Amendment 60 #
2016/2047(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Believes that a coherent European response to search and rescue operations in the Mediterranean must be independent from border management and control missions, and designed as a stand-alone mission; Reiterates its call for a more long-term approach to search and rescue operations, necessary also through a new budget line for an EU Search and Rescue Fund as proposed in the LIBE opinion for the 2016 Budget 1a _________________ 1a §4 and §8 of EP budget opinion 2016
Amendment 62 #
2016/2047(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls for EU development funds and humanitarian aid not be linked to partner countries' capacity and/or willingness to collaborate in migration control e.g. through readmission clauses
Amendment 64 #
2016/2047(BUD)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
Amendment 65 #
2016/2047(BUD)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Believes that civil society, including Non-Governmental Organisations, plays a significant role in safeguarding, promoting and implementing migrants' rights. Hence, such NGOs should be supported in playing their role as watchdogs and promoters of fundamental rights as direct service providers and innovators in developing new tools and building capacities of various stakeholders. Therefore, effective partnership principles for civil society organisations should be established, securing their involvement in preparation, planning, monitoring, implementation and evaluation of funding at both national and EU levels. Such principles should be mandatory.
Amendment 66 #
2016/2047(BUD)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Believes funds used for the reception and integration of migrants and asylum seekers should be exempt from EU deficit rules as provided for in the EU Stability and Growth Pact
Amendment 60 #
2016/2031(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regrets that to date Turkey has not fulfilled 7 out of 72 benchmarks of the visa liberalisation roadmap according to the Commission’s proposal and recalls the need for Turkey to meet all 72 benchmarks before an update of the Customs Union in the field of services can take place; considers that the criteria for visa liberalisation should never be bent for political reasons.
Amendment 10 #
2016/2018(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the new IIA aims to develop a more open and transparent relationship between the three Institutions with a view to delivering high-quality legislation in the interest of EU citizens; considers that better law-making in the interests of the Union's citizens can also mean more regulation, inter alia in the fields of common social, consumer protection, environmental and civil- society challenges and interests within the European Union and its Member States and a harmonization of national disparities in legislation; considers that, although the principle of sincere cooperation among Institutions is only mentioned in paragraphs 9 and 32 in relation to specific areas covered by the new IIA, it should be observed throughout the legislative cycle as one of the principles enshrined in Article 13 TEU;
Amendment 16 #
2016/2018(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the three Institutions’ agreement to reinforce the Union’s annual and multiannual programming in accordance with Article 17(1) TEU by means of a more structured procedure with a precise timeline; notes with satisfaction that the first exercise of interinstitutional annual programming under the new IIA saw the active participation of the three Institutions, participation that led to a joint declaration on the EU’s legislative priorities for 2017, with 59 key legislative proposals identified as priorities for 2017 and, further to a joint declaration on legislative priorities for 2018-2019, 31 key legislative proposals identified as priorities until the end of the current term; particularly welcomes, in this context, the active involvement of the Council and trusts that it will continue in the future, including as regards multiannual programming for the new term; considers, however, that priority treatment for certain legislative files agreed upon in joint declarations should not be used to exert undue pressure on the co-legislators and that greater speed should not be prioritised at the expense of legislative quality; on the other hand, regards it as a Parliament's task derived from Treaty obligations to act to overcome a legislative standstill or blocking or undermining of legislation in the field of social environmental and consumer protection standards as well as transparency standards;
Amendment 18 #
2016/2018(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the strong focus on the Commission's work programme cannot be taken to justify any restriction of Parliament's own legislative powers or right of initiative and expresses its strong determination to resist any attempt to undermine the legislative powers of the European Parliament by means of a modification of the legal basis or relevant means;
Amendment 32 #
2016/2018(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the new IIA’s provisions on impact assessments, notably the principle that they may inform but never be a substitute for political decisions or cause undue delays to the legislative process; recalls that the Commission, in the Small Business Act, made a commitment to implementing the ‘think small first’ principle in its policymaking, and that this includes the SME test to assess the impact of forthcoming legislation and administrative initiatives on SMEs27 ; recalls that in its decision of 9 March 2016 on the new IIA Parliament stated that the wording of the new IIA does not sufficiently commit the three Institutions to include SME and competitiveness tests in their impact assessments28 ; underlines that, throughout the legislative procedure and in all assessments of the impact of proposed legislation, particular attention must be paid to the potential impacts on those who have least opportunity to present their concerns to decision takers, including SMEs and others who do not have the advantage of easy access to the Institutions; stresses the importance of taking into account and paying attention to the needs of SMEs at all stages of the legislative cycle and expresses satisfaction that the Commission’s Better Regulation Guidelines prescribe that potential impacts on SMEs and competitiveness should be considered and reported systematically in all impact assessments; encourages the Commission to consider how the impact on SMEs can be taken into account even better, including in connection with the European added value of a proposal, and intends to follow this issue closely in the years to come; believes that impact assessments must pay equal attention to the evaluation of social, health and environmental consequences, in particular, and that the impact on the fundamental rights of citizens and on equality between women and men must be assessed; _________________ 27 See Parliament’s resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test (OJ C 289, 9.8.2016, p. 53), paragraph 16. 28 See Parliament’s resolution of 9 March 2016 on the conclusion of an Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the European Union and the European Commission (Texts adopted, P8_TA(2016)0081), paragraph 4.
Amendment 74 #
2016/2018(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the commitment made by the Commission, before adopting a proposal, to consult widely and encourage, in particular, the direct participation of SMEs and other end-users in consultations; notes with satisfaction that the Commission’s revised Better Regulation Guidelines take such a direction; notes, however, that the Commission's consultations do not take trade unions into consideration enough, and that workers' and vulnerable groups' interests are often not taken into account;
Amendment 78 #
2016/2018(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Emphasises that such assessments of administrative burdens must go far beyond the cost assessments which are undertaken and thus also - on at least an equal footing and assigning equal political weight on these aspects- take account of the social benefits of legislative measures and the consequences of failure to act with regard to social, environmental and consumer protection standards;
Amendment 79 #
2016/2018(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Underlines that the goal of reducing the administrative burden should not be used as a pretext for deregulation that weakens social protection, consumer protection, environmental standards, animal welfare standards or social dialogue;
Amendment 89 #
2016/2018(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Draws attention to the fact that in paragraph 25 of the new IIA, the Commission only committed to taking ‘due account of the difference in nature and effects between regulations and directives’; reiterates its request that, pursuing the same approach as that outlined in the Monti report, greater use should be made of regulations in legislative proposals30 , in accordance with the legal requirements and principles of subsidiarity and proportionality established by the Treaties as to their use, in order to ensure consistency, simplicity, and legal certainty across the Union; _________________ 30 See Parliament’s resolution of 14 September 2011 on better legislation, subsidiarity and proportionality and smart regulation, paragraph 5.
Amendment 91 #
2016/2018(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the three Institutions’ commitment to exchanging views on modifications of the legal basis, as referred to in paragraph 25 of the new IIA; stresses the role and the expertise of its Committee on Legal Affairs in verifying legal bases31 ; recalls Parliament’s position that it will resist any attempt to undermine the legislative powers of Parliament by means of unwarranted modifications of the legal basis; deplores, however, the Council's reluctance to fully respect this commitment in some politically sensitive files; _________________ 31 See Rules of Procedure of the European Parliament, Annex V, point XVI.1.
Amendment 111 #
2016/2018(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Requests that paragraphs 33 and 34 of the new IIA be fully implemented; asks the Council, in particular, that the agendas, working documents and presidency proposals of working parties and the Committee of Permanent Representatives of the Governments of the Member States (Coreper), be transmitted to Parliament in a regular and structured manner in order to allow for a matching level of information between co-legislators; considers that paragraphs 33 and 34 of the new IIA should be interpreted to the effect that, in addition to informal exchanges of views, Parliament mayshould be invited to send a representative to the meetings of the Council’s working parties and Coreper;
Amendment 126 #
2016/2018(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Welcomes the commitment made in paragraph 46 of the new IIA for a more frequent use of the legislative technique of recasting; reiterates that this technique should constitute the ordinary legislative technique as an invaluable tool to achieve simplification41 ; deplores the fact that Commission's recast proposals often lack ambition compared to the requests of Parliament; considers, however, that in the event of a complete policy overhaul, the Commission should, instead of using the recasting technique, put forward a proposal for an entirely new legal act repealing existing legislation, so that the co-legislators can engage in broad and effective political discussions and see their prerogatives as enshrined in the Treaties fully preserved; _________________ 41 See Parliament’s resolution of 14 September 2011, cited above, paragraph 41.
Amendment 129 #
2016/2018(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Welcomes the Commission’s first annual burden survey undertaken in the context of simplification of EU legislation, for which it carried out a Flash Eurobarometer survey on business perceptions of regulation, interviewing over 10 000 businesses across the 28 Member States, mainly SMEs and reflecting the distribution of business in the EU; draws attention to the findings of the survey, which confirm that the focus on cutting unnecessary costs remains appropriate and suggest that there is a complex interplay of different factors that influence the perception of businesses, which may also be caused by variations in national administrative and legal set ups concerning the implementation of legislation; points out that gold plating and even inaccurate media coverage can also affect such perception; agrees with the Commission that the only way to identify concretely what can actually be simplified, streamlined or eliminated is to seek views from all stakeholders on specific pieces of legislation or various pieces of legislation that apply to a particular sector; calls on the Commission to refine the annual burden survey, on the basis of the lessons learnt from the first edition, to apply transparent and verifiable data collection methods, to pay particular regard to SMEs’ needs, and to include both actual and perceived burdens; emphasizes that such fine-tuning must go far beyond the cost assessments which are undertaken and thus also - on at least an equal footing and assigning equal political weight to these aspects - take account of the social benefits of legislative measures and the consequences of failure to act with regard to social, environmental and consumer protection standards;
Amendment 134 #
2016/2018(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53a. Stresses that in the process of defining the annual burden, the Commission shall take particular caution in assessing national environmental, labour and social legislation, making sure that it does not undermine its positive impacts;
Amendment 2 #
2016/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that ‘human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities’ are the values on which the EU is founded, as stated in Article 2 TEU; underlines the utmost importance of ensuring full respect for these values both at Union and Member State level and they are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men must prevail, as stated in Article 2 TEU; notes that these values must be shared by all the Member States and underlines the utmost importance of ensuring full respect for these values by the EU, and by each individual Member State, in all their policies, both at Union and Member State level; also recalls that under Article 17 TEU, the Commission must ensure application of the Treaties;
Amendment 3 #
2016/2009(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
Amendment 6 #
2016/2009(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the 1990 International Convention on the Protection of the rights of all Migrant Workers and Members of their families,
Amendment 6 #
2016/2009(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that it is necessary to continue promoting and strengthening the protection and full development of fundamental rights in compliance with the Treaties and the Charter of Fundamental Rights of the European Union and, more specifically, to ensure that the values of the European Union set out in Article 2 and all relevant articles of the EU Treaty are respected and promoted by the EU, its institutions and all Member States; stresses that the European institutions should be at the forefront of this endeavour and underlines that the Member States should be exemplary in the effective implementation of these obligations;
Amendment 8 #
2016/2009(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,
Amendment 9 #
2016/2009(INI)
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
- having regard to its resolutions on the use of torture by the CIA, in particular the latest dated 8 June 2016,
Amendment 10 #
2016/2009(INI)
Motion for a resolution
Citation 8 d (new)
Citation 8 d (new)
- having regard to the European Union guidelines on Human Rights Defenders,
Amendment 15 #
2016/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that in case of systemic threats to the rule of law, Article 7 and Rule of Law Framework procedures should be launched as soon as possible to provide remedies; considers it important to establish a new consensus between the EU and its Member States regarding respect for democracy, the rule of law and fundamental rights;
Amendment 22 #
2016/2009(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the fact that all legislative proposals, including international agreements and in general all EU policies, should be scrutinised to ensure that they comply with the Charter of Fundamental Rights of the EU; calls on the Member States and the Commission to ensure that all EU legislation, in particular the economic and financial adjustment programmes which have adversely affected the living conditions and the situation of fundamental rights of many people, is continuously implemented in accordance with the Charter of Fundamental Rights of the EU and the European Social Charter (Article 151 of the TFEU), in particular with regard to the protection of economic and social rights;
Amendment 24 #
2016/2009(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Considers that breaches of rights, abuses or inequalities in the Member States undermine democracy and the rule of law, as well as citizens' trust in the European Union institutions; emphasises the role of Parliament as the only directly elected institution in scrutinising the correct implementation of EU legislation to ensure that it complies with the Charter of Fundamental Rights of the EU; calls on the EU legislator to promote the EU's values as required by Article 3 of the TEU and, specifically, inclusion and equality, as required by Article 8, 9 and 10 of the TFEU;
Amendment 29 #
2016/2009(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the need to strengthen institutional transparency, democratic accountability and openness in the EU; calls therefore on the competent EU institutions and all Member States to: – take appropriate measures, also with a view to revising without delay Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents in order to ensure maximum transparency and simplified procedures for public access to information and documents; – bring forward a revision of the European Citizens' Initiative Regulation (Regulation (EU) No 211/2011) within this parliamentary term in order to improve its functioning, incorporating amendments so as to remove any administrative, organisational and financial obstacles as a result of which not all European citizens can properly exercise their democratic influence through the ECI as provided for in the Treaties; urges the Commission also to include in its proposal the necessary provisions to stop certain groups of citizens, such as those who are blind or living abroad, from being prevented from exercising their right to support citizens' initiatives, as such exclusion limits equality and engagement among citizens; – calls on Member States to enable all their citizens to vote in the European elections, including those living outside the EU, particularly by means of an information campaign carried out in good time;
Amendment 36 #
2016/2009(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes the first two Rule of Law dialogues, held by the Council; looks forward to the expected evaluation of this mechanism, which should aim at improving its relevance as well as its complementarity with the other EU rule of law instruments; points, however, at the same time to the major obstacles in its implementation, in particular the fact that the formal establishment of the existence of a serious and persistent breach of the fundamental values of the Union in a Member State in accordance with Article 7(2) of the TEU requires unanimity in the Council;
Amendment 38 #
2016/2009(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges therefore the EU institutions and the Member States to introduce an additional mechanism for the effective monitoring of respect for fundamental rights and the rule of law in Member States; believes that, without prejudice to existing mechanisms already applicable in the event of serious and persistent infringements, the proposed alternative should: (a) widen the mandate of the EU Fundamental Rights Agency to include the monitoring of fundamental rights and the rule of law in all Member States, both within and beyond the application of European Union law, and so as to allow it to disclose publicly information on a breach of fundamental rights by a Member State; (b) enable the Commission, on the basis of the findings of the reports generated by the Fundamental Rights Agency, to initiate infringement procedures for violations of Article 2 of the TEU in order to effectively ensure a high level of protection of fundamental rights in the Member States;
Amendment 49 #
2016/2009(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Urges the competent authorities to unblock the Anti-Discrimination Directive, which seeks to implement the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; underlines the fact that specific needs of the most vulnerable citizens, such as people in poverty or social discriminated people, should be addressed in an appropriate way; calls on the Council and the Commission to act effectively and responsibly to uphold the values of the Union in relation to Member States which fail to fully respect their Treaty obligations on such issues;
Amendment 109 #
2016/2009(INI)
Motion for a resolution
Citation 48 a (new)
Citation 48 a (new)
- having regard to the Report of the International Labour Office ‘The World Employment and Social Outlook: Trends 2016’,
Amendment 110 #
2016/2009(INI)
Motion for a resolution
Citation 48 b (new)
Citation 48 b (new)
- having regard to the Commission's EU Anti-corruption Report (COM(2014)0038),
Amendment 111 #
2016/2009(INI)
Motion for a resolution
Citation 48 c (new)
Citation 48 c (new)
- having regard on the report SOER 2015 - European environment — state and outlook 2015,
Amendment 117 #
2016/2009(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas respect for and promotion of human rights must be upheld by the EU and each individual Member State in everything they do;
Amendment 118 #
2016/2009(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the importance of social fundamental rights is acknowledged in Articles 8, 9, 10, 19 and 21 of the Charter of Fundamental Rights of the European Union, as it is in the case law of the CJEU, 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;
Amendment 131 #
2016/2009(INI)
Motion for a resolution
Recital A
Recital A
A. whereas migration is an unavoidable part of the EU’s future and one of the biggest challenges of our times, as it appat least 3 771 people died or went missing in 2015 while attempting to reach a safe place in Europe, bringing the total number of dead and missing over the last 20 yealrs to the EU’s international humanitarian responsibilitiover 30 000; whereas the EU carries a huge responsibility to act to save lives, and forms a key element for demographic reasonprovide legal avenues for migrants and assist and protect asylum seekers and refugees;
Amendment 166 #
2016/2009(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, following recent terrorist attacks on EU territory, certain anti- terrorism policies and measures are likely to compromise fundamental rights and freedoms in the EU; whereas it is essential to ensure that a balance is maintained between safeguarding fundamental freedoms and rights and strengthening security; whereas the EU and its Member States have the duty to protect European citizens, while ensuring respect for their fundamental rights and freedoms in the design and operation of security policies; whereas necessity and proportionality must be the overriding principles in this area so as to prevent policy actions from infringing civil liberties;
Amendment 167 #
2016/2009(INI)
Motion for a resolution
Recital D
Recital D
D. whereas trafficking in human beings is a serious crime often committed within the framework of organised crime, constitutes a gross violation of fundamental rights and is explicitly prohibited by the Charter, human dignity and the fundamental principles of democracy and is explicitly prohibited by the Charter; whereas trafficking for the purpose of sexual exploitation is still the most widespread form; whereas 76 % of registered victims in the EU are women;
Amendment 174 #
2016/2009(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the right to asylum is guaranteed under the 1951 Convention on the Status of Refugees (Geneva Convention) and the protocol of 31 January 1967;
Amendment 236 #
2016/2009(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the migration crisis has triggered mistrust and rising hatred towards national minority communities in Europe, which also affects traditional national minoritieanifestations of extreme nationalism, racism, xenophobia and intolerance have not yet disappeared from our communities; whereas on the contrary, especially they appear to be on the rise in many Member States, with rising hate crimes against refugees, migrants and minorities; whereas refugees reception centres have been increasingly attacked and burnt by far-right groups;
Amendment 243 #
2016/2009(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas people with disabilities continue to be excluded and discriminated against in the enjoyment of their fundamental rights and face barriers that prevent them from participating in the society on an equal basis with others;
Amendment 254 #
2016/2009(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas the EU is undergoing a period of serious economic and financial crisis, the impact of which, in combination with certain measures, including drastic budget cuts, implemented to address it in some Member States, is negatively affecting fundamental social rights, as well as the living conditions of EU citizens – increasing unemployment, poverty levels, inequalities and precarious working conditions, limiting access to quality of services (especially access to healthcare services), demographic recession and criminality – and hence the wellbeing of citizens;
Amendment 265 #
2016/2009(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. whereas Articles 37 and 38 of the Charter recognise the right to a high level of environmental protection intrinsically linked to the deployment of the policies of the Union;
Amendment 270 #
2016/2009(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
Oc. whereas the physical and biological components of the earth/atmosphere system is contaminated in many cases to such an extent that normal environmental processes are adversely affected;
Amendment 273 #
2016/2009(INI)
Motion for a resolution
Recital O d (new)
Recital O d (new)
Od. whereas corruption crime represents a serious fundamental rights violation and a threat to democracy and the rule of law;
Amendment 278 #
2016/2009(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 286 #
2016/2009(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that human dignity is inviolable and must be respected and protected; calls for awareness-raising amongst EU citizens on the inherent dignity of all persons in order to achieve a more sensitive and inclusive society;
Amendment 292 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls therefore on the EU and the Member States to recognise the fundamental right to universal access to health, as healthcare and protection is an integral prerequisite of human dignity; calls on the Member States to recognise environmental protection as being a key factor in guaranteeing the fundamental right to health;
Amendment 299 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Condemns all forms of discrimination and violence in the EU against all human beings, as that constitutes a direct violation of the human dignity; underlines that the sexual and reproductive health and rights of all human beings must be respected, including their right to their bodies and sexuality and to be free of coercion, discrimination and violence;
Amendment 321 #
2016/2009(INI)
Motion for a resolution
Subheading 2
Subheading 2
Migration, integration andnts, refugees and asylum seekers rights and social inclusion
Amendment 341 #
2016/2009(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the social inclusion and cultural integration ofof migrants and refugees in the host society is a dynamic, two- and multi- dimensional process (involving rights and duties), representing a challenge and an opportunity that requires responsibilities and efforts both by thewhere migrants and refugees and by, the Member States, their local and regional administrations and, host communities all play a central role;
Amendment 351 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out to the urgent need of facilitating family reunification; condemns in this respect all changes in national legislations that have led to restricting the right to family life of persons fleeing persecutions and its dramatic consequences for families being separated and at risk of death or starvation in countries of origin and transit, and at risk of segregation and abandonment in detention centres located in EU member countries;
Amendment 355 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Whereas the Commissioner for Human Rights at the Council of Europe in the issue paper "the right to leave a country" states that EU Member States have adopted a panoply of measures which have the effect of preventing people from leaving the country , including mandatory visa requirements which only prevent some people from leaving the state of origin and transit, to readmission agreements which have the effect of enabling EU Member States to send back anyone, citizen or foreigner, who is found irregularly present in the state of entry (and who has passed through or is a citizen of the state of origin and transit);
Amendment 359 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Whereas the Commissioner for Human Rights at the Council of Europe expressed in the issue paper "the right to leave a country" that the right to leave a State belongs not only to citizens of a particular state but also to foreigners; whereas States are not entitled to place obstacles in the way of foreigners leaving their countries irrespective of where the foreigners seek to go;
Amendment 360 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Urges the Commission to propose a revision of Regulation 862/2007 so that it will include gender-differentiated statistical data on the operation of detention facilities; this revision should also require collection of gender- disaggregated data at registration sites and in first-line and long-term reception facilities, as well as data on vulnerable groups including but not limited to LGBTI persons or with disabilities, in order to improve understanding of and response to the specific needs of refugees, and asylum-seekers;
Amendment 362 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Highlights the double discrimination that migrant women face, as both migrants and as women, and the special circumstances that they may face in detention or reception centres, such as physical safety and harassment concerns, and their need for access to feminine hygiene supplies, privacy, and reproductive healthcare;
Amendment 366 #
2016/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States to apply cultural, political andensure social inclusion policies as swiftly as possible and with adequate dedicated resources; recalls that social inclusion policies must engage local, regional and national institutions and should focus on individus well as migrants and refugee communities; calls rather than on groups or communities, as this can lead to segregationin this regard for refugee and migrant communities to be consulted and involved in the design and implementation of social inclusion initiatives by state actors;
Amendment 374 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to propose a non-exhaustive of "humanitarian grounds" for the release of humanitarian visas to offer Member States a standardised solution to providing humanitarian visas;
Amendment 378 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. 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;
Amendment 380 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that Article 3 of the 1989 UN Convention on the Rights of the Child provides that all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. Calls therefore on Member States to the abolish of all forms of detention of minors;
Amendment 382 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls for the revision of Article 1.2 of 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;
Amendment 383 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on EU Member States to review their border and immigration control laws, policies and practices so that they do not interfere with the right of every individual to leave their country of origin, residence or transit;
Amendment 384 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. 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, including access to NGOs and journalists;
Amendment 385 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Beneficiaries of international protection should be allowed to extend their right to travel up to three months in other EU Member States to find employment if a local sponsor (individuals, companies, other entities) expresses his or her willingness to take care of the asylum seeker (i.e. through accommodation, facilitation of integration process and search for job) and give a financial guarantee and other evidence of credibility;
Amendment 386 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. 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;
Amendment 391 #
2016/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that intercultural and inter-religious tolerance needs to be promoted via constant efforts and extensive dialogue and that the crisis arising from the waves of migration cannot be tackled without the involvement of all relevant state and non-state actors, including churches and religious organisationpossible actors and authorities;
Amendment 422 #
2016/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 439 #
2016/2009(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for a common legislation to protect whistle-blowers, witnesses and persons who cooperate with the judicial process, including the establishment of a specific fund aimed at giving protection to the person lodging the complaint, in order to support legal fees, medical bills, psycho-social counselling as a resettlement programme; considers that whistleblowing and filing of complaints generally cause the loss of employment or deeply worsen the working conditions of the person;
Amendment 441 #
2016/2009(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for the implementation of Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law. Invites the Member States to fully implement this directive, punishing with effective, proportionate and dissuasive criminal penalties any kind of unlawful behaviour having negative impacts on human health or the environment included: discharge, emission or introduction into air, soil or water of dangerous materials; burning of waste; illegal trade, collection and transport of hazardous waste; construction of public and private buildings with poor quality construction materials which are inappropriate to deal with possible damages caused by earthquakes and avalanches . Invites Member States to consider waste combustion as a criminal offense punishable with criminal penalties, in the same way as those included in directive 2008/99/CE. Invites, the EU Network for the Implementation and Enforcement of Environmental Law (IMPEL), to inform periodically the European Parliament about the actions of Member States in the implementation of directive 2008/99/CE;
Amendment 455 #
2016/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that a European early warning and responsive system should be set up to identify groups that are at high risk of radicalisation in respect of democracy, human rights and the Rule of Law; calls on the EU and the Member States to make greater efforts to prevent radicalisation via the Internet and social media, in particular among young people, and to assist the families of those who are at risk; encourages Member States to exchange best practices and to use intelligence-sharing mechanisms in order to fight terrorist networks efficiently;
Amendment 457 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that exclusion and discrimination against religious communities in the European Union creates a fertile ground for individuals in vulnerable situations to join extremist organisations that can be violent; considers a consistent application of anti- discrimination legislation as a crucial element of strategies to prevent radicalisation or enable deradicalisation of those belonging to extremist organisations; Recommends that security approaches be complemented by long-term policies to prevent radicalisation and recruitment of citizens of the Union by extremist organisations; calls for strategies on social inclusion, education, employment and housing and policies to tackle discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations as well as educating the general population about other cultures and traditions; Recommends that Member States' counter-radicalisation and counter- terrorism criminal or administrative measures ensure that responses are proportionate and that any restriction to the enjoyment of human rights are subject to judicial review and/or independent oversight; encourages Member States to ensure that such policies do not create 'suspect categories' broadly based on religious affiliations or practices, nor cultivate environments of stereotyping and religious hatred;
Amendment 463 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates its call to ensure accountability for massive violations of fundamental rights, in particular in the context of transportation and illegal detention of prisoners in European countries by the CIA, by means of open and transparent investigations;
Amendment 485 #
2016/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes following UNHCR's guidelines on international protection, that the statuses of victims of THB and of refugees are closely linked. Trafficking generally takes place in dangerous and degrading conditions and involves a range of human rights violations and abuses and severe exploitation such as abduction, incarceration, rape, sexual enslavement, enforced prostitution, forced labour, removal of organs, physical beatings, starvation, deprivation of medical treatment. Since such acts constitute serious violations of human rights which generally amount to persecution, these victims of trafficking should benefit from the same guarantees provided by the Qualifications Directive (2011/95/EU);
Amendment 490 #
2016/2009(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Highlights that women are trafficked at a much higher rate than men and that women living in poverty or with low socio-economic opportunities are more vulnerable to traffickers; a priority should be made to empower women with employment opportunities, economic security, and stronger legal protection against loss of assets or property so that they are less susceptible to be lured in by traffickers;
Amendment 497 #
2016/2009(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. CWelcomes the work of the EU Anti-Trafficking coordinator; calls on Member States to make equal efforts to identify, protect and assist victims of all forms of exploitation; calls on Member States to implement the EU Anti- trafficking Directive fully and correctly and encourages the Member States, EU institutions and agencies to convene meetings within the framework the EU Network of National Rapporteurs or equivalent mechanisms on trafficking in human beingsstrengthen their cooperation on trafficking in human beings, including exchanges of best practices, through the support of the EU Anti-Trafficking coordinator;
Amendment 502 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States in which the exploitation of victims of trafficking in human beings has taken place to offer adequate and necessary gender-sensitive medical treatment based on individual needs, paying special attention to victims of trafficking in human beings for sexual exploitation;
Amendment 503 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises the urgent need to open immediate legal, safe asylum routes, in order to avoid smuggling networks as well as to enable persons in need of international protection to seek refuge without risking their lives;
Amendment 505 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the EU and its Member States to recognise human trafficking for ransom with torture practices as a form of human trafficking; considers that the severely traumatised survivors should be recognised as victims of a form of prosecutable human trafficking and receive protection, care and support [1] . [1] This new type of trafficking has already been introduced by the EP "resolution of 10 March 2016 on the situation in Eritrea", Paragraph T
Amendment 530 #
2016/2009(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 532 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 556 #
2016/2009(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’'s announcement of the Code of Conduct on countering illegal hate speech online; recommends Member states to put in place a simple procedure enabling people to report hate content on the internet;
Amendment 583 #
2016/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on Member States to prevent, with all means, cases of hate crime and hate speech carried out by public security police forces and by all authorities linked to Public Safety organisations;
Amendment 588 #
2016/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU and the Member States to strengthen the role of human rights education in national curricula as a tool for preventing racism and related intolerance, and calls for greater rights awareness; considers that a complete human rights education must also adequately include education on past human rights injustices and institutional racisms such as the Roma holocaust, and the importance of memory for formerly oppressed groups such as the victims of slavery;
Amendment 596 #
2016/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU and the Member States to strengthen the role of human rights education in national curricula as a tool for preventing racism and relatedall other forms of intolerance, and calls for greater rights awareness;
Amendment 619 #
Amendment 659 #
2016/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 673 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights the dangerous potential for the internet, social media, and other types of technology to be used to control, threaten, and humiliate women such as instances of stalking, harassment, posting of sexual or nude photos without consent, which are also forms of violence against women that may fall under the definition of violence against women and gender- based violence against women in the Istanbul convention under Art. 3a and 3d;
Amendment 705 #
Amendment 720 #
2016/2009(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for a focus on violence against children at all levels, from homes to schools, public places and detention centres for migrants; encourages the European Commission to strengthen peer-learning between Member States on how to best address school bullying, in particular when it affects specific groups such as children with disabilities, LGBTI children or children from minority ethnic background;
Amendment 729 #
2016/2009(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a multi-stage system in child protection based on the best interests of the child, which should not be designed to punish parents and care-givers, but to send a clear message that all forms of physical and emotional violence against children are unacceptable, and in which the separation of the child from the family would be the very last step;
Amendment 735 #
2016/2009(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls Member States to implement Article 4 of the International Convention on the Rights of the Child which underlines their obligation to guarantee children's rights as set out in the text of the Convention;
Amendment 741 #
2016/2009(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 763 #
2016/2009(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the announcementinformation by Europol that at least 10 000 unaccompanied children went missing in the EU in 2015 has clearly shown that Member States and European agencies have to step up their efforts urgently in terms of cpross-border cooperation, information exchanges and joint investigations and operations in order to fight trafficking in human beings; notes that appointing guardians to unaccompanied children is an important safeguard to ensure their best interests; calls for registration and the use of convenient and dependable identification tools for children of all ages until they enter the inclusion process in order to prevent their disappearancetecting this particularly vulnerable group , including by providing safe and legal access to the EU notes that appointing guardians to unaccompanied children is an important safeguard to ensure their best interests;
Amendment 774 #
Amendment 784 #
2016/2009(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that tradinational nationalor ethnic, religious and linguistic minorities who have been living together with or alongside traditional majority cultures for centuries in Europe are facing the negative consequences of the migration crisis, i.e. mistrust towards non- majority autochthonous minorities; believes that the solution to this problem lies in the establishment of minimum standards on protecting the rights of tradi; believes that their rights should be upheld by Member States; calls Member States to ratify the Framework convention for the Protection of National mMinorities, as preserving European heritage gives added value to diversitynd the European charter for Regional or Minority Languages;
Amendment 815 #
Amendment 842 #
2016/2009(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Urges Member States to abolish all limitations in the enjoyment of the right to full legal capacity for people with disabilities and to create a system in which persons with disabilities are supported in making decisions, as needed;
Amendment 844 #
2016/2009(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37 b. Calls on European Union and Member States to take appropriate measures to ensure that all persons with disabilities who have been deprived of their legal capacity can exercise all the rights enshrined in European Union treaties and legislation, such as access to justice, goods and services, including banking, employment and health care, as well as voting and consumer rights, in line with the CRPD and the Charter on Fundamental Rights of the European Union, which explicitly prohibit discrimination on the grounds of disability;
Amendment 845 #
2016/2009(INI)
Motion for a resolution
Paragraph 37 c (new)
Paragraph 37 c (new)
37 c. Urges European Union and Member States to develop support services for boys and girls with disabilities and their families in local communities, prevent any new institutionalization, and promote deinstitutionalization, social inclusion and access to mainstream, inclusive, quality education for boys and girls with disabilities;
Amendment 846 #
2016/2009(INI)
Motion for a resolution
Paragraph 37 d (new)
Paragraph 37 d (new)
37 d. Stresses the particular risks facing refugees, migrants and asylum seekers with disabilities, who lack access to information and communication in accessible formats and may be detained in conditions which do not provide appropriate support and reasonable accommodation;
Amendment 851 #
2016/2009(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes that active ageing and inter- generational solidarity are important issues with respect to Europe’s demographic changes that can be strengthened through a human rights-based approach;
Amendment 859 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Calls on the EU and the Member States to be actively involved in the UN Open-Ended Working Group on Ageing and step up their efforts to protect the rights of older people, including by considering the elaboration of a new legal instrument;
Amendment 888 #
2016/2009(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Believes that for Roma inclusion to be effective, national and local authorities must prioritise policies to fight all forms of discrimination by putting an end to residential and scholastic segregation, banning ethnic profiling and fighting police brutality, addressing statelessness and ending forced evictions as well as ensuring access to justice and legal aid to those in need;
Amendment 891 #
2016/2009(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Invites Member States to implement the recommendations of the EU Fundamental Rights Agency according to which Member states shall enhance the active participation and engagement of Roma public authorities, particularly at local level, and take measures to improve community cohesion and trust involving local residents, as well as civil society, through systematic engagement efforts. Believes such measures should contribute to improving the participation of Roma in local level integration processes, especially through identifying their own needs, through formulating responses and through mobilising resources;
Amendment 919 #
2016/2009(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 939 #
2016/2009(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes that civil society organisations, including volunteering and youth work, play a key role in social and civic participation and calls on the EU and the Member States to support and to promote their work; calls on Member Stated and on the EU to uphold the freedom of assembly and association as part of the Charter of Fundamental Rights of the EU;
Amendment 973 #
Amendment 974 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Notes that the financial, economic and sovereign debt crisis, together with the severe budgetary restrictions imposed, has negatively affected economic, civil, social, democratic and cultural rights, often resulting in increasing unemployment (especially youth unemployment), poverty, precarious working and living conditions, as well as exclusion and isolation, increasing suicides, criminality, demographic recession, extended labour migration combined with the phenomenon of braindrain, particularly in the Member States in which economic adjustment programmes have been adopted, and underlines that a recent Eurostat note points out that one European in four is now at risk of poverty and exclusion;
Amendment 975 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Stresses that the economic crisis and the austerity measures implemented to address it have seriously affected fundamental social and civil rights, among others. the right to access to basic necessities such as education, housing, healthcare and social security, as well as having a negative impact on the overall health condition of the population in some Member States; stresses the need to respect the right to protection against poverty and social exclusion as stated in Article 30 of the European Social Charter; calls on all Member States to introduce support measures, in accordance with national practices, to provide their citizens with decent living conditions and to effectively combat unemployment social exclusion, poverty and insufficient healthcare;
Amendment 976 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Reiterates that the EU institutions, as well as Member States which implement structural reforms in their social and economic systems, are always under an obligation to observe the Charter and their international obligations, and are therefore accountable for the decisions taken; reiterates its call to align economic adjustment programmes with the EU objectives set out in Article 151 TFEU, including the promotion of employment, health protection and improvement of living and working conditions; reiterates the need to ensure that there is full democratic oversight through the effective involvement of parliaments over the austerity measures taken by the EU institutions and Member States in reaction to the economic and financial crisis;
Amendment 977 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Recalls on the EU institutions and the Member States to look into the impact on fundamental rights of austerity measures, proposed or implemented, in a gender-sensitive manner, taking into account the disproportionate impact of austerity measures in particular on women and children; calls on the EU institutions to take remedial action immediately where austerity measures have had a negative impact on women's and children's economic, social and cultural rights;
Amendment 978 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Calls on the EU institutions and the Member States to look into the impact on fundamental rights and freedoms, including social, civil and labour rights, of the measures proposed or implemented to deal with the crisis and to take remedial action if necessary should it emerge that the protection of rights is regressing or that international law, including ILO conventions and recommendations, is being infringed;
Amendment 979 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 f (new)
Paragraph 47 f (new)
47 f. Calls therefore on the EU institutions and the Member States, when adopting and implementing corrective measures and budget cuts, to conduct an impact assessment on fundamental rights and to guarantee that sufficient resources are still made available to safeguard respect for fundamental rights and to ensure minimum essential levels of civil economic, cultural and social rights, with special attention to the most vulnerable and socially disadvantaged groups;
Amendment 980 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 g (new)
Paragraph 47 g (new)
47 g. Calls on the EU institutions and the Member States to recognise that long- term investment in social inclusion is beneficial, as it tackles the high cost of discrimination and inequality; calls on the Member States for appropriate public investment to sustain education and healthcare and ensure that access to justice and redress in cases of discrimination are not put in danger by drastic funding cuts in equality bodies' budgets; calls on EU and national institutions not to undermine social inclusion by budgetary measures affecting the functioning of community-based organisations working for equality;
Amendment 981 #
Amendment 982 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 i (new)
Paragraph 47 i (new)
47 i. Calls on the Commission to provide to tackle environmental crimes, as sustainable environment plays a key role in the healthy development of personality; urges the Commission to examine the effective implementation in the EU of the right of access to justice in the context of the right of every person of present and future generations to live in an environment conducive to his or her health and wellbeing; calls therefore on the EU authorities and the Member States especially - but not limited - for the implementation of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (signed on 25 June 1998 and entered into force on 30 October 2001) and for the implementation of directive 2008/99/CE of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law;
Amendment 983 #
Amendment 984 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 k (new)
Paragraph 47 k (new)
47 k. Stresses that corruption by diverting public funds from the public use for which they are intended reduces the level and quality of public services, thereby seriously harming the fair treatment of all citizens; reiterates the need of Member States and European institutions to devise effective instruments for preventing, combating and sanctioning corruption and crime and to properly and regularly monitor the use made of public funds, be they European or national; to that end, calls on the Member States and the institutions to facilitate the rapid establishment of the European Public Prosecutor's Office, thus providing appropriate guarantees of independence and efficiency;
Amendment 985 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 l (new)
Paragraph 47 l (new)
47 l. Stresses the irrefutable need of transparency and access to public documents by citizens and journalists as an efficient way to expose and combat corruption; calls on European Union and Member States to establish effective instruments in order to strengthen transparency and to facilitate citizens access to public documents;
Amendment 986 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 m (new)
Paragraph 47 m (new)
47 m. Calls on all Member States and the EU to join the Open Government Partnership and to devise concrete strategies to promote transparency, empower citizens and fight corruption; calls on the Member States to follow up on the recommendations of the European Commission's Anti-Corruption Report COM(2014) 38 and to strengthen police and judicial cooperation in fighting corruption;
Amendment 1 #
2016/2008(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Treaty on European Union, in particular articles 2, 3, 6, 9, 10 and 11, and to the Treaty on the Functioning of the European Union, in particular articles 8-16, 18-20 and 24,
Amendment 2 #
2016/2008(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
– having regard to the Charter of fundamental rights of the European Union, to the European Convention on Human Rights and to the European Social Charter,
Amendment 17 #
2016/2008(INI)
Motion for a resolution
Recital A
Recital A
A. whereas following the recent crises and deadlocks in the economic, political and social fields that have severely affected individual Member States and the Union as a whole, citizens’' relationship with politics has become increasingly strained, as the public feels that it is not represented adequately; whereas the engagement and involvement of citizens and civil society in democratic life are essential for the good functioning of democracy and for the legitimacy and accountability of both national and EU representational systems;
Amendment 29 #
2016/2008(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas in order to regain legitimacy and rebuild the trust of the European citizens, the EU should first of all redefine its priorities and objectives by giving primacy to the promotion of civil and social rights as enshrined in the Treaties and the EU Charter of fundamental rights;
Amendment 47 #
2016/2008(INI)
Motion for a resolution
Recital E
Recital E
Amendment 65 #
2016/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes e-democracy, which is defined as the support and enhancement of traditionalrepresentative democracy by means of information and communication technology (ICT), and is meant to complement democratic processes by adding elements of citizens’' enablempowerment through different online activities that include, amongst others, e-government, e- governance, e-participation and e-voting;
Amendment 69 #
2016/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the purpose of e- democracy is to facilitate democratic practice, not to establish an alterna substitutive democratic system or to promote a certain type of democracy to the detriment of the current democratic habits; reaffirms however the need to revise the democratic framework of the Union by strengthening its reliability, effectiveness, transparency, participatory nature and social character in order to address adequately the current shortcomings and, at the same time, to enable e-democracy to express its full potential;
Amendment 88 #
2016/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points to the importance of e-voting as a system offering many potential advantages, in particular for young people, people with reduced mobility and people living or working in a Member State of which they are not a citizen or in a third country; stresses however the need to address the difficult relation of older citizens with e-democracy and e-voting, bearing in mind their growing weight in EU's demographic structure; stresses furthermore that there are currently unresolved IT-security issues for e-voting and underlines, in particular, the principle that every citizen should be able to verify the counting and tabulating of votes;
Amendment 125 #
2016/2008(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers that the participation to democratic processes is founded, first of all, on the effective and non- discriminatory access to information and knowledge; calls therefore on the EU and the Member States to develop adequate policies to attain the universal access to the internet and to recognise internet access as a fundamental right; in addition, calls on the EU to promote common policies intended to bridge the digital divide within and among the Member States along all its lines (wealth, gender, age, geographical and social conditions);
Amendment 126 #
2016/2008(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls moreover on the EU and the Member States to refrain from adopting unnecessary measures aimed at arbitrarily restricting access to internet and the exercise of basic human rights, such as disproportionate censorships measures or criminalization of legitimate expression of criticism and dissent;
Amendment 128 #
2016/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States and the EU to provide educational and technical means for improving ICT competences and digital access for all EU citizens in order to bridge the digital divide (e-inclusion), for the ultimate benefit of democracy; encourages the Member States to integrate the acquisition of digital skills into school curricula and supports the development of networks with universities and educational institutions to promote research on and implementation of new participation tools; calls also on the EU and the Member States to promote programmes and policies aimed at developing a critical and conscious appreciation of the use of ICT such as, for instance, awareness raising campaigns concerning the rights and possible risks in the digital sphere;
Amendment 144 #
2016/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Member States and the EU to deliver affordable and high-speed digital infrastructure, particularly in peripheral regions and, rural and economically less developed areas, and to ensure that equality between citizens is guaranteed; recommends to the Commission to foresee resources for projects aimed at improving digital infrastructures in the realm of social and solidarity economy; recommends that public libraries and schools be appropriately resourced and that IT infrastructure be accessible to all citizens;
Amendment 155 #
2016/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages the Member States and the EU to promote and support mechanisms that enable the participation of the public and theircivil society and its interaction with governments and EU institutions; highlights that ICT should facilitate access to information, transparency, active listening and debate for better decision- making;
Amendment 168 #
2016/2008(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to realise the full potential of the European Citizens’' Initiative through a wider use of ICT, in order to make this important tool more user-friendly and widely publicised; believes that the use of new technology could improve, in particular, the online signature collection system; regrets, however, that in its follow-up to the European Parliament resolution on the European Citizens' Initiative, adopted on 2 February 2016, the Commission stated "that after only three years after its effective entry into application, it is at this point too early to launch a legislative revision of the Regulation" and that from the establishment of the ECI only three initiatives were deemed admissible and no one has received an appropriate follow- up; therefore stresses once more the need to revise Regulation 211/2011 in order to encourage the Commission to have a less restrictive approach on the legal admissibility of an ECI and to allow a successful initiative to have an appropriate and concrete follow-up;
Amendment 174 #
2016/2008(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that several Commission processes, such as online public consultations, e-participation activities and impact assessments, could benefit from a wider use of new technologies in order to increase public participation and the transparency of the EU institutions and enhance European governance; at the same time, asks the EU to address the deep concerns regarding the lack of transparency that characterises a growing number of EU policy areas such as, for instance, trade negotiations, economic governance of the eurozone and negotiations of readmission agreements with third countries; in this respect asks also to the Council, the Commission and the European Parliament to strongly limit the recourse to Trilogues in the ordinary legislative procedure, while guaranteeing, at the same time, their full transparency by way of the electronic publication of all relevant documents in dedicated and accessible databases;
Amendment 180 #
2016/2008(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to expand and develop e-participation in the Digital Single Market Strategy; recommends furthermore to the Commission to focus on open source solutions that can be rolled out easily across the digital single market;
Amendment 200 #
2016/2008(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the need to protect, as a matter of priority, privacy and personal data when using e-democracy tools and to foster a more secure internet environment, particularly with regard to information and data security, including the "right to be forgotten", the setting- up of secure digital public registers and the validation of electronic signatures in order to prevent fraudulent multiple interactions, in line with the European and international human rights standards and the case-law of the European Court of Human Rights and the European Court of Justice; underlines that security issues must not become a deterrent to the inclusion of individuals and groups in democratic processes as well as a justification to unnecessarily restrict human rights and fundamental freedoms;
Amendment 208 #
2016/2008(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls the essential role that whistle-blowers play – generally through internet – in exposing corruption, fraud, mismanagement and other wrongdoing that threaten public health and safety, financial integrity, human rights, the environment and the rule of law, while ensuring, at the same time, the public right to information; calls once again on the EU institutions and the Member States to adopt effective rules regarding whistle-blowers' protection in line with the European and international standards and guidelines in this field; in addition, calls on the Commission to set up a common legislation to protect whistle- blowers, witnesses and persons who cooperate with the judicial process and to establish a specific fund aimed at giving protection to the person lodging the complaint, in order to support legal fees, medical bills, psycho-social counselling as well as a resettlement programme, taking into account that whistleblowing and filling of complaints generally cause the loss of job or deeply worsen the working conditions;
Amendment 212 #
2016/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages public representatives to participate actively in existing and fully independent forums, with a view to stimulating discussion and exchanging opinions and proposals with citizens (e- parliament);
Amendment 220 #
2016/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes its initiatives in the field of e-participation and its frontrunner position; supports continuous efforts to strengthen its representative character and encourages its Members to make wider use of new technologies in order to develop them to their full potential while taking into account the necessary limits imposed by the right to privacy and to the protection of personal data;
Amendment 230 #
2016/2008(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU and its institutions to be open to more experimentation with new e-participation methods such as crowdsourcing at EU level and at national, regional and local level, taking into account the best practices already developed within the Member States;
Amendment 1 #
2016/2005(ACI)
Motion for a resolution
Citation 11
Citation 11
Amendment 6 #
2016/2005(ACI)
Motion for a resolution
Recital B
Recital B
B. whereas the Committee of the Regions, the European Economic and Social Committee and various national parliaments have expressed their views on the Commission's Communication on Better regulation for better results – An EU agenda (COM(2015)0215), the above- mentioned Commission proposal for an Interinstitutional Agreement on Better Regulation or the consensus reached between the institutions on a new Interinstitutional Agreement on Better Law-Making; whereas many European and national trade unions and civil- society organisations criticised the Commission proposal in a joint letter of 3 June 2015 to the President of the European Parliament and insisted that no weakening of the legislative position of the European Parliament should be permitted, nor should that power be politically subject to preconditions, that the influence of undertakings on EU legislation must not be increased and that EU legislation must not consequently be geared to a race to the bottom in EU standards;
Amendment 7 #
2016/2005(ACI)
Motion for a resolution
Recital E
Recital E
E. whereas on 16 December 2015, after a debate in which opinion was sharply divided, the Conference of Presidents endorsed by a majority vote the provisional agreement that had been reached between negotiators of the three institutions on 8 December 2015 on the wording of a new Interinstitutional Agreement on Better Law-Making ("the new IIA");
Amendment 12 #
2016/2005(ACI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the agreement reached between the institutions and considers this a good basis for establishing a new relationship between them with a view to delivering better law-making in the interest of the Union's citizens; considers that better law-making in the interests of the Union's citizens can also mean more regulation, inter alia in the fields of common social, consumer protection, environmental and civil-society challenges and interests within the European Union and its Member States and a harmonisation of national disparities in legislation;
Amendment 14 #
2016/2005(ACI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regards it as a task derived from Treaty obligations to act to overcome a legislative standstill or blocking or undermining of legislation in the field of social, environmental and consumer protection standards;
Amendment 18 #
2016/2005(ACI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes in particular the results of the negotiations as regards multiannual interinstitutional programming, the Commission's follow-up to Parliament's legislative initiatives, and the provision of justifications for and consultations on envisaged withdrawals of legislative proposals; also welcomes the agreed interinstitutional exchange of views in the event that a modification of the legal basis of an act is envisagedstresses that the agreed strong focus on the Commission's work programme cannot be taken to justify any restriction of Parliament's own legislative powers or right of initiative; welcomes the agreed interinstitutional exchange of views in the event that a modification of the legal basis of an act is envisaged, and expresses its strong determination to resist any attempt to undermine the legislative powers of the European Parliament by means of a modification of the legal basis;
Amendment 19 #
2016/2005(ACI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is however concerned that the agreement will make it difficult to put forward new laws, and will thereby result in less regulation rather than better regulation; is equally concerned that the agreement will hamper the ability of the co-legislators to make substantial changes to Commission proposals, thus giving the Commission undue power in the legislative process; underlines that the democratic process must be safeguarded in the implementation of the IIA;
Amendment 21 #
2016/2005(ACI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the importancTakes note of the provisions of the new IIA on better law- making tools (impact assessments, public and stakeholder consultations, evaluations, etc.) for a well- informed, inclusive and transparent decision-making process and for the correct application of legislation, whilst safeguarding the prerogatives of the legislators; welcomes the aim of improving the implementation and application of Union legislation, inter alia through better identification of national measures that bear no relation to the Union legislation that is to be transposed ("gold-plating"); in the same spirit, urges the adoption of appropriate implementation procedures, in order to respect the right of Member States to legislate;
Amendment 44 #
2016/2005(ACI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the importance ofExpresses concern about the agreed "Annual Burden Survey" as a tool to help avoid overregulation and reduce administrative burdens; points out that the feasibility and desirability of establishing objectives for the reduction of burdens in specific sectors must be evaluated on a case-by-case basis in close cooperation between the institutions; underlines the need to focus on efficient and not only quantitative reductions; welcomes in this respect the fact that the three institutions have agreed that impact assessments should also address the impact of proposals on administrative burdens, particularly as regards small and medium-sized enterprises; underlines that the goal of reducing the administrative burden should not be used as a pretext for deregulation that weakens social protection, consumer protection, environmental standards, animal welfare standards or social dialogue;
Amendment 55 #
2016/2005(ACI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that the agreed measures to improve the mutual exchange of views and information between Parliament and the Council in their capacity as legislators constitute a step forward, but considers that they do not yet establish a truly equal balance between the legislators throughout the legislative procedure in terms, inter alia, of mutual access to information and meetings; warns that the agreed informal exchanges of views should not develop into a new arena of non-transparent interinstitutional negotiations;
Amendment 63 #
2016/2005(ACI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the commitment to ensure transparency of legislative procedures, but underlines the need for more concrete provisions and tools to achieve this; points out in particular the lack of transparency in international negotiations, which may lead to overregulating and conflicting measures; is disappointed that no conclusion was reached on the practical arrangements for cooperation and information-sharing in the context of the conclusion of international agreements and criteria for the application of Articles 290 and 291 of the TFEU; believes these issues should have been solved before the adoption of the IIA;
Amendment 36 #
2016/0414(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Money laundering counter- measures should be balanced in order to protect interests that are perceived to be threatened by organised crime and terrorism; legislative and judicial efforts in that regard should focus on achieving the highest level of legal certainty and respect for all the fundamental rights (such as the right to privacy and data protection, or the right to be presumed innocent).
Amendment 46 #
2016/0414(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should not apply to money laundering as regards property derived from offences affecting the Union’s financial interests, which is subject to specific rules as laid down in Directive 2017/XX/EU36 . In accordance with Article 325(2) TFEU, the Member States shall take the same measures to counter fraud affecting the financial interests of the Union as they take to counter fraud affecting their own financial interests. This Directive should not apply to any person who receives proceeds as normal payment for ordinary consumer goods or services, as long as the consideration for such goods or services is adequate. _________________ 36 Directive 2017/XX/EU of the European Parliament and of the Council of x x 2017 on the protection of the Union’s financial interests by means of criminal law (OJ x L, xx.xx.2017, p.x).
Amendment 48 #
2016/0414(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Where money laundering activity does not simply amount to the mere possession or use, but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence, such as damaging the integrity of the financial system, that activity should be punished separately. Member States should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property (so-called self-laundering), if there is a previous conviction or if the predicate offence is tried at the same time, if the actions have the intention to hide the illegal origin of the property.
Amendment 56 #
2016/0414(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order for money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime that generated the property, let alone require; a prior or simultaneous conviction for that crime should be required. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed there.
Amendment 69 #
2016/0414(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay down minimum types and levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA37 8 or where the perpetrator abused their professionaldominant position, e.g. as an official or poslitioncal decision maker, to enable money laundering, Member States should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42)
Amendment 73 #
2016/0414(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Knowledge of the beneficial ownership of companies and bank accounts is fundamental, among others, for the purposes of taxation and preventing prosecuting crime
Amendment 75 #
2016/0414(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Transparency and openness, which are core elements of the Union legal framework, require European and international efforts. In order to facilitate those efforts, Member States should maintain publicly searchable registries of the beneficial owners of all corporations, trusts foundations, or other relevant entities.
Amendment 76 #
2016/0414(COD)
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) Competent authorities, which supervise the compliance of credit and financial institutions with this Directive, should be able to cooperate, coordinate and exchange in due time confidential information to the widest extent possible, in accordance with the applicable international standards in this field, regardless of their respective nature or status; tax information involving registries of beneficial owners should be the basis of the automatic exchange of information between tax authorities and other relevant government regulatory and enforcement authorities.
Amendment 77 #
2016/0414(COD)
Proposal for a directive
Recital 12 d (new)
Recital 12 d (new)
(12d) Competent authorities, which supervise the compliance of credit and financial institutions with this Directive, should have an adequate legal basis for promptly exchanging confidential information.
Amendment 78 #
2016/0414(COD)
Proposal for a directive
Recital 12 e (new)
Recital 12 e (new)
(12e) Information of prudential nature relating to credit and financial institutions, such as information relating to the fitness and properness of directors and shareholders, internal control mechanisms, governance or compliance and risk management, is often indispensable for an adequate anti-money laundering supervision of such institutions; conversely anti-money laundering information is essential for the prudential supervision of such institutions.
Amendment 79 #
2016/0414(COD)
Proposal for a directive
Recital 12 f (new)
Recital 12 f (new)
(12f) The exchange of confidential information and cooperation between competent authorities, which supervise credit and financial institutions with this Directive, and prudential supervisors should not be hampered by legal uncertainty, which can stem from a lack of explicit provisions in this field; clarification of the legal frame work is even more important since prudential supervision has been entrusted, in a number of cases, to non anti-money laundering supervisors, such as the European Central Bank.
Amendment 80 #
2016/0414(COD)
Proposal for a directive
Recital 12 g (new)
Recital 12 g (new)
(12g) Delayed access by Financial Intelligence Units and other competent authorities to information on the identity of holders of bank and payment accounts and safe deposit boxes, hampers the detection of transfers of funds relating to money laundering and the associated financing of terrorism and organised crime.
Amendment 81 #
2016/0414(COD)
Proposal for a directive
Recital 12 h (new)
Recital 12 h (new)
(12h) National data allowing the identification of bank and payment accounts and safe deposit boxes belonging to one person is fragmented, and therefore, not always accessible by Financial Intelligence Units and other competent authorities in a timely manner; it is therefore essential to establish centralised automated mechanisms, such as a register or a data retrieval system in all Member States as an efficient means to get timely access to information on the identity of holders of bank and payment accounts and safe deposit boxes, their proxy holders, and their beneficial owners.
Amendment 82 #
2016/0414(COD)
Proposal for a directive
Recital 12 i (new)
Recital 12 i (new)
(12i) The principle of professional secrecy as well as the right to privacy and fair trial should not be undermined or violated by the collection and transmission of data or information on transactions based on a suspicion, of the private sphere of individuals.
Amendment 83 #
2016/0414(COD)
Proposal for a directive
Recital 12 j (new)
Recital 12 j (new)
(12j) Financial centres, both onshore and offshore, or bank secrecy havens should not be allowed in any way facilitate corruption or illicit activities, such money laundering; such centres should be effectively cut off from the union and international financial community; a European and/or national “knowledge bank” should be established in order to fight money laundering by increasing the knowledge and transparency of such centres and their structures1. 1 van Konigsveld, T. Jan (2015), De offshore wereld, ont maskend
Amendment 84 #
2016/0414(COD)
Proposal for a directive
Recital 12 k (new)
Recital 12 k (new)
(12k) Stresses the importance to make legislation on correspondence banking clearer and stricter, especially regarding remittance of funds to offshore and non- cooperative jurisdictions, with the obligation to cease activities if beneficial information is not provided.
Amendment 85 #
2016/0414(COD)
Proposal for a directive
Recital 12 l (new)
Recital 12 l (new)
(12l) Stresses that by failing to enact anti-money laundering controls and proper supervision on investments of foreign investors, some EU member states actually serve as “laundromats”.
Amendment 87 #
2016/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1 (new)
Article 1 – paragraph 2 – subparagraph 1 (new)
This Directive shall fully respect the Charter of Fundamental Rights of the European Union.
Amendment 93 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point m
Article 2 – paragraph 1 – point 1 – point m
(m) murder, grievous bodily injury;
Amendment 107 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the conversion or transfer of property, knowing that such property is directly derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action;
Amendment 111 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing at the time of receipt, that such property was directly derived from criminal activity or from an act of participation in such an activity.
Amendment 116 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. In order for an offence referred to in paragraph 1 to be punishable, it shall not be necessary to establish:
Amendment 118 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) the actions have the intention to hide the illegal origin of the property
Amendment 119 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 123 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 128 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The offences referred to in points (a) and (b) of paragraph 1 shall also apply to persons who committed or participated in the criminal activity from which the property was directly derived.
Amendment 135 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall ensure that the conduct referred to in Articles 3 and 4 shall be punishable by effective, proportionate and dissuasive criminal penalties in full respect for fundamental rights.
Amendment 139 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 shall be punishable by a maximum term of imprisonment of at least four years, at least in serious cases, corresponding to the gravity of the offence.
Amendment 13 #
2016/0412(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Freezing and confiscation of instrumentalities and proceeds of crime are among the most effective means of combatting crime, as it deprives criminals from the proceeds of their illegal activities and terrorists from organizing an attack. The European Union is committed to ensuring more effective identification, confiscation and re-use of criminal assets24 . _________________ 24 "The Stockholm programme – An open and secure Europe serving and protecting the citizens", OJ C 115, 4.5.2010, p.1.
Amendment 15 #
2016/0412(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 16 #
2016/0412(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) The illegal proceeds of crimes committed by criminal organisations are widely laundered in the legal European economy and such capital, once reinvested in the regular economy, constitutes a severe threat to free enterprise and competition, as it has a seriously distorting impact;
Amendment 17 #
2016/0412(COD)
Proposal for a regulation
Recital 7 c (new)
Recital 7 c (new)
(7c) At the moment, about 98,9% of estimated criminal profits are not confiscated and remain at the disposal of criminals.
Amendment 18 #
2016/0412(COD)
Proposal for a regulation
Recital 7 d (new)
Recital 7 d (new)
(7d) Organised crime, corruption and money laundering pose serious threats to the economy of the Union, among others by significantly reducing the tax revenues of Member States and the Union as a whole, and to the accountability of Union- funded projects, as criminal organisations operate in various sectors, many of which are subject to governmental control.
Amendment 26 #
2016/0412(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation respects the fundamental rights and observes thethe relevant principles recognised in the Charter of Fundamental Rights of the European Union (the Charter) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR). This Regulation should be applied in accordance with those rights and principles.
Amendment 27 #
2016/0412(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The mutual recognition of freezing or confiscation orders must be fully in line with fundamental rights protected by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights.
Amendment 32 #
2016/0412(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The executing authority should recognise a freezing order without further formalities and should immediately take the necessary measures for its execution. The decision on the recognition and execution of the freezing order should be taken and the freezing should be carried out with the same celerity and priority as for a similar domestic case. TFirm time limits should be set out in order to ensure a quick and efficient decision and execution of the freezing order.
Amendment 33 #
2016/0412(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Before deciding to apply a ground for non-recognition and non-execution, the executing authority should consult the issuing authority without any undue delay, in order to obtain any necessary additional information.
Amendment 35 #
2016/0412(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) It should be possible for the executing authority to postpone the execution of a confiscation or a freezing order, notably where its execution mightis strongly expected to damage an ongoing criminal investigation. As soon as the ground for postponement has ceased to exist, the executing authority should take the necessary measures for the execution of the order.
Amendment 36 #
2016/0412(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The proper practical operation of this Regulation presupposes close communication and optimal cooperation between the competent national authorities involved, in particular in cases of simultaneous execution of a freezing or confiscation order in more than one Member State. The competent national authorities should therefore consult each other whenever necessary.
Amendment 54 #
2016/0412(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The issuing authority shall complete without undue delay the certificate set out in Annex I, sign it and certify its content as being accurate and correct.
Amendment 55 #
2016/0412(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The issuing authority shall translate without undue delay the certificate into an official language of the executing State or any other language indicated by that Member State in accordance with paragraph 3.
Amendment 345 #
2016/0409(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. An alert on a person may not be entered without the data referred to in Article 20(3)(a), (gb), (g), (h), (i), (k), (m), (n) as well as, where applicable, (p), except for in the situations referred to in Article 40.
Amendment 415 #
2016/0409(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 421 #
2016/0409(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
Amendment 290 #
2016/0408(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. An alert may not be entered without the data referred to in Article 20(2)(a), (g),b), (g), (h), (i), (k), (m), (n) and (q). Where an alert is based upon a decision taken under Article 24 (2) the data referred to in Article 20(2)(r) shall also be entered.
Amendment 2 #
2016/0403(COD)
Proposal for a regulation
–
–
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 6 #
2016/0403(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector- related requirements. Cooperation between the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential.
Amendment 12 #
2016/0403(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Addressing remaining obstacles to more cross-border activities in services will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation, always under the scope of respecting and protecting the rights of workers.
Amendment 16 #
2016/0403(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 23 #
2016/0403(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The European services e-card should be fully electronic, rely almost exclusively on data provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e-cards electronically available to their holders and to competent authorities. _________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1)
Amendment 31 #
2016/0403(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Domestic administrative procedures supporting the procedures governed by this Regulation should be electronic if the Member States in question so decide. They are encouraged, however, to promote the use of e-procedures with a view to bureaucratic decongestion and faster handling of the issues involved. Member States could however make use of the Internal Market Information system set up by Regulation (EU) No 1024/2012 for domestic purposes of administrative cooperation.
Amendment 47 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Regulation, in particular its Chapter III, shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EUdifferent labour market models of the Member States, including labour markets regulated by collective agreements.
Amendment 48 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
This Regulation shall fully respect the administrative and procedural autonomy of the Member States.
Amendment 49 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 b (new)
Article 2 – paragraph 3 – subparagraph 2 b (new)
The fundamental rights, such as the protection of personal data, the right of establishment and the right to provide services in any Member State, the right to equality and non-discrimination on grounds of nationality, the right to an impartial, fair and reasonably speedy procedure, as well as the prohibition of abuse of rights, shall be fully respected.
Amendment 64 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The Commission shall clearly specify how the information referred to in points (a) to (h) above is to be presented in the standard form and lay down the technical details of the standard form throughout the European Union, by way of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Amendment 66 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 71 #
2016/0403(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 72 #
2016/0403(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 73 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 74 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 75 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Amendment 76 #
2016/0403(COD)
Amendment 77 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 3
Article 6 – paragraph 3 – subparagraph 3
Amendment 78 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 4
Article 6 – paragraph 3 – subparagraph 4
Amendment 80 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 84 #
2016/0403(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Member States shall determine whether the procedural workflows between their coordinating authorities and their competent authorities involved in the European services e-card procedures and formalities for secondment of staff and movement of self-employed in accordance with Articles 6 and 7 shall be electronic or not. They shall promote electronic flow by seeking to accelerate procedures and to reduce bureaucratic delays.
Amendment 88 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept documents in a simple copy form and shall notmay request that documents submitted to them are subject to legalisation, apostille formalities, certification or authentication.
Amendment 91 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 94 #
2016/0403(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Amendment 95 #
2016/0403(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Amendment 102 #
2016/0403(COD)
1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the update of the information contained therein with a view to speeding up the above-mentioned procedures . This obligation shall also apply in the context of formalities in accordance with Articles 6 (1) and 7 for secondment of staff and movement of self- employed, in relation to competent authorities as defined in point (ii) of Article 3(19).
Amendment 109 #
2016/0403(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
By 60 months after entry into force of this Regulation and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. This report shall contain an assessment of the appropriateness of introducing a European services e-card for other service activities. It shall contain an evaluation of Directive …….[ESC Directive]…in line with its Article 21e e-card shall not in any way replace or integrate control measures and national procedures that Member States have established in accordance with Directive 2014/67/EU.
Amendment 4 #
2016/0402(COD)
Proposal for a directive
–
–
The Committee on Legal Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 9 #
2016/0402(COD)
Amendment 11 #
2016/0402(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 17 #
2016/0402(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore notmay apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.
Amendment 23 #
2016/0402(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal serious breaches of requirements applicable in a host Member State, this cshould lead to the suspension or revocation of the European services e-card.
Amendment 29 #
2016/0402(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 35 #
2016/0402(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Host Member States should bare allowed to request clarifications or additional information from the home Member State before the issue of a European services e- card, essentially relevant for the assessment of whether there is a justified and proportionate need to object to temporary provision of services by the applicant in its territory or, for establishment, to assess just how many of its regulatory concerns are already suitably addressed by compliance of the applicant with home Member State's requirements. Over time, it is expected that Member States will gain a better knowledge of their respective regulatory frameworks in the sectors covered by the e-card that should lead to enhanced mutual trust and thus allow for a more expedient assessment to the benefit of applicants.
Amendment 41 #
2016/0402(COD)
Proposal for a directive
Recital 39
Recital 39
(39) A service provider should be allowed to apply for a European services e- card in the home Member State and have that application assess. A service provider should have that application substantially assessed and ultimately approved by the host Member State regarding the applicable conditions to provide services through a branch in the territory of that host Member State before that applicant is required to apply for registration of the future branch in that same host Member State. Thus, the applicant will be certain of the applicable sector-specific conditions and ultimately that it complies with them in a manner satisfactory to the host Member State before spending time and resources on requesting the registration of a branch in that host Member State for company law purposes. At the same time, the applicant will need to comply with national rules on registration of branches under company law to provide services through such a branch in compliance with EU law.
Amendment 45 #
2016/0402(COD)
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time period of 24 months and should be subject to checks and inspections every 6 months by the host Member State's authorities, without prejudice to, in relation to temporary cross- border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC.
Amendment 46 #
2016/0402(COD)
Proposal for a directive
Recital 43
Recital 43
(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should impact the validity of the e- card. In cases of fraud and falsified information, Member States shall put in place effective and dissuasive measures with respect for the principle of proportionality and the fundamental rights.
Amendment 56 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
This Directive shall be without prejudice to the different market models of the Member States, including labour markets regulated by collective agreements.
Amendment 57 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 b (new)
Article 2 – paragraph 3 – subparagraph 2 b (new)
The fundamental rights, such as the protection of personal data, the rights of establishment and the right to provide services in any Member State, the right to equality and non-discrimination on grounds of nationality, the right to an impartial, fair and reasonably speedy procedure, as well as the prohibition of abuse of rights, shall be fully respected.
Amendment 58 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive shall fully respect the principle of administrative and procedural autonomy of the Member States.
Amendment 69 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A host Member State shall notmay impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory.
Amendment 70 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A host Member State shall notmay impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory.
Amendment 71 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 75 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. The control measures related to posted workers laid down in Directive 2016/67/EU and in relevant legislation shall not be affected. Host Member States shall not be prevented from applying its national law and practice - including those laid down in collective agreements - on employment and working conditions.
Amendment 80 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration period of 24 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17and shall be subject to checks and inspections every 6 months by the host Member State's authorities.
Amendment 85 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onefour weeks of having received an application for a European services e-card:
Amendment 91 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Amendment 92 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Amendment 95 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 97 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. The procedure forA failure to provide the coordinating authority of the host Member State with requestinged clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4in due time shall lead to an expiration of the application.
Amendment 98 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
Amendment 99 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by two additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is no objection to the issue of the European services e-card to the applicant. A European Services e-card can only be issued to a provider with the active consent of the host Member State.
Amendment 101 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 102 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 103 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Amendment 104 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 6 – subparagraph 2
Article 12 – paragraph 6 – subparagraph 2
Amendment 107 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 109 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by two additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that the European services e- card shall be issued to the applicant.
Amendment 110 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within onefour weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 116 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, in due time whether to issue the European services e- card or reject the application for the European services e- card.
Amendment 117 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
The coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied. A failure to provide the coordinating authority of the host Member State with the requested clarification or additional information in due time shall lead to an expiration of the application.
Amendment 119 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
Clarifications and additional information shallmay be requested in accordance with the procedure laid down in accordance with paragraph 7.
Amendment 120 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 121 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Amendment 122 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 10 – subparagraph 1
Article 13 – paragraph 10 – subparagraph 1
Amendment 123 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 10 – subparagraph 2
Article 13 – paragraph 10 – subparagraph 2
Amendment 129 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 7 – subparagraph 1
Article 17 – paragraph 7 – subparagraph 1
Amendment 148 #
2016/0359(COD)
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) Under no circumstances should workers bear the burden of restructuring, insolvency and discharge procedures, and the debts due to them, such as unpaid wages, should always be satisfied first. In order to guarantee the continuity of production and employment and to better fight tactical or fraudulent practices by the management, workers should also be informed and consulted at the initial stage of restructuring, insolvency and discharge procedures.
Amendment 152 #
2016/0359(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) the obligations of over-indebted entrepreneurs and directors to creditors, workers, shareholders, other stakeholders and the relevant Member State(s)
Amendment 199 #
2016/0359(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Preventive restructuring frameworks may consist of one or more procedures or measures, duly negotiated and consulted with workers ‘representatives, who shall retain all rights of collective bargaining and industrial action. They shall also provide for procedures or measures aimed at the acquisition of the indebted enterprise by its workers, in accordance with the law of the relevant Member State.
Amendment 203 #
2016/0359(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shallmay put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate sowhile ensuring that rights of any affected parties are safeguarded.
Amendment 206 #
2016/0359(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Preventive restructuring frameworks shall be available on the application by debtors, or byby workers or by other creditors with the agreement of debtors.
Amendment 221 #
2016/0359(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that a creditors' committee is established. The committee shall include representatives of the main creditors and other stakeholders, including workers. The members of the creditor's committee shall support and monitor the insolvency administrator´s execution of his office. They shall demand information on the progress of business affairs, have the books and business documents inspected and the monetary transactions and the available cash verified.
Amendment 263 #
2016/0359(COD)
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Member States shall ensure that the matters covered by paragraphs 1 to 7 of this Article are without prejudice to the right of workers to collective bargaining and the right to collective action, including the right to strike.
Amendment 267 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) a valuation of the present value of the debtor or the debtor's business as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor;, including a description of any assets, debts, and their location, and including an evaluation of the financial obligations relating to and the financial flows towards and from the business' parent companies and subsidiaries, in order to estimate the financial capacity of the debtor´s economic group when joint responsibility may arise.
Amendment 277 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) workers' claims or other rights shall be treated taking into account that any financial claims by workers have full priority.
Amendment 289 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that affected parties are treated in separate classes which reflect the class formation criteria. Classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest. As a minimum, secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan. Member States mayshall also provide that workers are treated in a separate class of their own.
Amendment 290 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Workers' representatives shall be informed and consulted. They shall have the right to propose alternative plans in order to safeguard employment. They shall also have the right to request external expertise in order to formulate alternative plans or counter-proposals. Those plans shall be accorded the same status and consideration than any other plan or proposal.
Amendment 291 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. Restructuring plans shall not have a negative impact on occupational pension funds and schemes.
Amendment 294 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Where the necessary majority is not reached in one or more dissenting voting classes, the plan may still be confirmed if it complies with the cross-class cram-down requirements set out in Article 11. However, where they exist, collective agreements and the outcomes of collective bargaining shall be respected.
Amendment 303 #
2016/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
Amendment 305 #
2016/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point c b (new)
Article 10 – paragraph 2 – point c b (new)
(cb) that restructuring plans do not have the effect of perpetrating a fraud on creditors, workers, other stakeholder or the relevant Member State(s).
Amendment 313 #
2016/0359(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Amendment 336 #
2016/0359(COD)
Proposal for a directive
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(da) not to reduce intentionally the value of the company´s net assets below the level necessary to discharge accrued liabilities to workers
Amendment 337 #
2016/0359(COD)
Proposal for a directive
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(da) to comply with all their obligations to creditors, workers, other stakeholders, the state and its emanations, in accordance with national law.
Amendment 338 #
2016/0359(COD)
Proposal for a directive
Article 18 – paragraph 1 – point d b (new)
Article 18 – paragraph 1 – point d b (new)
(db) to complete an annual statement confirming their compliance with their legal obligations.
Amendment 343 #
2016/0359(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. A full discharge shall apply only where the indebted entrepreneur has complied with the requirements of Article 18 of this Directive. Entrepreneurs who violate employment and / or competition law shall be excluded from a full discharge.
Amendment 352 #
2016/0359(COD)
Proposal for a directive
Article 22 – paragraph 1 – point d a (new)
Article 22 – paragraph 1 – point d a (new)
(da) where entrepreneurs and/or their directors have acted in breach of their obligations under Article 18 of this Directive or where entrepreneurs and / or their directors have violated employment and / or competition law.
Amendment 355 #
2016/0359(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall ensure that any supervision of a decision under paragraphs 1 and 2 of this Article is carried out by a competent judicial or administrative authority to prevent any abuse on the part of entrepreneurs.
Amendment 358 #
2016/0359(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall encourage, by any means which they consider appropriate, the development of, and adherence to, voluntary codes of conduct bysure that practitioners in the field of restructuring, insolvency and second chance, as well as other effective oversight mechanisms concerning the provisions of such services comply with statutory codes of conduct, which shall at least include provisions on training, qualification, licensing, registration, personal liability, insurance and good repute.
Amendment 360 #
2016/0359(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Member States shall establish effective sanctions for breaches of the practitioners' obligations under this Article and other relevant legislation.
Amendment 366 #
2016/0359(COD)
Proposal for a directive
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) notifications to creditors; and workers´ representatives
Amendment 371 #
2016/0359(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) the number of job losses and the impact on workers conditions of restructuring agreements and insolvency procedures
Amendment 373 #
2016/0359(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g b (new)
Article 29 – paragraph 1 – subparagraph 1 – point g b (new)
(gb) the number of fraudulent restructuring and insolvency procedures and the functioning of enforcement mechanisms in place
Amendment 376 #
2016/0359(COD)
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Amendment 378 #
2016/0359(COD)
Proposal for a directive
Article 31 – paragraph 1 – point a a (new)
Article 31 – paragraph 1 – point a a (new)
(aa) Directive 2008/94/EC concerning the protection of employees in the event of insolvency of an employer.
Amendment 379 #
2016/0359(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. This Directive shall be without prejudice to workers' rights guaranteed by Directives 98/59/EC, 2001/23/EC, 2002/14EC, 2008/94/EC and 2009/38/EC and the European Charter of Fundamental Rights.
Amendment 28 #
2016/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes, including catch-up services, into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin as well as persons who study other languages than their mother tongue.
Amendment 38 #
2016/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance.
Amendment 62 #
2016/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.
Amendment 71 #
2016/0284(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary tof broadcasters and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.
Amendment 79 #
2016/0284(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. Theygiving access to television and radio content includeing services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ancillary online servicesThey include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, as well as material genuinely produced for the online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach all categories of audiences, the possibility to disseminate services designed specifically for the online environment is crucial. Therefore, the provision of access to individual works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under and webcasting are included in the scope of the definition of ancillary online service.
Amendment 87 #
2016/0284(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to facilitate the clearance of rights for the provision of ancillary online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.
Amendment 97 #
2016/0284(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version. online service is accessed and used, and all available language versions. In the case of radio programmes, payments for the use of protected works with Collective Management Organizations follow a different method, due to different business model from music-only services : radio is a mixture of audio content which is well- edited and well-produced. Content is Free-To-Air/Free-To-Access, transmitted via wired or wireless means-such as, first and foremost, broadcast, but also cable, satellite or online-and typically consists of talk, stories, entertainment, news and music. The payments done for the rights in question are usually set as a percentage of the radios´revenues. So, as long as the actual, real and proven cross border audience remains minimal, no additional aspect needs to be taken into account for the payment of the considered rights.
Amendment 116 #
2016/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. In order to adapt to the development of digital technologies and to the changing user behaviour, this mechanism should include the retransmission, in an unaltered manner, via the internet by over the top (OTT) service providers. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation if they can not to ensure a controlled environment, is limitncluding IP based, when compared for example to cich is given if the user group is definable orby a closed circuit IP-based networksuser group.
Amendment 140 #
2016/0284(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The technology neutral application of Directive 93/83/EEC should extend to the clarification of the application of the mandatory collective management rules to operators of retransmission services who pick up the broadcasters' signal through direct injection. In addition, it should be clarified that both broadcasters and operators of retransmission services have to obtain separate authorisations from rightholders for the act of communication to the public they perform jointly. Indeed, according to the Airfield CJEU judgment of 13 October 2011 (C-431/09 and C- 432/09), several different entities can jointly constitute the same act of communication to the public in an uninterrupted chain allowing the simultaneous, unaltered and unabridged transmissions and/or retransmissions of audiovisual programme-carrying signals, each entity being therefore responsible towards rightholders for its own intervention.
Amendment 156 #
2016/0284(COD)
Proposal for a regulation
Recital 14a (new)
Recital 14a (new)
(14 a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should not limit the choice of holders of rights to transfer their rights to a collective management organisation and thereby have a direct share in the remuneration paid by the operator of a retransmission service.
Amendment 165 #
2016/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.
Amendment 200 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;of linear and non-linear radio or television programmes including programmes provided before, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation.
Amendment 217 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) "direct injection" means a two- step process whereby broadcasting organisations transmit the signals carrying their television or radio programmes intended for the reception by the public to service providers through a point-to-point communication – by wire or over the air, including by satellite – in a way that the signals cannot be accessed by the public during this transmission. Service providers offer to the public these unaltered and unbridged programmes simultaneously by various techniques such as cable or microwave system, satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks
Amendment 238 #
2016/0284(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
Application of the principle of ‘country of origin’ to ancillary online services
Amendment 266 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) Paragraph 2 shall not apply to broadcasters of radio programmes.Instead, for broadcasters of radio programmes, the amount of the payment to be made for the rights subject to the country of origin principle as set in paragraph 1 shall be based on a percentage of the radios' revenues.
Amendment 270 #
2016/0284(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a 1.Collective management organisations should be given the possibility to include in existing licences delivered to radio broadcasters the necessary rights for broadcast-related online activities.Broadcast-related online activities can be defined as: - individual programmes or parts thereof which have been previously linearly broadcast by the radio broadcaster within a particular time period of the original linear broadcast (so called catch-up devices and podcasts), or - material which enriches or otherwise expands on a radio broadcaster´s programmes which have been the subject of a linear offline broadcast by that radio broadcaster, including by way of example material that extends or supplements or reviews or previews the relevant programmes' content or themes. 2.The licensing of rights for on- demand/catch up/podcast programmes of radio broadcasters shall be enabled through mandatory collective management of rights.These programmes shall not allow permanent downloads of, or access to, music track.
Amendment 280 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
(1 b) When an author has transferred his right to retransmission to a producer, he shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors
Amendment 306 #
2016/0284(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Exercise of the rights in retransmission by rightholders other than broadcasting organisations in a direct injection context Article 3 applies to service providers who transmit to the public television and radio programmes of broadcasting organisations received through direct injection, without prejudice of the authorisation that broadcasting organisations have to get from rightholders for the act of communication to the public they perform jointly with service providers.
Amendment 309 #
2016/0284(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
(1 a) Agreements imposing on broadcasters or retransmission services obligations, in respect of limiting passive sales, to act in violation of article 101(1) of the Treaty of Functioning of the European Union and Commission Regulation No 330/2010, shall be automatically void.
Amendment 311 #
2016/0284(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Amendment 104 #
2016/0280(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The exceptions and the limitation set out in this Directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand, and of users on the other. They can be applied only in certain special cases which do not conflict with the normal exploitation of the works or other subject- matter and do not unreasonably prejudice the legitimate interests of the rightholders. Such cases concern, in particular, access to education, knowledge and cultural heritage and as such, are generally in the public interest.
Amendment 112 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be requiredext and data mining allows for the reading and analysis of large amounts of digitally stored information to gain new knowledge and discover new trends.
Amendment 123 #
2016/0280(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research. Moreover, where researcherusers, including both public and private entities, as well as individuals have lawful access to content, for example through access to the internet or subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As both business and research isare increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research areaglobally will suffer unless steps are taken to address the legal uncertainty for text and data mining. It is important to recognize the potential of text and data mining technologies in enabling new knowledge, innovation and discovery in all fields and the role that those technologies have in the continuous development of the digital economy, providing for an exception for reproduction and the extraction of information for the purpose of text and data mining where there is lawful access.
Amendment 132 #
2016/0280(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Furthermore, there is widespread acknowledgement that access to information in a format which enables it to be subjected to text and data mining can, in particular, benefit the research community in its entirety including smaller research organisations, especially where there is no lawful access to content such as through subscriptions to scientific publications or open access licences. In the Union, research organisations such as universities and research institutes, as well as organisations such as libraries and cultural heritage institutions that support research, are confronted with challenges to gain lawful access to the volume of digitally stored information required for new knowledge to be sought by means of text and data mining. There are also many other types of content, such as trade publications, film, sound, the wider Internet, that are also the subject of analysis through text and data mining, where access can also be a problem, and where rightholders will be less able to create versions of their works in usable formats.
Amendment 139 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception for all persons, whether legal or natural, to the right of reproduction and also to the right to prevent extraction from a database. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnershipStakeholder dialogue aimed at expanding access to database purely for text and data mining purposes should be encouraged, where research organizations do not currently have legal access to original works.
Amendment 150 #
2016/0280(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 164 #
2016/0280(COD)
Proposal for a directive
Recital 13
Recital 13
(13) There is no need to provide for compensation for rightholders as regards uses under the text and data mining exception introduced by this Directive given that in view of the nature and scope of the exception the harm should be minimalre would be no unreasonable prejudice to the interests of right holders. Use under the text and data mining exception would also not conflict with the normal exploitation of the works in a way that calls for separate compensation.
Amendment 173 #
2016/0280(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utito uneven applizcation of a substantial part of its contents for the purpose of illustration for teaching. Tacross EU Member States, the scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamper the development of digitally- supported teaching activities and distance learning. Therefore, the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject-matter in digitall teaching activities, including online and across borders.
Amendment 180 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher educationrecognized by the Member State in which they are established in primary, secondary, vocational and higher education as well as libraries or other public and non - profit institutions providing non-formal or informal cultural and other education, to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 195 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digitall uses of works and other subject- matter, digital or otherwise, such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject- matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including organizations such as libraries and other cultural heritage institutions providing non-formal or informal education, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 203 #
2016/0280(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Different arrangements, based on the implementation of the exception provided for in Directive 2001/29/EC or on licensing agreements covering further uses, are in place in a number of Member States in order to facilitate educational uses of works and other subject-matter. Such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education. Whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross-border teaching activities, the modalities of implementation may differ from a Member State to another, to the extent they do not hamper the effective application of the exception or limitation or cross-border uses. This should allow Member States to build on the existing arrangements concluded at national level. In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences, covering at least the same uses as those allowed under the exception. This mechanism would, for example, allow giving precedence to licences for materials which are primarily intended for the educational market. In order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments, Member States adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject-matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemeAs such, any other compensation mechanisms should be limited to cases where there is a risk of unreasonable prejudice to the legitimate interests of right-holders.
Amendment 212 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation as well as reproductions for other purposes such as insurance and rights clearance and including long-term and cross border loans.
Amendment 215 #
2016/0280(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Different approaches in the Member States for acts of preservation, including reproduction by cultural heritage institutions, research organizations and educational establishments, hamper cross- border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market, leading to an inefficient use of resources. The collections of cultural heritage institutions, research organizations and educational establishments, if not unique, are likely to be replicated and sit in other institutions, including those in other Member States. Cultural heritage institutions, research organizations, and educational establishments could also want to create cross border preservation networks, to use resources effectively.
Amendment 219 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions, research organizations and educational establishments to reproduce works and other subject-matter permanently in their collections for preservation purposes, for example to address technological obsolescence or the degradation of original supports or for the purpose of digitalization, research or education. Such an exception should allow for the making of copies by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only. Such an exception should cover in particular both cultural heritage institutions, including archeological or other museum institutions of universities and colleges holding the works or other subject-matter, and third party cultural heritage institutions or service providers, which could be requested to perform the act of reproduction on behalf of a cultural heritage institution, research organization or educational establishment, within the scope of the exception.
Amendment 228 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or, held on long term loan or are permanently held by the cultural heritage institution, research organization, or educational establishment, for example as a result of a transfer of ownership or licence agreements.
Amendment 253 #
2016/0280(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licences for out-of-commerce works to extend to the rights of rightholders that are not represented by the collective management organisationcultural heritage institutions, research organizations or educational establishments to disseminate their out of commerce collections, in accordance to their legal traditions, practices or circumstances. Such mechanisms canshould allow rightholders to exclude their works and could include extended collective licensing and presumptions of representation, and limitations and exceptions where: a) no collective management organizations exist b) a collective management organization is unable to achieve sufficient representativity, or c) a collective management organization is unable to offer adequate licenses to cultural heritage institutions for the types of works and other subject matter held in their collections.
Amendment 259 #
2016/0280(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works. In order to reflect the specificities of different categories of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms. It is appropriate that Member States consult rightholders, cultural heritage institutions, users and collective management organisations when doing so.
Amendment 261 #
2016/0280(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) Given the existence of divergences between collective management practices across Member States and creative and cultural sectors, a solution needs to be provided for where licensing mechanisms are not effective solutions, because of, for example, a lack of collective licensing or the fact that no collective management organization has been able to achieve recognition in a Member State or for a sector. In such instances, where licensing mechanisms are lacking, it is necessary to provide for an exception that allows cultural heritage institutions, research organizations, and educational establishments to make out of commerce works held in their collection available online. Nevertheless, in doing so, it is also necessary to provide authors and performers with the possibility to provide collective licenses or to form a collective management organization as well as to involve them in the determination of whether such licenses are available or not. Therefore, right-holders should be able to object to the dissemination of their works online in this way.
Amendment 310 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 357 #
2016/0280(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) In its ruling in Case 174/15 (VOB vs Stichting Leenrecht), the Court of Justice recognised that the lending of e- books can fall under the same rules as the lending of physical books. When Member States apply the limitation to copyright under Article 6 of the rental and Lending Directive, libraries are able to buy any physical book on the market. Once purchased, they can lend it without restrictions linked to contract terms or other measures of protection which prevent the exercise of exceptions and limitations to copyright. These provisions should also apply to e-books. Moreover, with the objective of ensuring that all citizens of the European Union have access to a full selection of books and other resources, all Member States should ensure that the limitation to the exclusive public lending right in Article 6 of the Rental and Lending Directive is mandatory.
Amendment 362 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it. As a result this transfer of value undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice for new and innovative legitimate services in the European Digital Single Market and puts at risk cultural and creative industries.
Amendment 392 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 406 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service provider plays athe application of Article 14 of the Directive 2000/31/EC, it is necessary to verify whether the role played by the service provider is an active role. An active role, including by optimisinges, inter alia, optimization for the purpose of the presentation by the service of the uploaded works or subject-matter or their promoting themon by the service, irrespective of the nature of the means used therefor. The service providers that play such an active role are ineligible for the liability exemption of such Article 14.
Amendment 452 #
2016/0280(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) The market for content recognition technologies is already well developed and destined to grow in a data based economy. Existence and competition of such technology solution providers are therefore supposed to ensure affordable and easy access for all interested parties, including SMEs, regardless of their size, fully respecting all the fundamental rights. However, without clear legislative obligations to use such technologies, the player in the market and especially the dominant ones, refuse regularly to use such tools that are appropriate for licensing and rights management purposes.
Amendment 500 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – introductory part
‘research organisation’ means a university, a research institute or any other organisation the primary goal of which is to conduct and support scientific research or to conduct scientific research and provide educational services:
Amendment 504 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point a a (new)
Article 2 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) "person" means a public or private entity or an individual.
Amendment 513 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) "beneficiary" means any individual or entity, public or private, with lawful access to content;
Amendment 545 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4 (1) of Directive 2009/24/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject- matter to which they have lawfully access for the purposes of scientific researched.
Amendment 546 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall encourage rightholders who market works or other subject- matter primarily for research purposes, to allow research organisations, not having lawful access to those works or other subject - matter to access datasets that enable them to carry out only text and data mining. Member States may also provide for rightholders to have a right to request compensation for meeting this obligation as long as this compensation is reasonable. Member States shall promote stakeholder dialogue between the rightholders for other formats and types of content, research organisations and representatives of users in order to promote meaningful access to usable information for text and data mining elsewhere.
Amendment 551 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Rightholders shall not be allowed to apply measures to prevent or hinder beneficiaries from benefiting from the exception provided for in paragraph 1, unless such measures are to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted may be applied. Such measures shall not go beyoexceed what is necessary to pursue the objective of ensuring the security of the system and wshat is necessary to achieve that objectivell not undermine the effective application of the exception. These measures shall not prevent or unreasonably restrict the ability to text and data mine or the ability to develop text and data mining tools different from those offered by the right holders as long as the security of the networks and databases are protected.
Amendment 560 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall encourage rightholders and research organisations to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3to make technological measures that might have an impact upon use of the exception provided for in paragraph 1, transparent to the public.
Amendment 569 #
2016/0280(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Use of works and other subject-matter in digital and cross-border teaching activities
Amendment 590 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or other educational venue, such as cultural heritage institutions, research organizations, or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff;
Amendment 609 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 638 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1.Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, research organizations or educational establishments to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservationreproduction, for the purpose of, individually or collaboratively with others, carrying out their public interest mission in preservation, research, culture, education and teaching.
Amendment 655 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable.
Amendment 662 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1. Member States shall provide for a limitation to the rights provided in Article 1 of Directive 2006/115/EC in order to allow for the lending of literary and/or scientific works in any format to the public, including remotely, where these have been legitimately acquired. This is without prejudice to the provisions of Articles 6(2) and 6(3) of that Directive. 2. Any contractual provision contrary to the exception provided in paragraph 1 of this Article shall be unenforceable. 3. Member States should authorise legal circumvention of TPMs that restrict the exercise of lawful exceptions and limitations, including the derogation/exception for "public lending". 4. Without prejudice to the provisions of paragraphs 1 and 2 of this Article, Member States, libraries, authors and publishers shall work together to ensure that libraries can acquire and lend in reasonable terms, including remotely, all commercially available literary or scientific works in any format, including digital, that have legally entered their collections or to which they have legal access. The Commission shall report on progress towards this goal no later than 2 years after ....(the date of entry into force of this Directive).
Amendment 665 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall provide for an exception that grants the right to reproduce works permanently located in public spaces by way of still or moving images and to distribute and communicate to the public such images in full or in parts.
Amendment 721 #
2016/0280(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Exploitation of audiovisual works on video-on-demand platforms 1. Member States shall ensure that producers and the transferees of the rights make their best efforts to make European audiovisual works on at least one video-on-demand platform. 2. Member States shall take appropriate measures to ensure the application of paragraph 1, including by encouraging the conclusion of professional agreements between representative organisations of authors and representative organisations of producers and other stakeholders, as well as video-on-demand platforms in a larger of continuous exploitation of audiovisual works.
Amendment 875 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Unwaivable right to remuneration Member States shall ensure that when an author has transferred or assigned his making available right to a producer, that author shall retain the right to obtain equitable remuneration. This right is unwaivable and inalienable. This right can be entrusted to collective management organisations representing authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to authors for their making available right.
Amendment 878 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers, who are in a contractual relationship where there are ongoing payment obligations, receive on a regular basis and no less than once a year and taking into account the specificities of each sector, timely, adequate and sufficient, accurate and comprehensive information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, or their successors in title, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 903 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate high level of transparency in every sector, as well as authors' right to audit. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, under the condition that the level of disproportionality is duly justified, and provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 917 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performanceshall ensure that the representative organizations of relevant stakeholders determine sector- specific standard reporting statements and procedures and foster in particular automated processing making use of digital technologies and international identifiers of works.
Amendment 924 #
2016/0280(COD)
Proposal for a directive
Article 15 – title
Article 15 – title
Amendment 925 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1 Member States shall ensure that authors and performers are entitled to a proportionate and equitable remuneration of the revenues derived from the exploitation of their works. Member States shall also ensure that representative organizations of authors and performers, whether collective management organizations, unions or guilds, and representative organizations of users, set standards for equitable and proportionate remuneration of authors and performers for the use of their works and performances, taking into account the specificities of each sector.
Amendment 935 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to requestclaim additional, appropriate remunerationequitable contractual adjustments from the party with whom they entered into a contract for the exploitation of the rights, or their successors in title, when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from theall forms of exploitation, direct or indirect of the works or performances. Authors and performers may individually or collectively appoint a representative organization to file such claim on their behalf.
Amendment 948 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 (new)
Article 15 – paragraph 1 – subparagraph 1 (new)
Where a performer has transferred or assigned an exclusive right of making available on demand, and independent of any agreed terms for such transfer or assignment, the performer shall have the right to obtain an equitable remuneration to be paid by the user for the making available to the public of his fixed performance. The right of the performer to obtain an equitable remuneration for the making available to the public of his performance shall be unwaivable and collected and administrated by a performer´s collective management organisation.
Amendment 949 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The transfer of licensing of exclusive economic rights in a given work or performance may not include or be deemed to include rights that do or did not exist at the time of the signature of the contractual arrangement. In addition, the scope of such transfer or licensing may not include or may not be deemed to have included territories, formats, modes of exploitation, technologies or any other aspect that do or did not exist at the time of the signature of the contractual arrangement.
Amendment 953 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Member States shall provide authors and performers with a reversion right to enable them to terminate a contract in case of insufficient exploitation and promotion, payment of the remuneration foreseen, as well as insufficient or lack of regular reporting.
Amendment 962 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 mayshall be submitted to an voluntary, alternative dispute resolution procedure. The author´s or the performer´s contractual counterpart shall take part, in good faith, in the dispute resolution procedure.
Amendment 967 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Proceedings in respect of a dispute may also be brought on behalf of authors and performers by their representative organizations, whether collective management organizations, unions or guilds.
Amendment 17 #
2016/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject-matter, authorisMember States should facilitate the agreement of best practice guidelines between representative groups of authorized entities - which engage in the production, distribution or making available of accessible format copies should comply with certain obligation-, users and rightholders.
Amendment 22 #
2016/0279(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Member States should not impose additional conditions on recourse to the exception(s) contained in this regulation, including, but not limited to, compensation schemes or prior verification of the commercial availability of accessible format copies.
Amendment 31 #
2016/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. An authorised entity established in a Member State carrying out the acts referred to in Articles 3 and 4 shall establish and follow its own practices to ensure that:
Amendment 39 #
2016/0279(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. The obligations incumbent on authorised entities set out in this Article shall be applied respecting the principle of proportionality.
Amendment 61 #
2016/0278(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Any contractual provision contrary to the exception provided for in the first paragraph of this Article shall be unenforceable.
Amendment 31 #
2016/0190(CNS)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to enhance judicial cooperation in civil matters having cross- border implications, judicial training, especially in cross border family law, is needed. Training activities, such as seminars and exchanges, are required at both Union and national level, in order to raise awareness of this regulation, its content and consequences, as well as to build mutual trust in each other's national judicial systems.
Amendment 41 #
2016/0190(CNS)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation should fully respect all the rights set out in the Charter of Fundamental Rights of the European Union ('the Charter'), and especially the right to an effective remedy and to a fair trial (Article 47 of the Charter), as well as the right to the respect for private and family life (Article 7 of the Charter) and the rights of the child (Article 24 of the Charter).
Amendment 58 #
2016/0190(CNS)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The role of mediation should be increased, especially in relation to the hearing of the child, with a view to resuming basic forms of communication between the child's caregivers involved in the dispute. Also in view of an increase in cross-border custody disputes across the European Union, where no international framework is available, as a result of the recent migration inflows, mediation is often proven the only legal means to help families reach a sustainable solution on family disputes.
Amendment 59 #
2016/0190(CNS)
Proposal for a regulation
Recital 27 b (new)
Recital 27 b (new)
(27b) In order to offer an effective alternative to court proceedings in national or international matters of family disputes, the mediators involved need to have undergone appropriate specialised training; the training should cover, in particular the legal framework of cross- border family disputes, intercultural competence and tools to manage high conflict situations, always having regard to the best interest of the child. Training for judges in the Member States should also address how to encourage parties to engage in mediation an early as possible and how to incorporate mediation into court proceedings without causing unnecessary delay.
Amendment 83 #
2016/0190(CNS)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Communication between judges, public authorities, central authorities, professionals assisting the parents and between the parents themselves should be promoted by all means, taking into account, among others, that a decision that the child should not return may violate the basic rights of the child to the same extent as a decision to return it.
Amendment 85 #
2016/0190(CNS)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) Where the interests of the child so require, judges should communicate directly with Central Authorities or competent courts in other Member States.
Amendment 138 #
2016/0190(CNS)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
In all proceedings falling under the scope of this Regulation, authorities shall examine whether mediation would be a viable option for the parties involved.
Amendment 144 #
2016/0190(CNS)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
When applying Articles 12 and 13 of the 1980 Hague Convention, the court shall ensure that the child is given the opportunity to express his or her views in accordance with Article 20 of this Regulation, as well as in accordance with Article 12 of the UN Convention on the Rights of the Child and Article 24(1) of the Charter of Fundamental Rights of the European Union.
Amendment 174 #
2016/0190(CNS)
Proposal for a regulation
Article 63 – paragraph 1 – point g
Article 63 – paragraph 1 – point g
(g) ensure that where they initiate or facilitate the institution of court proceedings for the return of children under the 1980 Hague Convention, the file prepared in view of such proceedings, save where exceptional circumstances make this impossible, is complete and submitted to the court or other competent authority within six weeks.
Amendment 33 #
2016/0152(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 , Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, unjustified geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. _________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 38 #
2016/0152(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of ensuring the good functioning of the internal market, the targeted measures set out in this Regulation, which provide for a clear, uniform and effective set of rules on a selected number of issues, are therefore required. These measures should maintain a balance between consumer protection and economic and contractual freedom for traders.
Amendment 88 #
2016/0152(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason. Furthermore, the application of this regulation should not prevent Member States from applying their fundamental rules and principles relating to the freedom of expression and freedom of press.
Amendment 96 #
2016/0152(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) This Regulation should not restrict the entrepreneurial freedom and freedom of contract enshrined in Article 16 of the Charter of Fundamental Rights of the European Union.
Amendment 45 #
2016/0151(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol to all individuals and to society as a whole, Member States should encourage audiovisual media service providers to limit the exposure of viewers to products containing alcohol. As the rules applicable to tobacco prohibit the advertisement of such products due to their harmful effects, the same rules should be applied to alcoholic products.
Amendment 89 #
2016/0151(COD)
Proposal for a directive
Recital 36
Recital 36
(36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level advice to the Commission on implementation matters. This calls for the formal recognition and, reinforcement and further clarification of its role in this Directive. The group should therefore be re- established by virtue of this Directive.
Amendment 98 #
2016/0151(COD)
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure non-discriminatory discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.
Amendment 120 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or beliefe, colour, ethnic or social origin, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
Amendment 125 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2010/13/EU
Article 6a a (new)
Article 6a a (new)
(9a) the following Article 6aa is inserted: Article 6aa 1. Without prejudice to Articles 12, 13, 14 and 15 of Directive 2000/31/EC, Member States shall ensure, by appropriate means, that media service providers and video-sharing platform providers under their jurisdiction do not contain: (a) programmes and user-generated videos containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, descent or national origin; (b) programmes or user-generated videos which may impair the physical, mental or moral development of minors. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. This can be achieved by selecting the time of their availability, age verification tools or other technical measures. 2. What constitutes an appropriate means for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, shall be proportionate to the potential harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the providers and the users having created and/or uploaded the content as well as the public interest and respect communicative freedoms. Providers shall provide sufficient information to viewers about such content, preferably using a system of descriptors indicating the nature of the content. The liability regime of Articles 12, 13, 14 and 15 of Directive 2000/31/EC shall not be put at risk by such means.
Amendment 132 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars. The WHO nutrient profile model shall be used as guidance when defining which foods and beverages can or cannot be advertised.
Amendment 139 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Commercial communications for alcoholic beverages and gambling activities shall be kept to a minimum. Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages. Those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beveragesin order to achieve this objective.
Amendment 144 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 13
Article 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Product placement shall be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children's audience, in particular children's programmes.
Amendment 145 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 13
Article 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 149 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 14
Article 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 1
Article 12 – subparagraph 1
Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, mental or moral development of minors, such as advertising for alcoholic beverages or gambling, are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 160 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 17
Article 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daihourly proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00 shall not exceed 20 % of advertising in a given hour.
Amendment 166 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 17
Article 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 176 #
2016/0151(COD)
Proposal for a directive
Article 1 – point 19
Article 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) make their platform accessible in a consistent and adequate way for users´ perception, operation and understanding, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level. While user-generated content is exempted from this requirement, Member States shall ensure that video-sharing platform providers facilitate the necessary authoring tools for users to create and share accessible content.
Amendment 128 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data. The Agency should also develop information material, in close cooperation with the relevant authorities of the Member States. The Agency should be responsible for the transfer of applicants for, or beneficiaries of, international protection, under this Regulation.
Amendment 135 #
2016/0133(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the results of the evaluation undertaken of the implementation of Regulation (EU) 604/2013 , it is appropriatenecessary, at this stage, to confirm the principles underlying Regulation (EU) No 604/2013, while making the necessary improvements, in the light of experience, to the effectiveness of the Dublin system and the protection granted to applicants under that system. Based on this evaluation and on consultation with Member States, the European Parliament and other stakeholders, it is also considered appropriate to establish in the Regulation measures required for adesign a new system in full respect of Article 78(1) TFEU based on a genuine link approach and fair share of responsibility and solidarity between Member States for applications for international protection, in particular to ensure that a disproportionate burden is not placed upon some Member States.
Amendment 151 #
2016/0133(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The processing together of the applications for international protection of the members of one family by a single Member State makes it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. The processing together of the applications of a family is without prejudice to the right of an applicant to lodge an application individually.
Amendment 158 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodged his or heran application for international protection, unless it is demonstrat and is present, provided that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individualised guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise. Any decision on responsibility in accordance with this Regulation concerning an unaccompanied minor should be preceded by a multidisciplinary assessment of his or her best interests which shall involve, at a minimum, his or her guardian and legal advisor or counsellor.
Amendment 166 #
2016/0133(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined Member State should be able to derogate from the responsibility criteria in particular on humanitarian grounds, and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 169 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 181 #
2016/0133(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Different categories of applicants have differing information needs and information will therefore have to be provided in different ways and be adapted to those needs. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation. Providing accurate, high-quality information to both accompanied and unaccompanied minors in a child-friendly environment can play an essential part both in providing a good environment for the minor but also in order to identify cases of any form of exploitation or violence, including trafficking in human beings.
Amendment 185 #
2016/0133(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examinemay be competent of his or her asylum application; of his or her rights and obligations under this Regulation and of the consequences of not complying with them. The applicant should be fully informed about his or her right to legal assistance and an effective remedy. The information to the applicant should be provided in a language that he or she understands, in a concise, transparent, intelligible and easily accessible form.
Amendment 190 #
2016/0133(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible on the basis that he has a family member or, for unaccompanied minors, a relative in another Member State. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 193 #
2016/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 206 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.
Amendment 214 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. An allocation mechanism based on genuine links complemented by a corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 217 #
2016/0133(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Member States should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. Applicants in vulnerable situations should have their applications and transfer prioritised.
Amendment 225 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a thresholdmechanism, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which asolidarity. The application of the corrective mechanism should be triggered where the Member State is responsible exceeds 150% of the figurcould not be identified in the reference keytermined under Chapter III of this Regulation. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 235 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) When the allocationcorrective mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated togiven the choice between the different Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, listed under Chapter III determine that a different Member State should behave been responsible.
Amendment 244 #
2016/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Under the allocation mechanism, tThe costs of transfer of an applicant to another Member State of allocation should be reimbursed from the EU budget.
Amendment 250 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 259 #
2016/0133(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 261 #
2016/0133(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 266 #
2016/0133(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The application of this Regulation can be facilitated, and its effectiveness increased, by the support of the European Agency for Asylum as well as bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of requests to take charge or take back, or establishing procedures for the performance of transfers.
Amendment 267 #
2016/0133(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 271 #
2016/0133(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 275 #
2016/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the periodicity and modalities for providing information to applicants on the progress in the procedures under this Regulation concerning them, the identification of family members or relatives or any other family relations of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person; standard operating protocols for transnational cooperation regarding the best interests of the child assessment and best interests determination and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 8 of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 . In particular, tTo ensure equal participation in the preparation of delegated acts, the European Parliament and Council should receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. .
Amendment 282 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Reguladetermination of the Member State responsible per this Regulation and in particular verify a swift access of applicants to procedures for granting international protection.
Amendment 288 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, including stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and who is not national of a State which participates in this Regulation by virtue of an agreement with the Union;
Amendment 291 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, who has made an application for international protection in respect of which a final decision has not yet been taken;
Amendment 294 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 297 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant arrived on the territory of the Member States , the following members of the applicant’s family who are present on the territory of the Member States:
Amendment 303 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 310 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 316 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or herthe beneficiary of international protection whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 329 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent or cousin or nephew or niece who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 331 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, below the age of 18 years;
Amendment 334 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
Article 2 – paragraph 1 – point k a (new)
(ka) 'sponsor' means a national of a Member State, or a third country national authorized by a Member State to stay in its territory as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, or an entity registered according to the delegated act referred to in Article 14(4).
Amendment 335 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) ‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in this Regulation or during the examination of an application for international protection or an application for a residence permit;
Amendment 345 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q – introductory part
Article 2 – paragraph 1 – point q – introductory part
(q) ‘'resettled person’' means a person subject to thea process of resettlement whereby, on a request based on a person's need for international protection and coming from the United Nations High Commissioner for Refugees (‘'UNHCR’) based on a person’s need for international protection'), third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses:
Amendment 365 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because the applicant is affected by a serious disease or inability and the transfer would expose him/her to a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining State shall assume the competence to examine the application.
Amendment 369 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 379 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 383 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 398 #
2016/0133(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The applicant shall submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. ll the available elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible only insofar as they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, Member States shall take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.
Amendment 405 #
2016/0133(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 431 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection, except when provided under the terms of Article 36;
Amendment 432 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) of the right to provide information on any meaningful links with a Member State for the purpose of determining that Member State as responsible for examining the application for international protection;
Amendment 436 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined , in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;
Amendment 442 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) that a Member State may decide to apply the discretionary clauses under Article 19, as well as of the specific modalities relating to this procedure;
Amendment 449 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility to challenge a transfer decision within 7 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon and the right to have an effective remedy before a court or tribunal in accordance with Article 28, including in a situation where no transfer decision is taken;
Amendment 457 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(ia) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 460 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand, in a concise, transparent, intelligible and easily accessible form, using clear and plain language. With regard to minors and, in particular, to unaccompanied minors, the information shall be provided in a child-friendly manner by appropriately trained staff. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose.
Amendment 463 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment. It may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a responsible Member State in accordance with this Regulation. In the case of minors, information shall be provided in a child- friendly manner by appropriately trained staff and with the involvement of the guardian.
Amendment 464 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Where necessary for the proper understanding of the applicant, the information shall also be supplied orally, for example in connection with the personal interview as referred to in Article 7. This information shall be adapted to the individual circumstances of the applicant.
Amendment 465 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt implementing acts to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 472 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed upon their own request on the progress of the procedures carried out under this Regulation with regard to their application. In the case of minors, the competent authorities shall inform both the minor and the guardian.
Amendment 476 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant, unless the applicant has absconded or the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 6.
Amendment 483 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is and in which he or she is able to communicate. Interviews with minors shall be conducted in a child-friendly manner in the presence of the guardian and, where applicable, to communicatehe legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview, and to an intercultural mediator.
Amendment 488 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for effectively presenting all elements that would allow for the determination of the Member State responsible.
Amendment 494 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the legal advisor or other counsellor who is representing the applicant have timely access to the summary.
Amendment 502 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’s file including the specific leafletinformation material for unaccompanied minors. The guardian shall be appointed as soon as possible but at the latest within 5 days from the date of arrival.
Amendment 506 #
2016/0133(COD)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercising their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child.
Amendment 507 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 511 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 513 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) the guarantee of a handover to a designated guardian in the receiving Member State;
Amendment 514 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)
Article 8 – paragraph 3 – point c b (new)
(cb) the information provided by the guardian in the Member State where the minor is present.
Amendment 515 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)
Article 8 – paragraph 3 – point c c (new)
(cc) situations of vulnerability, including abuse, trauma, specific health needs and disability.
Amendment 519 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of allocationAny decision on the Member State responsible or, where applicable, on the Member State of allocation concerning an unaccompanied minor shall be preceded by a multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall involve competent staff with expertise in child rights, psychology and development and shall involve, at a minimum, the minor's guardian and legal advisor or counsellor. Before any transfer of an unaccompanied minor takes place, the transferring Member State shall make sureobtain individual guarantees that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor to another Member State shall be preceded by an assessment of his/ or her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration, carried out by the competent judicial or administrative authority according to the national law of the Member State.
Amendment 524 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 537 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter.
Amendment 544 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. In view of the application of the criteria referred to in Articles 10a to 14a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 546 #
2016/0133(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 563 #
2016/0133(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Family members 1. If a family member of the applicant, irrespective of the fact that the family already existed in the country of origin, is a national of a Member State, or is a third country national authorized by a Member State to stay in its territory as an asylum seeker, or as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, such Member shall be responsible for examining the application for international protection. The persons concerned must express their consent in writing. 2. Where the applicant is an unaccompanied minor, the determining Member State shall always conduct a previous assessment of the best interests of the minor. 3. Where the applicant is an unaccompanied minor and family members as referred to in paragraph 1 stay in more than one Member State, the Member State responsible shall be decided on the basis of what is in the best interests of the unaccompanied minor, after having heard his or her opinion. 4. The identification of family members and the criteria for establishing the existence of proven family links are established according to the procedure described in Article 24.
Amendment 565 #
2016/0133(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 568 #
2016/0133(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Relatives 1. If a relative of the applicant is a national of a Member State, or is a third country national authorized by a Member State to stay in its territory as an asylum seeker, or as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, such Member shall be responsible for examining the application for international protection, subject to the following conditions: - the persons concerned must express their consent in writing; - it is established, based on an individual examination, that the relative can take care of the applicant until the final decision on his or her claim for international protection [under Article 4 (d) of proposal for a new Procedures Regulation, 2016/0224 (COD)].
Amendment 569 #
2016/0133(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 573 #
2016/0133(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 582 #
2016/0133(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Meaningful links with a Member State 1. An applicant shall be allocated to a Member State other than the one where he or she first has lodged his or her application for international protection, where the former State is determined according to one of the following situations: a) a sponsor expresses the intention and holds the capacity to take care of the applicant until the final decision on his or her claim for international protection [under Article 4 (d) of proposal for a new Procedures Regulation, 2016/0224 (COD)] and can cover the travel costs to the country of nationality in the case that the claim is not accepted with a final decision and a return decision is adopted; b) the Member State has released to the applicant a valid residence document, or the applicant held in the past a residence document for a stay not inferior to one year in that country for work, study or research purposes. This does not apply if the residence document was revoked or not renewed for reasons of public security or public order; c) the applicant holds academic or professional diplomas or qualifications released by the authorities of one Member State, or by a third State in the framework of programs of international cooperation in the field of education or training managed, promoted or financed by a Member State, including but not limited to bilateral agreements of mutual recognition of diplomas or qualifications. d) the applicant holds a satisfactory knowledge of one of the official languages of a Member State, to be ascertained through certificates or a linguistic test. 2. The assessment of the recurrence of the requisites spelled in paragraph 1 is conducted according to the procedure described in Article 24. 3. A delegated act adopted according to the procedure described in Article 57(2) shall determine: - the formalities and the eligibility requisites to be satisfied by a sponsor under paragraph 1(a), and the other necessary implementing measures; - the implementing measures for the situations under paragraph 1(b), 1(c), 1(d).
Amendment 585 #
2016/0133(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 597 #
2016/0133(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Fallback criterion 1. If the conditions laid down in Articles 10a to 14a are not met, the determining State shall consult the automated system referred to in Article 44(1) in order to identify the Member States with the lowest number of applicants in proportion to their share of the fair distribution. 2. Applicants shall choose the Member State responsible among the 5 Member States with the lowest number of applicants in proportion to their share of the fair distribution at the moment when the determining State consulted the automated system.
Amendment 598 #
2016/0133(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 600 #
2016/0133(COD)
Proposal for a regulation
Article 17
Article 17
Application in an international transit Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.rticle 17 deleted area of an airport
Amendment 605 #
2016/0133(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of origininsofar as the family ties already existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 619 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The Member State in which an application for international protection is madelodged and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a Member State responsible has been determined , request another Member State to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family or cultural considerations even where that other Member State is not responsible under the criteria laid down in Articles 10 to 13 and 18. The persons concerned must express their consent in writing.
Amendment 646 #
2016/0133(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The process of determining the Member State responsible shall start as soon as an application for international protection is first lodged with a Member State , provided that the Member State of first application is not already the Member State responsible pursuant to Article 3(4) or (5) .
Amendment 653 #
2016/0133(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1 (new)
Article 21 – paragraph 5 – subparagraph 1 (new)
That obligation shall cease where the Member State responsible can establish that the applicant has in the meantime left the territory of the Member State for a period of three months or has obtained a residence document from another Member State. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 662 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The Member State with which the application is lodged shall search the VIS pursuant to Article 21 of Regulation (EC) 767/2008. Where a hit in the VIS indicates that the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application, the Member State shall indicate the visa application number and the Member State, the authority of which issued or extended the visa and whether the visa has been issued on behalf of another Member State.
Amendment 668 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The automated system referred to in Article 44(1) shall indicate in real time:
Amendment 677 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Amendment 678 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where a Member State with which an application for international protection has been lodged considers that another Member State is responsible for examining the application, it shall , as quickly as possible and in any event within onthree months of the date on which the application was lodged within the meaning of Article 21(2), request that other Member State to take charge of the applicant.
Amendment 680 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
The Member State with which an application for international protection has been lodged shall conduct a procedure to ascertain the occurrence of prima facie indications to determine the Member State responsible in accordance with Article 10a, 11a, 12a or 14a.
Amendment 682 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
Amendment 685 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Amendment 687 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
Amendment 688 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 689 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. In establishing whether there are sufficient indications that the applicant has the relevant connections in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members, of relatives and of the other meaningful links as spelled out in Article 14a. The determining State shall also ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State.
Amendment 690 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
2 b. The determining Member State shall ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members, relatives or other meaningful links under Article 14a, unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members, of relatives or of other meaningful links under Article 14a in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that such Member State is the competent one.
Amendment 692 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 2 d (new)
Article 24 – paragraph 2 d (new)
2 d. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 3 shall make the determination of whether the conditions for establishing its responsibility in accordance with Article 10a, 11a, 12a or 14a are met. If it is determined that such conditions reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure laid down in Article 24a.
Amendment 693 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 2 e (new)
Article 24 – paragraph 2 e (new)
2 e. The authorities responsible of the Member State where the applicant claims to have family members, relatives or other meaningful links, shall assist the competent authorities of the determining Member State in confirming the links to the Member State.
Amendment 700 #
2016/0133(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
Submitting a take back notificationrequest when a new application has been lodged in the requesting Member State
Amendment 703 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In a situation referred to in Article 20(1)(b), (c), (d) or (e) the Member State where the person is present shall make a take back notificationrequest at the latest within two weeks after receiving the Eurodac hit, and transfer that person to the Member State responsible .
Amendment 708 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1 a. Where the take back request is not made within the periods laid down in paragraph 1, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 713 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The Member State responsible shall confirm immediately the receipt of the notificationrequest to the Member State which made the notificationrequest.
Amendment 715 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notifications requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 719 #
2016/0133(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Replying to a take back request 1. The requested Member State shall make the necessary checks and shall give a decision on the request to take back the person concerned as quickly as possible and in any event no later than one month from the date on which the request was received. When the request is based on data obtained from the Eurodac system, that time limit shall be reduced to two weeks. 2. Failure to act within the one month period or the two weeks period mentioned in paragraph 1 shall be tantamount to accepting the request, and shall entail the obligation to take back the person concerned, including the obligation to provide for proper arrangements for arrival.
Amendment 732 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new4
Article 28 – paragraph new4
Amendment 742 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 1
Article 28 – paragraph 7 – subparagraph 1
Member States shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved. Member States may provide that, as regards fees and other costs, the treatment of applicants shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 772 #
Amendment 781 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocationcorrective mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionateresponsible for a number of applications for international protection founder wthich it is the Member State responsible under this Regulations Regulation that is higher than the reference number for that Member State.
Amendment 786 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. During the application of the mechanism in accordance with paragraph 1, the benefitting Member State shall be relieved of its obligations under Article 20. The determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 791 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 15075% of the reference number for that Member State as determined by the key referred to in Article 35.
Amendment 810 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
6. Upon the notification referred to in paragraph 5, the allocationcorrective mechanism shall apply.
Amendment 835 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 853 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they arttribution of competences under Articles 10a and 14a shall be adjusted in the following terms: - if more Member States would be responsible under Article 10a or 14a, applicants shall be able to choose the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. - if there is not another Member State that could be responsible under Article 10a or 14a, the responsible Member State shall be awarded a financial contribution under Article 37.
Amendment 855 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to inWhere the threshold referred to in Article 34(2) is reached, the attribution of competence under Article 34(5)11a shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible;djusted in the following terms: - if more Member States would be responsible under Article 11a, the one which is under its share shall become the competent State; - if there is not another Member State that could be responsible under Article 11a, the responsible Member State shall be awarded a financial contribution under Article 37.
Amendment 858 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Where the threshold referred to in Article 34(2) is reached, the attribution of competence under Article 12a shall be adjusted in the following terms: - if the minor expressed the desire to be allocated to another Member State which is under its share and this is not against his/her best interest, this State becomes the competent State; - if the minor does not express any preference, the State competent under Article 12a shall be awarded a financial contribution under Article 37.
Amendment 860 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 2 b (new)
Article 36 – paragraph 2 b (new)
Amendment 861 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 2 c (new)
Article 36 – paragraph 2 c (new)
2c. Where according to 36(2b) the benefiting State refuses to assume competence, and no other Member State could be responsible or accepts responsibility under Article 19 (2a), Article 16 shall apply.
Amendment 863 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 865 #
2016/0133(COD)
Amendment 886 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may, at the end of the three-month period after the entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not take part which under Article 35 is obliged to retain competence or voluntarily assumes it, notwithstanding the corrective allocation mechanism set out in Chapter VII of this Regulation as a Member State of allocation and notify this to the Member States, the Commission and the European Union Agency for Asylumfulfilment of its share, shall receive a lump sum of 10.000 euros by the general budget of the Union for any applicant exceeding its share.
Amendment 893 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The automated system referred to in Article 44(1) shall in that case apply the reference key during this twelve- month periodcosts to transfer an applicant to those Member States with a number of applications for which they are the Member States responsible below their shar under the corrective mechanism by the pEursuant to Article 35(1), with the exception of the Member State which entered the informatopean Union Agency for Asylum shall be met by the general budget of the Union, as well as the benefitting Member State. The automated system referred to in Article 44(1) shall count each application which would have otherwise been allocated to the Member State which entered the information pursuant to Article 36(4) for the share of that Member Statend be refunded by a lump sum of EUR 300 for each person transferred pursuant to Article 38(c).
Amendment 899 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 979 #
2016/0133(COD)
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43 a Relationship with Regulation (EU) 2016/1624 Any measures taken in accordance with Article 19(1) of Regulation (EU) 2016/1624 shall be without prejudice to the application of the present Regulation.
Amendment 997 #
2016/0133(COD)
Proposal for a regulation
Article 52
Article 52
Amendment 1012 #
2016/0133(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Regulation (EU) No 604/2013 is repealed for the Member States bound by this Regulation as concerns their obligations in their relations between themselves.
Amendment 39 #
2016/0107(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) Tax avoidance and tax evasion, along with profit-shifting schemes, have deprived governments and populations of the necessary resources to, among other things, guarantee universal free access to public education and health services and state social services, as well as depriving states of the possibility of ensuring a supply of affordable housing and public transport, and of building infrastructure that is essential in order to achieve social development and economic growth. In short, these schemes have been a factor of injustice, inequality and economic, social and territorial divergences.
Amendment 40 #
2016/0107(COD)
Proposal for a directive
Recital -1 a (new)
Recital -1 a (new)
(-1a) A fair and effective corporate tax system should respond to the urgent need for a progressive and fair global tax policy, promote the redistribution of wealth and combat inequalities.
Amendment 44 #
2016/0107(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In recent years, the challenge posed by corporate income tax avoidance has increased considerably and has become a major focus of concern within the Union and globallyparticularly after the revelations concerning various tax scandals, corporate income tax avoidance has been on the agenda and has sparked strong and justified demands for governments, both nationally and within the framework of international cooperation, to take practical and effective action to put an end to this phenomenon. The European Council in its conclusions of 18 December 2014 acknowledged the urgent need to advance efforts in the fight against tax avoidance both at global and Union level. The Commission in its communications entitled ‘Commission Work Programme 2016 - No time for business as usual’16 and ‘Commission Work Programme 2015 - A New Start’17 identified as a priority the need to move to a system whereby the country in which profits are generated is also the country of taxation. The Commission also identified as a priority the need to respond to our societies’ call for fairness and tax transparency. Despite all the intentions expressed, however, there is an urgent need for action. __________________ 16 COM(2015) 610 final of 27 October 2015. 17 COM(2014) 910 final of 16 December 2014.
Amendment 78 #
2016/0107(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The public should be able to scrutinise all the activities of a group when the group has certain establishments within the UnionEuropean Union Member States. For groups which carry out activities within the UnionEuropean Union Member States only through subsidiary undertakings or branches, subsidiaries and branches should also publish and make accessible the report of the ultimate parent undertaking. However for reasons of proportionality and effectiveness, ta report. The obligation to publish and make accessible the report should be limited to medium-sized or largeapplies to all subsidiaries established in the Union, or branchEuropean Union Member States, ofr a comparable sizell branches opened in a Member State. The scope of Directive 2013/34/EU should therefore be extended accordingly to branches opened in a Member State by an undertaking which is established outside the UnEuropean Union and which has a consolidated net turnover exceeding EUR 40 million.
Amendment 169 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point a
Chapter 10 a – Article 48 c – paragraph 2 – point a
(a) a brief description of the nature of the activities carried out by each entity, together with a breakdown of the respective areas of business, functions and geographical location;
Amendment 92 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 - paragraph 1 - subparagraph 1 - point c
Article 3 - paragraph 1 - subparagraph 1 - point c
(c) remunerationminimum rates of pay, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 99 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 - paragraph 1 - subparagraph 2
Article 3 - paragraph 1 - subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, inthe concept of minimum rates of pay referred to in point (c) of the first subparagraph is defined by the national law and/or practice of the Member State to whose territory the worker is posted.
Amendment 106 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 - subparagraph 3
Article 3 – paragraph 1 - subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerminimum rates of pay and the method of calculation in accordance with point (c) of the first subparagraph.
Amendment 3 #
2016/0062(NLE)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the right to equal treatment and to non-discrimination is a defining fundamental right which is recognised in the Treaties;
Amendment 7 #
2016/0062(NLE)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas according to the European Added Value Assessment, the annual cost to the EU of violence against women and gender-based violence was estimated at EUR 228 billion a year, of which EUR 45 billion a year was in the form of spending on public and state services and EUR 24 billion in lost economic output;
Amendment 8 #
2016/0062(NLE)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the Commission stressed in its strategic engagement for gender equality 2016-2019 that violence against women and gender-based violence, which damages women´s health and wellbeing, working lives, financial independence and the economy, is one of the key problems to be addresses in order to achieve genuine gender equality;
Amendment 13 #
2016/0062(NLE)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas during the meeting in Valetta on 3 February 2017 the Council Presidency, the Commission and the European Parliament committed themselves to zero tolerance to violence against women and girls;
Amendment 24 #
2016/0062(NLE)
Draft opinion
Point iii a (new)
Point iii a (new)
(iiia) Recognises that domestic violence affects women disproportionately, but men and children may also be victims of domestic violence, including as witness of violence in the family;
Amendment 29 #
2016/0062(NLE)
Draft opinion
Point v a (new)
Point v a (new)
(va) Calls on the Commission and the Council to ensure that Parliament will be fully engaged in the Convention´s monitoring process following the EU accession to it;
Amendment 13 #
2016/0050(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Boatmasters sailing in circumstances presenting a particular safety hazard should hold a specific authorisationcertificate, in particular, for sailing large convoys, sailing liquefied natural gas- fuelled vessels, sailing in conditions of reduced visibility, sailing on waterways with a maritime character or sailing on waterways with specific risks for navigation. In order to obtain such authorisationcertificate, boatmasters should be required to demonstrate additional competences.
Amendment 1 #
2015/2353(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the full involvement of the whole Parliament in the interinstitutional debate on the role, structure, goals, priorities and results of the multiannual financial framework (MFF) in accordance with its mandate adopted by the plenary;
Amendment 8 #
2015/2353(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for a genuine revision of the MFF, encompassing the financial means made available under the current framework; notes the deployment of the special and flexibility tools in order to respond to the exceptional and unforeseen circumstances the Union is facing; calls for even greater flexibility in order to deal adequately with such circumstances; stresses, however, that in tackling new challenges the EU must not prejudice the allocation of resources for cohesion purposes; underlines that any increase of flexibility should go hand in hand with a stronger parliamentary control; expresses its deep concern for the increased recourse to ad hoc financial instruments in the field of external action, since they undermine, as currently arranged, the unity of the EU budget and the community method; stresses, therefore, the need to fully involve the European Parliament in the adoption, management and control of these instruments and to allocate, during the revision of the MFF, more resources in the relevant headings in order to enable the EU to provide a more structured response to the current humanitarian crisis and, at the same time, to preserve and guarantee the prerogatives of the European Parliament as co-legislator;
Amendment 14 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers it necessary to reform the system of financing of the MFF, particularly through the creation of new and genuine own resources, e.g. the already by the Commission proposed financial transaction tax (FTT); urges the Council to commit to reflecting on this issue, without prejudice to the final report from the High-Level Group on Own Resources; also urges the Council to reflect on the establishment of a fiscal capacity within the eurozone in order to assist Member States in the implementation of agreed structural reformscreasing their public investment; underlines that any new instrument should be placed to ensure the needed parliamentary control and transparency within the EU budget, but above the ceilings of the MFF, and financed from real own resources;
Amendment 25 #
2015/2353(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 1 #
2015/2340(INI)
Draft opinion
Citation 1 (new)
Citation 1 (new)
- Having regard to the 1951 Geneva Convention relating to the Status of Refugees
Amendment 6 #
2015/2340(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. Whereas over the three-year period 2010-2012, 69 % of registered victims of trafficking in human beings (THB) were trafficked for sexual exploitation, 19 % for forced labour, and 12 % for other forms of exploitation such as removal of organs or criminal activities; whereas women account for 67 % of registered victims of THB in this period, men for 17 %, girls for 13 % and boys for 3 %; whereas different forms of trafficking need to be addressed with specific and tailored policy measures;
Amendment 7 #
2015/2340(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. Whereas the closing of the external borders of the European Union makes people more vulnerable to traffickers and exploitation;
Amendment 8 #
2015/2340(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. Whereas a new form of trafficking for ransom emerged in the Sinai, especially involving Eritrean refugees, and has, according to estimates by the study "The Human Trafficking Cycle: Sinai and Beyond" by Wolf Legal Publisher, affected 25.000-30.000 people, causing the death of 5.000-10.000 persons, and whereas the torture for extortion has deeply traumatised those directly affected and their families and communities;
Amendment 9 #
2015/2340(INI)
Draft opinion
Recital E (new)
Recital E (new)
E. Whereas the victims of Sinai trafficking have not received any specific attention nor protection by EU Member States, lack official papers and urgently need care for physical and mental trauma;
Amendment 29 #
2015/2340(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that, according to Directive 2011/36/UE Member States should encourage and work closely with civil society organisations, including recognised and active non-governmental organisations in this field working with trafficked persons, in particular in policy- making initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of anti-trafficking measures. Furthermore, NGOs should also assist with the regards to early identification of, assistance to and support for victims;
Amendment 34 #
2015/2340(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to work closely with Europol, Eurojust and each other in order to investigate the financial aspects and the laundering of money in human trafficking cases. Member States should strengthen cooperation to freeze and confiscate the assets of individuals involved in trafficking as this could be an effective mean to change the THB from a "low risk-high profit" business to a "high risk-low profit" one;
Amendment 36 #
2015/2340(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Member States to establish as a criminal offence the use of trafficked services and exploitation; in accordance with Article 2(3) of Directive 2011/36/UE the term exploitation covers, as a minimum, sexual exploitation or prostitution, forced labour or services (including begging, slavery and exploitation of criminal activities) and the removal of organs;
Amendment 37 #
2015/2340(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that migrant smuggling and THB are different phenomena but that the former can easily turn into the latter when smuggled adults and children into the EU end up as victims of THB; urges the competent authorities in the Member States to pay attention to this overlap during their police, judicial-cooperation and law- enforcement activities;
Amendment 43 #
2015/2340(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes the development of a new form of human trafficking where individuals are being trafficked for ransom with severe torture practices; notes that this new form of commoditisation of human beings is characterised by extortion, beatings and rape as a means to enforce payment of debts from family and relatives residing inside and outside the EU;
Amendment 44 #
2015/2340(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls the EU and its Member States to recognise human trafficking for ransom with torture practices as a form of human trafficking; considers that the severely traumatised survivors should be recognised as victims of a form of prosecutable human trafficking and receive protection, care and support1a ; __________________ 1aThis new type of trafficking has already been introduced by the EP "resolution of 10 March 2016 on the situation in Eritrea", Paragraph T
Amendment 60 #
2015/2340(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes, following UNHCR's guidelines on international protection, that the status of victims of THB and of refugees are closely linked since inherent in the trafficking experience are such forms of severe exploitation as abduction, incarceration, rape, sexual enslavement, enforced prostitution, forced labour, removal of organs, physical beatings, starvation, deprivation of medical treatment. Since such acts constitute serious violations of human rights which generally amount to persecution, said victims of trafficking should benefit from the same guarantees provided by the Qualifications Directive (2011/95/EU);
Amendment 62 #
2015/2340(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Member States to implement the principle of non- refoulement in their anti-trafficking directives as is the case in the UN Trafficking Protocol and the CoE Trafficking Convention and in accordance with States obligations under international refugee law and international human rights law;
Amendment 63 #
2015/2340(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes that, according to IOM, return of migrants and refugees carries inherent security risks of re-trafficking that must be identified, assessed and mitigated since the risk posed to trafficked migrants by their exploiters often increases when they have managed to escape, interacted with law enforcement officials, or have testified in court 1a ; __________________ 1aSee p.23 of International Organization for Migration (IOM), "Counter Trafficking and Assistance to Vulnerable Migrants Annual Report of Activities 2011"
Amendment 71 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls Member States in this regard to facilitate family reunification for victims of trafficking to extended family members and to remove discriminatory requirements and limitations (e.g. age or time limitations, minimum income requirements above minimum wage);
Amendment 76 #
2015/2340(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates its call for the systematic inclusion of binding, enforceable and non-negotiable human rights clauses in the EU's international agreements, including trade and investment agreements concluded or to be concluded with third countries;
Amendment 80 #
2015/2340(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Reiterates that the Generalised System of Preferences was aimed at ensuring that beneficiary countries respect the principles of international human rights conventions and core labour standards, and includes a special scheme of supplementary tariff preferences to promote the ratification and effective implementation of core international conventions on human and labour rights, environmental protection and good governance; reiterates that failure to comply with these conditions can lead to a trading arrangement being suspended; stresses the importance of regular monitoring and assessment of the implementation of international conventions by countries benefiting from GSP+;
Amendment 85 #
2015/2340(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Deems it necessary to harmonise and strengthen guardianship system in EU Member States to prevent unaccompanied and separated children from falling into the hands of organised trafficking organisations; calls the Commission to fully implement the action plan on unaccompanied minors for 2010-2014 and to propose specific tools in collaboration with Member States to introduce minimum common standards based on best practices regarding the mandate, functions, quality and skills of the guardians;
Amendment 89 #
2015/2340(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Considers that safe and legal ways of entry to the EU would decrease vulnerability and trafficking in human beings;
Amendment 91 #
2015/2340(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Recommends to the international community to give particular attention to the issue of THB in crisis environments, such as environmental disasters and armed conflicts, as well as in countries where human rights are severely violated and where people have no choice but to leave the country, in order to decrease victims' vulnerability to traffickers and other criminal networks;
Amendment 94 #
2015/2340(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Recognises the importance and the role of information and communications technologies in THB. Technology is used to facilitate recruitment and exploitation of the victims, but can also be used as a tool to prevent THB. More research should focus on the role of information and communications technologies in THB;
Amendment 3 #
2015/2329(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes warmly the 2 791 applications submitted under the Europe for Citizens programme in 2015, and suggests in accordance with article 11 of the Treaty on European Union, which introduces an important dimension of participatory democracy, increasing participation in the coming years by making promotional campaigns for domestic media setting out clear information on the priorities and accessibility of the programme; proposes allowing applicants to use e-participation tools;
Amendment 8 #
2015/2329(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that this programme should contribute to citizens' understanding of the Union, its history and diversity as well as to foster European citizenship and to improve conditions for civic and democratic participation at Union level; moreover it should raise awareness of remembrance, common history and values and of the Union's aim to promote peace, ensuring in general a broader understanding of the history of the European Union and its origins also in the aftermath of two world wars; it should also encourage democratic and civic participation of citizens at Union level, by developing citizens' understanding of the Union policy making-process and promoting opportunities for societal and intercultural engagement and volunteering at Union level; this could be achieved for example by organising promotional awareness campaigns, stimulating debate, reflection and development of networks;
Amendment 15 #
2015/2329(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that the objectives of the Europe for Citizens programme are similar and complementary to those of the European Citizens’ Initiative, in particular the aspiration to get citizens involved in EU work; believes, for that reason, that efforts should be made to link up the twose or other related programmes, possibly by means of exchanges of experience;
Amendment 24 #
2015/2329(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that participation in the programme by countries seeking EU membership would lead to better mutual understanding and closer cooperation; proposes, therefore, that thought should be given to promoting projects involving cooperation between EU NGOs and NGOs from Eastern Partnership countries and other countries seeking EU membership in order to bring EU closer to citizens.
Amendment 2 #
2015/2326(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Interinstitutional Agreement on better law-making,
Amendment 3 #
2015/2326(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to Rule 52 and 132(2) of its Rules of Procedure,
Amendment 10 #
2015/2326(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Article 51 CFREU limits Member States' obligation of compliance with the Charter to situations where they are implementing EU law, but does not provide for such a limitation of the obligations stemming from the Charter for EU institutions, bodies, offices or agencies;
Amendment 11 #
2015/2326(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas, in the context of the recent financial crisis, Member States have had to take measures jeopardising primary EU law, most notably provisions on protection of social and economic rights;
Amendment 11 #
2015/2326(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that it would be positive if the Member States should expressed their political concerns at an early stage rather than postponing the timely transposition of Union law; however, being able to express their objections on important issues is an essential element of liberty for the Member States and the citizens of Europe;
Amendment 15 #
2015/2326(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that proper and transparent monitoring of the application of Union law by the Commission is an integral part of the Commission’s Better Regulation Agenda and believes that as in interinstitutional agreements, different institutional powers and prerogatives must be exercised as transparently as possible, always taking into account not only citizens’ interests but also applying consequently the principle of subsidiarity according to Art. 5 of the Treaty on European Union.
Amendment 20 #
2015/2326(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. BelievStresses that Parliament should play a more structured role in the analysis of how accession countries and countries with association agreements with the European Union comply with EU law;
Amendment 32 #
2015/2326(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that this ex post evaluation does not replace the Commission's duty to monitor in an effective and timely fashion the application and implementation of EU law, and notes that Parliament could assist in reviewing the implementation of legislation through its scrutiny of the Commission;
Amendment 47 #
2015/2326(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that in a European Union founded on the rule of law and on the certainty and predictability of laws, EU citizens must, as of right, be the first to be made aware, in a clear, accessible, transparent and timely manner (via the internet and by other means), whether and which national laws have been adopted in transposition of EU laws, and which national authorities are responsible for ensuring they are correctly implemented;
Amendment 55 #
2015/2326(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 57 #
2015/2326(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Considers that Member States under economic adjustment programmes should still be able to fulfil their obligation to respect social and economic rights;
Amendment 58 #
2015/2326(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls that the EU institutions, even when they act as members of groups of international lenders ('troikas'), are bound by the Treaties and the Charter of Fundamental Rights of the European Union;
Amendment 59 #
2015/2326(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
Amendment 4 #
2015/2283(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the package of better regulation measures adopted on 19 May 2015; believes howeverby the Commission on 19 May 2015; reiterates the view it has repeatedly expressed that the material criteria necessary for a consistent preventive examination of the subsidiarity and proportionality of EU legislation do not currently exist and emphasises the need for these criteria, which are indispensable for establishing the existence of a violation of the subsidiarity and proportionality principles should be proposed, to be given specific form at EU level;
Amendment 5 #
2015/2283(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Better regulation for better results - An EU agenda COM(2015) 215, 19.5.2015,
Amendment 13 #
2015/2283(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas subsidiarity and proportionality are key considerations in the context of retrospective evaluations, which assess whether EU actions are actually delivering the expected results in terms of efficiency, effectiveness, coherence, relevance and EU added value;
Amendment 14 #
2015/2283(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas assessments of subsidiarity and proportionality are integral and permanent parts of the EU policy-making;
Amendment 20 #
2015/2283(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the decrease in the number of reasoned opinions received from national parliaments in 2014; takes note of the Commission’s view that, far from reflecting a decrease in interest on their part, this might be the result of the declining number of legislative proposals from the Commission; urges for the immediate initiation of a dialogue between national parliaments and the Commission, seeking to clarify the reasons for this decrease;
Amendment 28 #
2015/2283(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the significant decrease of 76% in the number of reasoned opinions received from national parliaments in 2014 compared to the number of reasoned opinions received in the previous year (88 in 2013); points out, however, that such a decrease might be as a result of the declining number of legislative proposals by the Commission and not of a loss of interest on the part of national parliaments; draws attention to the fact that in 2014 no Commission proposal received a sufficient number of reasoned opinions to trigger the ‘yellow’ or ‘orange card procedures’ under Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 33 #
2015/2283(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned by the fact that some national parliaments and more specifically the Austrian Bundesrat, the Czech Senát and the Croatian Hrvatski Sabor have highlighted that, in a number of the Commission’s legislative proposals, the justification of subsidiarity and proportionality is insufficient or non- existent in substance; stresses, in this connection, the need for the European institutions to make it possible for national parliaments to scrutinise legislative proposals by ensuring that the Commission provides detailed and comprehensive grounds for its legislative decisions on subsidiarity and proportionality, in accordance with Article 5 of Protocol No 2 to the TFEU;
Amendment 37 #
2015/2283(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that in Member States with a federal state structure, regional legislators have an important role to play in the preventive review of EU legislation, but their involvement through Protocol No 2 on the application of the principles of subsidiarity and proportionality has hitherto only been inadequately addressed; expresses its astonishment that the Commission clearly intends to abandon the forms of direct communication between the Commission and the regions with legislative powers that were established on the basis of the Commission communication 'A Citizen's Agenda: Delivering results for Europe' [COM/2006/0211] and to resort to a formalised procedure pursuant to Article 6 of Protocol No 2; calls on the Commission to maintain and develop regular and direct consultation with legislators at regional level in the framework of the 'political dialogue';
Amendment 39 #
2015/2283(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the period of eight weeks given to national and regional parliaments to issue a reasoned opinion under Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality should be extended significantlyto at least 12 weeks;
Amendment 53 #
2015/2283(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the reports made by a number of national parliaments, especially the Danish Folketing, the Dutch Tweede Kamer and the UK House of Lords, as a valuable contribution to the debate on the role of national parliaments in the EU decision-making process and takes note of the proposals included therein; notes, in this connection, that these reports suggest that reasoned opinions should not only concern compliance with the principle of subsidiarity, but also compliance with the principle of proportionality and the legal basis for the proposal; believes that the practicability of these proposals depends on a revision or amendment of the Treaties and the Protocols thereto; encourages other national parliaments to share their views on the role that national parliaments should play in the EU decision-making process;
Amendment 57 #
2015/2283(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the reports made by a number of national parliaments as a valuable contribution to the debate on the role of national parliaments in the EU decision-making process and takes note of the proposals included therein; notes, in this connection, that these reports suggest that reasoned opinions should not only concern compliance with the principle of subsidiarity, but also compliance with the principle of proportionality and the legal basis for the proposal; believes that the practicability of these proposals depends on a revision or an amendment of the Treaties and the Protocols thereto; encourages other national parliaments to share their views on the role that national parliaments should play in the EU decision-making process;
Amendment 60 #
2015/2283(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the Commission should provide an adequate response to the request by a number of national chambers for a stronger subsidiarity control procedure; supports the request made by some national chambers to play a more crucial role, by proposing that the Commission should be bound to withdraw or amend its proposal when a yellow card is triggered; believes, at the same time, that the idea of a ‘green card’ should be considered as one means of raising the participation and activity of national parliaments in the EU legislative process.
Amendment 82 #
2015/2283(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to systematically carry out enhanced proportionality assessments with detailed evaluations of the different legislative options at its disposal, explaining sufficient why each legislative initiative is needed, why it is the best tool for the EU to use, what stakeholders think and what the likely environmental, social and economic impacts are, particularly those on public interests, competitiveness and small and medium-sized enterprises, including a more thorough explanation of how the initiative meets the twin tests of subsidiarity (why the goal cannot be achieved by the Member States alone) and proportionality (why the measure proposed does not go further than what is needed to meet its goal), so as to discard alternatives with a disproportionate impact or which are unnecessarily burdensome on the individuals and undertakings concerned, in particular SMEs, and to provide a sufficiently detailed description of all the different alternatives that had been considered so as to allow better scrutiny of its proposals on proportionality grounds; considers that the enlargement of the scope of reasoned opinions so as to include respect of the principle of proportionality would be desirable;
Amendment 110 #
2015/2283(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Highlights that legislation should be comprehensible and clear, allow parties to easily understand their rights and obligations, include appropriate reporting, monitoring and evaluation requirements, avoid disproportionate costs, and be practical to implement;
Amendment 7 #
2015/2258(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises the relevance of anutmost importance of an effective individual complaints mechanism for the protection of rights encompassed in the Convention; calls, in this connection, on the Council to ratify the Optional Protocol without delay;
Amendment 12 #
2015/2258(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to make a comprehensive review of EU legislation in order to ensure that it fully complies with the CRPD and to make appropriate changes where necessary;
Amendment 21 #
2015/2258(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the difficulties that persons with disabilities still face in accessing justice; recalls that the right to access to justice is a core fundamental right and an essential component of the rule of law; calls on the Member States to take action in order to provide full procedural accommodation for such persons; considers that the Commission should consider including specific training programmes on the CRPD in the 2014- 2020 EU Justice Programme; suggests that EU courts should apply their internal rules and instructions in a way that facilitates access to justice for persons with disabilities;
Amendment 3 #
2015/2254(INL)
Draft opinion
Indent 1 – paragraph 1
Indent 1 – paragraph 1
1. Expresses the view that the Member States of the European Union should move towards a shared culture of the meaning of the rule of law in the 28 Member States to be applied by all concerned even-handedlyRecalls that the Union is founded on common principles such as respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and that both all the EU institutions and bodies and the 28 Member States are legally obliged to protect and promote these principles;
Amendment 5 #
2015/2254(INL)
Motion for a resolution
Citation 2
Citation 2
— having regard to the preamble to the Treaty on European Union (TEU), in particular the second, fourth, fifth and seventh recitals thereof,
Amendment 17 #
2015/2254(INL)
Draft opinion
Indent 1 – paragraph 2
Indent 1 – paragraph 2
2. Considers that the procedure undermechanisms provided for in Article 7 TEU are de facto unusable being essentially based on difficult political agreements between Member States; emphasizes that the Article 7258 TFEU is virtually unusableprovides for the European Parliament no possibility of infringement proceedings before the ECJ; notes that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions with the EU's values and fundamental valuerights;
Amendment 22 #
2015/2254(INL)
Draft opinion
Indent 1 – paragraph 3
Indent 1 – paragraph 3
3. Takes note of the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; and looks to the formulation of common ground as between these different rule of law mechanisms; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).
Amendment 36 #
2015/2254(INL)
Draft opinion
Indent 1 – paragraph 4
Indent 1 – paragraph 4
4. Considers it important to work towards a new consensus between the EU and its Member States with the aim of promoting democracy, the rule of law and fundamental rights, proceeding from the basis that unless extreme care is taken, there will always be a danger ofhat the EU and its Member States fully adhere to the wording of the Treaties, namely for instance articles 2, 3, 6, 7 and 13 TEU, with the aim of promoting democracy, the rule of law and fundamental rights, in all their politicising legalityes and actions;
Amendment 39 #
2015/2254(INL)
Draft opinion
Indent 1 – paragraph 4 a (new)
Indent 1 – paragraph 4 a (new)
4a. Following the view already expressed by the European Parliament in its Resolution of 27 February 2014 on the situation of fundamental rights in the European Union (2012), considers it necessary to abolish article 51 of the Charter of fundamental rights of the European Union in order to enhance its field of application and make all the dispositions of the Charter directly applicable in the Member States;
Amendment 52 #
2015/2254(INL)
Draft opinion
Indent 2 – paragraph 6
Indent 2 – paragraph 6
6. Recommends the establishment on an specialized EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders; considers that this would, however, require a Treaty changee required Treaty change to be a lengthy but necessary procedure under the light of the common efforts to defend EU's democratic principles;
Amendment 58 #
2015/2254(INL)
Draft opinion
Indent 2 – paragraph 6 a (new)
Indent 2 – paragraph 6 a (new)
6a. Considers it necessary to go beyond these mechanisms as enshrined in Article 7 TEU and Article 258 TFEU in order to set-up a single, comprehensive and legally binding instrument addressing all the possible infringements of the rule of law and fundamental rights committed both by Institutions, formal and informal bodies, offices and agencies of the European Union, and the Member States and giving to the European Parliament, the European Commission and the Council the same right to appeal in the European Court of Justice;
Amendment 63 #
2015/2254(INL)
Draft opinion
Indent 2 – paragraph 7
Indent 2 – paragraph 7
Amendment 67 #
2015/2254(INL)
Draft opinion
Indent 2 – paragraph 7 a (new)
Indent 2 – paragraph 7 a (new)
7a. Recommends to set-up, under article 352 of the TFEU, a politically independent body of experts in the field of fundamental rights acting, within the revised mechanism on democracy, the rule of law and fundamental rights, as the monitoring body of the situation of human rights and the rule of law both in the Union as a whole and in its individual Member States;
Amendment 72 #
2015/2254(INL)
Draft opinion
Indent 2 – paragraph 9
Indent 2 – paragraph 9
9. Recommends the organisation of an annual pan-EU parliamentary debate on democracy, the rule of law and fundamental rights as part of a multi- annual structured dialogue between the European Parliament and the, national parliaments, on the one hand, and the Commission and the Council, on the other;
Amendment 76 #
2015/2254(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union is a community of values, based on democracy, the rule of law and fundamental rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership; whereas the full respect and promotion of those principles is the essential prerequisite for the legitimacy of the European project as a whole and the basic condition for building citizens' trust in the EU;
Amendment 76 #
2015/2254(INL)
Draft opinion
Indent 2 – paragraph 10
Indent 2 – paragraph 10
10. Recommends that the pan-EU parliamentary debate is organised in such a way that it can involve setting goals to achieve and provide the means to measure changes from one year to another.; also recommends the acceleration of relevant procedures in order to create such means, which will not only allow the immediate and effective monitoring of annual changes, but will also ensure the compliance with commitments by all relevant parts;
Amendment 79 #
2015/2254(INL)
Draft opinion
Indent 2 – paragraph 10 a (new)
Indent 2 – paragraph 10 a (new)
10a. Recommends the organisation of an annual "European Justice Summit" focused on democracy, the rule of law and fundamental rights, bringing together representatives of the European Parliament, the Commission, the Council, the Court of Justice, the European Court of human rights, the Council of Europe, the EU Agency for fundamental rights and of the national supreme courts, in order to promote a structured and permanent pan-European dialogue in this field;
Amendment 83 #
2015/2254(INL)
Motion for a resolution
Recital A a (new)
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;
Amendment 93 #
2015/2254(INL)
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries are obliged to upholdrespect, 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;
Amendment 96 #
2015/2254(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, according to, amongst others, Protocol n. 24 to the Treaties, recital 10 of Decision 2002/584/JHA and the case-law of the ECtHR ("M.S.S. v. Belgium and Greece") and ECJ ("N.S. and M.E.", "Aranyosi and Căldăraru"), Member States, including the national courts, have an obligation to refrain from implementing EU law vis-à-vis other Member States in the event that there is a clear risk of serious breach or a serious and persistent breach of the rule of law and fundamental rights in the latter States;
Amendment 119 #
2015/2254(INL)
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions may not impedethe principle of equality and non-discrimination is a universal principle and it represents the common thread of all EU's policies and activities; whereas respect for this principle should lead the Union to promote and adopt a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF) throughout the EU;
Amendment 138 #
2015/2254(INL)
Motion for a resolution
Recital H
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 structuris a key aspect of the rule of law and it is essential reforms 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;
Amendment 141 #
2015/2254(INL)
Motion for a resolution
Recital H a (new)
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;
Amendment 194 #
2015/2254(INL)
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used being based on difficult political agreements between the Member States and the EU institutions; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries;
Amendment 219 #
2015/2254(INL)
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of the residents ofanyone who is in that Member State;
Amendment 229 #
2015/2254(INL)
Motion for a resolution
Recital U
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 uphelrespected, protected and promoted throughout the Union;
Amendment 264 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 2016, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto and with a view to extend this Pact also to all European Institutions and bodies;
Amendment 269 #
2015/2254(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recommends that the Commission engages in a meaningful dialogue with civil society and ensures that its contributions are clearly taken into account in the proposal;
Amendment 277 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Uniono all the acts of the European Commission, the European Parliament, the Council of the EU and the European Council;
Amendment 284 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recommends furthermore that the EU Pact for DRF include the regular monitoring of the compatibility of the international agreements ratified by the Member States and the Union with the European and international provisions regarding the protection and promotion of human rights;
Amendment 289 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Expresses once again its deep concern for the lack of transparency and democratic accountability that characterises the Eurogroup; recommends that the EU Pact for DRF also apply to this body;
Amendment 290 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Recalls that the Commission, as guardian of the Treaties, has the duty to monitor and assess the correct implementation of the EU law and the respect of the principles and objectives enshrined in the Treaties by the Member States and by all the EU institutions and bodies; recommends, therefore, to take into consideration this task of the Commission in assessing its compliance with DRF through the DRF Scoreboard;
Amendment 292 #
2015/2254(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present, by June 2017 at the latest, a new draft agreement for the accession of the Union to the ECHR, taking into account the Opinion 2/13 of the Court of Justice of the European Union (CJEU) of 18 December 2014providing positive solutions to the objections raised by the Court of Justice of the European Union (CJEU) in its Opinion 2/13 of 18 December 2014; furthermore, asks the Commission to start negotiations with the Council of Europe for the accession of the EU to the European Social Charter;
Amendment 296 #
2015/2254(INL)
Motion for a resolution
Paragraph 3 a (new)
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;
Amendment 321 #
2015/2254(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the organisation of an annual "European Justice Summit" to be held at the European Parliament, bringing together members of the EU institutions, the Court of Justice, the European Court of human rights, the Council of Europe, the FRA, the national supreme courts and representatives of civil society, in order to promote a structured and permanent pan-European dialogue on democracy, the rule of law and fundamental rights;
Amendment 340 #
2015/2254(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that beside the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) the Union needs to further strengthen its democratic legitimacy by providing for a greater involvement of civil society in the decision-making process; recalls that in its follow up to the European Parliament resolution on the European Citizens' Initiative, adopted on 2 February 2016, the Commission stated "that after only three years after its effective entry into application, it is at this point too early to launch a legislative revision of the Regulation"; recalls however that from the establishment of the ECI only three initiatives were deemed admissible and no one has received an appropriate follow-up; therefore stresses once more the need to revise Regulation 211/2011 in order to encourage the Commission to have a less restrictive approach on the legal admissibility of an ECI and to allow a successful initiative to have an appropriate and concrete follow- up;
Amendment 354 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
- Article 2 TEU and the Charter of Fundamental Rights to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;
Amendment 362 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
- Enabling national courts under Article 2 TEU and the Charter of Fundamental Rights to bring before the CJEU actions on the legality of Member States' actions;
Amendment 367 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
- Enabling individuals to bring actions before the CJEU, including class actions and strategic litigations;
Amendment 369 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 3 a (new)
Paragraph 9 – indent 3 a (new)
- Enabling individuals to bring actions before the CJEU for failure to act with regard to decisions adopted by the EU institutions under article 7 TEU;
Amendment 370 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 3 b (new)
Paragraph 9 – indent 3 b (new)
- Enabling the Court of Justice to review the legitimacy of the decisions adopted under article 7 TEU;
Amendment 382 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 5 a (new)
Paragraph 9 – indent 5 a (new)
Amendment 405 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 1
Annex – Citation 1
– having regard to the preamble to the Treaty on European Union (TEU), in particular the second, fourth, fifth and seventh recitals thereof,
Amendment 441 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 1
Annex – Recital 1
(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States as well as to the institutions of the Union and that includes both the preventative and the corrective dimension;
Amendment 443 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 2
Annex – Recital 2
(2) Whereas the primary objective of such a mechanism should be to prevent violations and non-respect of DRF, while at the same time providing the tools needed to render both the preventative and corrective arms of Article 7 TEU, as well as the other instruments provided for in the Treaties, operational in practice;
Amendment 455 #
2015/2254(INL)
Motion for a resolution
Annex – Article 1
Annex – Article 1
The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be uphelrespected, protected and promoted throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, and apply to both the Member States and the institutions of the Union;
Amendment 468 #
2015/2254(INL)
Motion for a resolution
Annex – Article 4
Annex – Article 4
An annual scoreboard on the state of DRF in the Member States as well as on their degree of implementation at Union level by the institutions of the Union shall be elaborated by an independent panel of experts and automatically adopted by the Commission;
Amendment 476 #
2015/2254(INL)
Motion for a resolution
Annex – Article 5
Annex – Article 5
The DRF Scoreboard shall incorporate, replace and complete existing instruments, in particularamong which the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU);
Amendment 489 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – indent 8 a (new)
Annex – Article 6 – indent 8 a (new)
– contributions from the Union institutions;
Amendment 498 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories, presented in a harmonised format and accompanied by country-specific and Union institution- specific reports.
Amendment 504 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.1 – indent 6 a (new)
Annex – Article 8 – point 8.1 – indent 6 a (new)
– Freedom of expression and freedom of assembly
Amendment 520 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1 a (new)
Annex – Article 8 – point 8.3 – indent 1 a (new)
– The European Convention on human rights and related Protocols
Amendment 521 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – introductory part
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States and of their degree of implementation at Union level by the institutions of the Union, as well as the development of country-specific and Union institution-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.
Amendment 543 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and, draft country recommendations 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.
Amendment 548 #
2015/2254(INL)
Motion for a resolution
Annex – Article 10 – introductory part
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.
Amendment 560 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF Scoreboard, including draft country-specific recommendations and draft Union institution-specific recommendations, shall be developed annually by the DRF expert panel;
Amendment 569 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
– The draft DRF Scoreboard and, draft country-specific recommendations and draft Union institution-specific recommendations shall be made publically available;
Amendment 571 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4
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.
Amendment 587 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF 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;
Amendment 591 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 2 a (new)
Annex – Article 12 – indent 2 a (new)
– both the European Parliament’s resolution and the Council conclusions as well as the decision-making process shall be made public;
Amendment 592 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases togetherone or more infringement procedures for violations of the Member States’ obligations deriving from Union law, including where applicable the Charter of Fundamental Rights of the European Union, or, alternatively, a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together; if the Commission decides not to start any procedure, it shall explain the reasons for this choice, which shall be made publicly available;
Amendment 622 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of yellow or red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.
Amendment 631 #
2015/2254(INL)
Motion for a resolution
Annex – Article 13 a (new)
Annex – Article 13 a (new)
Amendment 634 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – introductory part
Annex – Article 14 – introductory part
A systematic fundamental rights impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;
Amendment 637 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – point 14.1
Annex – Article 14 – point 14.1
14.1 An independent expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiations.
Amendment 2 #
2015/2222(INI)
Draft opinion
Recital A
Recital A
A. whereas 18 Member States and Norway recognise forms of participation, consultation and information of workers at company level in different forms depending on their economic and social historical development;
Amendment 6 #
2015/2222(INI)
Draft opinion
Recital C
Recital C
C. whereas workers’ rights to representation on company boards are recognised by the primary and secondary law of the EU, in the fifth paragraph of the Preamble of the Charter of Fundamental Rights of the European Union, and in Article 1539, 151 and 153(1) (f) TFEU;
Amendment 13 #
2015/2222(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Council, in the event of new legislative acts, particularly in the area of European company law, to determine and publicise the impact on European and national forms of workers participation through an appropriate impact assessment procedure and take appropriate measures to counter any adverse consequences;
Amendment 15 #
2015/2222(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of recent EU legal instruments regulating the participation of workers, in particular Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees1, Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees2, and Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies3, and calls on the Commission to submit a proposal with a view to revising Directive 2004/25/EC of the European Parliament and the Council of 21 April 2004 on takeover bids3a, to ensure that the workers of a bidding company are also consulted, rather than just those of the company subject to the takeover bid; __________________ 1 OJ L 294, 10.11.2001, p. 22. 2 OJ L 207, 18.8.2003, p. 25. 3 OJ L 310, 25.11.2005, p. 1. 3a OJ L 142, 30.4.2004, p. 12.
Amendment 31 #
2015/2222(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to consider making a proposal on how to introduce permanent forms of workers’ participation, by ensuring common minimum standards fordevelop standard rules on workers' participation on supervisory boards within a model Directive, which could be universally applied to all European corporate law directives and which should take into account, but not replace, existing rules on information, consultation and participation;
Amendment 36 #
2015/2222(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recommends that this standard rules should be applied to all forms of company with a supervisory board at European level, i.e. account should be taken of public and private companies, partnerships and limited companies and also workers employed in the affiliated parent and subsidiary companies;
Amendment 37 #
2015/2222(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that workers´ representatives on European supervisory boards should have a say in all fundamental decisions of a company and oversee the management board, without interfering in the management board´s right to manage the company; suggests that the nature and scope of decisions requiring approval should be determined in this model Directive which will set up minimum standards, which should be further developed by rules in the Member States1a; __________________ 1a e.g. Article 95 AktG, Austria
Amendment 38 #
2015/2222(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Demands that this model Directive ensure that representatives of the workforce may also be from affiliated companies and, in the case of transnational companies, may also originate from another Member State and that trade union representatives may also be put forward and elected as external representatives;
Amendment 39 #
2015/2222(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of workers representation at supervisory board level in the EU and to counter any attempt to use existing EU law to circumvent or abuse such arrangements;
Amendment 49 #
2015/2222(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to define common minimum criteria for workers’ representation at board level, notably on the size of the company, on balanced gender representation, and on the extension of the right to participate in public and semi-public companies;including direct or indirect subsidiaries and affiliates with more than 50 employees, that half of the number of seats on the supervisory board should be reserved for workers or their representatives ; Demands that steps be taken, to ensure a balanced gender representation; Calls on the Council in this connection to expedite the Parliament- backed proposal for a Directive of the European Parliament and of the Council to improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures1a and calls on the Commission to extend the gender-balanced representation to public and semi-public companies; __________________ 1a COM(2012)0614
Amendment 4 #
2015/2156(DEC)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas legal and academic experts agreed on the Parliament’s right to information at the European Parliament workshop on Parliament’s Right to Grant Discharge to the Council held on 27 September 2012;
Amendment 8 #
2015/2156(DEC)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas without the necessary information, Parliament is not in a position to make an informed decision on granting discharge;
Amendment 12 #
2015/2156(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the procedure of giving discharge separately to the individual Union institutions and bodies is a longstanding practice; stresses therefore that the Commission, in its reply of 25 November 2011 to the letter from the Chair of the Committee of Budgetary Control, said that it was desirable for the Parliament to continue to give, postpone or refuse discharge to the other institutions, including Council;
Amendment 13 #
2015/2156(DEC)
1b. Notes further that the Commission in its letter of 23 January 2014 expressed the view that all institutions are fully part of the follow-up process to the observations made by the Parliament in the discharge exercise and that all institutions should cooperate to ensure the smooth functioning of the discharge procedure in full respect of the relevant provisions in the TFEU and in the relevant secondary law; emphasises that the Commission also states in its letter that it will not oversee the implementation of the budgets of other institutions and that giving a response to questions addressed to another institution would infringe the autonomy of that institution to implement its own section of the budget;
Amendment 16 #
2015/2156(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that this constitutes a serious failure to comply with the obligations laid down by the Treaty, in particular the principle of sincere cooperation between the institutions, and that a solution must be found quickly so that the whole of the Union budget can be scrutinised; in this respect refers also to Article 15 TEU which stipulates that each institution, body, office or agency shall ensure that its proceedings are transparent;
Amendment 25 #
2015/2156(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that, if these negotiations fail or if the Council refuses to open negotiations, Parliament should consider giving discharge only to the Commission and including in that global discharge separate resolutions for each Union institution and body, thereby ensuring that no section of the EUnion budget goes unscrutinised; highlights that this change in practise should not reduce the accountability of the individual institutions and bodies in respect to the implementation of their respective sections of the budget;
Amendment 2 #
2015/2147(INI)
Draft opinion
Paragraph 1
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;
Amendment 4 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choice and competitivenessjob creation is of the utmost importance and believes that the digital single market is keycan contribute to achievinge this objective by removing barriers to trade, streamlining processes for online businesses and supporting creators whose rights to protection must continue to apply in the digital age, investors and consumers; calls in this regard for competitiveness testsan exhaustive ex- ante assessment of impact onf all new proposals; in terms of growth and jobs creation as well as its potential social benefits;
Amendment 15 #
2015/2147(INI)
Draft opinion
Paragraph 2
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;
Amendment 28 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
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;
Amendment 32 #
2015/2147(INI)
Draft opinion
Paragraph 2 b (new)
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;
Amendment 36 #
2015/2147(INI)
Draft opinion
Paragraph 2 b (new)
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;
Amendment 37 #
2015/2147(INI)
Draft opinion
Paragraph 2 d (new)
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.
Amendment 38 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for targeted, evidence-based reforms to enhance cross-border access to legally available online content but stresses the importance of not mandating pan- European licences; calls insteadand for further efforts to develop and modernise the EU´s intellectual property laws, in particular in the area of copyright, in order to accommodate them to the digital age, and calls for reforms to enable the enhanced portability of legally acquired content to be prioritised;
Amendment 64 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards andcompliance with data protection legislation and the use of state of the art IT security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data- sharing in the economy and to clarify data ownership rulesat the essence of data protection is control over personal data and that the generation of new personal data through profiling is one of the biggest challenges for privacy and trust in the digital economy; underlines the role ofat personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in ddopting the General Data pProtection lRegisulation, especially for SME by the end of 2015, both in the interest of data subjects and businesses;
Amendment 87 #
2015/2147(INI)
Draft opinion
Paragraph 5
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 includprioritize security, respect for privacy and data protection;
Amendment 93 #
2015/2147(INI)
Draft opinion
Paragraph 6 a (new)
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;
Amendment 96 #
2015/2147(INI)
Draft opinion
Paragraph 6 b (new)
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;
Amendment 101 #
2015/2147(INI)
Draft opinion
Paragraph 7
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.
Amendment 107 #
2015/2147(INI)
Draft opinion
Paragraph 7 a (new)
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;
Amendment 171 #
2015/2147(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that, in view of article 345 TFEU, Member States are free to establish, maintain and develop publicly operated provision of digital services.
Amendment 4 #
2015/2129(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the adoption by the Council of Europe of its Strategy for the Rights of the Child (2016-2017),
Amendment 16 #
2015/2129(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas children, who became victims of sexual abuse or exploitation, suffer from multiple and long-lasting physical and / or psychological traumas that can follow them well into adulthood;
Amendment 23 #
2015/2129(INI)
Motion for a resolution
Recital E
Recital E
E. whereas migrant children - especially girls but also a significant percentage of boys1a - are particularly exposed to child sexual abuse and sexual exploitation at the hands of traffickers and smugglers, smugglers, drug dealers, prostitution rings, as well as other individuals or rings, who exploit their vulnerability, along the way and once they reach Europe; _________________ 1aStudies demonstrate that boys may be especially inhibited from disclosing sexual abuse, including for reasons related to societal assumptions towards males. See for example: PE 598.614, p. 16; J. Schaefer GA/Mundt IA/Ahlers CJ/Bahls C, J Child Sex Abus. 2012, 21(3): 343- 360.
Amendment 25 #
2015/2129(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the sex tourism industry affects significant numbers of children, especially girls; but also a significant percentage of boys;
Amendment 29 #
2015/2129(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas systematic review and meta-analysis found that, compared to their non-disabled peers, children with disabilities were around three times more likely to suffer from physical or sexual violence;
Amendment 58 #
2015/2129(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that a comprehensive policy response against the new forms of child sexual exploitation and abuse on the internet, such as cyber predation, sex- extortion, commercial web streaming, revenge pornography, voyeurism, and grooming is urgently needed; recommends that the Commission, in this regard, should further assess whether the objectives of Directive 2011/93 have been achieved effectively, and whether the Directive provides a relevant response to the new digital and technological challenges and threats;
Amendment 59 #
2015/2129(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers, in particular, that the Member States should do mmake every possible efforet to combat the impunity of perpetrators who are close to child victims and are in a position of trust, authority or influence over the childof child sexual abuses, as well as of individuals or legal persons, who aid, assist or abet any of child sexual exploitation and sexual abuse offences; considers it to be of the utmost importance that the Member States ensure the liability of legal persons, where the lack of monitoring or supervision of a person who is a member of that legal entity, has permitted or facilitated the commission of crimes;
Amendment 67 #
2015/2129(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the need to address new forms of crime online, such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls but also a significant percentage of boys; calls on the Member States to step up their efforts to adopt concrete measures to combat this new form of crime and calls on the internet industry to take its share of responsibility for tackling these crimes;
Amendment 74 #
2015/2129(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the importance of implementing Article 17 (3) in order to ensure that the Member States have jurisdiction over offences committed by means of information and communication technology (ICT) accessed from their territory whether or not it is based on their territory;
Amendment 75 #
2015/2129(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Deplores that not all offences listed in Directive 2011/92/EU are included in Member States’ national legislation, when it comes to extraterritorial jurisdiction; regrets that some Member States guarantee that sexual abuse offences committed abroad will be prosecuted without a complaint by the victim; calls on the Member States to tackle effectively these shortcomings;
Amendment 77 #
2015/2129(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Regrets that precise statistics and data on the number of crimes committed in the area of child sexual abuse and exploitation in particular, is still lacking due to the high percentage of unreported cases, the novelty of the offences, and the differences in the definitions and methodologies used in various Member States;
Amendment 85 #
2015/2129(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to step up their police and judicial cooperation as well as to make full use of the existing EU cooperation tools provided by Europol and Eurojust to ensure the successful investigation and prosecution of perpetrators and possible accomplices; stresses that Europol and Eurojust should be given the appropriate resources to fulfil their task in this respect and encourages the Member States to share best practices;
Amendment 86 #
2015/2129(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Takes into account the vulnerable situation, in particular of migrant children and especially unaccompanied, as they are particularly vulnerable to abuse, trafficking and sexual exploitation; calls on the Member States and the EU authorities to take concrete actions to protect those children; recommends the Member States and the EU authorities to expedite the appointment of qualified guardians to unaccompanied children and ensure that the best interest of the child is always taken into account; calls on the Member States and any other competent authorities and organisations to register and identify children in a child- friendly way to ensure that they enter the national and international protection systems in order to prevent their sexual abuse or exploitation or their possible disappearance; recommends the Member States and the EU authorities to reinforce existing tools for such vulnerable or missing children including the appropriate helplines or hotlines;
Amendment 88 #
2015/2129(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of children, including migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls; calls for an enhance, but also a significant percentage of boys; calls for an enhanced cooperation, such as the rapid exchange of information among authorities to trace missing children and for the interoperability of data bases;
Amendment 92 #
2015/2129(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages the Member States to intensify their efforts to combat child sex tourism and prosecute perpetrators and accomplices, taking into account the responsibility of all actors involved;
Amendment 95 #
2015/2129(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns unequivocally forms of sexual abuse or exploitation of children, as well as violent and abusive child victimisation at all levels; welcomes the adoption by the Council of Europe of its Strategy for the Rights of the Child (2016- 2021); calls on the all the EU institutions and Member States to take appropriate measures to prevent and protect children from all forms of physical and psychological violence, including physical and sexual abuse and sexual exploitation; calls on all the EU institutions and Member States to make a united, effective action to eradicate sexual abuse and exploitation and in general sexual crimes against children; calls on the EU institutions and Member States to explicitly consider the protection of children as a priority when programming and implementing policies, which may negatively affect them;
Amendment 97 #
2015/2129(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges all Member States to conduct appropriate measures such as public awareness raising, preventive campaigns, training and dedicated education programmes for the authorities, parents, teachers, children and minors - in cooperation also with parents' associations active in the protection of children and minors, as well as with relevant civil society organisations -, in order to promote the importance of family values (e.g. mutual responsibility, respect and care), human dignity, self-esteem, non-violence, and in general of children's rights to be protected against all forms of sexual abuse and sexual exploitation;
Amendment 98 #
2015/2129(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the EU institutions and the Member States for the establishment of a multi-stage system in child protection based on the best interests of the child and the full respect of her or his fundamental rights, in order to send a clear message that all forms of physical, sexual and emotional abuse against children are unacceptable, and punishable by law;
Amendment 106 #
2015/2129(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to exchangand competent EU institutions to exchange appropriate and in due time information about child sex offenders in order to prevent them from moving unnoticed from one Member State to another in order to work or volunteer with children or children’s institutions; encourages the Member States to enhance information sharing on criminal convictions and disqualifications, as well as to improve systematic and coherent data collection in national registers of perpetrators and accomplices;
Amendment 109 #
2015/2129(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on all the Member States to fully and in due time transpose the provisions of Directive 2011/93/EU on offences concerning sexual exploitation, offences concerning sexual abuse when abuse is made of a recognised position of trust, authority or influence or abuse is made of a particularly vulnerable situation of the child, and concerning the liability of legal persons;
Amendment 111 #
2015/2129(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the law-enforcement authorities, both at national and EU-level to invest in new technologies to fight crimes in the dark web and deep web; stresses that Eurojust and Europol must be given appropriate resources to improve the identification of victims, especially to fight organised networks of sexual abuse and exploitation of children and to accelerate the detection, analysis and referral of child abuse material on- and offline;
Amendment 113 #
2015/2129(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Notes that some Member States have developed dedicated operational systems and forensic capabilities aimed at investigating child sexual abuse, however most of Member States do not have specialised investigative services, nor the financial means to acquire forensic materials, such as specific software for enabling online investigation; recommends therefore the EU to support these services by providing relevant funds, where it is needed;
Amendment 129 #
2015/2129(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing child pornographymaterial of sexual abuse or exploitation of children hosted on their territory; regrets the fact that only half of the Member States have incorporated provisions into their legislation making it possible to block access to such webpages for users within their territory; calls on the Member States to fully and in due time implement Article 25, including blocking child sexual abuse material where possible,or exploitation material and with the relevant safeguards in place;
Amendment 131 #
2015/2129(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that the measure of removal of online content regarding sexual abuse or exploitation of children shall be preferable to blocking such content; underlines in this context that removing a website with such content ensures complete eradication of its content, while blocking a website with such content renders its content temporarily inaccessible and bears the risk, if insufficient safeguards are in place to authorise it, of possible interference with the right to freedom of expression, e.g. by occasionally also blocking legitimate content;
Amendment 134 #
2015/2129(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. CHighlights that child protection should be enhanced especially in the digital world in light of the increased instances of sexual violation, grooming and forced prostitution where the perpetrators used the internet to make contact; calls on the Member States to speed up, in cooperation with the public sector and the Internet industry, the notice and take-down procedures and to establish partnerships with the online industry, as well with competent authorities such Europol and Eurojust, to prevent networks and systems from being hacked and misused to distribute child sexual abuse or exploitation material; urges the public and especially the private sector to take its shared responsibility and refrain from providing or facilitating the transmission and distribution of child sexual abuse or exploitation material;
Amendment 137 #
2015/2129(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to speed up, in cooperation with the Internet industry, Eurojust and Europol, the notice and take-down procedures and to establish relevant partnerships with the online industry to prevent networks and systems from being hacked and misused to distribute child sexual abuse material;
Amendment 142 #
2015/2129(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recommends that blacklists of websites containing child pornographymaterial of sexual abuse or exploitation of children shall be updated regularly by the relevant authorities and communicated to internet service providers to avoid, for instance, over-blocking and to ensure proportionality; recommends the sharing of such blacklists of websites among the Member States, with Europol and its European Cybercrime Centre, and with Interpol; considers, in this regard, that newly developed hashing technology, such as PhotoDNA, should be applied;
Amendment 148 #
2015/2129(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Takes the view that children should be properly informed about the potential risks related to the internet, in particular when providing their personal data online; stresses that online profiling of children should be prohibited; suggests that the establishment of adequate reporting of sexual abuse or exploitation of children among professionals in regular contact with children together with the establishment of hotlines or helplines dedicated to the reporting of child sexual abuse or exploitation should be strongly promoted, e.g. through appropriate raising awareness campaigns and educational programmes in schools and other relevant organisations;
Amendment 149 #
2015/2129(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls for a code of conduct on protecting children's rights online and offline in cyber space; recalls that in the fight against cybercrime by law enforcement authorities special attention needs to be paid to crimes against children and in particular to crimes regarding the sexual abuse and exploitation of children; stresses in this context the role of Europol and Eurojust and the necessity of strengthening judicial and police cooperation among Member States and with Europol and Eurojust to prevent and to combat cybercrime, and in particular to combat the online sexual abuse and exploitation of children;
Amendment 150 #
2015/2129(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played also by civil society organisations, as is the case with the Internet Watch Foundation in the UK; urges the Member States which have not yet done so to set up such hotlines and takes the view that theyestablish assistance services, including online services, to provide support, information and training on how to recognize the signs of sexual abuse and sexual exploitation, and how to respond when troubling behaviour that is not yet abusive is observed; recommends them to set up such hotlines, the use of which needs to spread out widely, e.g. through systematic advertising; takes the view that Member States and other competent authorities should be allowed to search for child sexual abuse material online proactively;
Amendment 1 #
2015/2104(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes into account both the complex institutional set-up of the United Nations (UN) as an international organisation of states and the specific nature of the European Union (EU) as a supranational union holding enhanced observer status within the UN, but whose Member States are also individual UN members;; underlines that the actual legal subjects of the UN are the sovereign states of the world community, while the EU is holding since 2011 enhanced observer status within the UN in comparison with other regional bodies, having the right to speak in debates, to submit proposals and amendments, to raise points of order and to circulate documents on the basis of UN Resolution 65/276 on 'Participation of the European Union in the work of the United Nations' of 3 May 2011; calls, in view of increasing global interdependence and new civilizational challenges for a better liaison between both UN players and its different structures by improving overall coordination and coherencethe EU Member States with regard to their common and community actions in order to respond to their responsibilities for the peaceful and civilian coping with global challenges on the basis of accepted norms of international law in force, and the principles of multilateralism, in the framework of equal partnership and cooperation; calls therefore to develop close cooperation and coordination with the various structures of the UN;
Amendment 20 #
2015/2104(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that a solid and stable EU-UN partnership is fundamental to the work of the UN under all three pillars – peace and security, human rights and development – and is also key to the EU's role as a global actor; Reaffirms the central role of prevention and combating the causes for the encounter of violent conflicts and the solution of new civilizational challenges;
Amendment 24 #
2015/2104(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is committed to making the UN system and its many institutions and structures better suited to new global power configurationchallenges and developments and increasing its transparency, accountability and effectiveness by avoiding duplication and using the different UN structures more rationally; reiterates its support for mandating parliamentary and societal actors with a representative right in the discussion of issues in the UN, which concern them directly;
Amendment 28 #
2015/2104(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls, in view of the upcoming election of a new UN Secretary-General required by 2017, for a modified selection procedure which is transparent with respect to its criteria and its procedures for the UN Member States and both their executive and parliamentary structures, for the civil society, the public, and the media, and at the same time promotes gender parity;
Amendment 30 #
2015/2104(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the EU and its Member States are collectively the biggest financial donor to the UN budget; insists, therefore, in the spirit of the ‘Delivering as One' initiative (one leader, one budget, one programme, one office), on the need to ensure a higher degree of visibility for EU funding channelled through the UN, as well as an efficient use of the funds concerned; requests that the UN and the Commission keepCommission and the EU Member States press towards the UN for the consistent implementation of the UN Transparency and Accountability Initiative, and keep the European Parliament fully informed on the UN's implementation of EU contributions;
Amendment 5 #
2015/2095(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Fundamental Right's Agency (FRA) 2015 study "Guardianship systems for children deprived of parental care in the European Union",
Amendment 6 #
2015/2095(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the Fundamental Right's Agency (FRA) 2014 report "Criminalisation of migrants in an irregular situation and of persons engaging with them",
Amendment 7 #
2015/2095(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the Commissioner for Human Rights at the Council of Europe's issue paper "the right to leave a country",
Amendment 8 #
2015/2095(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
- having regard to the Convention on the Rights of the Child of 1989,
Amendment 9 #
2015/2095(INI)
Motion for a resolution
Citation 1 e (new)
Citation 1 e (new)
- having regard to the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,
Amendment 10 #
2015/2095(INI)
Motion for a resolution
Citation 1 f (new)
Citation 1 f (new)
- having regard to the Convention on the Elimination of All Forms of Discrimination against Women,
Amendment 11 #
2015/2095(INI)
Motion for a resolution
Citation 1 g (new)
Citation 1 g (new)
- having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence,
Amendment 12 #
2015/2095(INI)
Motion for a resolution
Citation 1 h (new)
Citation 1 h (new)
- Having regard to the IOM Missing Migrants Project,
Amendment 13 #
2015/2095(INI)
Motion for a resolution
Citation 1 i (new)
Citation 1 i (new)
- Having regard to the EU Global Approach to Resilience (2012),
Amendment 14 #
2015/2095(INI)
Motion for a resolution
Citation 1 j (new)
Citation 1 j (new)
- Having regard to the Action Plan for Resilience in Crisis Prone Countries 2013-2020,
Amendment 15 #
2015/2095(INI)
Motion for a resolution
Citation 1 k (new)
Citation 1 k (new)
- Having regard to the Commission Communication on Maximising the Development Impact of Migration in Development Cooperation (2013),
Amendment 16 #
2015/2095(INI)
Motion for a resolution
Citation 1 l (new)
Citation 1 l (new)
- Having regard to the DEVCO-ECHO Issues Paper: 'Development, Refugees and IDPs' (2014),
Amendment 17 #
2015/2095(INI)
Motion for a resolution
Citation 1 m (new)
Citation 1 m (new)
- Having regard to the Joint Communication 'Addressing the Refugee Crisis in Europe: The Role of EU External Action' JOIN(2015) 40 final,
Amendment 65 #
2015/2095(INI)
Motion for a resolution
Recital C
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 bwere unaccompanied minors; __________________ 7 EASO Newsletter, November-December 2015, https://easo.europa.eu/wp- content/uploads/EASO-Newsletter-NOV- DEC_-20151.pdf.
Amendment 74 #
2015/2095(INI)
Motion for a resolution
Recital D a (new)
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;
Amendment 75 #
2015/2095(INI)
Motion for a resolution
Recital D b (new)
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;
Amendment 76 #
2015/2095(INI)
Motion for a resolution
Recital D c (new)
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."
Amendment 77 #
2015/2095(INI)
Motion for a resolution
Recital D d (new)
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;
Amendment 92 #
2015/2095(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas developing the concepts of solidarity and trust from the perspective of the asylum seeker and not primarily of the EU Member States will be key to the evolution of the next stages of the Common European Asylum System;
Amendment 94 #
2015/2095(INI)
Motion for a resolution
Recital F b (new)
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;
Amendment 95 #
2015/2095(INI)
Motion for a resolution
Recital F c (new)
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.
Amendment 96 #
2015/2095(INI)
Motion for a resolution
Recital F d (new)
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.
Amendment 97 #
2015/2095(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
F e. Affirms the need to improve the partnership principle between all levels of governance, as well as the coordination efforts between the EU, national, regional and local governments together with their national representative associations and civil society;
Amendment 108 #
2015/2095(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the fight against migrant smuggling, trafficking and labour exploitation necessitates both short, medium and long- term responses, including measures to ensure assistance, protection and access to justice and redress for victims, disrupt criminal networks and to bring criminals to justice, the gathering and analysis of data, measures to protect victims and to return irregularly staying migrants, as well asas well as right-based cooperation with third countries and longer-term strategies to address the demand for trafficked and smuggled persons and whereas the lack of safe and regular channels are the root causes of perilous migration which, forceing people into the hands of criminal smugglers;
Amendment 116 #
2015/2095(INI)
Motion for a resolution
Recital H a (new)
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.
Amendment 117 #
2015/2095(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas EU legislation on the fight against smuggling leaves a high degree of legislative ambiguity and legal uncertainty with regards to search and rescue obligations for States and shipmasters derived from international law
Amendment 118 #
2015/2095(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
H c. whereas, according to Europol, at least 10,000 unaccompanied and separated children (UASC) seeking asylum have disappeared after arriving in Europe and are feared to have fallen into the hands of organised trafficking and criminal organisations.
Amendment 119 #
2015/2095(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
H d. whereas guardians are a key element of a protection system for children who are temporarily or permanently deprived of their family environment and cannot have their interests represented by their parents; whereas there are great disparities between the types of guardianship provided to children in and within EU Member States.
Amendment 123 #
2015/2095(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effectivand the management of external borders, with must follow high common standards, promote the effective exchange of information between Member States, and fully respect for everyone’'s fundamental rights;
Amendment 143 #
2015/2095(INI)
Motion for a resolution
Recital M
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;
Amendment 162 #
2015/2095(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the EU has intensified its external cooperation with third countries in migration and asylum to respond adequately to the current refugee crisis, and has launched new cooperation initiatives such as the EU- Turkey Joint Action Plan, the commitments taken on the Western Balkans Routes and the Aaction Plan adopted at the Valetta sSummit;
Amendment 173 #
2015/2095(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas the European Commission and EEAS's New Action Plan on Human Rights and Democracy (2015-2019) underlines that the task of EU diplomacy is to "enhance human rights safeguards in all migration and mobility dialogues and cooperation frameworks with third countries, as well as migration-related agreements, processes and programs, including through the analysis of human rights impacts."
Amendment 174 #
2015/2095(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
P b. whereas climate change is one of the root causes for migration and the numbers will continue to increase due to an increasing unstable climate; definitions of "climate refugee" are still not classified as legal categorisations, neither are they protected under Geneva Convention.
Amendment 186 #
2015/2095(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the current EU approach to labour migration is fragmented, with numerous and imbalanced, with several different directives focusing on specific categories of workers and of third-country nationals workers who are, under certain conditions, allowed to work; and whereas this approach can only serve to meet short- term, specific need for the most part only in high-skilled positions; and whereas this approach fails to address labour market needs in the EU, tackle the causes of labour exploitation, or reduce the vulnerability of migrant workers;
Amendment 193 #
2015/2095(INI)
Motion for a resolution
Recital T a (new)
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.
Amendment 210 #
2015/2095(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have failed to bestablish objective, to establish and fair criteria for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the system is not being applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;
Amendment 227 #
2015/2095(INI)
Motion for a resolution
Paragraph 1 a (new)
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.
Amendment 228 #
2015/2095(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Suggests that the Member States should start to systematically collect and make publicly available data on border deaths and, as far as possible, on missing persons; With a view to increase the chances of identification for deceased migrants, further suggests the establishment of common standards regarding the management of border deaths, and calls for a strengthened cooperation with bodies that are already active in this field, such as the International Committee of the Red Cross
Amendment 239 #
2015/2095(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 246 #
2015/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that a permanent, robust and effeproactive Union response in search and rescue operations at sea is crucial, parallel with establishing legal access to the EU, to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea, including rapid responses to shifting flows;
Amendment 261 #
2015/2095(INI)
Motion for a resolution
Paragraph 5 a (new)
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 .
Amendment 264 #
2015/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that private shipmasters or non-governmental organisations (NGOs) who genuinely assist persons in distress at sea should not risk punishment for providing such assistance; believes that merchant shipping should not provide an option in lieu of Member States and the Union fulfilling their obligations in terms of search and rescue;
Amendment 272 #
2015/2095(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a clear distinction to be made between those persons who are smuggled into the Union and those who are trafficked into the Union because, while the policy response must be properly integrated, they must also be properly targeted; states that, in general terms, the criminal smuggling of migrants involves facilitating the irregular entry of a person to a Member State, whereas human trafficking involves the recruitment, transportation or reception of a person through the use of violent, deceptive or abusive means, for the purpose of exploitation;
Amendment 297 #
2015/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 318 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspcan have negative effects ofn any holistic approach to migration and reiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 325 #
2015/2095(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Deems it necessary to harmonise and strengthen the guardianship system in EU Member States to prevent unaccompanied and separated children from falling into the hands of organised trafficking organisations; calls the Commission to fully implement the action plan on unaccompanied minors for 2010- 2014 and to propose specific tools in collaboration with Member States to introduce minimum common standards based on best practices regarding the mandate, functions, quality and skills of the guardians.
Amendment 326 #
2015/2095(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls for the adoption of a uniform procedure for the age assessment of unaccompanied and separated minors (UASC); this procedure shall always begin using non-invasive methods such as analysing documentation and other evidence that the child may receive from his or her country of origin and providing for interviews to be conducted in a safe and appropriate environment for the child 's age and needs, by qualified and independent personnel; more tests through assessments of the psycho-social and/or physical development of the child should be carried out only as a last resort and if reasonable doubt remains after the non-invasive procedure has taken place;
Amendment 329 #
2015/2095(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that, since criminals can and do change their modus operandi very quickly, policy responses must adapt to the most recent and accurate data; notes, as a positive step forward, that the Commission adopted a Union Action Plan against Migrant Smuggling on 27 May 2015 (‘'the Action Plan on Smuggling’),') under which it provides for the setting up of a Contact Group of Union Agencies on migrant smuggling, to strengthen their operational cooperation and information exchange;
Amendment 336 #
2015/2095(INI)
Motion for a resolution
Paragraph 12
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;
Amendment 345 #
2015/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
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;
Amendment 362 #
2015/2095(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls nevertheless that the rights enshrined in Articles 4, 5 and 27 of the Dublin Regulation remain applicable and provide essential procedural guarantees to applicants for international protection such as the right to information, the right to a personal interview and the right to an effective remedy. The right to an effective remedy applies also when the procedural rights enshrined in the Regulation, including the right to information and to a personal interview, have not been respected during the relocation procedure.
Amendment 374 #
2015/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgent relocation measures is a move in the right direction, and; however, taking into account the very moderate results achieved so far, calls on Member States to fulfil their obligations with regard to those measures as soon as possible; believes that the swift registration and processing of eligible applicants is key to the effectiveness of the relocation mechanism; underlines therefore the need for additional registration and processing capacity as well as better coordination between all actors involved in the process; notes that preferences expressed by Member States and delays in acceptance can limit the effectiveness of the relocation plan and calls on Member States to remove these obstacles;
Amendment 379 #
2015/2095(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on Member States to further increase relocation pledges and step up processing capacities, including through EASO support, to ensure that a significantly higher number of applicants for relocation can be processed and transferred without delay; points out the need to provide applicants for relocation with petty cash as well, social worker assistance and regular information about relocation process during their waiting period in addition to food and housing;
Amendment 380 #
2015/2095(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Believes information and communication, including through the involvement of refugee communities, on relocation should be strengthened by developing standardised content and consistent messages, including through the use of audio visual tools and social media that can also facilitate 'Refugee-to- Refugee' contacts.
Amendment 395 #
2015/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes, in addition, that Member States of first arrival will thereforecurrently have to handle the more complicated asylum claims (and appeals), will have to organise longer periods of reception, and will have to organise and coordinate returns for those ultimately not entitled to international protection, which represents a disproportionate burden for these States;
Amendment 418 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State, its social and economic conditions and the population density of the Member State;
Amendment 426 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible,as well as other genuine links with a Member State should be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop thecooperate with relocation procesdecisions;
Amendment 437 #
2015/2095(INI)
Motion for a resolution
Paragraph 19 a (new)
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;
Amendment 438 #
2015/2095(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Applicants for international protection should have the right to play an active role in the procedure for their relocation to a Member State, in compliance with Articles 4 and 5 of the Dublin Regulation. They should therefore be informed as soon as possible on their rights and on the procedure for international protection as well as on the possibility to be relocated in another Member State. Applicants should then have the possibility to list, during their personal interview, their preferences for the State of relocation and the reasons for these preferences (due to genuine links to that Member State). These elements should be duly taken into account when deciding the State of relocation of the applicant.
Amendment 439 #
2015/2095(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Believes any applicant appealing against a relocation procedure should have the possibility to explain why they would rather remain in the Member State of first entry or why they should be relocated to another Member State because of their specific qualifications and characteristics such as their language skills and other individual indications based on demonstrated family, cultural or social ties which could facilitate their integration into the Member State of relocation;
Amendment 446 #
2015/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that resettlement is one of the preferred options for granting safe and lawful access to the Union for refugees and those in need of international protection, where the refugees can neither return to their home countries nor receive effective protection or be integrated into the host third country;
Amendment 448 #
2015/2095(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Observes, furthermore,Further observes that, resettlement through the auspices of UNHCR is a well-establishedcrucial humanitarian programme, and is a usefulthe main tool forto managinge orderly arrivals of persons in need of international protection onto Member State territories;
Amendment 481 #
2015/2095(INI)
Motion for a resolution
Paragraph 23 a (new)
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;
Amendment 482 #
2015/2095(INI)
Motion for a resolution
Paragraph 23 b (new)
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.
Amendment 493 #
2015/2095(INI)
Motion for a resolution
Paragraph 25
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;
Amendment 501 #
2015/2095(INI)
Motion for a resolution
Paragraph 26
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;
Amendment 506 #
2015/2095(INI)
Motion for a resolution
Paragraph 26 a (new)
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;
Amendment 514 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
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;
Amendment 529 #
2015/2095(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 533 #
2015/2095(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. 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 gender-differentiated statistical data on the operation of detention facilities; this revision should also require collection of gender-disaggregated data at registration sites and in first-line and long-term reception facilities, as well as data on vulnerable groups such as but not limited to LGBTI persons or with disabilities, in order to improve understanding of and response to the specific needs of refugees and asylum-seekers;
Amendment 534 #
2015/2095(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. 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 journalists;
Amendment 535 #
2015/2095(INI)
Motion for a resolution
Paragraph 29 c (new)
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;
Amendment 536 #
2015/2095(INI)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Following the consolidated jurisprudence of the ECtHR, considers that the detention of vulnerable groups as defined in Article 21 of Directive 2013/33/EU should be forbidden and these individuals placed in open facilities tailored to handle their needs;
Amendment 537 #
2015/2095(INI)
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
29e. Notes that personnel at registration and reception facilities should be trained to screen for and respond appropriately to reasons for asylum-seeking linked to sexual and gender-based violence;
Amendment 538 #
2015/2095(INI)
Motion for a resolution
Paragraph 29 f (new)
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;
Amendment 539 #
2015/2095(INI)
Motion for a resolution
Paragraph 29 g (new)
Paragraph 29 g (new)
29g. Believes EASO, together with the European Commission, should more systematically monitor the implementation of the CEAS to provide better support to MS facing particular pressure. This could include better use of EASO joint processing capacities and support in providing reception capacities in emergency situations;
Amendment 540 #
2015/2095(INI)
Motion for a resolution
Paragraph 29 h (new)
Paragraph 29 h (new)
29h. Deems it necessary to allow beneficiaries of international protection benefit from reception conditions and support in entering the labour market for a reasonable duration after the recognition of their status;
Amendment 550 #
2015/2095(INI)
Motion for a resolution
Paragraph 30 a (new)
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.
Amendment 569 #
2015/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Relocation Decisions are based should be built directly into the Union’s standard rules for allocating responsibility; eEmphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘not to limit its scope to 'applicants in clear need of international protection’', since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 577 #
2015/2095(INI)
Motion for a resolution
Paragraph 33 a (new)
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.
Amendment 578 #
2015/2095(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. Believes Article 21 of the "Reception Directive" on vulnerable persons could be used as the basis for a new preferential criteria on which the Relocations Decisions shall be taken replacing the current nationality-based criteria. The Directive defines vulnerable persons as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation;
Amendment 579 #
2015/2095(INI)
Motion for a resolution
Paragraph 33 c (new)
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;
Amendment 597 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points out that one option for a fundamental overhaul of the Dublin system would be to establish a central collection of applications at Union level – viewing each asylum seeker as someone seeking asylum in the Union as a whole and not in an individual Member State – and to establish a central system for the allocation of responsibility for any persons seeking asylum in the Union; suggests that such a system could provide for certain relative thresholds per Member State, above which no further allocation of responsibility could be made until all other Member States have met their own thresholds, which could conceivably help in deterring secondary movements, as all Member States would be fully involved in the centralised system and no longer have individual responsibility for allocation of applicants to other Member States; believes that such a system could function on the basis of a number of Union ‘hotspots’the Member State's individual reception facilities from where Union distribution should take place; underlines that any new system for allocation of responsibility must incorporate and render effective the key concepts of extended family unity and the best interests of the child;
Amendment 603 #
2015/2095(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. This approach should be combined with a "genuine link" approach, thus trying to find a proper balance between the States' interests and the point of view of asylum seekers;
Amendment 604 #
2015/2095(INI)
Motion for a resolution
Paragraph 35 b (new)
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.
Amendment 605 #
2015/2095(INI)
Motion for a resolution
Paragraph 35 c (new)
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;
Amendment 606 #
2015/2095(INI)
Motion for a resolution
Paragraph 35 d (new)
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
Amendment 607 #
2015/2095(INI)
Motion for a resolution
Paragraph 35 e (new)
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.
Amendment 608 #
2015/2095(INI)
Motion for a resolution
Paragraph 35 f (new)
Paragraph 35 f (new)
35f. Notes that as long as asylum seekers will not be able to influence the decision concerning the Member State in which they can submit their application, the only thing that could deter secondary movement is to offer them the prospect of mobility throughout the EU.
Amendment 618 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
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 towards proper implementation of properly Article 78(2)(a) TFEU, which calls for ‘"a uniform status of asylum valid throughout the Union’";
Amendment 621 #
2015/2095(INI)
Motion for a resolution
Paragraph 36 a (new)
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.
Amendment 622 #
2015/2095(INI)
Motion for a resolution
Paragraph 36 b (new)
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.
Amendment 645 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees and migrants support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society for refugees; emphasises that integration is a two-way process and that respect for the values upon which the EU is built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 665 #
2015/2095(INI)
Motion for a resolution
Paragraph 41
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;
Amendment 674 #
2015/2095(INI)
Motion for a resolution
Paragraph 42
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;
Amendment 677 #
2015/2095(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Beneficiaries of international protection should be allowed to extend their right to travel up to three months in other EU Member States to find employment if a local sponsor (individuals, companies, other entities) expresses his or her willingness to take care of the asylum seeker (i.e. through accommodation, facilitation of integration process and search for job) and give a financial guarantee and other evidence of credibility;
Amendment 678 #
2015/2095(INI)
Motion for a resolution
Paragraph 42 b (new)
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;
Amendment 679 #
2015/2095(INI)
Motion for a resolution
Paragraph 42 c (new)
Paragraph 42 c (new)
42 c. Calls for a revision of the Long Term Residents Directive, lowering access to Long Term Resident status after 2.5 years for refugees, coupled with exemptions to the conditions of regular income and housing, as this would improve the possibility for refugees to accept employment in a country other than the one which granted him/her protection;
Amendment 701 #
2015/2095(INI)
Motion for a resolution
Paragraph 44 a (new)
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.
Amendment 708 #
2015/2095(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Points out to the urgent need of facilitating family reunification; condemns in this respect all changes in national legislations that have led to restricting the right to family life of persons fleeing persecutions and its dramatic consequences for families being separated and at risk of death or starvation in countries of origin and transit.
Amendment 712 #
2015/2095(INI)
Motion for a resolution
Paragraph 46
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);
Amendment 737 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
Amendment 752 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
Amendment 765 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; 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;
Amendment 799 #
2015/2095(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Acknowledges the recent Commission proposal for a Union list of safe countries of origin, amending the Asylum Procedures Directive13 ; observnotes that if such a Union list would become obligatory for Member States it could, in principle, be an important tool for facilitating the asylum process, including returnaccelerated procedures can lead to incomplete examination, particularly of complex asylum claims, and that such accelerated procedures are not appropriate for claims based on torture, gender-based violence, or discrimination, including discrimination based on sexual orientation and gender identity; __________________ 13 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L180, 29.6.2013, p. 60).
Amendment 808 #
2015/2095(INI)
Motion for a resolution
Paragraph 52 a (new)
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
Amendment 809 #
2015/2095(INI)
Motion for a resolution
Paragraph 52 b (new)
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.
Amendment 812 #
2015/2095(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
Amendment 827 #
2015/2095(INI)
Motion for a resolution
Paragraph 54
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.
Amendment 847 #
2015/2095(INI)
Motion for a resolution
Paragraph 58
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 operational support to Member States and at the external borderrder 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 beis provided with the necessary funding and human resources in the short, medium and long -term;
Amendment 850 #
2015/2095(INI)
Motion for a resolution
Paragraph 58 a (new)
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
Amendment 857 #
2015/2095(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Notes the recent role of Frontexat Frontex has substantially failed in rendering proactive assistance to any vessel orf person in distress at sea, and acknowledges its contribution, through the Triton and Poseidon joint operations, to the rescuing and saving of many lives in the Mediterranean; Believes other agencies and actors should take the lead with regards to search and rescue operations;
Amendment 868 #
2015/2095(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Understands thatNotes the recently proposed European Border and Coast Guard is intended to replace Frontex and is meant 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 safeguard; Warns against the short-term vision of a closed EU Community as sole guarantee of internal free movement of persons. Reminds that the demographic decline of the EU as a whole will require very soon, or at least ing the free movement of persons thereinmedium term, an open policy of external borders;
Amendment 881 #
2015/2095(INI)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62 a. Recalls that the European Ombudsman and various NGOs have highlighted the problematic aspect of the respect of human rights of migrants in relation with the operations carried out by Frontex; insists, therefore, that the management of the external borders of the Union has to comply with the relevant and binding international and European provisions in terms of respect of fundamental rights, non refoulement and the provisions of the asylum acquis;
Amendment 882 #
2015/2095(INI)
Motion for a resolution
Paragraph 62 b (new)
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.
Amendment 884 #
2015/2095(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Recalls that, since the establishment of the Schengen Area, the Union is an area without internal borders, that the Schengen Member States have developed a step- by- step common policy towards the Schengen external borders, and that the inherent logic of such a system has always been that the abolishment of internal border controls has to go hand in hand with compensatory measures strengthening the external borders of the Schengen Area and the sharing of information through the Schengen Information System (‘SIS’);
Amendment 887 #
2015/2095(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
Amendment 898 #
2015/2095(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Accepts that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and, including the demographic ones, in order to preserve the fundamental principles of security and free movement of persons;
Amendment 907 #
2015/2095(INI)
Motion for a resolution
Paragraph 65 a (new)
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
Amendment 911 #
2015/2095(INI)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Recognises that all people are entitled to enjoy their human rights, without discrimination, including on the basis of residence status, nationality and religion; and in this context recalls the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders and Frontex Fundamental Rights Strategy, both of which outline measures to comply with fundamental rights for all migrants and reiterate that respect and promotion of fundamental rights are unconditional and integral components of effective integrated border management;
Amendment 913 #
2015/2095(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
Amendment 919 #
2015/2095(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
Amendment 932 #
2015/2095(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Expresses concern over various reports on the violation of EU procedural rights and reception conditions within the recently opened hotspots in Italy and Greece and underlines the need to draw lessons from the current practice, in order to ameliorate their functioning and sustain them financially;
Amendment 936 #
2015/2095(INI)
Motion for a resolution
Paragraph 71 a (new)
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;
Amendment 937 #
2015/2095(INI)
Motion for a resolution
Paragraph 71 b (new)
Paragraph 71 b (new)
71 b. Residents should have permanent onsite access to NGOs and lawyers in order to report any abuses or failures to comply with reception conditions, procedural guarantees and other fundamental rights violations.
Amendment 939 #
2015/2095(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Notes that both of the Relocation Decisions provide for temporary operational support at the hotspots to be provided to Italy and Greece for the screening of migrants when they first arrive, registration of their application for international protection, provision of information to applicants on relocation, organisation of return operations for those who did not applindividual assessment of their vulnerability for international protection and are not otherwise entitled to remain or those who applied unsuccessfully,other protection needs and the facilitation of all steps involved in the relocation procedure itself;
Amendment 945 #
2015/2095(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls for the hotspotsadequate and dignified reception conditions in "hotspots" to be set to be set up as soon as possible in order to give concrete operational assistance to those Member States;
Amendment 953 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEASqualifying for relocation under Council Decisions 2015/1523 and 2015/1601;
Amendment 972 #
2015/2095(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Notes that, in its Action Plan on Smuggling, the Commission states that it is considering a revision of Council Directive 2004/81/EC on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegalrregular immigration, and who cooperate with the competent authorities;
Amendment 976 #
2015/2095(INI)
Motion for a resolution
Paragraph 76
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 forwarddeclare 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;
Amendment 984 #
2015/2095(INI)
Motion for a resolution
Paragraph 77 a (new)
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;
Amendment 990 #
2015/2095(INI)
Motion for a resolution
Paragraph 79 a (new)
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;
Amendment 991 #
2015/2095(INI)
Motion for a resolution
Paragraph 79 b (new)
Paragraph 79 b (new)
79b. Invites all Member States to ratify the Council of Europe Convention on Action against Trafficking in Human Beings;
Amendment 994 #
2015/2095(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Points out that the Global Approach to Migration and Mobility (GAMM) pillar on asylum and international protection should be further developed further, with greater involvement of third countries; notes that current actions in this field, under Regional Protection Programmes (RPPs) or Regional Development and Protection Programmes (RDPPs), focus on capacity building to tackle criminal smuggling and human trafficking networks within third countries of origin and transit; notes, at the same time, that the resettlement component of these programmes continues to be weak; believes that capacity- building efforts and resettlement activities should be stepped up and carried out together with thirds countries hosting large refugee populations;
Amendment 999 #
2015/2095(INI)
Motion for a resolution
Paragraph 80 a (new)
Paragraph 80 a (new)
80a. Recalls that the initiatives the EU has undertaken with third countries approach the humanitarian crisis only from a containment angle
Amendment 1000 #
2015/2095(INI)
Motion for a resolution
Paragraph 80 b (new)
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;
Amendment 1001 #
2015/2095(INI)
Motion for a resolution
Paragraph 80 c (new)
Paragraph 80 c (new)
80c. Shares the assessment of the Commissioner for Human Rights at the Council of Europe as expressed in the issue paper "the right to leave a country" that the right to leave a State belongs not only to citizens but also to foreigners. States are not entitled to place obstacles in the way of foreigners leaving their countries irrespective of where the foreigners seek to go;
Amendment 1002 #
2015/2095(INI)
Motion for a resolution
Paragraph 80 d (new)
Paragraph 80 d (new)
80d. Believes common standards and rules for the adoption of bilateral agreements between Member States and third countries should be agreed following EU or higher fundamental rights standards;
Amendment 1008 #
2015/2095(INI)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Understands that the external dimension should focus on cooperation with third countries in tacklingCalls for negotiations to be stopped on all types of agreements with third countries which do not guarantee the proot causes of, and addressing, irregular flows to Europe; understands that partnerships and cooperationtection 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 migrasuch 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 ProcesEritrean regimes, in the light of the reports by the UN and NGOs on severe and growing human rights abuses in those countries;
Amendment 1019 #
2015/2095(INI)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Recommends thatalls that the promotion of a pluralistic democracy and the consolidation of the rule of law are among the objectives of the European Union in all forms of cooperation with third countries, involves assessing those countries’ asylum systems, their support for refugees, and their ability and willingness to tackle human trafficking and criminal smuggling into and through those countricluding development cooperation, without resorting to military interventions; believes therefore that the Union and its Member States must be selective as to avoid the granting of European funds for the control and management of migration flows to countries that have a non-democratic legal system and in which there are well documented and extended cases of violation of fundamental rights both to citizens and migrants in their territory reported by international sources;
Amendment 1024 #
2015/2095(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
Amendment 1034 #
2015/2095(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Recalls that the Union has intensified its external cooperation with third countries in migration and asylum in order to respond adequately to the current refugee crisis, and has launched new cooperation initiatives, such as the EU- Turkey Joint Action Plan; emphasises, in that respect, the need for all parties to fulfil their commitments deriving from the Joint Action Plan, including addressing the root causes leading to the massive influx of Syrians, stepping up cooperation for the support of Syrians under temporary protection and their host communities in Turkey, and for Turkey to fulfil its commitments to prevent irregular migration flows from its territory to the UnionTurkey to fully respect the human rights of refugees and its own citizens, and calls for a suspension of the action plan and any financial assistance until this is not complied with;
Amendment 1041 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 a (new)
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.
Amendment 1042 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 b (new)
Paragraph 86 b (new)
86b. Condemns Turkey's assault against the Kurdish population –inside and outside Turkey - and the widespread reports of violation of migrant and asylum rights, including of the non-refoulement principle, within its territory;
Amendment 1043 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 c (new)
Paragraph 86 c (new)
86c. Highlights the need to incorporate effective monitoring mechanisms and accountability measures in all migration management cooperation agreements with third countries. These should ensure that the human rights principles referred to in EU political and legal instruments will be duly complied with at all times of the migratory process and guarantee that the human rights of migrants and refugees, are respected and protected in third countries;
Amendment 1055 #
2015/2095(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
Amendment 1061 #
2015/2095(INI)
Motion for a resolution
Paragraph 88 a (new)
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.
Amendment 1068 #
2015/2095(INI)
Motion for a resolution
Paragraph 89
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;
Amendment 1086 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long -term, much greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as – war, poverty, corruption, dictatorial regimes, climate change and natural disasters, ethnic cleansing, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; points out that this and avoid military interventions which have already demonstrated their capacity to create chaos in foreign States and Regions; Points out that means that the Commission and the Member States must put up the money to help build capacity in third countries,; such as by facilitating investment and education,; strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there; ;
Amendment 1099 #
2015/2095(INI)
Motion for a resolution
Paragraph 92 a (new)
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;
Amendment 1100 #
2015/2095(INI)
Motion for a resolution
Paragraph 92 b (new)
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;
Amendment 1103 #
2015/2095(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93a. Recommends that, whenever possible, funding instruments should allow for small grants or sub-granting schemes, as these are better suited than larger grants to the needs and capacities of non-state actors such as local governments and civil society organisations;
Amendment 1105 #
2015/2095(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Welcomes the recently established Emergency Trust Fund for Africa and the EUR 1.8 billion pledged to the fund, which has added an additional element to third-country funding; callCalls the European Commission to provide the European Parliament with regular and detailed information about the spending and allocation of projects oin the Member States to continue contributing to the fund;framework of the Emergency Trust Fund for Africa.
Amendment 1119 #
2015/2095(INI)
Motion for a resolution
Paragraph 96
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;
Amendment 1122 #
2015/2095(INI)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96a. Underlines therefore the need to establish a coordination mechanism between the different funding sources both at EU and national level;
Amendment 1123 #
2015/2095(INI)
Motion for a resolution
Paragraph 96 b (new)
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.
Amendment 1125 #
2015/2095(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Is of the opinion that such a comprehensive overview of Union funding related to migration, both within and outside the Union must be provided, as the absence of such an overview is a clear obstacle to transparency and sound policymaking; notes, in that regard, that one possible option could be a website comprising a database of all Union funded projects related to migration policyinternal and external migration policies, including those concerning the management of borders; underlines that the need for transparency also extends to budget lines in order to ensure adequate funding for all objectives of Union migration policy;
Amendment 1129 #
2015/2095(INI)
Motion for a resolution
Paragraph 97 a (new)
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;
Amendment 1143 #
2015/2095(INI)
Motion for a resolution
Paragraph 101 a (new)
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;
Amendment 1148 #
2015/2095(INI)
Motion for a resolution
Paragraph 103
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;
Amendment 1194 #
2015/2095(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Takes the view that, in the medium and long run, the Union will need to establish more general rules governing the entry and residence for those third-country nationals seeking employment in the Union to fill the gaps identified in the Union labour market, ensure equality in working conditions and social protection, and address restrictions in current labour migration and work permit schemes that tie workers to unscrupulous employers and result in exploitation and loss of status;
Amendment 1221 #
2015/2095(INI)
Motion for a resolution
Paragraph 115
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;
Amendment 1224 #
2015/2095(INI)
Motion for a resolution
Paragraph 115 a (new)
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;
Amendment 1225 #
2015/2095(INI)
Motion for a resolution
Paragraph 115 b (new)
Paragraph 115 b (new)
115b. 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;
Amendment 1229 #
2015/2095(INI)
Motion for a resolution
Paragraph 117
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 smugglemployers 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;
Amendment 1241 #
2015/2095(INI)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes, moreover, that it is clear that the dDirective should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages, and where future investments will be necessary for a new economic growth of the EU; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing dDirective, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third- country nationals who could help tackle the gaps identified in EU labour markets;
Amendment 8 #
2015/2086(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the Issue Paper of the Commissioner for Human Rights on Adoption and Children: a Human Rights Perspective, published on 28 April 2011,
Amendment 17 #
2015/2086(INL)
Motion for a resolution
Recital A
Recital A
A. whereas in the area of adoption, the basic principle must always be that any decision should be taken in theaccordance with the principle of the best interests of the child, as enshrined in Article 3 of the Convention on the Rights of the Child;
Amendment 100 #
2015/2086(INL)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the lack of such provisions puts at risk children's right to a stable and permanent family;
Amendment 110 #
2015/2086(INL)
Motion for a resolution
Recital T a (new)
Recital T a (new)
Ta. whereas the costs linked to the absence of legislation on an automatic recognition of adoption decisions in the Union is estimated to amount to approximately €1.65 million per annum;
Amendment 116 #
2015/2086(INL)
Motion for a resolution
Recital U a (new)
Recital U a (new)
Ua. whereas such legislation would complement the existing Union regulation on issues of jurisdiction and parental responsibility (Brussels IIa) and fill the existing gap on recognition of adoptions as provided under international law (the 1993 Hague Convention);
Amendment 148 #
2015/2086(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the relevant authorities should always first consider the possibility of placing the child within its biological family, even when members of that family live in another country, if the child has relations with those members of that family and following individual assessment of the child's needs, before giving the child up for adoption by strangers; considers that the habitual residence of family members who wish to take over responsibility for a child should not be considered as a deciding factor;
Amendment 10 #
2015/2085(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the protection of vulnerable adults is a cross-border issue and therefore concerns all Member States; whereas this issue is symbolicdemonstrates the importance of the role which the Union and its Parliament must play in responding to the problems and difficulties which European citizens encounter in the exercise of their rights;
Amendment 13 #
2015/2085(INL)
Motion for a resolution
Recital C
Recital C
C. whereas the legal protection of vulnerable adults is a human rights issue; whereas every vulnerable adult, like any European citizen, must be considered to be a holder of rights and capable of making free, independent and informed decisions within the limits of his or her capacity, not simply a passive recipient of care and attention;
Amendment 20 #
2015/2085(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas a rapidly increasing life expectancy will have among other consequences an increasing number of vulnerable adults suffering from age- related illnesses;
Amendment 24 #
2015/2085(INL)
Motion for a resolution
Recital G
Recital G
G. whereas differences exist between the Member States’ legal provisions concerning among others jurisdiction, applicable law ands well as the recognition and enforcement of protection measures for adults; whereas the diversity of applicable laws and the multiplicity of competent jurisdictions may affect the right of vulnerable adults to move freely and to reside in the Member State of their choice;
Amendment 27 #
2015/2085(INL)
Motion for a resolution
Recital K
Recital K
K. whereas a vulnerable adult is a person who has reached the age of 18 years and who, by reason of an impairment or insufficiency of his or her personal faculties, is not in a position to adequately protect his or her interests; this includes also a person who is impaired in the ability to adequately provide for his or her own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction;
Amendment 29 #
2015/2085(INL)
Motion for a resolution
Recital L
Recital L
L. whereas ‘protection measures’ should be taken to mean in particular the measures envisaged in Article 3 of the Hague Convention;
Amendment 33 #
2015/2085(INL)
Motion for a resolution
Recital P
Recital P
P. whereas Union action in the area of protection of vulnerable adults should seek principally to facilitatensure the circulation, recognition and enforcement by Member States’ authorities of protection measures for a vulnerable adult taken by the authorities of another Member State, and to enhance communication and cooperation between Member States in this regard;
Amendment 39 #
2015/2085(INL)
Motion for a resolution
Recital T
Recital T
T. whereas protection measures taken by the authorities of one Member State should automatically be recognised in the other Member States; whereas, notwithstanding the foregoing, it may be necessary to establish grounds to refuse recognition in order to safeguard the public policy of the requested state, provided European Union legislation and national law are respected;
Amendment 45 #
2015/2085(INL)
Motion for a resolution
Recital U
Recital U
U. whereas effective mechanisms could be introduced to facilitatensure the recognition, registration and use of mandates in anticipation of incapacity throughout the European Union; whereas a single mandate in anticipation of incapacity form should be created at EU level in order to ensure that such mandates are effective in all the Member States;
Amendment 51 #
2015/2085(INL)
Motion for a resolution
Recital W
Recital W
W. whereas a legal decision handed down in a Member State which is enforceable in that Member State should be enforceable in the other Member States without any declaration of enforceability being required;
Amendment 66 #
2015/2085(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reminds the Commission and the Member States that not all vulnerable adults are necessarily vulnerable by virtue of their advanced age, and calls for measures to be taken to strengthen the legal protection and rights not only of elderly vulnerable adults, but also of adults who are vulnerable by virtue of a serious mental and/or physical disability and/or their socio-economic situation;
Amendment 77 #
2015/2085(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to fund projects designed to make EU citizens aware of the Member States’ laws on vulnerable adults and protection measures as well as to fund projects designed to assess, detect and address, where it is possible, the causes of their vulnerability, in order also to decrease the incidence of preventable vulnerable adult deaths; calls on the Member States to take appropriate steps to provide all persons on their territory with informationeasily accessible and sufficient information in particular about their national laws and the services available in the area of the protection of vulnerable adults;
Amendment 2 #
2015/2084(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas pursuant to Articles 4(1) and 5(1) TEU (principle of conferral) the Union may legislate in a given area only if it has explicit competence to do so and in so far as it complies with the principles of subsidiarity and proportionality;
Amendment 7 #
2015/2084(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the right to a fair trial, as enshrined in Article 47 of the Charter and in Article 6 ECHR, constitutes one of the fundamental guarantees for the respect of the rule of law and of democracy;
Amendment 11 #
2015/2084(INL)
Motion for a resolution
Recital J
Recital J
J. whereas within the currentexisting Treaty framework, the main legal basis for the harmonisation of civil procedure is provided for in Title V TFEU, in the Area of Freedom, Security and Justice;
Amendment 12 #
2015/2084(INL)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the requirement of a cross-border element for Union competence to be established has been maintained under the Lisbon Treaty, with the result that Union action in the area of civil justice is only possible if there are connecting factors in a case (e.g. residence, place of performance, etc.) pointing to at least two different Member States;
Amendment 13 #
2015/2084(INL)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the general provision of Article 114 TFEU on the approximation of the internal market has been and is still being used as the legal basis for a variety of sector-specific measures of civil justice, such as for example the Intellectual Property Rights Enforcement Directive (IPRED) and the most recent Directive on Antitrust Damages, which is often described as 'proceduralisation through the back door';
Amendment 14 #
2015/2084(INL)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas 'mutual trust' is understood in this context as the confidence that Member States should have in each other's legal systems and courts, which results in the prohibition to review what other States and their judiciaries are doing;
Amendment 20 #
2015/2084(INL)
Motion for a resolution
Recital S
Recital S
S. whereas it is therefore of the utmost importance to adopt and to properly implement legislation providing for the adoption of common minimum standards of civil procedure in the Union;
Amendment 22 #
2015/2084(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls also on the Commission to assess whether further measures to consolidate and strengthen a horizontalarmonised approach to the private enforcement of rights granted under Union law should be proposed and whether the hereby-proposed common minimum standards of civil procedure could be seen as promoting and ensuring such a horizontal paradigm;
Amendment 27 #
2015/2084(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that mutual trust may be fostered inter alia by non-legislative methods, such as judges cooperating within the European Judicial Network or participating in training;
Amendment 33 #
2015/2084(INL)
Motion for a resolution
Annex I – Part A – paragraph 6
Annex I – Part A – paragraph 6
6. Common minimum standards should lead to increased confidence in the civil justice systems of all Member States, which, in turn, should lead to more efficient judicial cooperation as well as to faster, cheaper and more flexible judicial procedures in a climate of mutual trust. Such common minimum rules should also remove obstacles to the free movement of citizens throughout the territory of the Member States.
Amendment 35 #
2015/2084(INL)
Motion for a resolution
Annex I – Part A – paragraph 7
Annex I – Part A – paragraph 7
7. The proposed directive is not aimed at substituting national procedural regimes in their entirety, but while respecting national specificities, as well as the fundamental right to an effective remedy and to a fair trial which ensures effective access to justice, it is aimed at establishing common minimum standards regarding the function and conduct of civil proceedings for all matters falling within the scope of Union law. It is also aimed at providing a basis for the gradual deepening of the approximation of civil procedural regimes of Member States.
Amendment 39 #
2015/2084(INL)
Motion for a resolution
Annex I – Part B – Recital 15
Annex I – Part B – Recital 15
(15) The objective of securing a fair trial, a better access to justice and mutual trust, as part of the policy of the European Union to establish an area of freedom, security and justice, should encompass access to judicial as well as extrajudicial dispute resolution methods. In order to encourage parties to use mediation, Member States should ensure that their rules on limitation and prescription periods do not prevent the parties from going to court or to arbitration if their mediation attempt fails.
Amendment 42 #
2015/2084(INL)
Motion for a resolution
Annex I – Part B – Recital 20
Annex I – Part B – Recital 20
(20) The creation of a European judicial culture that fully respects subsidiarity, proportionality and judicial independence is central to the efficient functioning of a European judicial area. Judicial training is a crucial element in this process as it enhances mutual confidence between Member States, practitioners and citizens.
Amendment 45 #
2015/2084(INL)
Motion for a resolution
Annex I – Part B – Article 1
Annex I – Part B – Article 1
The objective of this Directive is to approximate procedural systems so as to ensure full respect of for the right to a fair trial as recognised in Article 47 of the Charter and in Article 6 of the ECHR, by laying down minimum standards concerning the commencement, conduct and conclusion of civil proceedings before Member States’ courts or tribunals.
Amendment 46 #
2015/2084(INL)
Motion for a resolution
Annex I – Part B – Article 4 – first subparagraph
Annex I – Part B – Article 4 – first subparagraph
Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the rights conferred by Union civil law. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays, while respecting national specificities and fundamental rights.
Amendment 48 #
2015/2084(INL)
Motion for a resolution
Annex I – Part B – Article 7 – paragraph 1
Annex I – Part B – Article 7 – paragraph 1
1. Member States’ courts or tribunals shall respect the right to a fair trialn effective remedy and a fair trial which ensures effective access to justice and the principle of an adversarial process, in particular when deciding on the necessity of an oral hearing and on the means of taking evidence and the extent to which evidence is to be taken.
Amendment 49 #
2015/2084(INL)
Motion for a resolution
Annex I – Part B – Article 9 – paragraph 1
Annex I – Part B – Article 9 – paragraph 1
1. Member States’ courts shall ensure that courts actively manage the cases before them in order to ensure fair, efficient and at reasonable speed and costs disposition of disputes, without impairing the freedom of the parties to determine the subject-matter of, and the supporting evidence for, their case.
Amendment 2 #
2015/2063(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 2, 3, 5, 6, 7 and 21 of the Treaty on European Union and to Articles 4, 8, 10, 67, 68, 70, 71, 72, 75, 82, 83, 84, 85, 86, 87 and 88 of the Treaty on the Functioning of the European Union,
Amendment 3 #
2015/2063(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the European Fundamental Rights Agency EU-MIDIS Data in Focus Report 2: Muslims and survey on Jewish people's experiences and perceptions of hate crime and discrimination in European Union Member States.
Amendment 4 #
2015/2063(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the resolution adopted by the United Nations Security Council on 8 October 2004 concerning Threats to International Peace and Security Caused by Terrorism
Amendment 5 #
2015/2063(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having Regard to the European Court of Justice rulings C-373/13 H. T. v Land Baden-Württemberg and Joined Cases C- 57/09 and C-101/09 Bundesrepublik Deutschland v B and D;
Amendment 42 #
2015/2063(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas violent far-right extremism has led to tragic events such as the attacks in Norway on 22 July 2011 and is a growing danger across Europe and the consequence of the increasing legitimisation of xenophobic and islamophobic political discourses.
Amendment 46 #
2015/2063(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas, according to Europol in 2013 there were 152 terrorist attacks in the EU. Two of them were "religiously motivated." 84 were motivated by ethno- nationalist or separatist beliefs. In 2012, there were 219 terrorist attacks in EU countries, six of them were "religiously motivated."
Amendment 59 #
2015/2063(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas this report must also be the occasion to address the actions of every kind of terrorist organization, despite their perceived association to any religion, nationality, or ethnic group.
Amendment 60 #
2015/2063(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas Jewish communities are one of the targets of these terrorist and anti- Semitic attacks, leading to an increasing perception of insecurity and fear within the Jewish communities in Europe.
Amendment 65 #
2015/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of instruments already exist in Europe to address the radicalisationecruitment of European citizens in terrorist organisations and whereas the European Union and its Member States should show there-orientate their policies in a way that prioritises prevention by are making full use of thescognising and addressing the multiple factors which push people to extreme violence;
Amendment 71 #
2015/2063(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the extent to which the sState assumes responsibility for the risk of radicalisationprevention of recruitment can vary greatly from one Member State to another; whereas, while some Member States have already taken effective measures, others are lagging behind in their action to tackle this phenomenon;
Amendment 76 #
2015/2063(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas some of these measures can have discriminatory effects on some communities, including on Muslims or those perceived as such
Amendment 90 #
2015/2063(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the important thing now is to put greater stress on preventive rather than reactive measures to address the radicalviolent extremisation of European citizens and their recruitment by terrorist organisations;
Amendment 103 #
2015/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential that fundamental rights and civil liberties be respected in all measures undertaken by the European Union and the Member States; whereas the security of European citizens is not incompatible with guaranteeing their freedoms; whereas, indeed, these two principles are two sides of the same coin;must preserve their liberties, by respecting international standards of fundamental rights
Amendment 120 #
2015/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish as quickly as possible a global strategy to prevent the rvaluate the effectiveness and impact of the ongoing EU Strategy for Combating Radicalisation and rRecruitment of European citizens, taking into account all vectors of radicalviolent extremisation, on the basis of the exchange of best practice within the European Union and the evaluation of measures undertaken in the Member States, including the February 2015 Washington Summit on Countering Violent Extremism; takes the view that the Commission should develop an intensive communication strategy on preventing the radicalisation andspread of violent extremism and the recruitment of European citizens by terrorist organisations; recommends for this purpose the significant implication of civil society organisations, religious or not, which are holding experience and expertise to prevent the spread of violent extremism. Consultation and participation of civil society should be without prejudice to those NGOs which do not want to participate in such efforts.
Amendment 131 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Requests the full disclosure of the EU Council Action plans and guidelines on the ongoing EU Strategy for Combating Radicalisation and Recruitment to Terrorism;
Amendment 135 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 157 #
2015/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of making the fullest use of existing instruments to combat the radicalisation andaddress the primary causes, to prevent and combat the spread of violent extremism and the recruitment of European citizens by violent extremist and terrorist organisations; recommends that more use should be made of European funds to that end; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in taking on this objective of stamping out the , including an important provision of funds in order to promote social, economic, housing and living inclusion and strengthen the education system and its capacity building; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in taking on this objective; recommends the RAN to consult and draw on the expertise and grassroots experience of different communities and especially youth NGOs across Europe and look at "radicaliszation of European citizens;" in a comprehensive way to include all forms of violent extremism, as part of a complex phenomenon.
Amendment 163 #
2015/2063(INI)
Motion for a resolution
Subheading II
Subheading II
II. Preventing radicalisationthe spread of violent extremism and recruitment in prisons
Amendment 167 #
2015/2063(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that prisons remain a breeding groundone of several environments for the spread of radicalviolent extremist ideologies; calls on the Commission to encourage the exchange of best practices among the Member States in order to counter the increase of radicalisationviolent extremism in Europe's prisons; deplore however the overcrowding of prisons, leading to poor conditions in prisons in several Member states
Amendment 202 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. EncouragesCalls for the establishment of adequate funding of educational programmes in Europe's prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicals in prison;
Amendment 211 #
2015/2063(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the strengthening, or the creation where necessary, of a complete system of social services supporting inmates and their families during imprisonment and their reintegration into society afterwards;
Amendment 214 #
2015/2063(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Recognizes that central to such efforts is a prison environment which fully respects the human rights of inmates and complies with international and regional standards, including the UN Standard Minimum Rules for the Treatment of Prisoners;
Amendment 217 #
Amendment 230 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalviolent extremisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on some young people, who are particularly vulnerable; calls for a dialogue to bnotes the plaunched at European level with the internet giants with a view to preventing the online distribution of hate messages and to eradicating them swiftlyns outlined in the European agenda on security (COM(2015) 185 final of 28 April 2015 and COM(2013) 941 final of 15 January 2015) to set up an internet intermediaries forum as a measure to address terrorism;
Amendment 334 #
2015/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that online radicalviolent extremisation cannot be stamped outaddressed comprehensively without reinforcassessing the tools available to the EU to combat cybercrime; recommends that the European Union strengthenreassess the mandate of the European Cybercrime Centre so that it can play an effective role in better protecting European citizens against online threats and detecting the digital processes used by terrorist organisations;
Amendment 339 #
2015/2063(INI)
Motion for a resolution
Subheading IV
Subheading IV
IV. Preventing radicalisationviolent extremism through education, and integratti-discrimination and social inclusion
Amendment 352 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that schools and education have an important role to play in preventing radicalisationthe spread of violent extremism; recalls the crucial role that schools play in helping to promote integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, education on religious issues in schoolstolerance and anti-discrimination in schools; highlights that Member States should also ensure that schools' education and internal functioning respect and promotes the fundamental values of the Union (non-discrimination, contribution from all minorities to Europe, democratic participation, respect for diversity, critical thinking and individuality, following Article 29 of the UN Convention on the Rights of the Child);
Amendment 361 #
2015/2063(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that discrimination, exclusion and restrictions on freedoms and rights of individuals as well as economic and geographical marginalization (ghettoization) contribute to their experience of alienation and exclusion. Calls therefore Member States to diligently implement EU anti- discrimination instruments (including the Racial Equality Directive 2000/43/EC) and make full use of the European Charter on Fundamental Rights and invites Member States to ratify the European Social Charter;
Amendment 362 #
2015/2063(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls the European Union and Member States to take serious measures to address discrimination, islamophobia and social exclusion and to ensure that citizens from all backgrounds have equal protection of the law and that hate crimes against all groups are taken seriously. Attacks on all communities must be condemned; all citizens need to feel protected by the State.
Amendment 363 #
2015/2063(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. At EU level, stresses that tackling discrimination and social exclusion must be part of a counter-extremism strategy
Amendment 364 #
2015/2063(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls for a strong involvement of the municipalities and local administrations in the development of policies aimed at a more inclusive urban reorganisation of the cities and their suburbs
Amendment 379 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Union to carry out, together with relevant experts such as the RAN, a communication campaign to raise the awareness of young people, as well as supervisory staff, as regards issues of radicalisationviolent extremism; calls on the Member States to introduceprovide educational staff with a specialist training for teaching staff so that they can detect any suspicious changes in behaviour and properly superviseand appropriated tools so that they can understand the emergence of possible changes in behaviour and be prepared to talk in a dialectic way with young people who are at risk of being recruited by terrorist organisations;
Amendment 382 #
2015/2063(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls the EU to issue guidelines to ensure schools incorporate fundamental rights and democracy in their teaching and practices, and to extend participation of young people in the activities of their schools, to practice real values of citizenship and participation.
Amendment 384 #
2015/2063(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Commission to make an effort to extend Erasmus+ and mobility programmes to benefit marginalized groups
Amendment 391 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is vital to engage in dialogue with the various cultural- religious communities in order to help reach a better understanding of the phenomenon of radicalisationviolent extremism; draws the Member States' attention to the issue of training religious leaders in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, particularly when they are around prisoners deemed to be radicalisedneed to include religious communities in the cultural life of the State both at local and regional level;
Amendment 406 #
2015/2063(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Therefore, cultural-religious communities should be involved in the development of prevention policies against violent extremism as well as other policies affecting them;
Amendment 411 #
2015/2063(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the crucial importance of making all actors aware of their responsibility to prevent radicalisation, whether at local, national, European or international levelsupporting with adequate funding all actors responsible in preventing the spread of violent extremism, whether at local, national, European or international level, including through constant small and large scale interventions promoting self and community empowering and social inclusion; encourages the establishment of close cooperation between all civil society actors, including national and local platforms for cooperation between actors on the ground, such as associations, NGOs and families of victims; calls, in this regard, for the introduction of training adapted for the actors on the ground dealing with potentially radicalised European citizens;
Amendment 429 #
2015/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Feels that thoseall local actors have a crucial role to play in the development of projects adapted to their towns or organisations, in addition to their role as an integrating factor for those European citizens who feel at odds with society and tempted by radicalisationcitizens tempted by violent extremism; feels that the Member States should support the establishment of structures facilitating, in particular, the supervision of young people, as well as exchanges with families, schools, hospitals, universities and so on; recalls that these measures can only be implemented by the deployment of long term social investment programs, notes that such associations and organisations, which do not bear the mark of governments, sometimes achieve better results in reintegrating citizens who are oin the path towards radicalisationrocess of becoming violent extremists into society;
Amendment 443 #
2015/2063(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it vital to set up an ale support system in each Member State which would allow families and community members to easily and swiftly flag the development of radicalviolent extremist behaviour or a European citizen's departure to join a terrorist organisation;
Amendment 451 #
2015/2063(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls therefore the Commission to verify the application of the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law in the Member States
Amendment 455 #
2015/2063(INI)
Motion for a resolution
Subheading V
Subheading V
V. Stepping up the exchange of information on radicalisedviolent extremist European citizens in Europe
Amendment 469 #
2015/2063(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls the "Data Retention" judgment (Joined Cases C-293/12 and C- 594/12) where the European Court of Justice found that an act of EU legislature had exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the EU Charter of Fundamental Rights
Amendment 481 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities in the Member States; stresses thate importance of stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role ofand cooperation with European Union agencies, such as Europol and Eurojust;
Amendment 490 #
2015/2063(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that improved cooperation between the Member States aimed at countering the radicalisation andspread of violent extremism and the recruitment of European citizens is also characterised by intensive exchanges between the judicial authorities; Notes that better reporting at European level on the criminal records of European citizens at risk of becoming radicalisedviolent extremists would help speed up their detection and make it easier for them to be properly monitored, either when they leave or when they return; encourages, therefore, the reforma re-evaluation of the ECRIS system;
Amendment 492 #
2015/2063(INI)
Motion for a resolution
Subheading VI
Subheading VI
VI. Strengthening deterrents against radicalisationviolent extremism
Amendment 497 #
2015/2063(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is convincedBelieves that the measures aimed at preventing the radicalisationspread of violent extremism of European citizens and their recruitment by terrorist organisations will not be fully effective until they are accompanied by an effective and dissuasive range of criminal justice measures; feels that, through effectively criminalimprove when Member States will make good use of the existing terrorist acts and other actions carried out abroad with terrorist organisations, the Member States will equip themselves with the tools needed to eliminate radicalisation among European citizenEU police and judicial cooperation tools in criminal matters;
Amendment 504 #
2015/2063(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. All EU and national measures aimed at preventing the spread of violent extremism of European citizens and their recruitment by terrorist organisations should respect EU Fundamental rights and the relevant case law by the European Court of Justice and European Court of Human Rights including: the principle of presumption of innocence, the principle legal certainty, the right to a fair and impartial trial, the right to appeal and the principle of non-discrimination
Amendment 506 #
2015/2063(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. All EU and national policies aimed at preventing the spread of violent extremism of European citizens and their recruitment by terrorist organisations should be fully compliant with States' other human rights obligations, including in particular respect for freedom of expression, freedom of movement, the prohibition of arbitrary arrest or detention, the principle of non- refoulement, and should include accountability mechanisms to protect individuals against abusive application of such policies and to ensure the right to an effective remedy against violations.
Amendment 515 #
2015/2063(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that criminalising terrorist acts carried out by foreign fighters requires the collection of evidence in third countries to be possible; Recalls that judicial cooperation agreements with third countries can only be reached with countries which respect Fundamental Human Rights, which exclude torture, extraordinary renditions and death penalty in their judicial orders ; calls, therefore, on the European Union to work on establishing judicial cooperation agreements following EU or higher fundamental rights standards and guarantees with third countries in order to facilitate such processes;
Amendment 517 #
2015/2063(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. This includes the obligation not to share intelligence or other information where there is a real risk that it may directly or indirectly lead to violation of international human rights law, or has or may have been directly or indirectly obtained in violation of the same human rights law, including the absolute prohibition on torture and other ill- treatment and the right to privacy;
Amendment 520 #
2015/2063(INI)
Motion for a resolution
Subheading VII
Subheading VII
VII. Preventing the departure and anticipating the return of radicalisedviolent extremist European citizens
Amendment 541 #
2015/2063(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Believes that measures implemented to tackle the spread of violent extremism must not be used in order to limit immigration. Additional controls at external borders, as agreed by Member States, should not lead to racial or ethnic profiling.
Amendment 567 #
2015/2063(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses once more the vitalthe importance of the European Union establishing close cooperation with non- EU countries, notably transit countries and those to which foreign fighters are heading, insofar as this is possible, in order to be able to identify EU citizens leaving to fight for terrorist organisations or returning thereafteronly if this cooperation doesn't violate the principles of the European Charter of Fundamental Rights and if this does not mean cooperating with dictatorial regimes;
Amendment 574 #
2015/2063(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is convinced thatAny measures by the EU and its member states to cooperate with transit countries and those to which foreign fighters are heading, or from which they are planning to return, must be fully compliant with respect for human rights, including in particular the principle of non-refoulement, the prohibition on arbitrary arrest and detention, the right to freedom of movement; for such enhanced cooperation to be established the Commission, and the European External Action Service (EEAS) in particular, need to make greater efforts in terms of Arabic- speaking staffforeign language staff (including Arabic) and spokespersons; considers it essential that the EUʼs call to combat radicalisationviolent extremism can be heard beyond its own borders;
Amendment 608 #
2015/2063(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. States that a comprehensive approach to preventing the radicalisationspread of violent extremism and recruitment of EU citizens by terrorist organisations can only be successfully put in place if accompanied by measures to deradicalise EU citizens beguiled byhelp vulnerable EU citizens not to fall prey to terrorist rhetoric; calls on the European Union therefore to facilitate the sharing by Member States of good practices in regard to putting in place deradicaisengagement and rehabilistation structures – based on social and educational integration - to prevent EU citizens leaving the EU or to controlencourage their return thereto;
Amendment 619 #
2015/2063(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Notes that experiences of civil society organisations suggest that concrete alternatives for young people regarding their future, employment and social inclusion, constitutes a strong shield to violent extremism; recalls that these measures require long term social investment.
Amendment 620 #
2015/2063(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. Calls therefore for more support to youth NGOs working with youth from difficult and marginalized backgrounds, to help prevent all forms of extremism.
Amendment 626 #
2015/2063(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Supports the development of a communication campaign at EU level based on the experiences of ʽformer foreign fightersʼ whose eye-witness accounts and traumatic experiences help strip awayreduce the religious significanceweight of fighting for terrorist organisations such as ISIS; encourages Member States mphasises furtherefmore to develop such structures enabling face- to-face meetings and dialogue with former fighters; emphasises furthermore that contact with victims of terrorismhat contact with victims of terrorism and families of former or deceased terrorists also seems to be an effective means of stripping radical rhetoric of itsreducing the religious significance of violent extremism;
Amendment 633 #
Amendment 643 #
2015/2063(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Supports measures to weaken terrorist organisations from the inside and lessen their potential influence on EU citizens; encourages the European Union to look into ways of dismantling jihadist networks and identifying how they are funded; encourages the Commission to propose a regulation on identifying terrorismCommission to propose a regulation on identifying terrorism funding channels; recalls however that terrorist activities are funded by underground and criminal economy, such as non-declared work, illegal activities, banditry and fraud; underlines then that it is essential to combat these internal founding channels; 's pattern.
Amendment 2 #
2015/2062(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the European Convention on Human Rights and Fundamental Freedoms (ECHR) (Article 3, Article 8), the protocols to the ECHR and the case- law of the European Court of Human Rights, the European Convention of 1987 for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment and the reports of the European Committee for the Prevention of Torture (CPT),
Amendment 9 #
2015/2062(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the judgments of the European Court of Human Rights Khodorkovskiy and Lebedev v. Russia5, Vintman v. Ukraine6 and Rodzevillo v. Ukraine7, 5 ECHR 11082/06, and 13772/05, 25.07.2013. 6 ECHR 28403/05, 23.10.2014. 7 ECHR 387711/06, 14/01/2016.
Amendment 10 #
2015/2062(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the judgment of the European Court of Human Rights Vinter and others v. UK8; 8 ECHR 66069/09, 130/10, 3896/10, 09.07.2013.
Amendment 13 #
2015/2062(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard also to the studies of the European Penal Observatory (EPO): "From national practices to European guidelines: interesting initiatives in prisons management", 2013 (ISBN 978- 88-98688-09-8), as well as "National monitoring bodies of prison conditions and the European standards", 2015 (ISBN 978-88-98688-11-1);
Amendment 41 #
2015/2062(INI)
Motion for a resolution
Recital E
Recital E
E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors and people suffering from mental and psychiatric disturbances or other serious illnesses;
Amendment 69 #
2015/2062(INI)
Motion for a resolution
Recital I
Recital I
I. whereas continuous training of prison staff and, good and safe working conditions as well as an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 72 #
2015/2062(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas motivated, dedicated and respected prison staff is precondition for human detention conditions and hence for the success of detention concepts designed to improve the management of prisons, the successful reintegration of inmates into society, and the reduction of risks of radicalisation and recidivism;
Amendment 87 #
2015/2062(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas it has been proven that it is easier to maintain good order in prisons, when the different needs of inmates [including the need for "a basic comfort" (i.e. accommodation respecting the norms of decency and hygiene, protection against any abuse, access to medical services of good quality), the need for equity, the need for a possibility to practice activities which involve the inmates' skills and reveal their potential, as well the need for a possibility of developing regular contacts with the outside world, to have moments of intimacy, to develop personalised and helpful relationship with the prison staff], are respected9; 9 See for example: Zamble, E. (1992), "Behaviour and adaption in long-term prison inmates. Descriptive longitudinal results", Criminal Justice and Behaviour, 19; Morgan, R. (1994), "Thoughts about control in prisons", Prison Service Journal 93; Snacken, S. (2011), "Prisons en Europe. Pour une Penalogie critique et humaniste", Lacrier.
Amendment 94 #
2015/2062(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas research concludes that the development of a representative democracy and of a constructive dialogue inside prisons has been beneficial for prisoners, staff and the wider society and helps to improve staff- prisoner relationships;
Amendment 101 #
2015/2062(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that a restorative and protective view of criminal justice systems automatically entails a higher respect for individual's human dignity as it aims the protection of society and the rehabilitation of the person. Therefore, stresses that by focusing on restoration of both society and the individual who broke the law, societies can leave the personal human dignity intact, while condemning the specific criminal behaviour.
Amendment 124 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the development of mediation and restorative practices over the use of disciplinary proceedings is almost entirely absent across most of Member States of the EU; calls therefore on the EU institutions to gather evidence on positive mediation as a restorative practice across most Member States and actively communicate this research to the penal systems of the Member States;
Amendment 138 #
2015/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that increasing prisons’ capacity is not the sole solution to overcrowding, as the prison population tends to rise at the same rate as prison capacity; calls nonetheless on Member States to allocate appropriate resources to refurbishment and modernisation of prisons in order to protect the rights of prisoners; recalls that privatisations of penal systems often leave many questions open regarding the profit orientated management of prisons, its impact on detention conditions and on the respect of fundamental rights; recalls that the execution of sentences and punishments must, as an intrusion into fundamental rights and liberties, remain under the authority of the state; recalls the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 157 #
2015/2062(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that remand in custody must remain a measure of last resort, to be used in cases where it is strictly necessary and for the shortest possible period of time; deplores the fact that in many Member States in practice remand is used systematically, which, combined with poor prison conditions or practices such as solitary confinement, may constitute a violation of the fundamental rights of prisoners;
Amendment 170 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. In order to make a success of social reintegration prisoners shall be allocated to the extent possible, to prisons close to their homes or their places of social rehabilitation; the place of family, linguistic, cultural, social or economic and other links should be taken into account by the authorities when allocating prisoners. According to the European Court of Human Rights, detaining a person in a prison which is so far from his or her family as to render family visits very difficult or even impossible may constitute a breach of Article 8 ECHR (the right to respect for private and family life).
Amendment 187 #
2015/2062(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes with concern the wide variation between Member States of minimum terms to be served before reviews of sentences of life imprisonment; notes the importance of sentence reviews as a mechanism to promote rehabilitation and atonement; draws attention in this regard to minimum term limits in the Scandinavian countries.
Amendment 194 #
2015/2062(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to abide by the specific recommendations concerning prison conditions for vulnerable detainees; deplores the fact that people who are seriously mentally ill sometimes are, and remain, imprisoned simply because of the lack of appropriate services elsewhere, and recalls that, according to the European Court of Human Rights, the inadequate treatment of people who are mentally ill may constitute a breach of Article 3 ECHR and Article 2 ECHR (the right to life) in the case of prisoners who are suicidal; calls on Member States to review each of the files of the seriously ill prisoners and consider whether their release on compassionate grounds would help to guarantee their right to health.
Amendment 200 #
2015/2062(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that access to courses for inmates (e.g. through the use of digital technology) should be the norm across the EU; access to education can be transformative for an inmate and it can broaden employment opportunities following release;
Amendment 201 #
2015/2062(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that there is a need to establish a comprehensive programme of secure cyber-access across the EU, as the appropriate technology exists to make such access secure and for certain sites to be blocked.
Amendment 254 #
2015/2062(INI)
12. Recalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison, and; recalls the fundamental role of social dialogue with prison staff as well as its involvement via information and consultation, especially when developing new detention concepts designed to improve prisons' systems and conditions, including those aiming at containing radicalization threats; encourages Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations, which should include representatives of prison staff, to be convened;
Amendment 264 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on Member States to encourage prison governors to commit to the development of prison councils in all establishments;
Amendment 281 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the EU institutions to support technically and economically, as far as possible, the improvement of prisons' systems and conditions, especially in Member States who face serious financial difficulties;
Amendment 4 #
2015/2060(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the Union should play a more active and prominent role in the process of global economic governance, and stresses the need forthrough its adhesion to international bodies. Stresses the need for institutional reforms in order to obtain coherent EU representation and a strong European voice in international financial, monetary and regulatory institutions and bodies;
Amendment 5 #
2015/2060(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that the Union, as member of international fora, shall promote the reform of the process of the international and economic governance according to its principles as foreseen, in particular, in Articles 2, 3 and 6 of the Treaty on the European Union;
Amendment 6 #
2015/2060(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for an adhesion of the European Union to international fora regulating and influencing the international economy. However, believes that the EU should clarify the legal nature of the decisions taken by the informal bodies leading the monetary Union;
Amendment 9 #
2015/2060(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the establishment of better- structured prior coordination mechanisms, so that a common EU position can be forged with a view to promoting effectively EU goals and policies more effectively within existas listed, in particular, in Articles 2, 3 and 6 TEU and in Articles 8, 9, 10, 11 and 12 TFEU, withing international economic forums;
Amendment 21 #
2015/2060(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that the EU should seek full membership of such international economic and financial institutions, where this has not yet been granted and is appropriate (in the case of the Organisation for Economic Cooperation and Development and the International Monetary Fund (IMF), for instance); calls for the relevant international economic and financial institutions to make all the necessary statutory changes in order to allow for the EUs full participation;
Amendment 27 #
2015/2060(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Believes that in the future, with due regard to the distribution of competences between the EU and its Member States and the progress made towards deepening economic and monetary union, consideration should be given to introducing unified external representation of the EU and the euro area within the IMF and other international economic forums, in order to allow the EU to exploit its potential fully and to increase its relevance and influence within the global economic and financial architecture; Stresses the need of a real reform of the EU policies, so as to avoid internal economic and social unbalances between Member States, and to allow processes of debt restructuring;
Amendment 28 #
2015/2060(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets the fact that the international financial, monetary and regulatory institutions and bodies as well as EU's participation in these are lacking democratic accountability and transparency in their decision-making process
Amendment 39 #
2015/2060(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Considers that Parliament should be duly informed of the Union’s activities and positions within existing economic and financial institutions and should have the right to express its opinion;
Amendment 41 #
2015/2060(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for the establishment of inter- institutional working groups that would convene before the official meetings of international financial, monetary and regulatory institutions and bodies and would grant the European Parliament the opportunity to express its opinion on the issues that would be discussed in the upcoming meetings; a mechanism should be created to take into account such opinion;
Amendment 42 #
2015/2060(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses that Parliament should be granted access to the relevant documents issued by economic and financial institutions, that an appropriate, open, regular and efficient reporting mechanism should be developed, and that EU participants should systematically provide feedback to Parliament on the decisions taken in these forums;
Amendment 49 #
2015/2060(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Is of the opinion that the EU should, where and when necessary, play a leading and more active role in promoting the reform of international economic and financial institutions with a view to making their functioning more democratic, transparent and accountable and thereby bringing them closer to citizens.
Amendment 50 #
2015/2060(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the careful scrutiny by the European Parliament of the procedures and methods deployed by the International Monetary Fund in the context of its participation in the hybrid institutions (formerly known as " troika") and welcomes, in this regard, the recent developments according to which the European Parliament has been asked to get involved in overseeing the Greek bailout programme and any other future bail-out programmes;
Amendment 1 #
2015/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that reinforcing the legitimacy, accountability and effectiveness of the EU institutions, together with the level of trust among EU citizens, is of the utmost importance, and believes that rules of good administration of the EU are key to achieving this objective through the provision of swift, clear and visible answers in response to citizens’ concerns;
Amendment 2 #
2015/2041(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Points out that it is the duty of the institutions to carry out regularly an open and transparent dialogue with civil society so as to enable citizens to become more informed and actively involved in the EU democratic process and exercise public scrutiny. Recalls that transparency is the key factor to restore the lack of citizens' trust in the EU and to increase the legitimacy of the EU institutions. Calls in this context on the Commission to revise the legislating regarding the ECI and is of the opinion that the Commission should not have the veto right, because of the potential conflict of interest, but its legal assessment should be advisory in nature. The revision of the ECI should also remove Art. 4(2)(b), which restrictively limits the admissibility of ECIs;
Amendment 3 #
2015/2041(INI)
Draft opinion
Paragraph 1 – point 2 (new)
Paragraph 1 – point 2 (new)
(2) Deplores that little progress has been made to implement Regulation (EC) No 1049/2001 as regards the obligation for the institutions to keep complete registers of documents, is convinced that Members of the European Parliament should have access to all the Commission's documents, points out in this relation the lack of transparency while negotiating the TTIP;
Amendment 6 #
2015/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that although the right to good administration is established in Article 41 of the Charter of Fundamental Rights of the European Union, the lack of a coherent and comprehensive set of codified rules of administrative law makes it difficult for citizens to know and understand their administrative rights under EU law;
Amendment 7 #
2015/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that although the right to good administration is established in Article 41 of the Charter of Fundamental Rights of the European Union,granting to every person the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union is established in Article 41 of the Charter of Fundamental Rights of the European Union and that this article also includes the right of every person to be heard before any individual measure which also includes the right of access to files while respecting the legitimate interests of confidentiality and of professional and business secrecy, and the duty of the administration to give reasons for its decisions, stresses that the lack of a coherent and comprehensive set of codified rules of administrative law makes it difficult for citizens to understand their administrative rights under EU law;
Amendment 7 #
2015/2041(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union ‘shall, in accordance with the principle of transparency, under Recital 13 to the Treaty on European Union, the second paragraph of Article 1, Article 9 and Article 10(3) TEU, the Union is to take decisions as closely as possible to the citizen and must observe the principle of the equality of its citizens, who shallare to receive equal attention from its institutions’ (Article 9 of the Treaty on European Union), and whereas ‘every citizen shall have the right to participate in the democratic life of the Union’ and ‘decisions shall be taken as openly and as closely as possible to the citizen’ (Article 10(3));
Amendment 8 #
2015/2041(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, in accordance with the requirement of transparency laid down in Article 15(3) TFEU in conjunction with the Article 42 of the Charter of Fundamental Rights and the settled case- law of the Court of Justice of the EU, all citizens of the Union have the right of access to documents of the Union's institutions, bodies and other agencies1a; __________________ 1aCf. COJEU, Joined Cases C-514/07 P, C-528/07 P and C-532/07 P
Amendment 9 #
2015/2041(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses further that despite the fact that the right of access to documents is established in Article 42 of the Charter of Fundamental Rights and further specified in Regulation 1049/2001, the institutions, bodies, offices and agencies of the European Union (the "EU institutions") have failed to fully implement it, resulting in arbitrary denials of access to documents thus increasing the inscrutability of the relevant institutions; calls for immediate and full compliance of the EU institutions with the aforementioned provisions;
Amendment 10 #
2015/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that a European Law of Administrative Procedure applicable to EU institutions, bodies, offices and agencies in their relations with the public would contribute to a high level of transparency and accountability and, increase citizens’ confidence in an open, efficient and independent EU administration with respect towards their rights and enhance their procedural rights vis-à-vis the EU institutions;
Amendment 11 #
2015/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that a European Law of Administrative Procedure applicable to EU institutions, bodies, offices and agencies in their relations with the public would contribute to a high level of transparency and accountability and increase citizens’ confidence in an open, efficient and independent EUto convincing citizens that the Union institutions work on their behalf and are accountable to them administration;
Amendment 15 #
2015/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls, in this connection, that in its resolution of 15 January 2013, adopted by an overwhelming majority, Parliament called for the adoption of an EU regulation on a European Law of Administrative Procedure; regrets that no steps have been taken by the Commission in this regard; calls again on the Commission to submit a proposal for a clear and binding set of rules for EU administration on the basis of Article 298 of the Treaty on the Functioning of the European Union (TFEU), which calls for openness, efficiency and independence, as well as on the basis of the general principles of EU law, as specified in the jurisprudence of the Court of Justice (CJEU);
Amendment 16 #
2015/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls, in this connection, that in its resolution of 15 January 2013, adopted by an overwhelming majority, Parliament called for the adoption of an EU regulation on a European Law of Administrative Procedure; calls again on the Commission to submit a proposal for a clear and binding set of rules for EU administration on the basis of Article 298 of the Treaty on the Functioning of the European Union (TFEU); as well as an ambitious plan of action regarding transparency and public access to documents in the shortest delay, for transparency is the cornerstone of better regulation, calls the EU institutions to ensure that their internal administrative procedures achieve the aim;
Amendment 22 #
2015/2041(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls the EU Agencies to adopt Guidelines for a coherent policy on the prevention and management of conflicts of interest for members of the Management Board and Directors, experts in scientific committees, and members of Boards of Appeal and to adopt and implement a clear policy on conflicts of interest, in accordance with the Roadmap on the follow-up to the Common Approach on EU decentralised agencies;
Amendment 39 #
2015/2041(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the Commission, Parliament and the Council should record and disclose all input received from lobbyists/interest representatives on draft policies, laws and amendments as a ‘legislative footprint’; suggests that, in the context of the work of the institutions and other agencies of the EU, this legislative footprint should consist of a form annexed to reporlegislative documents, detailing all the lobbyists with whom those in charge of a particular file have met in the process of drawing up each report and a second document listing all written input received during a legislative procedure;
Amendment 49 #
2015/2041(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to expand and improve its existing initiative as laid out in its decision of 25 November 2014 on the publication of information on meetings held between Members of the Commission and organisations or self-employed individuals; considers that the recording of meeting datatakes the view that persons at the EU institutions and other agencies who are involved in legislative procedures should as a general rule only meet lobbyists and representatives of interest groups who are recorded in the transparency register; considers at the same time that the requirement which already exists in the Commission by decision of 25 November 2014 to record information about such meetings should be expanded to include everyone involved in the EU’s policy-making process; at the EU's institutions and other agencies;
Amendment 72 #
2015/2041(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests that the Code of Conduct should be amended so as to make it mandatory for rapporteurs responsible for legislative reports and committee chairs to adopt the same practice of exclusively meeting registered lobbyists and publish information on such meetings online and for rapporteurs toresponsible for legislative reports to compile and publish a legislative footprint;
Amendment 127 #
2015/2041(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Bureau without delay to commission a technical and organisational solution which will make it possible to restrict access to Parliament’s premises for non-registered organisations orand individuals by making all visitors to its premises sign a declaration that they are not lobbyistwho perform tasks falling within the scope of the register or otherwise declare their registration;
Amendment 136 #
2015/2041(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes it to be necessary, as a matter of urgency, to introduce a proper monitoring system, with adequate staffing and technical resources, for submitted information in order to ensure that the information that registrantered organisations and individuals provide is meaningful, accurate, up-to-date and comprehensive;
Amendment 311 #
2015/2041(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Deems it exemplary that Parliament lists all available documents as part of an online register and calls on the Commission and the Council to follow this example with respect to all their documents and to open negotiations on the introduction of a joint online register;
Amendment 328 #
2015/2041(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Believes that Parliament’s right of access to the documents of other EU institutions, bodies, offices and agencies should never be regarded as weaker than that of individual citizens, under Regulation (EC) No 1049/2001;
Amendment 12 #
2015/2035(INL)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Treaty on the Functioning of the European Union, and in particular Article 223 thereof,
Amendment 35 #
2015/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a genuine harmonisation of the procedure for elections to the European Parliament in all the Member States could better promote the right of all European citizens to participate, on an equal basis, in the democratic life of the Union, while strengthening the political dimension of European integration;
Amendment 78 #
2015/2035(INL)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the right to vote in elections to the European Parliament should be granted, to the same extent, to those European citizens who exercise their right to freedom of movement in a Member State different from that of their own citizenship, without those citizens being obliged to take up residence in that State;
Amendment 79 #
2015/2035(INL)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas at least 13 Member States do not have in place adequate internal rules precluding citizens of the Union who have dual nationality of EU Member States from voting twice , in breach of Article 9 of the Electoral Act;
Amendment 97 #
2015/2035(INL)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas only very few Member States have incorporated the principle of equality between women and men, as one of the founding values of the EU, in their national electoral laws; whereas gender quotas and zipped lists in political decision-making have proved to be highly effective tools in addressing discrimination and gender power imbalances and improving democratic representation on political decision- making bodies;
Amendment 125 #
2015/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that the visibility of European political parties be enhanced by placing their names and logos on the ballot papers, and recommends that the same should also appear on posters and other material used in European election campaigns, since those measures would render European elections more transparent and improve the democratic manner in which they are conducted, as citizens will be able to clearly link their vote with the impact it has on the sizpolitical influence of a European political parties and their ability to form political groups in the European Parliament;
Amendment 169 #
2015/2035(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to encourage civic participation in their own societies by extending the right to vote to every person regularly residing in the country concerned;
Amendment 170 #
2015/2035(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to implement, in the manner of Article 14 of the Electoral Act a common set of measures ensuring that no citizen of the Union having dual nationality of EU Member States can effectively vote more than once during the elections;
Amendment 206 #
2015/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. EncouragesHighlights the importance of an increased presence of women in political decision-making; consequently, calls on Member States to take measures to progrant motre gender balanceparity in every aspect of European elections;
Amendment 216 #
2015/2035(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages Member States to promote a further development of European electoral law by opening ways to decouple the right to vote from citizenship of the Union;
Amendment 231 #
2015/2035(INL)
Article 3 a (new)
Article 3a Member States shall take measures to ensure the application of the principles of equal opportunities and balanced representation of women and men in every aspect of elections to the European Parliament.
Amendment 124 #
2015/0310(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Women as well as LGBTI persons are subject to specific forms of gender based persecution, still too often not recognised in the asylum procedures.
Amendment 125 #
2015/0310(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) 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 the agency.
Amendment 140 #
2015/0310(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) According to Article 5 of the European Convention of Human Rights, deprivation of liberty for immigration- related reasons can only be used as a measure of last resort. An assessment needs to be made in each individual case to determine whether all the preconditions required to prevent arbitrary detention are fulfilled.
Amendment 167 #
2015/0310(COD)
Proposal for a regulation
Recital 16
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 expto 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 groundwill 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.
Amendment 189 #
2015/0310(COD)
Proposal for a regulation
Recital 20
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.
Amendment 222 #
2015/0310(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to promote the application of the principles of non-discrimination and non- refoulement. Therefore, the mentioned principles should be at the core of any decision and action taken by the Agency and/or its staff, including when planning and implementing operations.
Amendment 223 #
2015/0310(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation establishes an independent complaint mechanism for the European Border and Coast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency and its staff. This should be an administrative full, independent, effective and accessible individual mechanism whereby the Agency’s Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officerparticipates. The Independent Complaint Mechanism should review the admissibility of a complaint, register and deal accordingly with all admissible complaints, forward all registered complaints to the Agency’s Executive Director, forward complaints concerning border and coast guards to the home Member State and register the follow-up by the Agency or that Member State. Criminal investigations should be conducted by the Member States.
Amendment 236 #
2015/0310(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the EU 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 thereinas well as the fundamental rights of migrants and refugees.
Amendment 250 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘European Border and Coast Guard Teams’ mean teams of border guards and other relevant non-military staff from participating Member States, including national experts that are seconded by Member States to the Agency, to be deployed during joint operations, rapid border interventions as well as in the framework of migration management support teams;
Amendment 251 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘home Member State’ means the Member State of which a member of the European Border and Coast Guard Teams is a border guard or other non-military relevant staff member;
Amendment 252 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘members of the European Border and Coast Guard Teams’ mean the officers of border guard services or other non- military relevant staff of Member States other than the host Member State, including national experts and border guards from Member States seconded to the Agency, who are participating in joint operations or rapid border interventions;
Amendment 260 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘a child’ means every human being below the age of 18 years, in line with article 1 of the Convention on the Rights of the Child.
Amendment 271 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard AgencyAgency, by decision of the Management Board shall establish an annual operational and technical strategy for the European integrated border management in full compliance with fundamental rights, taking into account, where justified, the specific situation of the Member States, in particular their geographical location. This strategy shall be in line with Article 4 of this Regulation. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 282 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, including measures related to the prevention, detection and investigato facilitate legitimate border crossings and to ensure access for persons in need of international protection and measures related to the prevention and detection of cross-border crime, where appropriate;, in full respect of human dignity.
Amendment 292 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) the rescue of persons in distress at sea;
Amendment 296 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) Establishment and maintenance of clear mechanisms and procedures, in cooperation with relevant authorities, for the identification of, provision of information to and referral of persons who may be in need of international protection;
Amendment 313 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) respect and promotion of fundamental rights in all activities;
Amendment 338 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The European Border and Coast Guard Agency shall ensure that the management of the EU external borders is undertaken in full compliance with relevant EU legislation, including the 1951 Convention, 1967 Protocol and other relevant treaties as per Article 78 of the TFEU.
Amendment 340 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States hold primary responsibility for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of joint operations coordinated by the Agency and therefore also for the respect of fundamental rights during these activities. The Agency is also responsible, as the coordinator, and remains fully accountable for all actions and decisions under its mandate. The Commission, in cooperation with the Agency, the Council and relevant stakeholders, shall further analyse provisions related to accountability and liability and redress any potential or actual gaps connected to activities of the Agency.
Amendment 342 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. The provisions under this Article must be accompanied by the clear and unequivocal delineation of the tasks of the Agency and those of the national authorities, the practical arrangements and modalities for cooperation, as well as well-defined lines of command, reporting and accountability and must be implemented in a way that ensures access to an effective remedy in case of violations.
Amendment 347 #
2015/0310(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. To ensure a coherent European integrated border management at all external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EC) No 562/2006, contribute to the identification, development and sharing of good practices, and promote EU border management legislation and standards and their implementation in a manner which ensures respect for fundamental rights and international protection obligations.
Amendment 348 #
2015/0310(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Accountability The Agency shall be accountable to the European Parliament and the Council.
Amendment 349 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In view of contributing to an efficient, high and uniform level of border control and return, the Agency shall perform the following tasks:
Amendment 376 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) set up a technical equipment pool to be deployed in joint operations, rapid border interventions and in the framework of migration management support teams, as well as in return operations and return interventions;
Amendment 403 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point r a (new)
Article 7 – paragraph 1 – point r a (new)
(ra) Adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law.
Amendment 405 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
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.
Amendment 415 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Agency mayshall engage in communication activities oin its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 andthe fields within its mandate. It shall provide the public with accurate, detailed and timely information about its activities and analyses. Communication activities shall not be detrimental to the attainment of the objective of operations. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.
Amendment 427 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and risk analysis centre with the capacitymake intelligence- driven use of available Union resources to monitor migratory flows towards and within the Union. For this purpose, the Agency shall, by a decision of the Management Board develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 432 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Agency shall prepare general and tailored risk analyses and submit it to the European Parliament, the Council and the Commission.
Amendment 439 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, the protection of fundamental rights, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.
Amendment 448 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The Agency shall develop and make public its methodology and criteria for the risk analysis.
Amendment 458 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall take results of the risk analysis into account when planning their operations and activities at the EU external borders as well as their activities with regard to return.
Amendment 460 #
Amendment 461 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the EU external borders through liaison officers of the Agency in Member States.
Amendment 474 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) assist, if requested by the Member States, in preparing their contingency plans;
Amendment 482 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access to the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 545 #
Amendment 548 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may request the Agency for assistance in implementing their obligations with regard to the control of their EU external borders. The Agency shall also carry out measures as referred to in Article 18.
Amendment 550 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. An operational engagement of the Agency shall require a prior assessment, drawing on a broad range of sources, to identify if there are risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures that would make the cooperation incompatible with legal obligations, in particular to ensure protection from refoulement and the right to an effective remedy.
Amendment 581 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point a a (new)
Article 15 – paragraph 3 – point a a (new)
(aa) full compliance with the provisions as set out in Article 2 of the Treaty of the European Union, in the 1951 Geneva Convention and its protocols and with full respect of international law;
Amendment 586 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including the protection of fundamental rights, and final date of submission of the final evaluation report;
Amendment 590 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point j
Article 15 – paragraph 3 – point j
(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to international and Union law regarding interception, rescue at sea and disembarkation. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council and always in respect and compliance with the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea (SOLAS) and the guidelines issued by the International Maritime Organisation and the UN Refugee Agency (UNHCR) on the treatment of people rescued at sea (Resolution MSC.167(78) of the International Maritime Organisation and 'Rescue at Sea: A guide to principles and practice as applied to migrants and refugees;42 __________________ 42 Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union (OJ L 189, 27.6.2014, p. 93).
Amendment 592 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point k a (new)
Article 15 – paragraph 3 – point k a (new)
(ka) Detailed provisions on fundamental rights safeguards;
Amendment 596 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point m
Article 15 – paragraph 3 – point m
(m) procedures setting out an independent mechanism to receive and transmit to the Agency a complaint against border guardsdeal with a complaint, informing the Agency and the Member States concerned, a complaint against all persons participating in a joint operation, including with third countries, in a rapid border intervention, migration management teams at hotspot areas, return operation or return intervention, including border guards and other relevant staff of the host Member State and members of the European Border and Coast Guard Teams alleging breaches of fundamental rights in the context of the joint operation or, rapid border intervention or any other activity.
Amendment 601 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A request by a Member State to launch a rapid border intervention shall include a description of the situation, possible aims and envisaged needs, envisaged needs and full justification of their compliance with national, European and international law in regards of respect of fundamental rights and the relevant obligations of the Member State and the Union. If required, the Executive Director may immediately send experts from the Agency to assess the situation at the EU external borders of the Member State concerned.
Amendment 605 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 11
Article 16 – paragraph 11
11. Deployment of the rapid reserve pool shall take place no later than three working days after the date on which the operational plan is agreed between the Executive Director and the host Member State. Additional deployment of European Border and Coast Guard Teams, shall take place where necessary, within five working days of the deployment of the rapid reserve pool, again after approval of the host Member State.
Amendment 607 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Member State faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flowand asylum responsibilities, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency and other relevant Union Agencies in particular the European Asylum Support Office and the Europolean Union Agency for Fundamental Rights.
Amendment 612 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Teams shall include fundamental rights, trafficking victims, gender-based persecutions protection and child protection experts.
Amendment 615 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. The operational and technical reinforcement provided by the European Border and Coast Guard Teams, the European Return Intervention TeamsAgency Teams in close and constant cooperation with the European Asylum Support Office and the national competent Authorities of the concerned Member State and experts from the Agency’'s staff in the framework of the migration management support teams, may include:
Amendment 617 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals in full compliance with the right to human dignity and without use of coercion;
Amendment 627 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(ba) the referral of persons who wish to apply for international protection to asylum experts of the national authorities of the Member State concerned or of the European Asylum Support Office, and referral of all vulnerable groups to specific protection experts of the national authorities of the Member State or of the EU agencies including children, and families with children, to child protection experts and women to gender experts;
Amendment 640 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control ofion and asylum challenges at the EU external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency,, the Council may adopt a drecision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2)ommendation with the measures to be implemented by the Member State with the assistance of the Agency. The recommendation shall include an assessment of the impacts of such measures on fundamental rights, and ensure compliance with international legal obligations.
Amendment 655 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 665 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
Amendment 696 #
2015/0310(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Members of the teams shall at all times, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any actions and measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on grounds of sexgender, racial or ethnic origin, religion or belief, disability, age or, gender identity and sexual orientation or nationality.
Amendment 699 #
2015/0310(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. The agency shall provide mandatory adequate gender sensitive education for all border and law enforcement personnel, including personnel in the rapid reaction pool, with an emphasis on the gender dimension, children, LGBTI people and other vulnerable groups so that border guards and law enforcement personnel fully understand the phenomenon and know how to recognise vulnerable groups.
Amendment 700 #
2015/0310(COD)
Proposal for a regulation
Article 20 – paragraph 4 b (new)
Article 20 – paragraph 4 b (new)
4b. The agency shall focus on the best interest of the unaccompanied minors, in order not to prolong unnecessarily the procedure and to ensure that unaccompanied minors have swift access to the procedure for determining the international protection status.
Amendment 701 #
2015/0310(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. Rejects the regular use of detention of refugees, stresses the need to ensure that human rights are not violated; urges the need of individual assessments to determine whether all the preconditions required are fulfilled and to always favour alternatives to detention.
Amendment 702 #
2015/0310(COD)
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Calls for all detention of children in the EU to stop, and for parents to be able to live with their children in appropriate tailored facilities awaiting their asylum decision;
Amendment 723 #
2015/0310(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
The Executive Director shall evaluate the results of the joint operations and, rapid border interventions, pilot projects, migration management support teams, return operations, return interventions and operational cooperation with third countries, including with regard to the respect of fundamental rights and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the Management Board, together with the observations of the Fundamental Rights Officer and the FRONTEX consultative forum. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future joint operations and rapid border interventionactivities, and it shall include it in its consolidated annual activity report.
Amendment 807 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, and relevant international law, including, the Convention Relating to the Status of Refugees, the Convention on the Elimination of all Forms of Discrimination Against Women, the Convention on the Rights of the Child and obligations related to access to international protection, in particular with regards to the principle of non- refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 833 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, the European Asylum Support Office and the European Union Agency for Fundamental Rights, develop specific training tools and provide border and coast guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency and on the preconditions for action in full respect of fundamental rights. Experts from the staff of the Agency, of the European Asylum Support Office and the European Union Agency for Fundamental Rights shall conduct regular exercises with those border and coast guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 839 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and, access to international protection and access to referral mechanisms for vulnerable persons.
Amendment 847 #
2015/0310(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems, and for return. The Agency shall disseminate the results of that research to the Commission and the Member States. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventionto the EU external borders.
Amendment 853 #
2015/0310(COD)
Proposal for a regulation
Article 36 – paragraph 3 – introductory part
Article 36 – paragraph 3 – introductory part
3. The Agency shall, within the Framework Programme for Research and Innovation, in particular the Specific Programme Implementing Horizon 2020 implementmonitor the parts of the Framework Programme for Research and Innovation which relate to border securitythe EU external borders. For that purpose, the Agency shall havemonitor the following tasks:
Amendment 860 #
2015/0310(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The Agency may planrovide support in planning and implementing pilot projects regarding matters covered by this Regulation.
Amendment 882 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where members of the teams are operating in a host Member State, that Member Statee Agency shall be liable in accordance with its national lawthe general principles common to the laws of the Member States, for any damage caused by them during their operations.
Amendment 890 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the homAgency shall make good any damage caused in accordance with the general principles common to the laws of the Member States.
Amendment 893 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Any dispute between Member States or between a Member State and the Agency relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with, without prejudice to Article 273 TFEU.
Amendment 894 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Any dispute between Member States relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEU.
Amendment 895 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4a. The Court of Justice shall have jurisdiction in disputes relating to compensation for the damage referred to in paragraph 1 and 2.
Amendment 898 #
2015/0310(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or international organisations or third parties of personal data processed in the framework of this Regulation shall be prohibited.
Amendment 900 #
2015/0310(COD)
Proposal for a regulation
Article 44 – paragraph 4 a (new)
Article 44 – paragraph 4 a (new)
4a. Should, exceptionally, transfer of personal data to third countries or international organisations, by the Agency or the Member States, be explicitly foreseen in very specific circumstances, it will require an assessment of adequacy and the use of specific safeguards in accordance with Article 9 of Regulation (EC) 45/2001 and Articles 25 and 26 of Directive 95/46/EC.
Amendment 920 #
2015/0310(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 923 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
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 immensuring the fulfilment of human rights, migration and asylum obligrations and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorismommitments under international law and always in compliance with Article 2 of the treaty of the European Union.
Amendment 924 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
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.
Amendment 928 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1 a (new)
Article 51 – paragraph 1 – subparagraph 1 a (new)
Cooperation with international organisations The Agency may cooperate with non- military international organisations competent in matters covered by this Regulation. 1. All exchange of information with international organisations should be without prejudice to Article 44 (4) and all actors should comply with existing EU legislation, including on data protection and fundamental rights. As regards the handling of classified information, international organisations shall comply with security rules and standards equivalent to those applied by the Agency and the Member States. 2. The Agency may also, with the agreement of the Member States concerned, invite observers of international non-military organisations to participate in its activities in particular, joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the rule of law, the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects the participation of observers is subject to agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers may receive the appropriate training from the Agency prior to their participation.
Amendment 929 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
Amendment 936 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(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;, the search and rescue operational capability and the compliance with human rights, migration and asylum obligations and commitments.
Amendment 941 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The modalities, conditions and limits 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 fby the Commission and submitted to the Council and the European Parliament for approval. Financial rules applicable to the Agencies shall apply.
Amendment 973 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The Agency may also, with the agreement of the Member States concerned invite non-military observers from democratic third countries to participate in its activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in Article 35, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32and the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.
Amendment 976 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 7
Article 53 – paragraph 7
7. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulatto its competences. The Agency should be subject to the same provisions on financial rules, economic transparency and scrutiny, including by the European Parliament, as all other Agencies and bodies of the Union.
Amendment 981 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. The Agency shall inform the European Parliament of the activities referred to in paragraphs 2 and 3bove mentioned activities.
Amendment 997 #
2015/0310(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 41 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.
Amendment 999 #
2015/0310(COD)
Proposal for a regulation
Article 59 – paragraph 3 a (new)
Article 59 – paragraph 3 a (new)
3a. Information on the use of the system of liability for acts of Agency staff, on access to the Court of Justice of the European Union or other regional and international bodies and to legal aid shall be provided to potential victims of human rights violations in the Agency's operations, including persons intercepted at the border, including those who are subject to screening, and returnees.
Amendment 1008 #
2015/0310(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
In addition, the Agency shall establish an independent Consultative Forum and an independent complaint mechanism.
Amendment 1010 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point a
Article 61 – paragraph 1 – point a
(a) appoint the Executive Director on a proposal from the Commission in accordance with Article 68 and after approval of the European Parliament;
Amendment 1020 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 6
Article 61 – paragraph 6
6. The Management Board may establish a small-sized Executive Board composed of the Chairperson of the Management Board, one representative of the Commission, one representative of the European Parliament and three members of the Management Board, to assist it and the Executive Director with regard to the preparation of the decisions, programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to takpropose certain provisional decisions on behalf ofManagement Board has to take, excluding decisions on which a reinforced majority is needed in the Management Board.
Amendment 1023 #
2015/0310(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Without prejudice to paragraph 3, the Management Board shall be composed of one representative of each Member State and, two representatives of the Commission and two representatives of the European Parliament, all with voting rights. To this effect, each Member State shall appoint a member of the Management Board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates. The European Parliament should elect two of its Members, at least one being a Member of its Civil Liberties, Justice and Home Affairs Committee. The duration of the terms of office shall be four years. The terms of office shall be extendable.
Amendment 1050 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, after approval by the European Parliament, on the grounds of merit and documented high- level administrative and management skills, as well as senior professional experience in the field of management of the external borders and return. The Management Board shall take its decision by a two- thirds majority of all members with a right to vote.
Amendment 1076 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The Supervisory Board shall be composed of the Deputy Executive Director, four other senior officials of the Agency to be appointed by the Management Board, the Fundamental Rights Officer and one of the representatives of the Commission to the Management Board. The Supervisory Board shall be chaired by the Deputy Executive Director.
Amendment 1079 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 2
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, human rights NGOs 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. The Consultative Forum shall set up its working programme and working methods.
Amendment 1084 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Consultative Forum shall be consulted on the further development and implementation of the Fundamental Rights Strategy, Codes of Conduct and common core curricula, agreements with third countries if existing, the complaint mechanism, operational plans and common core curricula as well as for establishing the criteria referred to in Article 12 and Article 24.
Amendment 1087 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 3 a (new)
Article 70 – paragraph 3 a (new)
3a. The Agency shall inform the Consultative Forum how it has altered or not its activities as a response to reports and recommendations of the Consultative Forum and include details in its annual report.
Amendment 1090 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 5 a (new)
Article 70 – paragraph 5 a (new)
5a. The Consultative Forum shall be supported by a professional and independent secretariat with full control over its own budget, which shall be sufficient to carry out its mandate and proportionate to the dimensions of the Agency and to the growth of its budget.
Amendment 1102 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be fully 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 European Parliament and the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1108 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted on the operational plans drawn up in accordance with Articles 15, 16, 18, 27 and 32(4), ), on the operations of the Agency in the context of Migration Management Support Teams, on vulnerability assessments, Codes of Conduct and training curricula and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 1110 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. The Agency shall ensure that the Fundamental Rights Officer has sufficient staff and resources to fulfil its tasks. The Fundamental Rights Officer shall have control over its budget.
Amendment 1114 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The Agency, in cooperation with the Fundamental Rights Officer, shall take the necessary measures to set up a full, independent, effective and accessible individual complaint mechanism in accordance with this Article to monitor and ensure thefull respect for, protection and fulfilment of fundamental rights in all the activities of the Agency.
Amendment 1118 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support teams, return operation or return intervention, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency.
Amendment 1120 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are anonymous, malicious, frivolous, vexatious, or hypothetical or inaccurate shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1124 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Fundamental Rights Officerindependent complaint body shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the Fundamental Rights Officer with the independent complaint body shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints within three weeks to the Executive Director, forward complaints concerning border guards to the home Member State or third country, including the relevant authority or body competent for fundamental rights, and register and ensure the follow-up by the Agency or that Member State, that Member State or that third country. The independent complaint body shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. In case a complaint is found to be inadmissible, it shall inform the complainant of the reasons thereof. Any decision shall be in written form and reasoned.
Amendment 1128 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. In case of a registered complaint concerning a staff member of the Agency or seconded members of the teams or seconded national experts, the Executive Director shall ensure appropriate follow- up, including disciplinary measures as necessarynd referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter.
Amendment 1135 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts,or a third country the home Member State or the third country shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance withnd referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The relevant Member State or third country shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter. In case the relevant Member State or third country does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1136 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. The Agency and the Member States shall provide for an appeal procedure in cases where a complaint is declared inadmissible, is rejected or the follow-up considered inappropriate by the complainant.
Amendment 1143 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. A report on received complaints, the types of fundamental rights violations, the activities of the Agency concerned, the Member State or third country concerned and the follow-up shall be included into the annual activity report of the Agency.
Amendment 1146 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 1
Article 72 – paragraph 9 – subparagraph 1
The Fundamental Rights Officer shall, after consulting the Consultative Forum, draw upestablish the procedure for an independent complaints mechanism, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1149 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that people are informed about the possibility and procedure to make a complaint, that the standardized complaint form is available in most common languages and that it shall be made availableasylum seekers and migrants understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency, and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request. Information tailored to children shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1155 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 1
Article 72 – paragraph 10 – subparagraph 1
Any personal data contained in a complaint shall be handled and processed by the Agency and the Fundamental Rights Officer in accordance with Regulation (EC) No 45/2001 and by Member States in accordance with Directive 95/46/EC and Council Framework Decision 2008/977/JHA. With due respect to data protection standards and obligations, independence in the handling of complaints shall be guaranteed through the oversight of relevant institutions such as the office of the European Ombudsman.
Amendment 156 #
2015/0284(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach in the Union to ensuring that subscribers to online content services in the Union, whenir Member States of residence can access and use those services, without any additional charge, when they are temporarily present in another Member State, can access and use these services.
Amendment 162 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Online content services provided without payment of money are also covered by this Regulation as long as the provider verifies the subscriber's Member State of residence.
Amendment 202 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Notwithstanding paragraph 2, and unless objective technical failures occur, providers of online content services shall guarantee to the subscriber who is temporarily present in a Member State other than his or her Member State of residence the same level of quality that is provided to the subscribers habitually residing in the Member State in which he or she is temporarily present.
Amendment 205 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Online service providers shall not limit the obligation set out in Article 3(1) on the basis of the use of any specific technology or devices.
Amendment 64 #
2015/0281(COD)
Proposal for a directive
Recital 3 a (new)
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.
Amendment 66 #
2015/0281(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Member States should share good practices on the setting-up of de- radicalisation structures to prevent citizens of the Union and third-country nationals legally residing in the Union from leaving the Union or to control their return to it and their judicial approach in this regard notably through Eurojust. They should share such good practices not only among each other but also with third countries which have already acquired experience and achieved positive results in this area.
Amendment 76 #
2015/0281(COD)
Proposal for a directive
Recital 4 a (new)
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.
Amendment 99 #
2015/0281(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 106 #
2015/0281(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 120 #
2015/0281(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to 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.
Amendment 134 #
2015/0281(COD)
Proposal for a directive
Recital 12
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.
Amendment 142 #
2015/0281(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission mayshould be inferred from objective, factual circumstances.
Amendment 198 #
2015/0281(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offenceach case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.
Amendment 200 #
2015/0281(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The Internet plays an essential role in promoting values of peace, tolerance and solidarity as well as promoting and protecting Human Rights and Fundamental Freedoms within and outside the European Union.
Amendment 221 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) unduly compellingsing 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,
Amendment 229 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 2 – point d
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;
Amendment 240 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Nothing in the present Directive should be construed to affect in any way other rights, obligations and responsibilities Member States and individuals have under international law, including international humanitarian law and international criminal law.
Amendment 279 #
2015/0281(COD)
Proposal for a directive
Article 9
Article 9
Amendment 289 #
2015/0281(COD)
Proposal for a directive
Article 10
Article 10
Amendment 318 #
2015/0281(COD)
Proposal for a directive
Article 14 a (new)
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
Amendment 406 #
2015/0281(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Fundamental Rights and Principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and fundamental legal principles as enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law. 2. Restrictions to fundamental rights and freedoms must be provided for by law, be necessary and proportionate for the aim pursued. This Directive shall not result in arbitrary decisions or in discriminatory policies and practices based on perceived nationality, religion, ethnic or racial origin. 3. This Directive shall be implemented in accordance with the Charter of Fundamental Rights and principles of Union law.
Amendment 413 #
2015/0281(COD)
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Article 23b Emergency situations and fundamental rights In time of war or other public emergency threatening the life of the nation, Member States may take measures to derogate certain rights, in line with Union and international law. Such circumstances do not relieve the authorities from demonstrating that the measures undertaken are applied solely for the purpose of combating terrorism and are directly related to the specific objective of combating terrorism.
Amendment 418 #
2015/0281(COD)
Proposal for a directive
Article 23 c (new)
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.
Amendment 420 #
2015/0281(COD)
Proposal for a directive
Article 23 d (new)
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.
Amendment 437 #
2015/0281(COD)
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. In light of the independent reports of the European Commission, Member States shall conduct parliamentary periodic reviews.
Amendment 33 #
2015/0269(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Over 6,700 people die annually in the EU due to firearms owned by civilians.
Amendment 34 #
2015/0269(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Numerous international organisations for the promotion of peace establish a direct link between the easiness to obtain firearms and the number of homicides committed.
Amendment 100 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted; the ammunition needed to fire the device shall also fall under this category.
Amendment 114 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 119 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 91/477/EEC
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) In Article 2 the following paragraph is added: 2a. Member States shall introduce an excise tax on firearms, their components and ammunition, without prejudice of VAT and other taxes already imposed on these products.
Amendment 127 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2
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.
Amendment 133 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed to the receiver of the firearmvisible on the firearm, its components and the ammunition.
Amendment 151 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Without prejudice to Article 3, Member States shall authorise the acquisition and possession of firearms, their components, and ammunition only by persons who have good cause and who:
Amendment 154 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) are at least 18 years of age, except in relation to the possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;
Amendment 207 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4
Article 7 – paragraph 4
The maximum limits shall not exceed fivthree years. The authorisation may be renewed if the conditions on the basis of which it was granted are still fulfilled.
Amendment 212 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10a – paragraph 1
Article 10a – paragraph 1
Member States shall take measures to ensure that alarm and signal weapons as well as salute and acoustic weapons, together with their respective components and ammunition, cannot be converted into firearms.
Amendment 216 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10a – paragraph 2
Article 10a – paragraph 2
The Commission shall adopt technical specifications for alarm and signal weapons as well as for salute and acoustic weapons to ensure they cannot be converted into firearms, as well as to ensure their components and ammunition cannot be used in firearms.
Amendment 232 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every fivthree years a report to the European Parliament and the Council on the application of this Directive, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted two years after the entry into force of this Directive."
Amendment 251 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i a (new)
Article 1 – paragraph 1 – point 13 – point a – point i a (new)
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 8a (new)
Annex I – part II – point A – Category A – point 8a (new)
8 a. The components and ammunition used in firearms under points 1 to 8 of category A
Amendment 29 #
2015/0125(NLE)
(3) The recent crisis situation in the Mediterranean prompted the Union institutions to immediately acknowledgeacknowledge with great delay the exceptional migratory flows in this region and call for concrete measures of solidarity towards the frontline Member States. In particular, at a joint meeting of Foreign and Interior Ministers on 20 April 2015, the European Commission presented an inadequate ten-point plan of immediate actions to be taken in response to this crisis, including a commitment to consider options for an emergency relocation mechanism.
Amendment 33 #
2015/0125(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) In its resolution of 28 April 2015, the European Parliament reiterated the need for the Union to base its response to the latest tragedies in the Mediterranean on solidarity and fair sharing of responsibility and to step up its efforts in this area towards Member States which receive the highest number of refugees and applicants for international protection in either absolute or proportional terms due to the criteria for defining the responsible Member-State to examine an asylum request set in Dublin Regulations.
Amendment 40 #
2015/0125(NLE)
Proposal for a decision
Recital 7
Recital 7
(7) Among the Member States witnessing situations of particular pressure and in light of the recent tragic events in the Mediterranean, Italy and Greece in particular have experienced unprecedented flows of migrants, including applicants for international protection who are in clear need of international protection, arriving on their territories, generating a significant pressure on their migration and asylum systems, indicating thus the negative impact of the Dublin Regulation for the first country of entry into the EU, which regrettably has not yet led to the suspension of this regulation or at least the removal of the reference to the first country of entry into the EU.
Amendment 47 #
2015/0125(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26100 children, of whom around 13000 were unaccompanied (7.6% of the total migrants arrived). A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. From January to June 2015 Italy witnessed a 5% increase of irregular border crossings as compared to the same period in the previous year. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to a more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015six-fold increase in comparison with the same period in the previous year and nearly a 140% increase compared to the previous year as a whole (76 293 from January to June 2015, according to data by Frontex, in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75%, represented more than 40% of the irregular migrants in Italy and more than 50% of them in Greece; from January to June 2015 Syrians and Eritreans represented 30% of arrivals to Italy and nearly 60% to Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.
Amendment 51 #
2015/0125(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) According to Frontex data, another important migration route into the Union in 2014 was the Western Balkan route with 43 357 irregular border crossings. However,While the majority of migrants using the Balkan route are not prima facie in need of international protection, with 51% of the arrivals being made up only of Kosovars, detection of Syrians have increased significantly in 2014 compared to 2013 from 2 706 to 12 536 and Afghans from 4 065 to 10 963.
Amendment 55 #
2015/0125(NLE)
Proposal for a decision
Recital 13
Recital 13
(13) At the same time, Italy and Greece should provide structural solutions to address the shortcomings in the functioning of their asylum and migration systems. The measures laid down in this Decision should therefore go hand in hand with the establishment by Italy and Greece of a solid and strategic framework for responding to the crisis situation and intensifying the ongoing reform process in these areas. In this respect, Italy and Greece should each within one month of entry into force of this Decision, present a roadmap to the Commission which should include adequate measures in the area of asylum, in particular with regard to creating sufficient capacity in open reception accommodation for asylum seekers and identification of particularly vulnerable groups such as unaccompanied children, first reception, and return enhancing the capacity, quality and efficiency of their systems in these areas, as well as measures to ensure appropriate implementation of this Decision with a view to enable them to better cope, after the end of the applicability of this decision, with a possible increased inflow of migrants on their territories.
Amendment 59 #
2015/0125(NLE)
Proposal for a decision
Recital 15
Recital 15
(15) IConsidering the on-going instability and conflicts in the immediate neighbourhood of the European Union and the changing nature of migratory flows to take into account that if a Member State other than Italy or Greece should be confronted with a similar emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State concerned, in line with Article 78(3) of the Treaty. Such measures may include, where appropriate, a suspension of the obligations of that Member State provided for in this Decision.
Amendment 64 #
2015/0125(NLE)
Proposal for a decision
Recital 16
Recital 16
(16) In line with Article 78(3) of the Treaty, the measures envisaged for the benefit of Italy and Greece should be of a provisional nature. A period of 24 months is reasonable in view of ensuring that the measures provided for in this Decision have a real impact in respect of supporting Italy and Greece to deal with the significant migration flows on their territories. Following that, an assessment has to be carried out in order to find a viable and permanent solution based on the principle of solidarity.
Amendment 69 #
2015/0125(NLE)
Proposal for a decision
Recital 18
Recital 18
(18) A choice had to be made in respect of the criteria to be applied when deciding which and how many applicants are to be relocated from Italy and Greece. A clear and workable system is envisaged based on a threshold of the average rate at Union level of decisions granting international protection in the procedures at first instance as defined by Eurostat out of the total number at Union level of decisions on asylum applications for international protection taken at first instance, based on the latest available statistics. On the one hand, this threshold would have to ensure, to the maximum extent possible, that all applicants who are most likely in need of international protection would be in a position to fully and swiftly enjoy their protection rights in the Member State of relocation. On the other hand, it would prevent, to the maximum extent possible, applicants who are likely to receive a negative decision to their application from being relocated to another Member State and therefore prolong unduly their stay in the Union. Based on Eurostat data for 2014 first instance decisions, a threshold of 75%, which corresponds in that year to decisions on applications for Syrians and Eritreans, should be used in this Decision. To take into account the changing nature of migratory flows, the targeted group of beneficiaries for relocation should be assessed on a quarterly basis.
Amendment 73 #
2015/0125(NLE)
Proposal for a decision
Recital 19
Recital 19
(19) The provisional measures are intended to relieve the significant asylum pressure from Italy and Greece, in particular by relocating an important number of applicants in clear need of international protection who have arrived in the territory of Italy and Greece following the date on which this Decision becomes applicable. Based on the overall number of third- country nationals who have entered irregularly Italy and Greece since January 2014 and the number of those who are in clear need of international protection, a total of 4075 000 applicants in clear need of international protection should be relocated from Italy and Greece. This number corresponds to approximately 460% of the total number of third country nationals in clear need of international protection who have entered irregularly in Italy and Greece since January 2014. Thus, the relocation measure proposed in this Decision constitutes fair burden sharing between Italy and Greece on the one hand and the other Member States on the other hand. Based on the same overall available figures since 2014 and in the first four months of 2015 in Italy compared to Greecetaking into account the shift since 2015 of refugee flows to Greece and the actual reception capacity in each country, 650% of these applicants should be relocated from Italy and 450% from Greece.
Amendment 74 #
2015/0125(NLE)
Proposal for a decision
Recital 19
Recital 19
(19) The provisional measures are intended to relieve the significant asylum pressure from Italy and Greece, in particular by relocating an important number of applicants in clear need of international protection who have arrived in the territory of Italy and Greece following the date on which this Decision becomes applicable. Based on the overall number of third- country nationals who have entered irregularly Italy and Greece in 2014 and the number of those who are in clear need of international protection, a total of 40 000 applicants in clear need of international protection should be relocated from Italy and Greece. This number corresponds to approximately 40% of the total number of third country nationals in clear need of international protection who have entered irregularly in Italy and Greece in 2014. Thus, the relocation measure proposed in this Decision constitutes fair burden sharing of responsibility between Italy and Greece on the one hand and the other Member States on the other hand. Based on the same overall available figures in 2014 and in the first four months of 2015 in Italy compared to Greece, 60% of these applicants should be relocated from Italy and 40% from Greece.
Amendment 80 #
2015/0125(NLE)
Proposal for a decision
Recital 21
Recital 21
(21) The Asylum, Migration and Integration Fund (AMIF) set up by Regulation (EU) No 516/2014 of the European Parliament and of the Council1 provides support to burden-sharingthe fair sharing of responsibility operations agreed between Member States and is open to new policy developments in that field. Article 7(2) of Regulation (EU) No 516/2014 foresees the possibility for Member States to implement actions related to the transfer of applicants for international protection as part of their national programmes, while Article 18 of Regulation (EU) No 516/2014 foresees the possibility of a lump sum of EUR 6 000 for the transfer of beneficiaries of international protection from another Member State. 1 Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p.168).
Amendment 85 #
2015/0125(NLE)
Proposal for a decision
Recital 25
Recital 25
(25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants within the meaning of Article 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In order to take into account the specific situation of vulnerable persons, Member States have a duty under the recast Reception Conditions Directive and recast Asylum Procedures Directive to conduct an individual evaluation of the vulnerabilities of individuals in terms of their special reception needs and procedural needs. Therefore, Member States must take active steps to assess the individual needs of asylum seekers and cannot rely solely on an asylum seeker’s self-identification to effectively guarantee her rights under EU law. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration. 10 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (OJ L 180, 29.6.2013, p.96).
Amendment 88 #
2015/0125(NLE)
Proposal for a decision
Recital 25
Recital 25
(25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants and among those special attention should be given to unaccompanied children, within the meaning of Articles 21 and 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration. 10 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (OJ L 180, 29.6.2013, p.96).
Amendment 94 #
2015/0125(NLE)
Proposal for a decision
Recital 26
Recital 26
(26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the preferences and specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills, family ties beyond the definition of family members in Regulation (EU) No 604/2013, social relations, previous stay in a Member State, previous study and previous work experience with a company or an organisation of a specific Member State. In the case of particularly vulnerable applicants, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants. Applicant's needs, preferences and specific qualification should be taken into account to the fullest extent possible.
Amendment 95 #
2015/0125(NLE)
Proposal for a decision
Recital 26 a (new)
Recital 26 a (new)
(26a) A core lesson to be learned from the pilot project on relocation from Malta (EUREMA) is that expectations and preferences should be managed properly. As an initial step, applicants should be given the possibility to express their preferences. They should rank five Member States among the Member States by order of preference and support their preferences by elements such as family ties, social ties and cultural ties such as language skills, previous stay, previous studies and previous work experience. This should take place in the course of the initial processing. As a second step, the respective Member States should be informed about the applicants’ preferences. They then should be given the possibility to indicate their preferences for applicants among those applicants who had expressed their preference for the Member State concerned. Member States should support their preferences by aspects such as family, social and cultural ties. Liaison officers appointed by Member States could facilitate the procedure by conducting interviews with the respective applicants. Applicants should also have the possibility to consult with other actors such as NGOs, United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration. In particular, unaccompanied children should have access to child-rights organizations. Finally, Italy and Greece, with the assistance of EASO, should take a decision to relocate each of the applicants to a specific Member State by taking the preferences as much as possible into account. UNHCR should be consulted on their best practices developed in resettlement including on the management of preferences and specific qualifications.
Amendment 98 #
2015/0125(NLE)
Proposal for a decision
Recital 26 b (new)
Recital 26 b (new)
(26b) To avoid the failures of the pilot project on relocation from Malta (EUREMA), expectations and preferences should be managed properly. As an initial step, applicants should be given the possibility to express their preferences. They should rank five Member States among the Member States by order of preference and support their preferences by elements such as family ties, social ties and cultural ties such as language skills, previous stay, previous studies and previous work experience. This should take place in the course of the initial processing. As a second step, the respective Member States should be informed about the applicants’ preferences. The Member States should then be given the possibility to indicate their preferences for applicants among those applicants who had expressed their preference for the Member State concerned. Member States should support their preferences by aspects such as family, social and cultural ties. Liaison officers appointed by Member States could facilitate the procedure by conducting interviews with the respective applicants. Applicants should also have the possibility to consult with other actors such as NGOs, United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration. Finally, Italy and Greece, with the assistance of EASO, should take a decision to relocate each of the applicants to a specific Member State by taking their preferences into account to the fullest extent possible. UNHCR should be consulted on their best practices developed in resettlement.
Amendment 103 #
2015/0125(NLE)
Proposal for a decision
Recital 27
Recital 27
(27) The appointment by Member States of liaison officers in Italy and Greece should facilitate the effective implementation of the relocation procedure, including the appropriate identification of the applicants to be relocated, in full respect of the persons’ right to human dignity without recourse to any coercion or detention measures; taking into account in particular their vulnerability, preferences, and qualifications.
Amendment 106 #
2015/0125(NLE)
Proposal for a decision
Recital 29 a (new)
Recital 29 a (new)
(29a) Whereas Court rulings both at European and national level have highlighted the flaws in the Regulation (EU) No 603/2013.
Amendment 109 #
2015/0125(NLE)
Proposal for a decision
Recital 30 a (new)
Recital 30 a (new)
Amendment 120 #
2015/0125(NLE)
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Given the changing nature of migratory flows, the targeted group of beneficiaries for relocation should be assessed on a quarterly basis.
Amendment 125 #
2015/0125(NLE)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. 24 037 500 applicants shall be relocated from Italy to the territory of the other Member States as set out in Annex I.
Amendment 128 #
2015/0125(NLE)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. 16 037 500 applicants shall be relocated from Greece to the territory of the other Member States as set out in Annex II.
Amendment 137 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 4
Article 5 – paragraph 4
4. On the basis of the information received pursuant to paragraphs 3, 3a and 3b of this Article, Italy and Greece shall, as soon as possible, take a decision to relocate each of the identified applicants to a specific Member State of relocation and shall notifyby taking preferences of applicants and Member States into account to the fullest extent possible and shall notify the Member States and the applicant in accordance with Article 6(4).
Amendment 140 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Applicants whose fingerprints are required to be taken pursuant to the obligations set out in Article 9 of Regulation (EU) No 603/2013 may only be relocated if their fingerprints have been taken. in full respect of the persons’ right to human dignity without recourse to any coercion or detention measure;
Amendment 145 #
2015/0125(NLE)
Proposal for a decision
Article 7 – introductory part
Article 7 – introductory part
Member States shall increase their support in the area of international protection toif requested by Italy and Greece via the relevant activities coordinated by EASO and other relevant Agencies, in particular by providing when necessary national experts for the following support activities:
Amendment 148 #
2015/0125(NLE)
Proposal for a decision
Article 7 – point a
Article 7 – point a
(a) the screening of the third-country nationals arriving in Italy and Greece, including their clear identification, fingerprinting and registration of the applications for international protection, in full respect of the persons’ right to human dignity without recourse to any coercion or detention measures;
Amendment 153 #
2015/0125(NLE)
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 162 #
2015/0125(NLE)
Proposal for a decision
Article 11
Article 11
Italy and Greece shall report to the Council and the Commission on the implementation and the proper use of the funds received in the framework of this Decision, including on the roadmaps referred to in Article 8, every three months.
Amendment 15 #
2015/0068(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) The challenge posed by cross-border tax avoidance, aggressive tax planning and harmful tax competition has increased considerably and has become a major focus of concern within the Union and at global level. Tax base erosion is considerably reducing national tax revenues, which hinders Member States in applying growth-friendly tax policies. In particular, rulings concerning tax-driven structures lead to a low level of taxation of artificially high amounts of income in the country giving the advance ruling and may leave artificially low amounts of income to be taxed in any other countries involved. An increase in transparency is therefore urgently required. The tools and mechanisms established by Council Directive 2011/16/EU13 need to be enhanced in ordershould contribute to achieve this. __________________ 13 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64 of 11.3.2011, p. 1).
Amendment 19 #
2015/0068(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) The European Council, in its conclusions of 18 December 2014, underlined the urgent need to advance efforts in the fight against tax avoidance and aggressive tax planning, both at the global and Union levels. Stressing the importance of transparency, the European Council welcomed the Commission’s intention to submit a proposal on the automatic exchange of information on tax rulings in the Union.
Amendment 36 #
2015/0068(CNS)
Proposal for a directive
Recital 16
Recital 16
(16) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the right to the protection of personal data and the freedom to conduct a business. The personal data must be processed for specific, explicit and legitimate purposes and only If adequate, relevant and not excessive in relation for the purpose.
Amendment 35 #
2015/0009(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The economic and financial crisis has led to a lowering of the level of investments within the Union. Investment has fallen by approximately 15% since its peak in 2007. The Union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and of the fiscal constraints onausterity policies imposed to Member States. This lack of investment slows economic recovery and negatively affects job creation, long-term growth prospects and competitiveness, leading to a significant increase of people living below the poverty threshold.
Amendment 36 #
2015/0009(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Comprehensive action is required to reverse the vicious circle created by a lack of investment. Structural reforms and fiscal responsibility areis necessary preconditions for stimulating investment. Along with a renewed impetus towards investment financing, theseis preconditions can contribute to establishing a virtuous circle, where investment projects help support employment and demand and lead to a sustained increase in growth potential.
Amendment 62 #
2015/0009(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects, as well as from representatives of relevant stakeholders. The members of the Investment Committee shall be appointed on the basis of a transparent procedure, which ensures a broad and balanced expertise, encompassing different sectors, markets and social partners. The Investment Committee should be accountable to a Steering Board of the EFSI, who should supervise the fulfilment of the EFSI's objectives. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of small and medium enterprises and small mid-cap companies.
Amendment 115 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The Steering Board shall strive to make decisions by consensus. If the Steering Board is not able to decide by consensus within a deadline set by the Chairperson, the Steering Board shall take a decision by simplequalified majority.
Amendment 116 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 135 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of six independent experts and the Managing Director. Independent experts, six representatives of relevant stakeholders and the Managing Director. The members of the Investment Committee shall have a high level of relevant market experience in project finance and shall be appointed by the European Parliament upon the proposal of the Steering Board for a renewable fixed term of three years. Their appointment shall be renewable once.
Amendment 173 #
2015/0009(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The EIB, in cooperation with the EIF as appropriate, shall report semi-annually to the European Parliament and to the Council on EIB financing and investment operations. The report shall be made public and include:
Amendment 192 #
2015/0009(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. By 30 June 20187 and every threewo years thereafter:
Amendment 197 #
2015/0009(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
At the request of any individual, the relevant documents of EFSI shall be made accessible, in accordance with Regulation 1049/2001.
Amendment 200 #
2015/0009(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The EU guarantee and the payments and recoveries under it that are attributable to the general budget of the Union shall be audited annually by the Court of Auditors.
Amendment 1 #
2014/2257(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the fact that the Citizens' Initiative is the firstshould be regarded as a tool of participatory democracy that confers the right for EU citizens, based on at least one million statements of support, to take the initiative and ask the Commission to submit, within the framework of its powers, an appropriate proposal on matters on which citizens consider that a legislative act is necessary to implement the treaties;
Amendment 7 #
2014/2257(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas participatory democracy is strongly connected to ECI, as it allows citizens to be an active part in projects and decisional processes which concern them;
Amendment 8 #
2014/2257(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Article 288 TFEU defines as legal acts not only regulations and directives, but also decisions, recommendations and opinions and that the appropriate proposals contained in an ECI may well include each of these acts, among which a proposal for the revision of the Treaties under Article 48.2 of the Treaty on European Union, or a proposal concerning the existence of a clear risk of a serious breach by a Member State of the principles recognized in article 2 TEU or the evidence of a serious and persistent infringement (Art. 7.1 and 7.2 TEU);
Amendment 13 #
2014/2257(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas European Parliament is the only directly elected body of the European Union. As such it represents, by definition, European citizens;
Amendment 16 #
2014/2257(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, during the European Year of Citizens, the associations and the civil society representatives expressed in many occasions what was necessary and urgent to be reformed in the Regulation 211/2011;
Amendment 30 #
2014/2257(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes also that the collection period for statements of support could be extended to 18 months;
Amendment 30 #
2014/2257(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to provide as much guidance as possible – especially of a legal nature – to organisers of ECIs via the Europe Direct Contact Centre, so that they are aware of the possibilities open to them and will not fail by proposing an ECI that is outside the Commission's powers, or else to assign the task of giving advice to another independent company or body so as to avoid a possible conflict of interest within the Commission itself; notes, however, that under t. Encourages the Commission to assess whether less restrictive judgements on the legal admissibility of an ECI might be possible, thus supporting the engagement of citizens. The legal assessment of the Commission should be advisory in nature. The Treaty of Lvisbion of the issues raised by ECIs may not correspond entirely to the Commission's jurisdiction; takes the view, furthermore, that the Commission should consider setting up a dedicated ECI office in each Member State;ECI should remove Art 4(2)(b) so that an ECI proposal only needs to be within the values of the Union and not abusive, frivolous or vexatious to be registered. Following the receipt of legal advice from the Commission and other sources that the organisers wish to use, the ECI organisers can decide whether to proceed with registration of their ECI.
Amendment 31 #
2014/2257(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that liability issues have arisen for the organisers of Citizens' Initiatives owing to the fact that citizens' committees lack legal personality and that this problem could only be solved by revising the regulation; points out however that, in order not to discourage citizens from undertaking an ECI, liability should only be understood as including acts committed intentionally or with serious negligence;
Amendment 41 #
2014/2257(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights that the Commission should present at least a first draft of its proposal on a successful ECT within 12 months of its acceptance at the latest;
Amendment 43 #
2014/2257(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Suggests that, if the organisers of an ECI ask for a second, supplementary hearing, this request should be given due consideration unless there are important obstacles to its satisfaction;
Amendment 43 #
2014/2257(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need to provide more detailed guidelines on the interpretation of legal bases and more information on data protection obligations in each Member State in which the organisers run their campaigns, and on the possibility for organisers to take out insurance at a rate not excluding citizens because of financial reasons;
Amendment 44 #
2014/2257(INI)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes the important role of the European Ombudsman in investigating into the handling of ECI requests by the Commission, and especially cases of refusal to register an ECI;
Amendment 53 #
2014/2257(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that under the terms of Article 4 of Regulation 211/2011, in the event of a refusal by the Commission to register an ECI, ‘the Commission shall inform the organisers of the reasons for such refusal and of all possible judicial and extrajudicial remedies available to them'; acknowledges, in this connection, the many complaints from organisers about not receiving detailed and exhaustive reasons for the rejection of their ECIs, and invites the Commission to provide as many elements as possible in order to explain the reasons and guide organisers to a possible solution; such elements and reasons provided by the Commission must be sound, intelligible and transparent, in a manner to facilitate the promoters' work, if necessary, of redrafting and resubmitting their proposals.
Amendment 58 #
2014/2257(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission also to register ECI proposals that require treaty amendment or ask the Commission to propose treaty amendment, because these ECI proposals would fall within the framework of the Commission's powers to propose treaty amendment in accordance with Art 48(2) TEU.
Amendment 62 #
2014/2257(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to improve the user-friendly character of its software for the online collection of signatures and to offer its servers for the storage of online signatures for free on a permanent basis and to modify the OCS so email addresses can be collected on a non-mandatory basis on the same screen as the support form, but stored in a separate database;
Amendment 74 #
2014/2257(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Deems it too complicated for organisers to provide different personal data in support of ECIs in the 28 Member States, as laid down in Regulation 211/2011 on the basis of the various national provisions, and suggests that consideration be given to establishing an EU digital citizenship; calls on the Commission, therefore, to explore this issue in its digital agenda; also encourages the Commission to further negotiate with Member States in order to achieve more user-friendly requirements, with regard to numbers and variety of personal data; reminds that an ECI is about participation and agenda-setting instead of binding proposals and that the requirements should accordingly be moderate and well-balanced; calls on the Commission to ask all Member States to remove identification number requirements, accepting for a transitional period the exclusions of the two countries that absolutely need them to verify signatures.
Amendment 78 #
2014/2257(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to ask Member States to lower the age of ECI support to 16, as it is currently legally realized in Austria.
Amendment 92 #
2014/2257(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Invites the Member States to be flexible in their verification when they receive statements of support for an ECI which are just above the threshold of 1 million signatures, with a view to allowing its submission; calls on the Member States to simplify and unify their respective procedures; urges the Commission to propose a revision of the Regulation 211/2011 aiming at to guarantee citizens to sign an ECI in their country of residence too.
Amendment 107 #
2014/2257(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that, in order to emphasise the political dimension of ECIs, a public hearing held under the terms of Article 11 of Regulation 211/2011 should be structured in such a way as to allow organisers to engage in a dialogue with Members of the European Parliament; stresses that hearings on ECIs should be organised by a neutral committee that does not have the main responsibility for their subject-matter; points out that while the organisers of the ECI should be given the space they deserve for the presentation of their case, it might be useful to also include outside stakeholders and experts at an early stage of the discussion. To this end, the Commission is invited to use additional tools of participation as foreseen in Article 11 of the Lisbon Treaty (e.g., online consultation) and extend the deadline for a Commission response from 3 to 5 months to accommodate this. Is of the opinion that one Vice President of the European Parliament should be in charge of organizing the hearings on ECIs.
Amendment 111 #
2014/2257(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Under the terms of Article 225 TFEU, urges the Parliament and its committees, if necessary, to claim the right to request the Commission to submit a proposal that takes into account the content of any successful ECI.
Amendment 119 #
2014/2257(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages the Commission to run a media campaign to increase public and media awareness. Urges the need to amend the EU budget, in the framework of the mid-term review, so as to provide the Commission with the necessary financial resources to run an effective and large media campaign increasing public and media awareness of the ECI.
Amendment 46 #
2014/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, and to access to knowledge and information, and to the recognition and protection of the intellectual property rights of authors;
Amendment 48 #
2014/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, and to access to knowledge and information, while at the same time also providing authors of literary and artistic works with sufficient recognition and protection of their intellectual property rights;
Amendment 103 #
2014/2256(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Article 17 of the Charter of Fundamental Rights enshrines the right to property, drawing a distinction betweenwhich covers both the protection of possessions, on the one hand (paragraph 1), and the protection of intellectual property, on the other (paragraph 2);
Amendment 178 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for the rights of authors and performers to be provided with legal protection fortected so that their creative and artistic work; is recognised and legally protected;· recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 184 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legalto confirm the exclusive rights for authors and performers in order to safeguard their legal recognition and protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 215 #
2014/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 216 #
2014/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 281 #
2014/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to harmoniseNotes that the term of protection of copyright to a duration that does not exceed the current international standards set out in the Berne Conventionhas been harmonised at EU level by Directive 2006/116/EC (which was revised by Directive 2011/77/EU) without prejudice to the current international standards set out in the Berne Convention; and encourages Member States to finalise the transposition and implementation of this directive in a streamlined manner;
Amendment 287 #
2014/2256(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the EU legislator to remain faithful to the objective stated in Directive 2001/29/EC of providing an adequate protection for copyright and neighbouring rights as one of the main ways of ensuring European cultural creativity and safeguarding a fair balance between the different categories of rightholders and users of protected subject- matter, as well as between the different categories of rightholders;
Amendment 327 #
2014/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 331 #
2014/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 481 #
2014/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatoryn exception allowing libraries to lend books to the public in digital formats, irrespective of the place of access;
Amendment 489 #
2014/2256(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 492 #
2014/2256(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 539 #
2014/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 544 #
2014/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 15 #
2014/2254(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the fact that all measures imposed to Member States in the framework of financial adjustment programmes should respect fundamental rights, especially financial and social rights; Calls on the European institutions which take part in the dictation of the relevant measures to ensure they comply with the Charter of Fundamental Rights, the European Convention on Human Rights and the European Social Charter, as well as with the relevant jurisprudence of the competent bodies.
Amendment 42 #
2014/2254(INI)
Motion for a resolution
Citation 18 a (new)
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,
Amendment 50 #
2014/2254(INI)
Motion for a resolution
Citation 23
Citation 23
– having regard to the work, annual reports and studies of the FRA and the EIGE,
Amendment 53 #
2014/2254(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to the Report of the Independent Expert of the Human Rights Council on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Cephas Lumina (Addendum, Mission to Greece, UN A/HRC/25/50/Add.1)
Amendment 54 #
2014/2254(INI)
Motion for a resolution
Citation 24 a (new)
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’,
Amendment 55 #
2014/2254(INI)
Motion for a resolution
Citation 24 b (new)
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’,
Amendment 59 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
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,
Amendment 63 #
2014/2254(INI)
Motion for a resolution
Citation 25 b (new)
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,
Amendment 64 #
2014/2254(INI)
Motion for a resolution
Citation 25 c (new)
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,
Amendment 65 #
2014/2254(INI)
Motion for a resolution
Citation 25 d (new)
Citation 25 d (new)
– having regard to its resolutions on the Guantanamo detention centre,
Amendment 72 #
2014/2254(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas European integration came about in part to prevent a recurrence of the tragic consequences of the Second World War and the persecution and repression by the Nazi regime, and also to avoid any decline or reversal of democracy and the rule of law by promoting, respecting and protecting human rights;
Amendment 73 #
2014/2254(INI)
Motion for a resolution
Recital -A a (new)
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;
Amendment 74 #
2014/2254(INI)
Motion for a resolution
Recital -A b (new)
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;
Amendment 84 #
2014/2254(INI)
Motion for a resolution
Recital A a (new)
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;
Amendment 87 #
2014/2254(INI)
Motion for a resolution
Recital A b (new)
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;
Amendment 89 #
2014/2254(INI)
Motion for a resolution
Recital A c (new)
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;
Amendment 90 #
2014/2254(INI)
Motion for a resolution
Recital A d (new)
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;
Amendment 106 #
2014/2254(INI)
Motion for a resolution
Recital C a (new)
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;
Amendment 107 #
2014/2254(INI)
Motion for a resolution
Recital C b (new)
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;
Amendment 118 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter security, and whereas necessity and proportionality must be the overriding principles in this area so as to prevent policy actions from infringing civil liberties;
Amendment 138 #
2014/2254(INI)
Motion for a resolution
Recital G
Recital G
G. whereas manythere 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 UNevidenced, 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;
Amendment 147 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
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;
Amendment 150 #
2014/2254(INI)
Motion for a resolution
Recital G b (new)
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;
Amendment 153 #
2014/2254(INI)
Motion for a resolution
Recital G c (new)
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;
Amendment 199 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) make provision for an annual policy cycle that monitors its application, taking account of the results of annual and specific reports from the various parties involved, institutional and otherwise, and contribute towards improving coordination between those involved and the drafting of policies on the basis of greater transparency and, dialogue and accountability;
Amendment 278 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 a (new)
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;
Amendment 280 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises that democracy and the rule of law are based on respect for fundamental rights and freedoms and that any steps taken to counter terrorism or crime must not undermine fundamental rights in the EU; expresses concern at the developments concerning fundamental rights in the context of cross-border cooperation and the constant creation of new digital databases containing personal data;
Amendment 282 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 c (new)
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;
Amendment 284 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 d (new)
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;
Amendment 285 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 e (new)
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;
Amendment 286 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 f (new)
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;
Amendment 287 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 g (new)
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;
Amendment 344 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that antiterrorism policies have contributed to the introduction of a particularly repressive system of enforcement being applied to all citizens and not only those under suspicion or investigation for involvement in wrongdoing and is alarmed at the lack of concern for independent monitoring being shown at national and European level;
Amendment 356 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
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;
Amendment 364 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
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.;
Amendment 370 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
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;
Amendment 420 #
2014/2254(INI)
Motion for a resolution
Paragraph 8 a (new)
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;
Amendment 476 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
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;
Amendment 483 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
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;
Amendment 489 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 c (new)
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;
Amendment 552 #
Amendment 574 #
2014/2254(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 599 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
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;
Amendment 621 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 d (new)
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;
Amendment 625 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 b (new)
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;
Amendment 626 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Notes that ways and means exist of ensuring secure access to the European Union for migrants and refugees, and calls in particular for the creation of legal routes, easier access to international protection, the abolition of airport transit visas used by some Member States, the application of procedural guarantees as provided in the Community Code on Visas, the activation of the 2001 Temporary Protection Directive, and increased security for the sea and land access areas to the EU, not in order to intercept migrants but to ensure their safety; calls for the funding currently allocated to Frontex to be transferred to organising surveillance operations if Frontex is unable to take action in this area;
Amendment 641 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – introductory part
Paragraph 14 – introductory part
14. Deplores the repeated and tragic losses of life in the Mediterranean; reiterates the need to make every possiblfact 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:
Amendment 648 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
– save the lives of persons in danger; regrets, therefore, the ending of the ‘Mare Nostrum' operation and calls for the establishment of a multi-national rescue operation on at least the same scale;
Amendment 651 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 1 a (new)
Paragraph 14 – indent 1 a (new)
– ensure effective access to international protection for all persons intercepted at sea or at land borders, as well as conditions of reception complying, as a minimum, with European and international law;
Amendment 663 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– improve legal avenues open to refugeecreate 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;
Amendment 677 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 3 a (new)
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;
Amendment 681 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 3 b (new)
Paragraph 14 – indent 3 b (new)
– suspend all activities identified as being in violation of fundamental rights under EU law or the Frontex mandate;
Amendment 687 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 691 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 e (new)
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;
Amendment 694 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 e (new)
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;
Amendment 710 #
2014/2254(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Condemns the almost systematic practice of detaining irregular migrants, including asylum-seekers and unaccompanied minors, as a prelude to their expulsion; calls on Member States to comply with the provisions of the ‘Return Directive’; condemns the carrying out of expulsion measures without judicial control; reminds the Member States that, in accordance with the provisions of the ‘Return Directive’, detention is a measure of last resort and calls for detention centres which do not comply with procedural guarantees to be closed; calls on the Commission to pursue infringement proceedings against Member States which do not comply with EU legislation in this area;
Amendment 712 #
2014/2254(INI)
Motion for a resolution
Paragraph 15 a (new)
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;
Amendment 713 #
2014/2254(INI)
Motion for a resolution
Paragraph 15 b (new)
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;
Amendment 714 #
2014/2254(INI)
Motion for a resolution
Paragraph 15 c (new)
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;
Amendment 759 #
2014/2254(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the way in which the financial and economic crisis and the measures takenRoundly 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 isolationth, 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;
Amendment 762 #
2014/2254(INI)
Motion for a resolution
Paragraph 17 a (new)
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:
Amendment 763 #
2014/2254(INI)
Motion for a resolution
Paragraph 17 b (new)
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;
Amendment 771 #
2014/2254(INI)
Motion for a resolution
Paragraph 18
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;
Amendment 772 #
2014/2254(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Regrets the fact that various infringements of fundamental rights have been noted as a result of the austerity measures imposed to Member States by troika, in which participate the European Commission and the European Central Bank;
Amendment 781 #
2014/2254(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU institutions to look into the impact on fundamental rights 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;
Amendment 793 #
2014/2254(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU institutions, when adopting and implementing austerity measures, to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of 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;
Amendment 794 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the European Commission to consider proposing accession to the European Social Charter, in order to effectively safeguard social rights of the European people;
Amendment 816 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 a (new)
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;
Amendment 817 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Commission to conduct human rights impact assessments prior to adoption of any measures which might affect the enjoyment of fundamental rights in the Member States subject to economic adjustment programmes, in order to identify ways of avoiding their infringement;
Amendment 819 #
Amendment 820 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 b (new)
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;
Amendment 821 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 c (new)
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;
Amendment 869 #
2014/2254(INI)
Motion for a resolution
Paragraph 22
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;
Amendment 34 #
2014/2252(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets the fact that the Commission, acting within the "troika", has not observed the principle of subsidiarity as regards the measures imposed to Member- States within the context of Financial Adjustment Programmes.
Amendment 2 #
2014/2249(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Charter of fundamental rights of the European Union;
Amendment 11 #
2014/2249(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Union, due to the economic, financial and social crisis and to the measures adopted to address it, is experiencing an increased distrust and disillusion by its citizens towards the European project as a whole; whereas in order to address this criticism, regain legitimacy and rebuild the trust and confidence of the European citizens in the European Union, in the spirit of the Preamble of the Treaty on the European Union, the EU should redefine its priorities by giving primary consideration to the promotion of civil and social rights as enshrined in the Treaties and the EU Charter of fundamental rights, also providing for the involvement of civil society in decision-making and implementation processes;
Amendment 21 #
2014/2249(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the dominating role of the European Council amounts to a continuing rejection of the Community method with its dual legitimacy concept;
Amendment 41 #
2014/2249(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the European Council’'s working methods should be rendered more transparent vis-à-vis Parliament and its interference in legislative decision- making should remain within the limits of the Treaty provisionsfunctions should be carried out within the limits of the Treaty provisions, in particular article 15 TEU, allowing for ex ante input and ex post accountability;
Amendment 70 #
2014/2249(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the existing economic governance system is not yet strong enough to tackle all potential future criseshas proved itself ineffective to tackle the major challenges that are affecting Union citizens, such as increased inequalities, poverty and shocks as it should, nial exclusion, high-rate unemployment and work is it yet sufficiently good at generating higher competitiveness, structural convergence among its membersnsecurity while not being able, at the same time, to generate new economic growth, sustainable growth development and social cohesprotection; whereas, therefore, progress towards the completion of the EMU should be sustained, as well as efforts by linking it to the deepening of the social dimension and to the principles of the EU Charter of fundamental rights, in order to render its institutional structure more legitimate and democratically accountable;
Amendment 80 #
2014/2249(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Fiscal Compact should be incorporated into the EU legal framework on the basis of an assessment of experience with its implementation; replaced by a macroeconomic mechanism for reducing current account imbalances with a special focus on surplus countries, which should expand domestic demand to avoid the high social and economic costs of internal devaluation for deficit countries and should possibly be incorporated into the EU legal framework;
Amendment 93 #
2014/2249(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the Union needs a new legal act on economic policy, including the adoption of Convergence Guidelines, as well as some crucial structural reforms in the areas of competitiveness, growth and social cohesionbut mostly a legal shift on its economic policy based on the full application of Article 3 TEU and the principles provided for, in particular, in articles 9 to 12 TFEU;
Amendment 99 #
2014/2249(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the European Semester process should be simplified, should address the social aspects of better governance and assess Member States' performance on the basis of social criteria, in addition to economic criteria, and rendered more focused and democratic, by enhancing Parliament’'s scrutiny role over it and by investing it with a more substantial role in the various cycles of negotiations, in cooperation with national parliaments;
Amendment 115 #
2014/2249(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the Union should be endowed with increased investment capacity by ensuring better use of the existing structural funds and by fully implementing the existing six-pack and two-pack legal frameworkand by a golden rule for public investment which exempts public investment from debt accounting as investment creates assets and future income streams;
Amendment 127 #
2014/2249(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas part of the EU budget should be used to establish a fiscal capacity within the eurozone in order to assist Member States in the implementation of agreed structural reforms based on certain conditions; whereas this additional fiscal capacity should be placed outside the ceilings of the MFF and should be financed by genuine own resourcesincreasing their public investment;
Amendment 132 #
2014/2249(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the growth potential of the Single Market should be further exploited in the areas of services, the Digital Single Market, the Energy Union, and the Banking Union and, whereas the Capital Markets Union should be rejected; whereas decentralised and bank-based finance should be strengthened by cleaning banks' balance sheets from non-performing loans; whereas austerity, which dampens investment and credit demand, should be ended;
Amendment 140 #
2014/2249(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas there are deficiencies in relation to the functioning and implementation of the Instrument of the European Citizens' Initiative and therefore a need for improvement in order for it to function effectively and be a true instrument for participative democracy and active citizenship;
Amendment 146 #
2014/2249(INI)
Motion for a resolution
Recital U
Recital U
U. whereas recent security challenges, some in the immediate vicinity ofevents in the EU’'s borders, have revealed the need to move progressively towards the establishment of a common defence policy, and eventually, a common defence; whereas the Treaty already contains clear provisions as to how this could be done, notably in Aneighbourhood countries have shown the need to move towards a different approach in the EU's external relations founded on the peaceful promotion of social, economic, environmental and human rights standards for the benefits of all the particles 41, 42, 44 and 46 TEUinvolved;
Amendment 154 #
2014/2249(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the refugee crisis has exposed the need for a fair and effective common asylum and immigration policy, based on the principles of solidarity, non- discrimination, non-refoulement, sincere cooperation among all the Member States and on proactive search and rescue, which should provide as well for a fair distribuand more consistent relocation of asylum seekers across the European Union;
Amendment 169 #
2014/2249(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the European Union and its Member States are facing unprecedented challenges, such as the refugee crisis, the foreign policy challenges in the immediate neighbourhood and the fight against terrorism, as well as globalisation, climate change, the consequences of the financial and debteconomic crisis, the lack of competitiveness and the social consequences in several Member States, and the need to reinforce the EU internal market, which have so far been inadequately addressedthreats of disintegration and divergence, social exclusion, long term unemployment, increasing euroscepticism and the social consequences in several Member States, which have so far been inadequately addressed; noting that all these challenges need differentiated answers, and cannot form a unique package, lumping together, for example, the very different questions of refugees and of terrorism;
Amendment 186 #
2014/2249(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the Union needs to restore the lost confidence and trust of its citizens by enhancing the transparency and accountability of its institutions and decision-making, and imimproving its capacity to act and strengthening its democratic legitimacy providing its capacity to actfor a greater involvement of civil society in the decision-making process. To this end, it should also revise Regulation 211/2011 in order to encourage the Commission to have a less restrictive approach on the legal admissibility of an ECI and to allow a successful initiative to have an appropriate and concrete follow-up;
Amendment 207 #
2014/2249(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is of the opinion that intergovernmental solutions should not exist, not even in areas where not all the Member States fulfil the conditions for participation, and that the Fiscal Compact and the European Stability Mechanism, as intended by th should be Treaties should therefore be incorporated into Union law and no new institutions should be introduplaced by a macroeconomic mechanism for reducing current account imbalanceds;
Amendment 233 #
2014/2249(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that Parliament’'s legislative powers and control rights must be guaranteed, consolidated and strengthened, pari passu with those of the Council by an inter-institutional agreement, and through the use of the corresponding legal base by the Commission; asks consequently to be involved in the confirmation of the President of the European Council as well as of the High Representative for the EU Foreign Affairs, who is also one of the Vice-presidents of the European Commission;
Amendment 241 #
2014/2249(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers it necessary for the European Parliament to reform its working methods in order to cope with the challenges ahead, by using its control over the Commission, including in relation to the implementation and application of the acquis in the Member States, by limiting first-reading agreements to exceptional cases of urgency, and by improving its own electoral procedure through the revision of the 1976 Electoral Act in line with Parliament’s proposals contained by strongly limiting and guaranteeing the full transparency of the Trilogues in the ordinary legislative procedure and by improving its resolution of 11 November 2015 onown electoral procedure through the reformvision of the e1976 Electoral law of the European Union5 or as a future stepAct through the adoption of implementing measures in application of Article 14 of the Electoral Act; __________________ 5 Texts adopted, P8_TA(2015)0395. Texts adopted, P8_TA(2015)0395.
Amendment 259 #
2014/2249(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages meaningful political dialogue with national parliaments on the contents of legislative proposals; insists, however, on a clear delineation of the respective decision-making competences of the national parliaments and the European Parliament, where the former should exercise their European function on the basis of their national constitutions, in particular via the control of their national governments as members of the European Council and the Council, which is the level where they are best placed to directly influence the content of and exercise scrutiny over the European legislative process; is theref; stresses, however, that national parliaments must have new rights, negative and propositive, to monitore against the creation of joint parliamentary decision-making bodies for reasons of transparency, accountability and ability to actnd influence EU decisions. Election and referenda results cannot be systematically neglected by EU authorities;
Amendment 281 #
2014/2249(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on curbavoiding theany interferences of the European Council in the legislative process as it goes against the letter and spirit of the Treaties, in particular article 15 TEU;
Amendment 298 #
2014/2249(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the European Council publicly and regularly explain and motivate its policies before the European Parliament, including by presenting its intentions in advance of its meetings;
Amendment 309 #
2014/2249(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists on the importance of enhancing theguaranteeing transparency of Council legislative decision-making and the access of Parliament representatives as observers in meetings of the Council and its bodies in cases of legislation as well as full access to its documents;
Amendment 316 #
2014/2249(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 340 #
2014/2249(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Reiterates the need that all Commission's proposals are fully justified and accompanied by a detailed impact assessment, including a human rights assessment;
Amendment 351 #
2014/2249(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Suggests, on the basis of Article 352 TFEU, the creation of an EU Fiscal and Treasury Administration, with a role similar to that of the Congressional Budget Office in the United States, in order to support the European Finance Minister;
Amendment 361 #
2014/2249(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Insists on ensuring a single representation of the EU/eurozone within the International Monetary Fund (IMF), the World Bank and other international financial institutions (Article 138 TFEU) by its Finance Minister/VP of the Commission and the President of the European Central Bank (ECB); however, insists that the EU should firstly clarify the legal nature of the decisions taken by the informal bodies leading the monetary Union, first of all the Eurogroup;
Amendment 368 #
2014/2249(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls that the Commission and, the Parliament and the Council must ensure better application and implementation of European Union law in line with the obligations arising from the EU Charter of fundamental rights;
Amendment 416 #
2014/2249(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recalls that any further development of the EMU should be based on, and build on, existing legislation and its implementationlinked to the deepening of the social dimension and to the principles of the EU Charter of fundamental rights;
Amendment 419 #
2014/2249(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Insists that any EMU reform must include a social dimension and stabilisation mechanism, based on solidarity and reciprocity, which could prevent acute and persistent disparities in economic and social outcomes across EU Member States;
Amendment 424 #
2014/2249(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls for further institutional reforms in order to provide the EMU with an effective and democratic economic government with improved capacities and integrated within Believes that the democratic legitimacy of the EMU should be strengthened by a significant and strongly enhanced involvement of the European Parliament in the economic policy- making process; calls therefore for further institutional framework of the Union, whereby the Commission acts as the executive and Parliament and Council as co-legislators, as outlined belowreforms in order to provide the EMU with a democratically accountable governance structure;
Amendment 437 #
2014/2249(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Insists on the adoption of Convergence Guidelines, to be enshrined within a Convergence Code and adopted under the ordinary legislative procedure, with a view to creating a more binding framework for economic policy coordination (with key economic, competitiveness and social targets, such as in the areas of labour markets, competitivenessa focus on current account imbalance, noting the importance of stimulating aggregate demand in surplus countries, full employment, business environment and public administrations, aspects of tax policy and social protection) that is open to all 28 Member States and that guarantees them the possibility of participating in a shock-absorption mechanism; recalls that convergence criteria shall not represent a levelling down of social and human rights standards and a tool to restrict the objectives of the Union as provided for in article 2 and 3 of the TEU;
Amendment 445 #
2014/2249(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Believes that a limited number of crucial areas for structural reforms that increase competitiveness, the growth potential, real economic convergence and social cohesionabove all that a sizeable investment programme is needed in order to increase the growth potential, real economic convergence and social cohesion and a number of crucial policies that promote sustainable development, full employment and social progress, and a high level of protection and improvement of the quality of the environment over a five-year period to strengthen the European social market economy, as outlined in Article 3 (3) TEU, should be laid down;
Amendment 447 #
2014/2249(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Stresses the need of a radical reform of the EU policies, so as to avoid internal economic and social unbalances between Member States, and to allow processes of debt restructuring;
Amendment 454 #
2014/2249(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 467 #
2014/2249(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Considers it necessary for Parliament to be invested with a more substantial role in negotiations within the framework of the European Semester by allowing it to call hearings with governments of Member States affected by Country Specific Recommendations, Economic Partnership Programmes (EPP), Corrective Action Plans (CAP) and Alert Mechanism Reports (AMRs);
Amendment 488 #
2014/2249(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls for the integrationreplacement of the Fiscal Compact into the EU legal framework on the basis of an assessment of the experience with its implementationby a truly symmetric macroeconomic mechanism for reducing current account imbalances;
Amendment 493 #
2014/2249(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Points out the need to switch from unanimity to QMV for the adoption of the Multiannual Financial Framework (MFF) Regulation, by using the provisions of Article 48 (7) TEU and Article 312 (2) TFEU; highlights the importance of establishing a link between the duration of Parliament’'s legislative term, the European Commission's mandate and the duration of the MFF, which can be reduced to five years under the provisions of Article 312 (1) TFEU;
Amendment 506 #
2014/2249(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Proposes to change the procedure for the adoption of own resources through the general ‘'passerelle clause’' contained in Article 48 (7) TEU, which would facilitate the necessary transition from acombine the system based on Gross National Income (GNI) contributions to onewith a system based on real own resources for the EU and the eurozone budget, such as a reformed Value Added Tax (VAT)n EU wide coordinated wealth levy, a Financial Transaction Tax (FTT) or revenue from other sources such as the Emission Trading Schemea carbon tax;
Amendment 512 #
2014/2249(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls for better use of the existing structural funds in the direction of fostering competitiveness and cohesion, and for the creation of an incStresses that in the current economic environment of subdued demand, the inflation target of the ECB can only be reasched EU investment capacity through the exploitation of innovative approaches such as the European Fund for Strategic Investments, or through the creation of a specific facility to finance and guarantee infrastructure projects in the interest of the Unwith the support of expansionary fiscal policies as well as strengthening unions collective bargaining power in order to ensure wage growth in line with countries average productivity growth and the ECBs inflation target; calls for better use of the existing structural funds in the direction of fostering cohesion;
Amendment 514 #
2014/2249(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls for the deduction of net public investment from public debt in an effort to implement the "golden rule for public investment" in order to allow for an optimal intergenerational allocation of public investment; believes that the definition of what qualifies as investment should be assessed; considers that in order to limit short term public debt a corresponding threshold for net investment could be implemented; considers that implementation of the rule could be done through annexing an "investment protocol" to the Treaties under the simplified revision procedure of Art. 48 TEU;
Amendment 517 #
2014/2249(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 530 #
2014/2249(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Recalls that the euro is the currency of the Union and that the EU budget is designed to help less developed Member States catch up and become able to join the eurozonePoints out that the current construction of the euro renders it unsustainable as currency of the Union if the governance framework is not fundamentally revised;
Amendment 542 #
2014/2249(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Proposes the establishment of a fiscal capacity within the eurozone in order to assist Member States in the implementation of agreed structural reforms, based on incentives and certain conditions, including the effective implementation of the National Reform Programmes agreed within the European Semesterabsorbing asymmetric macroeconomic shocks by assisting the ECB monetary policy via corresponding fiscal backstops for the eurozone; considers that this could be done through the creation of additional capacity and/or by earmarking funding from the existing EU budget for this purpose; underlines that any new instrument should be placed within the EU budget, but outside the ceilings of the MFF, and financed from real own resources;
Amendment 552 #
2014/2249(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Pledges to increase the resilience of the EMU when facing economic shocks while preventing any form of permanent fiscal transfers;
Amendment 560 #
2014/2249(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
Amendment 568 #
2014/2249(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Considers it necessary to incorporate the European Stability Mechanism into the Union legal framework and, as a next step, to transform it into a European Monetary Fundcreate a European Monetary Fund without replicating the policy errors of the IMF and its counterproductive macroeconomic conditionalities as well as establishing an international mechanism for orderly sovereign debt default and restructuring;
Amendment 612 #
2014/2249(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Calls forRejects the establishment of a true capital markets union, with a single European capital markets supervisor and especially the securitisation of SME loans; calls for the clearing of the bank balance sheets and the end of austerity policy in order to foster bank financing;
Amendment 615 #
2014/2249(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
Amendment 625 #
2014/2249(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Considers it necessary to improve the automatic information exchange between national tax authorities in order to avoid tax planning, base erosion and profit shifting, as well as to promote coordinated actions to fight tax havens; calls for the adoption of a sufficiently broad Common Consolidated Corporate Tax Base directive establishing a minimum rate and spelling out common objectives for progressive harmonisation, apportioning tax revenue to member states according to economic substance and spelling out common objectives for progressive harmonisation; calls for binding public country-by-country reporting for all multinational companies with a taxable presence in the EU; deems it necessary to embark on a comprehensive review of the existing VAT legislation, addressing i.a. the issue of reduced rates and the introduction of the country of origin principle, and to establish a partially automatic stabilising mechanism to foster convergence and counter differences in the economic cycles of the Member States;
Amendment 629 #
2014/2249(INI)
Motion for a resolution
Paragraph 59 a (new)
Paragraph 59 a (new)
59a. Calls for the democratic control of the ECB via the European Parliament;
Amendment 630 #
2014/2249(INI)
Motion for a resolution
Paragraph 59 b (new)
Paragraph 59 b (new)
59b. Recalls the need that the meetings of the European Council and the Eurogroup being webcasted in order to guarantee their transparency and democratic accountability in line with the praxis of the European Parliament;
Amendment 660 #
2014/2249(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Calls for full enforcement of existing internal energy market legislation according to Article 194 TFEU in order to establish an Energy Union; points out however that the Energy Union should be principally fostered through appropriate research and development investments in renewable energy sources, in line with the objectives of the EU as listed, for example, in article 3 TEU and 37 of the EU Charter of fundamental rights;
Amendment 668 #
2014/2249(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Encourages the use of ‘project bonds’, in close cooperation with the European Investment Bank (EIB), for the financing infrastructure and energy projecta greater use of financing of public infrastructure and energy projects through the European Investment Bank (EIB); in this regards, is concerned by the increased use of public-private- partnership project, financed through EFSI projects or project bonds;
Amendment 682 #
2014/2249(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Stresses that the rights of workers, when they exercise their right of mobility,free movement represents a fundamental principle of the EU that should be always guaranteed and promoted, along with their social rights, in accordance with Articles 151 and 153 TFEU, in order to ensure a stable social basis for of all citizens, according to article 9 TFEU, the EU Charter of fundamental rights and in full respect of the principle of non-discrimination; to this end the EU should make full use of the legal instruments provided for in Title X of the TFEMU;
Amendment 686 #
2014/2249(INI)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71a. Calls on the Commission to set up a EU Social Framework focused on policies aimed at improving living and working conditions, quality employment, fair wages, equal treatment, social dialogue, quality public services and effective social protection, taking into account the relevant ILO Conventions, which should represent the essential basis for the future development of the economic pillar of the Union;
Amendment 694 #
2014/2249(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Points out the importance of promoting the idea of a fair and decent minimalum wage, of a basic minimum income and of minimum pensions determined by each Member State, and suggests that, under current Treaty provisions, an ‘'Employees Mobility Directive’' could be adopted to reduce still-existing barriers for employees;
Amendment 700 #
2014/2249(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72a. Recalls that the horizontal social clause enshrined in the Article 9 of the Treaty on the Functioning of the EU determines the need to mainstream social objectives throughout all European initiatives, including the European Semester and the Growth and Stability Pact;
Amendment 707 #
2014/2249(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls on the Commission to set up social criteria for the evaluation of Member States’' performance, and to recommend structural reform, through the modification of Regulation No 1303/2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, to ensure better use of regional and social fundsincluding the fight against unemployment and social exclusion;
Amendment 715 #
2014/2249(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Calls on the Commission to asses better the need for EU action, and the potential economic, social and, environmental and human rights impacts of alternative policy options before it proposes a new initiative (as legislative proposals, non-legislative initiatives and implementing and delegated acts), in keeping with the Better Regulation Guidelines adopted by the Commission on 19 May 20157 ; __________________ 7; __________________ 7 SWD (2015) 111 final SWD (2015) 111 final
Amendment 719 #
2014/2249(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Calls for the establishment of a new social pact aimed at preserving Europe’s social marketomoting a socially oriented Europe's economy, fully respecting the right to collective bargaining; calls for a European Labour Inspectorate; points out that such a pact could enhance the coordination of the social policies of the Member States;
Amendment 730 #
2014/2249(INI)
Motion for a resolution
Paragraph 75 a (new)
Paragraph 75 a (new)
75a. Points out that, in accordance with the aims and principles of the UN Charter and the Helsinki Final Act, Article 21 TEU is explicitly obliging the EU institutions to keep peace in the world, to prevent conflicts, to strengthen international security and to promote the principles of international law in the world; requires the High Representative and Vice-President to submit concrete Strategy Papers to the development and implementation of disarmament concepts and their corresponding standards within the EU and the world, to build up a new collective security system in Europe including the experiences and structures of the OSCE as well as to the development and global implementation of norms of international law, instruments and institutions, especially the Rome Statute of the International Criminal Court and the Arms Trade Treaty;
Amendment 731 #
2014/2249(INI)
Motion for a resolution
Paragraph 75 b (new)
Paragraph 75 b (new)
75b. Underlines the need of coherence regarding the policies dealing with external relations of the EU; considers different interests of the EU member states in this area stemming from different historical conditions, constitutional traditions and political cultures as fully justified and rejects therefore any political or institutional attempt to create a unity in a forced way; advocates the strengthening of the role of the Community policies in the development of a coherent external action of the EU and a corresponding CFSP through concrete proposals on how the trade, development, climate or agricultural and fisheries policies could contribute to implement the foreign policy objectives as stipulated in the Treaty; calls on the Commission to submit proposals to the European Parliament;
Amendment 732 #
2014/2249(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Takes the view that the European Union’s comprehensive approach toa peaceful, civilian and neutral intermediary approach of the European Union to solve external conflicts and crises should be reinforcedpolitically reinforced, amongst others, by bringing together more closely theogether the existing different actors and instruments inat all phasstages of the conflict cycle, and considers it necessary that Parliaprevention, solution and aftercare of conflicts; recalls that stability and security are always the result of fair and equitable societal conditions and therefore any activity to promote stability and security should be brought forward by assuring the primacy of development, economic and conflict- avoiding instruments and the Council start adopting joint strategic documentpolicies which may open the opportunity to the conflicting parties to resolve the conflict without the use of force; stresses that Article 21 (1) TEU is obliging the EU institutions to search mainly for multilateral solutions of such conflicts and crises within the framework of the United Nations;
Amendment 734 #
2014/2249(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Insists on using the provisions of Article 22 TEU to set upthat, by implementing Article 22 TEU, decisions on strategic interests and overall strategic framework for, and to take decisions on, strategic interests thatbjectives should be taken aiming at ensuring peace and stability, the enforcement of the principles of the UN Charter and of the Helsinki Final Act and the development of equal cooperation for mutual benefit with any country or region and that such decisions can extend beyond CFSP to other areas of external action; recalls that decthese strategic interests must be the object of a deep and common revisions, taken on the basis of such a strategy could be implemented by QMV; ing into account that any revival of cold war habits is excluded and a common European security system, including Russia, is needed; notes that appropriate implementation decisions going in this direction could be adopted under Art. 31 (2) TEU by qualified majority;
Amendment 739 #
2014/2249(INI)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Considers it necessary that the EU Special Representatives be integrated into the EEAS, including by transferring their budget from the CFSP lines to the EEAS lines, as this would incwhich shall be under the direct control and coordination by the High Representative and Vice- President will be equipped with all necessary services and resources via a strong organizational link to the EEAS and that the related budget resources are transferred therefore from the CFSP lines to the EEAS lines; calls to strengthen the transparency and accountability of the mandate of the EU Special Reprease the coherence of EU effortntatives and their performance by debates and hearings with the relevant committees of the European Parliament on a regular basis;
Amendment 743 #
2014/2249(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Believes that there is a need to increase the flexibility of the financial rules for external action in order to avoid delays in the operational disbursement of EU funds and, thereby, increase the EU’'s ability to respond to crises in a speedy and effective way; advocates to agree on binding regulations to allow a disbursement of EU funds exclusively under the condition that the EU is acting in this kind of conflicts as an independent and neutral party, and that the use of resources applies exclusively to the enforcement of humanitarian aims by peaceful means; considers it necessary, in this regard, to set up a fast-track procedure for humanitarian assistance to ensure that aid is disbursed in the most efficient and effective way possible;
Amendment 745 #
2014/2249(INI)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Urges the Council, the EEAS and the Commission to uphold their respective obligations to immediately and fully inform Parliament at all stages of the negotiating and concluding processes of international agreements, as stipulated in Article 218 (10) TFEU and, as detailed in interinstitutional agreements with the Commission and the Council and in line with the relevant case-law of the European Court of Justice, namely, for instance, case C-350/12 P, Council of the European Union v Sophie in 't Veld;
Amendment 750 #
2014/2249(INI)
Motion for a resolution
Paragraph 82 a (new)
Paragraph 82 a (new)
82a. Reminds that any security policy of the EU must have a merely defensive, not aggressive, dimension, must be based on disarmament and arms control, focusing essentially on cooperation in the European continent, bearing in mind that the cold war confrontation is finished. Any establishment of military bases in the Eastern countries of EU, as any enlargement of the Atlantic Alliance to the East must be avoided. The arms race must not be permitted to reinitiate its old cycle, as it is happening nowadays, in the absence of e serious reassessment of European interests in the continent, in the Mediterranean and in the greater Middle East (Turkey included);
Amendment 801 #
2014/2249(INI)
Motion for a resolution
Paragraph 93
Paragraph 93
93. Considers that there is a need to enhancereview EU-NATO cooperation at all levels in areas such as capability development and contingency planning for hybrid threats, and to intensify efforts at removing remaining political obstacles, taking into account the profoundly changed scenarios of the post-cold war era in Europe and the substantive failures of NATO policies in the US-led anti-terror war outside the NATO area;
Amendment 808 #
2014/2249(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93a. Express its deep concern for the recent adoption or proposition of both national and European legislative provisions, in the framework of the fight against terrorism, that could seriously impact on individual and collective rights and freedoms such as, for instance, the right to respect for private and family life, to protection of personal data, freedom of movement, presumption of innocence, non-discrimination, and on the fight against islamophobia and antisemitism; recalls, in this respect, the European and international obligations concerning the protection of fundamental rights and the relevant case-law, amongst others, of the European Court of Justice and the European Court of Human Rights;
Amendment 810 #
2014/2249(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Underlines that in the light of the recent attacks and the increase of the terrorist threat, a more intense and structured exchange of information and data between national security agencies and intelligence services, and with Europol and Frontex, is absolutely essential, without allowing for restricting or lowering down existing EU rights and freedoms enjoyed by European citizens and residents;
Amendment 819 #
2014/2249(INI)
Motion for a resolution
Paragraph 95 a (new)
Paragraph 95 a (new)
95a. Emphasises that while using the necessary security measures to combat terrorism, it is also essential to take a preventive approach based on education and mobilisation of physical and human resources in the social, political and economic sphere, in order to ensure the full integration of citizens in European societies;
Amendment 825 #
2014/2249(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Highlights the need to set up an fair and effective EU common asylum and immigration policy, based on the principles of solidarity, non- discrimination, non-refoulement, sincere cooperation among all the Member States and on proactive search and rescue, which should provide as well for fair distriburelocation of asylum seekers in the European Union; takes the view that such a policy should involve all Member States, but that, if this proves impossible, the potential of enhanced cooperation could be exploited; stresses that a new asylum and migration framework should build upon fundamental rights of the migrant;
Amendment 829 #
2014/2249(INI)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96a. Stresses that no country has to face, in asylum and migration related policies, excessive burdens, so as to avoid the risk of their de facto exclusion from the Schengen agreement;
Amendment 832 #
2014/2249(INI)
Motion for a resolution
Paragraph 96 b (new)
Paragraph 96 b (new)
96b. Points out that further steps are necessary to ensure that the Common European Asylum System becomes a truly uniform system; calls on Member States to harmonize their legislation and practices with regards to the standards as to who qualifies as a beneficiary of international protection, guarantees on international protection procedures and reception conditions following the jurisprudence of the ECtHR and CJUE and established best practices in fellow Member States;
Amendment 833 #
2014/2249(INI)
Motion for a resolution
Paragraph 96 c (new)
Paragraph 96 c (new)
96c. Recalls that Article 78(2)(a) TFEU calls for "a uniform status of asylum valid throughout the Union"; 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;
Amendment 834 #
2014/2249(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
Amendment 848 #
2014/2249(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Stresses the importance of distinguishing between the concepts of ‘unsafe third countries’ (war zones) and ‘safe third countries’ (mostly Western Balkans countries), and 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; notes that the use of safe country lists, whether nationally designated or at EU level, further corresponding distinntributes to a practionce of procedures for processstereotyping certaing applicants coming from these two categories of countries; calls for the signature of agreements with safe third countries in order to control and reduce migration flows before migrants arrive at the EU border; insists, at the same time, on strict procedures for rettions 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 ensurning applicants with unfounded claimsfull respect of the principle of non-refoulement;
Amendment 857 #
2014/2249(INI)
Motion for a resolution
Paragraph 99
Paragraph 99
Amendment 861 #
2014/2249(INI)
Motion for a resolution
Paragraph 100
Paragraph 100
100. Calls for an upgrade of the human and financial capabilities of the European Asylum Support Office (EASO) so that it can be deployed to support Member States under particular migratory pressure in the processing of asylum requests, including in its mandate for the deployment of joint operations, and pilot projects and rapid interventions similar to the ones added by Regulation 1168/2011 to the mandate of Frontex;
Amendment 876 #
2014/2249(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Recalls the obligation for the accession of the Union to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in line with Article 6 (2) TEU, and urges the swift re-launching of negotiations with the Council of Europe to this effect; at the same time, asks the Commission to start negotiations with the Council of Europe for the accession of the Union to the European Social Charter;
Amendment 3 #
2014/2243(INI)
Draft opinion
Recital A a (new)
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;
Amendment 29 #
2014/2243(INI)
Draft opinion
Paragraph 3 a (new)
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;
Amendment 32 #
2014/2243(INI)
Draft opinion
Paragraph 3 b (new)
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;
Amendment 49 #
2014/2243(INI)
Draft opinion
Paragraph 5
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.
Amendment 7 #
2014/2228(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas international trade and investment agreements concluded by EU institutions are subject to the rights guaranteed by the EU, and the principles underlying the protection of those rights in the EU, as is the precautionary principle which applies to environmental, health and consumer protection;
Amendment 11 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
Amendment 16 #
2014/2228(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas art. 344 TFEU provides that: "Member States undertake not to submit a dispute concerning the interpretation or application of the Treaties to any method of settlement other than those provided for therein";
Amendment 23 #
2014/2228(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas Article 1 TEU provides that: "decisions are taken as openly as possible and as closely as possible to the citizen"; article 10 para. 3 TEU provides that: "decisions shall be taken as openly and as closely as possible to the citizen"; the European Parliament has, according to article 218 (10) TFEU, the right to "be immediately and fully informed at all stages of the procedure" of negotiation and conclusion of agreements between the Union and third countries"; and the European Ombudsman has emphasised in the decision closing her own-initiative inquiry OI/10/2014/RA the need for transparency in TTIP negotiations and public access to TTIP documents;
Amendment 31 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point a – point i (new)
Paragraph 1 – point a – point i (new)
ai. Urges, given the scale of the impact which the TTIP would have on the lives of ordinary Europeans, that a referendum be held in all the EU Member States and that its outcome should be final and should determine whether the negotiations continue or are halted; taking adequate account of the concerns felt by the community at large regarding lowering of standards to the detriment of consumers, protection of public services, the proposed cooperation system and ISDS;
Amendment 32 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
aa. Demands to suspend the TTIP negotiations and calls on the Commission to conduct a public consultation on the content and goals of the negotiations;
Amendment 35 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
Amendment 42 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
ba. Calls on the Commission to make publicly accessible the consolidated text versions combining EU and US positions on draft chapters and thereby ensure the equal access to information for all interested stakeholders during all stages of the negotiations;
Amendment 44 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 58 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point d
Paragraph 1 – point d
d. Calls on the Commission, in this context, to take account of and to supplement, firstly, the constructive contributions made by the public consultation on TTIP, and, secondly, the dispute settlement mechanisms incorporated in CETA, in order to establish clear structures, impartial procedures, a lawful pool of judges selected by States and a code of conduct for judges, to increase the transparency and legitimacy of such dispute settlement procedures, to limit the scope for legal action in order to prevent forum shopping, toin order to increase the transparency of negotiations and maintain the democratic legitimacy of national and European legislatures for amendments to legislation with defined standards and levels and to assess the feasibility of establishing a permanent court and a multilateral appeal system in TTIP;
Amendment 62 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
Amendment 71 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point f
Paragraph 1 – point f
f. Calls on the Commission to ensure that in the futurereject the ISDS dispute settlement mechanism in TTIP it is guaranteed that decisions on individual cases will not replace the national law of the contracting parties which is in force or render it ineffective, and, since it would de facto lead to justice being privatised and would undermine the right of the competent authorities to regulate by exposing them to the threat amendments by future legislation – provided that they are not made retroactive – cannot be contested under such a dispute settlement mechanismof legal proceedings by private investors and it would threaten legal certainty of public contracts in the EU;
Amendment 73 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point f
Paragraph 1 – point f
f. Calls on the Commission to ensure that, in the futuref a dispute settlement mechanism in TTIP it is guaranteed thats adopted, its decisions on individual cases will not replace the national law of the contracting parties which is in force or render it ineffective, and that amendments by future legislation – provided that they are not made retroactive – cannot be contested under such a dispute settlement mechanism;
Amendment 78 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point g
Paragraph 1 – point g
g. Calls onUrges the Commission to ensure that clearly defined rules on regulatory coherencethe revision clause is included in the agreement to enable the impact of the arrangements agre comprehensively incorporated in TTIPed to be checked and where necessary changed and to be able to terminate the agreement;
Amendment 82 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point g – point i (new)
Paragraph 1 – point g – point i (new)
gi. Calls on the Commission to make clear to the negotiating partner that the precautionary principle is one of the fundamental principles of European environmental, health and consumer protection policy and is the basis for prompt, proactive negotiations to avoid putting the health of people, animals and plants at risk and damaging the environment; ensure that the negotiations do not result in the diluting of the precautionary principle which operates in the EU, particularly in the areas of environmental, health, food and consumer protection;
Amendment 83 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point h
Paragraph 1 – point h
h. Calls on the Commission to ensure that the adoption of national legislation continues to be performed exclusively by legitimate legislative bodies of the EU and the USA and that the Regulatory Cooperation Body is not assigned any legislative powers but serves purely for purposes of cooperation, information exchange and supervision of the implementation of TTIP provisionwith promoting the highest standards of citizens protection, including health, safety, the environment, consumer and workers 'rights, public services of general interest, considers it vital to preserve the sovereignty of the Member States to derogate public and collective services, such as water, health, education, social security, cultural, media matters, product quality and the right of self-government of municipal and local authorities from the scope of TTIP negotiations. Urges the Commission to ensure that any procedures in the context of regulatory cooperation fully respect the legislative competences of the European Parliament and the Council in strict accordance with the EU Treaties and do not delay directly or indirectly the European legislative process;
Amendment 84 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point h
Paragraph 1 – point h
h. Calls on the Commission to ensure that the adoption of national legislation continues to be performed exclusively by legitimate legislative bodies of the EU and the USA and that the Regulatory Cooperation Body is not assigned any legislative powers but serves purely for purposes of cooperation, information exchange and supervision of the implementation of TTIP provisions;
Amendment 88 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
Amendment 92 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
i. Notes that TTIP gives contracting parties the option of increasing protection of intellectual property, including in relation to third States.Calls on the Commission to make sure that the question of IPR, including copyrights, trademarks and patents is not included in the negotiations as neither the Member States nor the EU have adopted comprehensive harmonisation measures for these matters;
Amendment 97 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
ia. Considers that the inclusion of ISDS would be incompatible with the CJEU's exclusive jurisdiction over the definitive interpretation of EU law;
Amendment 104 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
ib. Stresses the need to release all preparatory documents well before the EP is asked to vote on the final text;
Amendment 1 #
2014/2215(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to Articles 67(1), 72, 228 and 22863 of the Treaty on the Functioning of the European Union,
Amendment 2 #
2014/2215(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, in particular Article 41 thereof,(Right to good administration) and Article 47 (Right to an effective remedy and to a fair trial)
Amendment 9 #
2014/2215(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Frontex code of conduct for joint return operations coordinated by frontex;
Amendment 11 #
2014/2215(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas different NGOs and international organizations have denounced fundamental rights violations and systematic breach of other international legislation, such as the principle of non-refoulement and the principles regarding asylum laid down in the Geneva Conventions, during Frontex operations;
Amendment 12 #
2014/2215(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas Frontex as any other EU institution, body, office or agency in its activity, has to comply with the Charter of Fundamental Rights and whereas this obligation finds its translation in Article 263 TFEU according to which "acts setting up bodies, offices and agencies of the Union may lay down specific conditions and arrangements concerning actions brought by natural or legal persons against acts of these bodies, offices or agencies intended to produce legal effects in relation to them";
Amendment 13 #
2014/2215(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas Article 263 TFEU also provides that the Court of Justice of the European Union shall review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.
Amendment 14 #
2014/2215(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas even today Frontex coordination activity cannot in practice be dissociated from the Member State activity done under its coordination so that also Frontex (and thereby the European Union through it) could have direct and indirect impact on individual's rights and trigger, at the very least the EU extra- contractual responsibility (see Court of Justice Judgement T-341/07 Sison III); whereas such responsibility cannot be avoided simply because of the existence of administrative arrangements with the Member States involved in a Frontex coordinated operation when such arrangements have an impact on one' s fundamental right;
Amendment 19 #
2014/2215(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas Article 9 of Regulation 863/2007 provides that team members responsible for carrying out monitoring and surveillance activities at the external borders must comply with Community law and the national law of the host Member State.
Amendment 20 #
2014/2215(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in 2012 the European Ombudsman opened an own-initiative inquiry into the implementation by Frontex of its fundamental rights obligations which showed Frontex was failing to respect fundamental rights;
Amendment 23 #
2014/2215(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the draft recommendations of the European Ombudsman, which were ignored by the relevant authorities, include implementing an individual complaints mechanism;
Amendment 44 #
2014/2215(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Amendment 48 #
2014/2215(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. Whereas growing humanitarian and legal challenges at the EU's external borders are being presented as evidence of the imperfect implementation of a genuine EU approach; whereas this is rather the result of EU restrictive immigration policy which has had a negative impact on the rights of migrants, asylum seekers and refugees;
Amendment 82 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law and should respect the national law of the host Member States whenever it applies more favourable standards for third country nationals and stateless individuals; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 112 #
2014/2215(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that migrants and stateless individuals should also have access to the complaints mechanism, including those who could be considered to be from safe countries of origin;
Amendment 155 #
2014/2215(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Clear criteria on when Frontex's staff members should be excluded shall be established following recommendations from the Consultative Forum, the Fundamental Rights Officer and other relevant actors and NGOs such as FRA, UNHCR, IOM
Amendment 160 #
2014/2215(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Clear criteria on when Frontex operations should be terminated shall be established following recommendations from the Consultative Forum, the Fundamental Rights Officer and other relevant actors and NGOs such as FRA, UNHCR, IOM
Amendment 166 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check;
Amendment 173 #
2014/2215(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Following Article 13 of the Frontex Code of Conduct for Joint Operations, international organisations and NGOs, as independent from the authorities enforcing returns, should be informed of the preparation of Joint Return Operation and allowed to monitor their application/implementation
Amendment 181 #
2014/2215(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. In order to improve Frontex's transparency, accountability and effectiveness and to allow the thorough investigation of individual complaints, the use of funds by Frontex should be regularly reported to the parliament and made public on their website
Amendment 190 #
2014/2215(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex RegulationConsiders that the Frontex legal framework should be urgently updated to cover the situations of de facto power of Frontex upon individuals; recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; calls furthermore on the Commission to provide in the forthcoming review proposals for increased transparency and accountability regarding the spending of the Frontex budget;
Amendment 200 #
2014/2215(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Instructs its President to forward this resolution to the Council, the Commission and the, national parliaments. and Frontex
Amendment 6 #
2014/2151(INI)
Motion for a resolution
Recital A
Recital A
A. whereas intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; whereas the enforcement of intellectual property rights plays a significant role in ensuring consumers’ health and safety; whereas counterfeiting is generally linked with a black economy;
Amendment 43 #
2014/2151(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication of the Commission of 1 July 2014 presenting an action plan on the enforcement of intellectual property rights; supports its approach to IPR enforcement, based on preventive actions and on policy tools which intend to deprive commercial-scale infringers of their revenues and make it more difficult for infringing goods to be put on the market, and calls to define what ‘commercial- scale infringements’ are so as to deprive ‘commercial-scale’ infringers of their revenues;
Amendment 55 #
2014/2151(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that applying due diligence, which has a different meaning in the online and the offline environment and thus has to be defined accordingly, throughout the supply chain would improve the business environment and contribute to preventing infringing goods from entering the market; stresses, however, that the cost-benefit ratio of qualitative auditing schemes should be well assessed and that providing support to SMEs should be considered in that respect;
Amendment 99 #
2014/2151(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the importance of access to justice and of the cost-effectiveness of judicial proceedings, especially for SMEs, and calls for the development of mediation services and other business-to- business alternative dispute resolution schemjudicial proceedings, to resolve disputes in the area of IPR;
Amendment 103 #
2014/2151(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses its satisfaction about the development of the activities ofects the European Observatory on Counterfeiting and Piracy to function as a tool for collecting and exchanging data and information on all forms of IPR infringements, and welcomes in particular the efforts made and the results obtained, notably as regards the Enforcement Database and the Anti- Counterfeiting Intelligence Support Tool so far; calls on the Commission to monitor the work of the Observatory making sure that its reports are of a high quality, and use rigorously this evidence to propose solutions for improving legislation; calls on the Commission to report back to Parliament on this on a regular basis;
Amendment 32 #
2014/2150(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the decision of Commission President Juncker to entrust the First Vice- President of the Commission with the portfolio of better regulation, which underlines the high political importance of this topic; and stresses that it should be an ongoing process ensuring that the legislation in force at European level is of utmost quality, meeting the expectations of citizens and other stakeholders, calls for public policy objectives including consumer, environmental, social and health and safety standards not to be jeopardised;
Amendment 46 #
2014/2150(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the Commission should focus more on the quality of legislation rather than on the number of legislative acts; underlines in this regard that costs should not be the decisive factor but quality of legislation is the only appropriate benchmark and that REFIT programme must not be used to undermine social, labour, environmental and consumer standards;
Amendment 50 #
2014/2150(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a European standard generally replaces 28 national standards, thereby underpinning the single market and cutting down on bureaucracbut must under every circumstances respect the principles of subsidiarity and proportionality;
Amendment 141 #
2014/2150(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need to take account of the horizontal, social and ecological provisions of the Lisbon Treaty (Articles 9 and 11 TFEU) in defining and implementing Union actions and policies; calls on all EU institutions always to consider an in-depth analysis of the social and environmental impact of any proposed legislation and the short- and long-term effects of legislation; believes that, while the focus of such assessments is primarily on monetary factors, and on easily quantifiable criteria such as economic operators costs, the long- term value of legislation, such as the reduction of adverse health effects or the preservation of ecosystems, is often difficult to quantify, and that, as a consequence, social and environmental costs and benefits are not taken into adequate account;
Amendment 176 #
2014/2150(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that evaluation of new rules regarding their impact on SMEs must be in no way detrimental to the rights, safety and wellbeing of their employees;
Amendment 184 #
2014/2150(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the fact that the Commission is making systematic ex-post analysis an integral part of better regulation; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should be carried out within a sufficient time-frame, preferably several years after the deadline for transposition into national law;
Amendment 224 #
2014/2150(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Remains strongly opposed, with reference to the decisions of the Parliament of 15 January 2015, to the intention of the Commission to withdraw a number of legislative proposals, in particular the directive on maternity leave,calls on the Commission to continue negotiations on the maternity directive, and the legislative proposals on air quality and waste policy, the directive on transparency in pricing and reimbursement of medicines, and the proposal to revise the directive on national emission ceilings under the legislative follow-up to the climate and energy package; calls on the Commission to take due account of the position of Parliament;
Amendment 1 #
2014/2143(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the GPEDC High Level Meeting in Mexico outcome document, of April 2014,
Amendment 4 #
2014/2143(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the Fourth World Conference on Women held in Beijing in September 1995, the Declaration and Platform for Action adopted in Beijing and the subsequent outcome documents of the United Nations Beijing +5, +10 and +15 Special Sessions on further actions and initiatives to implement the Beijing Declaration and Platform for Action adopted on 9 June 2000, 11 March 2005 and 2 March 2010 respectively,
Amendment 6 #
2014/2143(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
- having regard to the implementation of the Programme of Action of the International Conference on Population and Development (ICPD) that took place in Cairo in 1994, where the global community recognized and affirmed that sexual and reproductive health and reproductive rights are fundamental to sustainable development,
Amendment 8 #
2014/2143(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979,
Amendment 42 #
2014/2143(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas inequality rates are still huge in both LICs and MICs;
Amendment 45 #
2014/2143(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Amendment 46 #
2014/2143(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas women’s poverty and gender inequalities are also root cases and push factors in trafficking of women and girls for sexual exploitation, and whereas women and girls are exploited in sex industries in all regions of the world;
Amendment 47 #
2014/2143(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas lack of comprehensive sexuality education, youth-friendly reproductive health services and measures to prevent early and forced marriages, sexual harassment and violence prevent in particular girls from attending school and completing their education, driving gender inequalities and poverty;
Amendment 53 #
2014/2143(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the new development framework offers an opportunity to secure the broad involvement of local authorities and civil society;
Amendment 54 #
2014/2143(INI)
Motion for a resolution
Recital E
Recital E
Amendment 59 #
2014/2143(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas domestic resource mobilisation is an essential element in the fight against poverty and inequality;
Amendment 61 #
2014/2143(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas aid continues to have a unique role in poverty reduction and as game-changer in developing countries;
Amendment 66 #
2014/2143(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 81 #
2014/2143(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that, although the MDGs have made a profound difference in people’s lives, key issues such as inequality, human rights violations, armed conflicts and terrorism, climate change, food insecurity, migration, unemployment, demographic changes, corruption, resource constraints, unsustainable growth, tax fraud and tax avoidance and financial and economic crises still pose extremely complex and interrelated challenges for the next decades;
Amendment 92 #
2014/2143(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the new framework should respond effectively to these challenges and tackle important issues such as respect for the dignity of every human being, justice, equality, good governance, democracy, the rule of law, peace and security, climate change, disaster risk management, inclusive and sustainable growthsustainability, health and social protection, education, research and innovation, and the central role of women in the new development framework;
Amendment 103 #
2014/2143(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the fact that the new development framework must be universal in its nature, while also taking into account different national circumstances, capacities, policies and priorities;
Amendment 125 #
2014/2143(INI)
Motion for a resolution
Heading II
Heading II
II. Priority areas Poverty eradication, inequality reduction and sustainable development
Amendment 133 #
2014/2143(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that poverty eradication together with inequality reduction and sustainable development should be the underlying theme of the new development framework;
Amendment 139 #
2014/2143(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. The focus for post-2015 must be on improving everyone´s access to resources, capabilities, choices, security and power and on creating well-being for all, measured according to an international agreed set of indicators;
Amendment 143 #
2014/2143(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Since the framework is to be universal, all countries must work to ensure that no person falls below the national poverty line of their country. A poverty goal and accompanying targets must therefore be appropriate for universal framework which applies to all countries;
Amendment 150 #
2014/2143(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Equitable access to all resources is crucial for achieving equality – including financial and natural resources – through redistributive measures and other means to create a level playing field;
Amendment 167 #
2014/2143(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. The removal of all forms of discriminatory policies and practices in every field is a sine qua non for the narrowing of gaps between people;
Amendment 181 #
2014/2143(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for human rights principles to underpin the post-2015 framework, which must address, in particular, issues of inequality and discrimination, participation and the empowerment of marginalised and disadvantaged people in society - with a special attention to the rights of women, youth, migrants, people living with HIV, LGBTI persons and persons with disability;
Amendment 201 #
2014/2143(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the post-2015 framework should reflect the peace- building andly on peaceful purely civilian conflict resolution strate-building goals agreed in Busangies involving local and regional civil society and reject any military interventions, which will not improve the humanitarian situation, but serve economic and geostrategic interests of western countries and companies;
Amendment 211 #
2014/2143(INI)
Motion for a resolution
Heading II -subheading 4
Heading II -subheading 4
Climate-change mitigation and disaster- risk reduction
Amendment 218 #
2014/2143(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that climate change mitigation needs to be effectively mainstreamed in the post- 2015 development framework, taking into consideration the strong linkages with several o as a cross cutting issue. The emergency of adapting to and mitigating climate change must be integrated across all relevant goals and targets, with special attention given to ther prioritiesoorest and most marginalised;
Amendment 223 #
2014/2143(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers the importance for the EU to promote low carbon development pathways across all relevant areas and sectors and calls the EU to propose sustainable production and consumption patterns, including indications on ways the EU plans to reduce consumption and to decouple economic activity from environmental degradation;
Amendment 224 #
2014/2143(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Stresses the importance for the EU to be more ambitious within the Post 2015 framework in setting Renewable Energy and Energy Efficiency targets at international, regional and national level, which are technologically and economically feasible today, and in phasing out fossil fuel subsidies;
Amendment 225 #
2014/2143(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Believes the EU should strongly support universal access to clean, reliable and affordable energy services as a key element of the post 2015 framework;
Amendment 247 #
2014/2143(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that food sovereignty and nutrition security is emerging as a priority area for the new development agenda; stresses, in this connection, the importance of addressing the linkages with improving the productivity of sustainable agriculture and fisheries;
Amendment 302 #
2014/2143(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that development goes hand in hand with education; urges that access to all levels of quality education - especially primary education- be reflected in the new development framework;
Amendment 321 #
2014/2143(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Recognises that girls and young women are particularly disadvantaged and at risk, and that specific focus is needed to ensure girls access to education, to live lives free from violence, to remove discriminatory legislation and practices, and to empower girls and young women globally;
Amendment 324 #
2014/2143(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Emphasises that universal respect for and access to SRHR contributes to the achievement of all the health-related MDGs: prenatal care and the ability to avoid high-risk births, reduce infant and child mortality; points out that family planning, maternal health and safe abortion services are important elements to save women's lives;
Amendment 338 #
2014/2143(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 345 #
2014/2143(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls for a new global framework that creates a more equitable and sustainable trade scheme based on dialogue, transparency and respect that seeks greater equity in international trade; takes the view that Fair Trade is an example of a successful partnership, involving many stakeholders around the world and at different stages along a supply chain, that ensures market access for disadvantaged producers, in particular women, guarantees sustainable livelihoods, respects labour standards, phases out child labour and encourages environmentally sustainable farming and production practices;
Amendment 355 #
2014/2143(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that the private sector shcould be a key driver of inclusive and sustainable growth if follow development effectiveness principles;
Amendment 367 #
2014/2143(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Urge the EU to prioritise Tax justice and domestic resource mobilisation in the post- 2015 agenda, as it should play a major role in transforming society, eradicating poverty and reducing inequalities;
Amendment 402 #
2014/2143(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls the importance of maintaining the current levelachieving international commitments ofn ODA; calls for the EU to continue to work closely with other donors on developing further innovative financial mechanisms and new partnershipsenhance the Development Effectiveness Agenda and to;
Amendment 419 #
2014/2143(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for the EU to continue to work closely with developing countries in seeking to increase their domestic revenues and put in place just, sustainable and equitable tax systems;
Amendment 1 #
2014/2139(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the high number of agencies which have been set up in the area of freedom, security and justice but reiterates the importance of the missions which they carry out and their direct impact on citizens' everyday lives; Stresses that all the new agencies have been set up in response to a specific need; Is convinced that all the agencies in this policy area fulfil a distinct and necessary role providing European added value;
Amendment 2 #
2014/2113(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the Court of Auditors’ opinion that there is insufficient assurance of the legality and regularity of grant transactions in the area of joint land/sea/air operations and in some cases in joint return operations, but that, unlike in 2012, the impact was confined to certain areas; applauds, therefore, in that connection, the introduction by Frontex as from June 2013 of a more comprehensive system of ex ante verifications for grant agreements;
Amendment 3 #
2014/2113(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes note of the Court of Auditors' observation that none of the 2013 grant transactions was subject to ex post control.
Amendment 6 #
2014/2040(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the very low budget increase of FRA; underlines that this increase is insufficient to take into account the extension of its competences and the degradation of the situation of fundamental rights and freedoms in the Union and the Member States;
Amendment 7 #
2014/2040(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes the increase of the budget lines "Ensuring the protection of rights and empowering citizens" and "Promoting non-discrimination and equality", implementing the programme Rights, Equality and Citizenship 2014 - 2020; notes however that these appropriations are insufficient to meet the challenges the Union and the Members States are facing in order to respect, promote and facilitate the access to fundamental rights and freedoms of all Union residents;
Amendment 246 #
2014/0402(COD)
Proposal for a directive
Article 7
Article 7
Member States shall ensure that actions for the application of the measures, procedures and remedies provided for in this Directive may be brought within at least one year but not more one year or, in exceptional circumstances which shall be enumerated in the relevant legislation, withain two years after the date on which the applicant became aware, or had reason to become aware, of the last fact giving rise to the action.
Amendment 267 #
2014/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shall also ensure that the competent judicial authorities may, on a duly reasoned application by a party or on own initiative, take specific measures necessary to preserve the confidentiality of any trade secret or alleged trade secret used or referred to in the course of the legal proceedings relating to the unlawful acquisition, use or disclosure of a trade secret. These measures shall be duly justified and communicated by the competent judicial authorities to the litigants.
Amendment 290 #
2014/0402(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) any other precautionary measure they deem appropriate
Amendment 333 #
2014/0402(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that, in legal proceedings instituted for the unlawful acquisition, use or disclosure of a trade secret, the competent judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including publishing it in full or in part in printed and electronic media, including the official webpage of the infringer.
Amendment 90 #
2014/0095(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Live performance artistsArtists and their support staff and high-level sportsmen and women and their support staff, in particular, often experience difficulties in organising tours in the Union. Students, researchers, culture professionals, pensioners, business people, service providers as well as tourists may also wish to stay longer than 90 days in any 180-day period in the Schengen area. The lack of appropriate authorisation leads to a loss of potential visitors and consequently to an economic lossmanagers, employees, traders and craftsmen, service providers as well as tourists and third- country nationals except from the visa requirement may also wish to stay longer than 90 days in any 180-day period in the Schengen area.
Amendment 96 #
2014/0095(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A new type of visa (‘touring visa’) should be established for both visa-exempt and visa-requiring third-country nationals planning to circulate in the territory of two or more Member States for more than 90 days, provided that they do not intend to stay for more than 90 days in any 180-day period in the territory of the same Member State. At the same time, the 90 days per 180 days rule should be maintained as a general dividing line between short stays and long stays, as it does not pose any problems for the vast majority of travellers.
Amendment 108 #
2014/0095(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for private and family life referred to in Article 7otection of personal data referred to in Article 16 of the Treaty on the Functioning of the European Union, the right to private and family life referred to in Article 7 of the Charter of Fundamental Rights of the European Union, protection of personal data referred to in Article 8 of the Charter and the rights of the child referred to in Article 24 of the Charter. Member States shall also respect the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data in gathering and processing data.
Amendment 109 #
2014/0095(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Directive 95/46/EC of the European Parliament and of the Council34 applies to the Member States with regard to the processing of personal data pursuant to this Regulation. Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data shall apply to these institutions for the processing of data within the framework of their activities. __________________ 34 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
Amendment 117 #
2014/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Member State competent for examining and deciding on an application for a touring visa shall be the Member State whose external border the applicant intends to cross in order to enter the territory of the Member States or the first Member State in which the activity is carried out.
Amendment 130 #
2014/0095(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Consulates may waive the requirement to present one or more supporting documents if the applicants work for or are invited by a reliable company, organisation or institution known to the consulate, in particular at managerial level, or as a researcher, student, artist, culture professional, sportsman or a staff member with specialist knowledge, experience and technical expertise and if adequate proof is submitted to the consulate in this regard. The requirement may also be waived for those applicants’ close family members, including the spouse, children under the age of 18 and parents of a child under the age of 18, in case they intend to travel together.
Amendment 92 #
2014/0094(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A smart visa policy should entail continued securitin keeping with human rights and fundamental freedoms should facilitate travel to the Union by third- country nat the external borders whilst ensuring the effective functioning of the Schengen area and facilitating travel opportunities for legitimate travel. The common visa policy should contribute to generating growth and be coherent with other Union policies, such asionals who meet EU entry requirements whilst guaranteeing the free movement of persons and ensuring the effective functioning of the Schengen area and personal safety within the EU. The common visa policy should be coherent with other Union policies, such as freedom of movement and residence in the Member State of choice, external relations, trade, education, culture and tourism.
Amendment 94 #
2014/0094(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The issuing of a visa to a person seeking international protection constitutes a means of allowing such a person to access the territory of the EU and the Member States in a safe manner. When considering consular territorial competence, the admissibility of a visa application or the possibility of issuing a visa with limited territorial validity, consulates should, therefore, pay particular attention to persons seeking international protection. In respect of such persons, Member States should make use of the exceptions provided for in this Regulation on humanitarian grounds or in order to meet their international obligations, in particular the 1951 Convention relating to the Status of Refugees (1951 Geneva Convention) and other relevant European or international instruments.
Amendment 95 #
2014/0094(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) When applying this Regulation, Member States should comply with their respective obligations under international law, in particular the United Nations Convention relating to the Status of Refugees (1951 Geneva Convention), as well as the 1967 New York Protocol, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child and other relevant international instruments.
Amendment 102 #
2014/0094(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It should be presumed that applicants who are registered in VIS and have obtained and lawfully used two visas within the 128 months prior to the application fulfil the entry conditions regarding the risk of irregular immigration and the need to possess sufficient means of subsistence. However, this presumption should be rebuttable where the competent authorities establish that one or more of these conditions are not fulfilled in individual cases.
Amendment 134 #
2014/0094(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) This Regulation respects fundamental rights and observes the rights and principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Regulation seeks to ensure full respect for the right to protection of personal data referred to in Article 16 TFEU, as well as the right to private and family life referred to in Article 7, the right to protection of personal data referred to in Article 8, the right of asylum referred to in Article 18 and the rights of the child referred to in Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 203 #
2014/0094(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall collect biometric identifiers of the applicant comprising a photograph of him and his 10 fingerprints in accordance with the safeguards laid down in the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, in the Charter of Fundamental Rights of the European Unionouncil of Europe’s Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, in the Charter of Fundamental Rights of the European Union, in Article 16 TFEU and the relevant Community legislation on protection of personal data and in the United Nations Convention on the Rights of the Child.
Amendment 204 #
2014/0094(COD)
Proposal for a regulation
Article 12 – paragraph 2 – indent 2
Article 12 – paragraph 2 – indent 2
Amendment 209 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 247 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g a (new)
Article 14 – paragraph 3 – point g a (new)
(ga) persons seeking international protection.
Amendment 297 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Applicants referred to in paragraph 3 who have lawfully used the multiple entry visa valid for three years shall be issued a multiple entry visa valid for five years provided that the application is lodged no later than one yearsix months from the expiry date of the multiple entry visa valid for three years.
Amendment 301 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. A multiple-entry visa valid for up to 5 years may be issued to an applicant who proves the need or justifies the intention to travel frequently and/or regularly provided that the applicant proves his integrity and reliability, in particular the lawful use of previous uniform visas or visas with limited territorial validity, his economic situation in the country of origin and his genuine intention to leave the territory of the Member States before the expiry of the visa for which he has applied.
Amendment 306 #
2014/0094(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point a – introductory part
Article 22 – paragraph 1 – point a – introductory part
(a) when the Member State concerned considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations,to fulfil international obligations, in particular when it is necessary in order to ensure the international protection of the person concerned in accordance with the United Nations Convention relating to the Status of Refugees of 1951 or other relevant Union and international instruments:
Amendment 308 #
2014/0094(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. A visa with limited territorial validity shall be valid for the territory of the issuing Member State. IAt may exceptionally be valid for the territory of more than one Member State, subject to the consent of each such Member State. times of international crisis, and particularly of influxes of applications for international protection from the regions involved, any visa issued by a Member State on humanitarian grounds must be recognised by all the other Member States in order to ensure the safe entry of applicants onto European territory. Member States must, as a matter of course, accord special attention to the circumstances of persons requesting international protection, not least as regards factors such as the presence of family members, social links and cultural links such as language skills, previous stays and previous studies and work experience in a Member State, and should make efforts to enable the free movement of applicants within the Schengen area.
Amendment 323 #
2014/0094(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. A decision on refusal and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex V, within three days at the latest of the decision being adopted.
Amendment 327 #
2014/0094(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Applicants who have been refused a visa shall have the right to appeal. Appeals shall be instituted against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State, including a visa on humanitarian grounds, shall have the right to appeal, including before the courts. Member States shall ensure that their national appeal procedures in visa cases are swift and easily accessible. Appeals shall be instituted against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State. Where a Member State is represented by another Member State in accordance with Article 5 or 39, the represented state is considered as the Member State taking the final decision. In case of a decision overturned after the appeal, the applicant shall be reimbursed any costs incurred as a result of the wrongful decision. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex V.
Amendment 329 #
2014/0094(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The period of validity and/or the duration of stay of an issued visa shall be extended where the competent authority of a Member State considers that a visa holder has provided proof of force majeure or humanitarian or international protection reasons preventing him from leaving the territory of the Member States before the expiry of the period of validity of or the duration of stay authorised by the visa. Such an extension shall be granted free of charge.
Amendment 331 #
2014/0094(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The period of validity and/or the duration of stay of an issued visa may be extended if the visa holder provides proof of serious personal reasons justifying the extension of the period of validity or the duration of stay. A fee of EUR 30 shall be charged for such an extension. Recipients of visas issued on humanitarian or international protection grounds shall be exempt from payment of this fee.
Amendment 338 #
2014/0094(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The duration of such a scheme shall be limited to 5 months in any calendar year and the categories of beneficiaries shall be clearly definedshall be open to any third-country national meeting the conditions set out in Articles 11 to 13 of this Regulation.
Amendment 342 #
2014/0094(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. Three months after the end of the scheme, theeach Member State concerned shall submit a detailed implementation report to the Commission. The report shall contain information on the number of visas issued and refused (including citizenship of the persons concerned); duration of stay, return rate (including citizenship of persons not returning). The Commission shall draw up an annual report which it shall forward to the European Parliament, the Council and the Agency for Fundamental Rights.
Amendment 13 #
2014/0059(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and goldfor natural resources originating in conflict-affected and high- risk areas
Amendment 16 #
2014/0059(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Natural mineral resources in conflict- affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. In these areas, breaking the nexus between conflict and illegal exploitation of mineralnatural resources is critical to peace and stability.
Amendment 18 #
2014/0059(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Disputes over oil, gas, minerals, timber and other natural resources rank second as a source of conflicts worldwide; competition over resources, such as land and water, is on the rise, and exacerbates existing conflicts or triggers new ones; the mismanagement of land and natural resources is compounded by environmental degradation, population growth and climate change.
Amendment 20 #
2014/0059(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Human rights abuses are common within the extractive industry and include child labour, sexual violence, disappearance of people, violation of the right to a clean environment, loss of land and livelihoods without negotiation and without adequate compensation, forced resettlement and the destruction of ritually or culturally significant sites.
Amendment 25 #
2014/0059(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been actively engaged in an Organisation for Economic Co- operation and Development (OECD) initiative to advance the responsible sourcing of minerals from conflict regions, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Due Diligence Guidance5 ) including supplements on tin, tantalum and tungsten, and on gold. In May 2011, the OECD Ministerial Council recommended to actively promote the observance of this Guidance. __________________ 5 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 26 #
2014/0059(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 28 #
2014/0059(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 26 February 2014, the European Parliament adopted a resolution on promoting development through responsible business practices, including the role of extractive industries in developing countries, in which the European Commission is requested to bring forward binding legislation on conflict minerals;
Amendment 29 #
2014/0059(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Union citizens and civil society actors have raised awareness with respect to companies operating under the Union’s jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of mineralnatural resources from conflict regions. The consequence is that such mineralnatural resources, potentially present in consumer products, link consumers to conflicts outside the Union. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD.
Amendment 32 #
2014/0059(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the context of this Regulation, and in line with the OECD Due Diligence Guidance, supply chain due diligence is an on-going, proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they respect human rights and do not contribute to conflict and adverse impacts thereof.
Amendment 34 #
2014/0059(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This Regulation reflects the need for due diligence along the entire supply chain from the sourcing site to the final product, by requiring all companies who first place covered resources—including products that contain those resources—on the European market to conduct and publicly report on their supply chain due diligence. In line with the nature of due diligence, the individual due diligence obligations contained in this Regulation reflect the progressive and flexible nature of due diligence processes, and the need for obligations that are appropriately tailored to enterprises’ individual circumstances. Obligations are tailored to a company’s size, leverage, and position in its supply chain. Certain companies are recognised to have great influence over the due diligence that is conducted along the supply chain in the sourcing countries, due to their position in the supply chain. These actors, commonly referred to as choke points, are subject to more extensive obligations than other enterprises. Due diligence obligations duly reflect this difference. Downstream companies are required to make reasonable and good faith efforts to identify the relevant choke points in their supply chains, and do their best to assess the due diligence of these companies, for instance on the basis of the audited reports of said actors.
Amendment 35 #
2014/0059(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) In accordance with OECD Due Diligence Guidance, companies should take reasonable steps and make good faith efforts to conduct due diligence to identify and prevent or mitigate any risks of adverse impacts associated with the conditions of access to natural resources and the relationship of suppliers operating in conflict-affected or high-risk areas.
Amendment 37 #
2014/0059(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently awaIn accordance with the OECD Due Diligence Guidance it is recognized that due diligence in conflict-affected and high-risk areas presents practical challenges and that flexibility is there for ethically unconcerned. The cost of responsible sourcing and their potential impact on competitiveness notably on SMEs should be monitored by the Commissione needed in the application thereof. The nature and extent of due diligence that is appropriate for an enterprises’ individual circumstances depend on a number of factors, including its size and position in the supply chain, fully taking account of the challenges faced by SMEs.
Amendment 39 #
2014/0059(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Smelters and refiners are an importantrecognised choke points in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral’s origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. A Union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practicestheir respective supply chains with substantial influence over the due diligence that is conducted along the supply chain in the sourcing countries. A Union list of responsible choke-point actors could therefore provide transparency and certainty to companies in the downstream with a view to carrying out supply chain due diligence practices. Consistently with OECD Due Diligence Guidance, choke-point actors should undergo independent third-party audit of their supply chain due diligence practices, also with a view to being included in the list of responsible actors. Choke point actors based outside the Union should also have a possibility for being included in the list to ensure its global scope.
Amendment 44 #
2014/0059(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance ofwith the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligationobligation of operators to carry out due diligence by carrying out appropriate ex-post checks. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 46 #
2014/0059(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) With a view to enhancing the effective implementation of this Regulation, and addressing development needs directly linked to the exploitation of natural resources originating in conflict- affected and high-risk areas, accompanying measures should be implemented. The Commission and the European External Action Service should apply and further develop an integrated Union approach to responsible sourcing as initiated in the Joint Communication of 5 March 2014 to the European Parliament and the Council ‘Responsible sourcing of minerals originating in conflict-affected and high-risk areas. Towards an integrated EU approach’1a. In particular, the promotion of responsible sourcing of natural resources originating from conflict-affected and high-risk areas and the establishment of national and international due diligence frameworks for responsible sourcing should be integrated into internal and external policies and in particular into political and policy dialogues with partner countries, local authorities and private stakeholders. Particular attention should be given to addressing the contribution and challenges of the artisanal and informal mining sector for local livelihoods and sustainable development. _______________ 1a JOIN(2014) 8 final.
Amendment 47 #
2014/0059(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the list of responsible smelters and refiners and the list of Member State competent authorities should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)amend Annex I and Annex II to this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 290 TFEU, following the provisions laid down in this Regulation.
Amendment 50 #
2014/0059(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should report regularly to the Council and the European Parliament on the effects of the scheme. No later than three years after entering into force and every six years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high-risk areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures,.
Amendment 55 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets up a Union system for supply chain due diligence self- certification in order to curtail opportunities for armed groups and security forces12 to trade in tin, tantalum and tungsten, their ores, and gold. It is designed to provide transparency and certainty as regards the supply practices of importers, smelters and refiners sourcing from conflict-affected and high- risk areas. __________________ 12‘Armed groups and security forces’ as defined in Annex II of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.designed to:
Amendment 57 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a (new)
Article 1 – paragraph 1 – point a (new)
(a) increase certainty and transparency as regards the supply practices of companies sourcing from conflict-affected and high- risk areas,
Amendment 58 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b (new)
Article 1 – paragraph 1 – point b (new)
(b) curtail opportunities for the sourcing, transport and trade of natural resources to fund conflict and/or fuel human rights violations or abuses,
Amendment 59 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c (new)
Article 1 – paragraph 1 – point c (new)
(c) help companies respect human rights and avoid contributing to conflict through their activities and sourcing decisions.
Amendment 60 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 65 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
Amendment 66 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) ‘OECD Due Diligence Guidance’ means the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013))1a including all Council Recommendations, Annexes and Supplements, as may be amended or replaced periodically; _________________ 1a OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013), http://dx.doi.org/10.1787/9789264185050- en.
Amendment 67 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a b (new)
Article 2 – point a b (new)
(ab) ‘covered resources’ means all natural resources as set out in Annex I, as may be amended periodically in accordance with this Regulation;
Amendment 68 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a c (new)
Article 2 – point a c (new)
Amendment 69 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a d (new)
Article 2 – point a d (new)
(ad) ‘recycled resources’ means reclaimed end-user or post-consumer products, or scrap processed resources created during product manufacturing, including excess, obsolete, defective, and scrap materials which contain refined or processed resources that are appropriate to recycle in the production of any material. Minerals partially processed, unprocessed or a bi-product from another ore are not recycled resources;
Amendment 70 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a e (new)
Article 2 – point a e (new)
(ae) ‘operator’ means any natural or legal person that places any covered product on the market for the first time;
Amendment 71 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a f (new)
Article 2 – point a f (new)
(af) ‘placing on the market’ means the supply by any means, irrespective of the selling technique used, of products for the first time on the internal market for distribution or use in the course of commercial activity whether in return for payment or free of charge, including the supply by means of distance communication as defined in Directive 97/7/EC1a. ‘Placing on the market’ also includes the supply on the internal market of products derived from covered products already placed on the internal market. ________________ 1a Directive97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19).
Amendment 72 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
Amendment 74 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) ‘mineralresources supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in moving and processing the mineralresources from the extractionsourcing site to their incorporation in the final product;
Amendment 75 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point c a (new)
Article 2 – point c a (new)
(ca) ‘supply chain due diligence’ refers to the obligations of operators in relation to their management systems, risk management, third-party audits and disclosure of information with a view to identifying, addressing and publicly reporting on actual and potential risks linked to conflict-affected and high-risk areas to prevent or mitigate adverse impacts associated with their sourcing activities;
Amendment 77 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point c b (new)
Article 2 – point c b (new)
(cb) ‘model supply chain policy’ means the model supply chain policy in Annex II of the OECD Due Diligence Guidance;
Amendment 78 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) ‘chain of custody or supply chain traceability system’ means a system to identify and record of the sequence of entities which have custody of minerals and metalresources as they move through athe supply chain;
Amendment 79 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) ‘risk management plan’ means an operator’s written responses to the supply chain risks identified under Article 5 in accordance with its supply chain policy;
Amendment 81 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘conflict-affected and high-risk areas’ means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abuses; dentified by the presence of armed conflict, widespread violence or other risks of harm to people and, for these purposes, it is recognized that: (i) armed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars; and (ii) high--risk areas may include areas of political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence, both of which areas are often characterized by widespread human rights abuses and violations of national or international law;
Amendment 83 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point f
Article 2 – point f
Amendment 86 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point g
Article 2 – point g
Amendment 88 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point h
Article 2 – point h
Amendment 90 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point i
Article 2 – point i
Amendment 92 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j
Article 2 – point j
(j) ‘grievance mechanism’ means an early- warning risk awareness mechanism allowing any interested party or whistle- blower to voice concerns regarding the circumstances of mineral extractionresource sourcing, trade, handling and export in respect of resources originating in conflict-affected and high-risk areas;
Amendment 93 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j a (new)
Article 2 – point j a (new)
(ja) ‘Annex II operator’ refers to any operator of the type identified in Annex II;
Amendment 94 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j b (new)
Article 2 – point j b (new)
(jb) ‘Annex II actor’ refers to any natural or legal person of the type identified in Annex II;
Amendment 95 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j c (new)
Article 2 – point j c (new)
(jc) ‘responsible Annex II actor’ refers to any Annex II actor that complies with this Regulation or the OECD Due Diligence Guidance and has submitted audited reports as set out in Article 6 to a Member State authority in accordance with Article 7 (3) or 7 (7);
Amendment 96 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j d (new)
Article 2 – point j d (new)
(jd) ‘business confidentiality and other competitiveness concerns’ means price information and supplier relationships without prejudice to subsequent evolving interpretation.
Amendment 97 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point k
Article 2 – point k
Amendment 98 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point l
Article 2 – point l
Amendment 99 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point n
Article 2 – point n
Amendment 104 #
2014/0059(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 107 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any importer of minerals or metals within the scope of the Regulation may self-certify as responsible importer by declaring to a Member State competent authority that it adheres to the supply chain due diligence obligations set out in this Regulation. The declaration shall contain documentation in which the importer confirms its adherence to the obligIn accordance with the OECD Due Diligence Guidance, operators shall take all reasonable steps and make good faith efforts to conduct their due diligence obligations pursuant to Article 4 and 5. Each operator shall ensure that they make progressive, measurable and timely improvement in complying with its obligations. The nature and extent of specific due diligence that is appropriate depends on individual circumstances and is affected by factors such as an operator’s position in the supply chain, the size of the operator, the location of the operator’s activities, the situations including results of the independent third-party audits carried out a particular country, the sector and nature of the products or services involved.
Amendment 109 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 113 #
2014/0059(COD)
Proposal for a regulation
Article 4 – introductory part
Article 4 – introductory part
Amendment 115 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point a
Article 4 – point a
(a) adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metalcovered resources potentially originating from conflict- affected and high-risk areas,
Amendment 117 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point b
Article 4 – point b
(b) incorporate in its supply chain policy the standards against which supply chain due diligence is to be conducted consistent with the standards set forth in the model supply chain policy in Annex II to the OECD Due Diligence Guidance,
Amendment 118 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point c
Article 4 – point c
(c) structure its internal management systems to support supply chain due diligence, inter alia, by assigning responsibility to senior staff to oversee the supply chain due diligence process as well as maintain records for a minimum of 5 years,
Amendment 119 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point c a (new)
Article 4 – point c a (new)
(ca) establish a system of controls and transparency over the resources supply chain, including the identification of Annex II actors in the supply chain, which may be implemented through participation in industry-driven programmes,
Amendment 120 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point d
Article 4 – point d
(d) strengthen its engagement with suppliers, inter alia, by incorporating its supply chain policy into contracts and agreements with suppliers consistent with Annex II to the OECD Due Diligence Guidancethe model supply chain policy,
Amendment 121 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point e
Article 4 – point e
(e) establish a company-level, or industry- wide, grievance mechanism as an early- warning risk- awareness system or provide such mechanism through collaborative arrangements with other companies or organisations, or by facilitating recourse to an external expert or body (e.g. ombudsman),
Amendment 122 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point f
Article 4 – point f
Amendment 123 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point g
Article 4 – point g
Amendment 127 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In addition to the obligations set out in paragraph 1, Annex II type operators, shall operate a chain of custody or supply chain traceability system that provides, supported by documentation, the following information: (i) description of the resource including its trade name and type, (ii) name and address of the supplier to the Annex II actors, (iii) country of origin of the resource, (iv) quantities and dates of extraction, expressed in volume or weight, (v) when resources originate from conflict-affected and high-risk areas, additional information, such as extraction site; locations where resources are consolidated, traded and processed; and taxes, fees, royalties paid, in accordance with the OECD Due Diligence Guidance.
Amendment 128 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
Where an operator can reasonably conclude that covered products are derived only from recycled resources, it shall: (a) publicly disclose their determination; and (b) describe in reasonable detail the due diligence measures they exercised in making that determination.
Amendment 129 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The responsible importer of the minerals or metals within the scope of this Regulation shallEach operator shall, in accordance with the OECD Due Diligence Guidance, identify and assess the risks in its resources supply chain in accordance with Article 4, and:
Amendment 130 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 132 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) reporting findings of the supply chain risk assessment to its designated senior management of the operator,
Amendment 133 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) devising and adopting a risk management measures consistent with Annex II and the due diligence recommendations of the OECD Due Diligence Guidanceplan, considering its ability to influence, and where necessary take steps to put pressurbuild leverage on suppliers who can most effectively prevent or mitigate the identified risk, by making it possible either to:
Amendment 134 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 135 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If a responsible importen Annex II operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall, in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 136 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A responsible importeEach Annex II operator shall, in order to design conflict and high-risk sensitive strategies for mitigation in the risk management plan, relydraw on the measures and indicators under Annex III of the OECD Due Diligence Guidance and measure progressive improvement in accordance with the OECD Due Diligence Guidance.
Amendment 137 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. If an operator other than an Annex II operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade it shall, as appropriate and in accordance with the OECD Due Diligence Guidance, consult suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 138 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 139 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 140 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) include in the audit scope all of the responsible importeoperator’s activities, processes and systems used to implement supply chain due diligence regarding minerals or metals within the scope of the Regulation, including the responsible importecovered resources, including the operator’s management system, risk management, and disclosure of information,
Amendment 141 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) determine as the objective of the audit the conformity of the responsible importeoperator’s supply chain due diligence practices with Articles 4, 5 and 7 of this Regulation,
Amendment 142 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) respect the audit principles of independence, competence and accountability and any applicable audit scope, criteria and activities, as set out in the OECD Due Diligence Guidance.
Amendment 143 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
All operators may cooperate through their industry organizations to ensure that the independent third-party audit is carried out in accordance with the second paragraph.
Amendment 144 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. By 31 March of each year at the latest, the responsible importer of minerals or metals within the scope of this Regulation all operators shall submit to the Member State competent authority the following documentation covering the previous year’s calendar period:
Amendment 145 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 146 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 31 March of each year at the latest, the responsible importer of minerals wioperators other thian the scope of this RegulationAnnex II operators shall also submit to the Member State competent authority the documentation covering the previous year’s calendar period as regards the proportion of minerals originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased, as confirmed by independent third-party audits in accordance with Article 6 of this Regulation.management reports containing the following documentation covering the previous year’s calendar period:
Amendment 147 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a (new)
Article 7 – paragraph 2 – point a (new)
(a) the operator’s supply chain due diligence policy, including the operator’s management structure responsible for its due diligence and the person directly responsible,
Amendment 148 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b (new)
Article 7 – paragraph 2 – point b (new)
(b) the operator’s system of control and transparency over the resources supply chain, including the steps taken to identify upstream actors in the supply chain and to assess their due diligence practices,
Amendment 149 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c (new)
Article 7 – paragraph 2 – point c (new)
(c) name and address of each of the Annex II actors in its supply chain, as identified by the operator in accordance with Article 4 and 5,
Amendment 150 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d (new)
Article 7 – paragraph 2 – point d (new)
(d) independent third-party audits regarding each of the Annex II actors in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of the Regulation, as identified by the operator in accordance with Article 4 and 5,
Amendment 151 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e (new)
Article 7 – paragraph 2 – point e (new)
(e) potential or actual risks identified by the operator and action taken by the operator to manage risks during the reporting period in accordance with Article 5,
Amendment 152 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f (new)
Article 7 – paragraph 2 – point f (new)
(f) action taken by the operator to strengthen its due diligence efforts during the reporting period.
Amendment 153 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. By 31 March of each year at the latest, the responsible importer of metals within the scope of this RegulationAnnex II type operators shall also submit to the Member State competent authority the following documentation covering the previous year’s calendar period:
Amendment 154 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
Amendment 156 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) independent third-party audits regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope, objective and principles set out incarried out in accordance with Article 6 of theis Regulation,; and
Amendment 158 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) information on the proportion of mineralcovered resources originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased by each of those smelters or refinerscovered resources purchased, as confirmed by the independent third-party audits in accordance with Article 6 of this Regulation.
Amendment 159 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The responsible importer of minerals or metals within the scope of this RegulationOperators shall make available to itstheir immediate downstream purchasers all information gained and maintained pursuant to its supply chain due diligence with due regard to business confidentiality and other competitive concerns, in accordance with the OECD Guidance.
Amendment 160 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The responsible importer of minerals or metalsOperators shall publicly disclose in accordance within the scope of this Regulation shall publicly reportOECD Due Diligence Guidance and as widely as possible, including on the internet and on an annual basis on its supply chain due diligence policies and practices for responsible sourcing. The report shall contain the steps taken by the responsible importeoperator to implement the obligations as regards its management system, risk management set out in Article 4 and 5 respectively, as well as a summary report of the third-party audits, including the name of the auditorny independent third-party audits of responsible Annex II actors in the operators’ supply chain, with due regard to business confidentiality and other competitive concerns.
Amendment 161 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Responsible Annex II actors outside the territory of the Union may, for the purpose of being included in a Member State competent authority’s reports under Article 15(1) and the list referred to in Article 8, submit to that authority: (a) documentation in accordance with paragraphs 1 and 3 above, and (b) a written declaration of conformity with the OECD Due Diligence Guidance, also containing its name, address, full contact details and a description of its commercial activities.
Amendment 162 #
2014/0059(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
List of responsible smelters and refineAnnex II actors
Amendment 164 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this RegulationAnnex II actors.
Amendment 167 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refineAnnex II actors that source – at least partially – from conflict- affected and high-risk areas.
Amendment 169 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall adopt the list in accordance with the template in Annex II and the regulatory procedure referred to in Article 13(2)I. The OECD Secretariat shall be consulted.
Amendment 170 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall update the information included in the list in a timely manner but not less than every six months. The Commission shall remove from the list the names of the smelters and refineAnnex II actors that are no longer recognised as responsible importeAnnex II actors by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers.
Amendment 176 #
2014/0059(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make a decision to publish, including on the internet, a list of competent authorities in accordance with the template in Annex III and the regulatory procedure referred to in paragraph 2 of Article 13V. The Commission shall update the list regularly.
Amendment 178 #
2014/0059(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Ex-post checks on responsible importeoperators
Amendment 179 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certified responsible importers of minerals and metalthat operators within scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7.
Amendment 180 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The checks referred to in paragraph 1 shall be conducted by taking a risk-based approach. In addition, checks may be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importen operator with this Regulation.
Amendment 181 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) examination of the responsible importeoperator’s implementation of supply chain due diligence obligations including the management system, risk management, independent third-party audit and disclosure,
Amendment 182 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(ca) examination of the reporting requirements in accordance with the scope, objective and principles set out in Article 7,
Amendment 183 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Responsible importeOperators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation and records.
Amendment 184 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The competent authorities of the Member States shall publish a report detailing the full findings of any ex-post checks, together with a reasonable explanation for making those findings and any documentation on which the competent authority based its findings.
Amendment 185 #
2014/0059(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Records of checks on responsible importeoperators
Amendment 187 #
Amendment 188 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 189 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. WThere reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 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 a simple majority of committee members so request power to adopt delegated acts referred to in the relevant Articles shall be conferred to the Commission for an indeterminate period of time from the date that this Regulation enters into force.
Amendment 190 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 191 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The delegation of powers referred to in the relevant Articles may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 192 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 193 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 c (new)
Article 13 – paragraph 2 c (new)
2c. A delegated act adopted pursuant to the relevant Articles shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 194 #
2014/0059(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Amending Annex I and Annex II 1. The Commission shall regularly review developments with regard to the contribution of global trade in natural resources to conflict and human rights abuses and violations in conflict-affected and high-risk areas, the development of international responsible sourcing standards and the experience gained in the implementation of this Regulation. In the course of the review, the Commission shall take into account, in particular, the information obtained by the Commission under and for the purposes of Article 15 and information provided by international or civil society organisations and affected third parties. 2. The Commission shall regularly review the scope of Annex I and II, in the light of the information obtained pursuant to paragraph 1 so as to achieve effectively the purpose of this Regulation, as stated in Article 1. Annex I shall be reviewed with a view to expanding the list of covered resources. Annex II shall be reviewed with a view to identifying additional choke points of transformation and traceability in covered resources supply chains with a view to strengthening supply chain due diligence with regard to all Annex I resources. Such a review shall take place not less than every 6 months. 3. The Commission may adopt delegated acts in order to expand the list of covered resources as stated in paragraph 2. 4. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 5. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 5. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in this Article. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.
Amendment 197 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In case of an infringement of the provisions of this Regulation, the competent authorities of Member States shall issue a notice of remedial action to be taken by the responsible importeoperator.
Amendment 199 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In case of inadequate remedial action by the responsible importeoperator, the competent authority shall issue to the importeoperator a notice of non-recognition of its responsible importer certificate as regards the minerals or metals within the scope of this Regulation compliance and inform the Commission.
Amendment 203 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall submit to the Commission by 30 June of each year at the latest, a report on the implementation of this Regulation during the previous calendar year, including any information on responsible importersAnnex II actors, as set out in Article 7(1) (a), 7.2 and 7.3 (a) and (c(3) (a)-(b) and 7(7) (a).
Amendment 206 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Three years after the entry into force of this Regulation and every six years thereafter, the Commission shall review the functioning and effectiveness of this Regulation, including on the promotion and cost of responsible sourcing of the mineralresources within its scope from conflict- affected and high-risk areas. The Commission shall submit a review report to the European Parliament and to the Council.
Amendment 209 #
2014/0059(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Accompanying measures 1. In order to effectively break the link between the exploitation of natural resources and conflict and to ensure their responsible sourcing, the Commission and the External Action Service shall implement accompanying measures to this Regulation aimed at the enhancement of responsible sourcing, the effective establishment of national and international due diligence frameworks and related support systems, including reliable certification and traceability systems, and the addressing of development needs linked to (a) the exploitation and trade in natural resources originating from conflict- affected and high-risk areas and (b) the implementation of this Regulation, including: (i) support to companies to responsibly source from conflict-affected and high risk areas providing technical and other assistance and guidance to operators, taking into account the situation of small and medium-sized enterprises and their position in the supply chain, in order to facilitate compliance with the requirements of this Regulation. (ii) targeted, rights-based development cooperation, particularly addressing the challenges of implementing responsible sourcing in the local context of conflict- affected and high risk areas, including poverty reduction, good governance and the security sector; (iii) meaningful policy dialogues on responsible sourcing with third countries and other stakeholders; (iv) close cooperation with the Member States, in particular complementary initiatives in the area of consumer, investor and customer information and when providing technical and other assistance in accordance with point (i). 2. The European Commission and the European External Action Service shall, as appropriate, implement the objectives of accompanying measures through political and policy dialogues, programming, and relevant internal and external policies. Where appropriate, legislative proposals should be presented to the European Parliament and the Council. 3. The European Commission shall present to the European Parliament and to the Council an annual report of the accompanying measures implemented pursuant to this Article and their impact and effectiveness.
Amendment 212 #
2014/0059(COD)
Proposal for a regulation
Annex I -- title
Annex I -- title
List of minerals and metalresources within the scope of the Regulation classified under the Combined Nomenclature
Amendment 213 #
2014/0059(COD)
Proposal for a regulation
Annex I -- table
Annex I -- table
Amendment 214 #
2014/0059(COD)
Proposal for a regulation
Annex Ia (new)
Annex Ia (new)
Annex Ia List of choke points identified in the supply chains of covered resources -‘smelters’ -‘refiners’
Amendment 215 #
2014/0059(COD)
Proposal for a regulation
Annex II -- title
Annex II -- title
List of responsible smelters and refiners’ template referred to in Article 8Annex Ia actors
Amendment 216 #
2014/0059(COD)
Proposal for a regulation
Annex II
Annex II
Column A: Name of smelters or refinersAnnex Ia actor in alphabetical order Column B: Address of the smelter or refineAnnex Ia actor Column C: Annex Ia category of the actor Column CD: (*) indicator, if the smelter or refiner sources mineralAnnex Ia actor engages in responsible sourcing of resources originating from conflict- affected and high -risk areas
Amendment 217 #
Amendment 29 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 105,000 at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta jure imperii).
Amendment 43 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 3 – point f
Article 2 – paragraph 3 – point f
(f) employment law; in particular collective agreements.
Amendment 55 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
2. A party shall always be entitled to either appear before the court or tribunal and be heard in person if that party so requestsunder the procedure set out in paragraph 1 or appear in person before the court or tribunal and be heard, if that party so requests, in a manner that must be specified in the request.
Amendment 62 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 861/2007
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Member States shall ensure that the parties can receive practical assistance in filling in the forms. Such assistance shall be provided free of charge and shall in particular be available for determining whether the procedure may be used to resolve the dispute concerned and for determining the court with jurisdiction, for calculating interest due and for identifying the documents which need to be attached.
Amendment 63 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 861/2007
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall also mutually share and provide information about legal experts who provide international legal assistance and guidance concerning how to find and contact them.
Amendment 65 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
1. The documents mentioned in Article 5(2) and 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. Documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically. Service by electronic means can be attested by an automatic confirmation of delivery. The special registry of the court or tribunal that issued the decision shall serve all types of document and be solely responsible for confirming delivery to the defendant.
Amendment 77 #
2013/0403(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 861/2007
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) it is not proven that the defendant was not served with the claim form, or he was not served with it in sufficient time and in such a way as to enable him to arrange for his defence; or
Amendment 78 #
2013/0403(COD)
Proposal for a regulation
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 861/2007
Article 18 – paragraph 1 – point b a (new)
Article 18 – paragraph 1 – point b a (new)
(ba) it is not proven that the defendant was served with a summons to attend a hearing, or the hearing of the defendant was prevented for reasons of force majeure or by exceptional circumstances from taking place.
Amendment 81 #
2013/0403(COD)
Proposal for a regulation
Article 2
Article 2
Regulation (EC) No 1896/2006
Article 17 – paragraph 1 – first subparagraph – point a
Article 17 – paragraph 1 – first subparagraph – point a
(a) any applicable simplified procedure, in particular the procedure laid down in Regulation (EC) No 861/2007; or if the dispute is amenable to the simplified procedure;
Amendment 82 #
2013/0403(COD)
Proposal for a regulation
Article 2
Article 2
Regulation (EC) No 1896/2006
Article 17 – paragraph 1 – first subparagraph – point b
Article 17 – paragraph 1 – first subparagraph – point b
(b) the ordinary civil procedure in all other cases.
Amendment 42 #
2013/0402(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co-created knowledge. Trade secrets have an important role in protecting the exchange of knowledge between businesses, they mean a significant protection especially for SMEs within and across the borders of the internal market in the context of research and development and innovation. Collaborative research, including cross- border cooperation, is particularly important to increase the levels of business research and development within the internal market. Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. In an internal market where barriers to such cross-border collaboration are minimised and where cooperation is not distorted, intellectual creation and innovation should encourage investment in innovative processes, services and products. Such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the Union economy. Trade secrets are amongst the most used form of protection of intellectual creation and innovative know-how by businesses, yet they are at the same time the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by third parties.
Amendment 119 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by:
Amendment 137 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, intentionally or with gross negligence, by a person who is found to meet any of the following conditions:
Amendment 54 #
2013/0256(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The evaluation of Council Decision 2002/187/JHA and the activities carried out by Eurojust (final report of 30 June 2015) should also be taken into account.
Amendment 55 #
2013/0256(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation fully respects the fundamental rights and observefreedoms and fully safeguards the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
Amendment 56 #
2013/0256(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The forms of serious crime affecting two or more Member States for which Eurojust is competent should be clearly laid down. In addition, cases which do not involve two or more Member States, but which require a prosecution on common bases, should be defined. Such cases should include investigations and prosecutions affecting only one Member State and a third State, as well as cases affecting only one Member State and the Union.
Amendment 59 #
2013/0256(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure Eurojust can appropriately support and coordinate cross- border investigations, it is necessary that all national members have the same operational powers in order to cooperate between themselves and with national authorities in a more coherent and effective way. National members should be granted those powers that allow Eurojust to appropriately achieve its mission. These powers should include accessing relevant information in national public registers, issuing and executing mutual assistance and recognition requests, directly contacting and exchanging information with competent authorities, participating in joint investigation teams and, in agreement with the competent national authority or in case of urgency, ordering investigative measures and controlled deliveries.
Amendment 60 #
2013/0256(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively and fully respects the principles applicable to Union agencies, as well as the fundamental rights and freedoms, whilst maintaining Eurojust's special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.
Amendment 61 #
2013/0256(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The strategic clarity of Eurojust on policy and operational work should be reinforced by prioritizing a limited number of high added-value strategic priorities and mobilising Eurojust resources around those priorities. Provisions should be laid down to clearly distinguish between the operational and the management functions of the College, reducing the administrative burden on national members to the minimum so that the focus is put on Eurojust's operational work. The management tasks of the College should include in particular the adoption of Eurojust's work programmes, budget, annual activity report, appropriate financial rules, and working arrangements with partners. It should exercise the power of appointing authority towards staff of the agency including the Administrative Director.
Amendment 62 #
2013/0256(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Eurojust should streamline the work of the College Teams / Task Forces and Working Groups, clarifying their mandate and objectives and ensuring that their work is focused on the priorities adopted by Eurojust.
Amendment 63 #
2013/0256(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) The adoption of streamlined operational procedures at National Desks should be promoted, in order to be able to provide a more homogenous support by the Administration. More efforts should be made to more clearly define needs related to operational and policy work.
Amendment 66 #
2013/0256(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) When Eurojust transfers personal data to an authority of a third country or to an international organisation or Interpol by virtue of an international agreement concluded pursuant to Article 218 of the Treaty the adequate safeguards adduced with respect to the protection of privacy and fundamental rights and freedoms of individuals have to ensure that the data protection provisions of this Regulation are fully complied with.
Amendment 73 #
2013/0256(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Eurojust should be able to exchange personal data with other Union bodies to the extent necessary for the accomplishment of its tasks with full respect for the protection of privacy and fundamental rights and freedoms.
Amendment 80 #
2013/0256(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Eurojust shall exercise its tasks at the request of the competent authorities of the Member States, of the European Prosecutor's Office, of OLAF or on its own initiative.
Amendment 86 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust's competence shall cover the forms of crime listed in Annex 1. However, iIts competence shall notalso include the crimes for which the European Public Prosecutor's Office is competent.
Amendment 98 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. In the exercise of its tasks, Eurojust may ask the competent authorities of the Member States concerned, giving in due time its reasons, to:
Amendment 100 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall issue within a short time a written opinion on the case. The opinion shall be promptly forwarded to the Member States concerned.
Amendment 103 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority Eurojust shall issue within a short time a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptly forwarded to the Member States concerned.
Amendment 110 #
2013/0256(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
The national members shall have free and unhindered access to, or at least be able to obtain the information contained in, the following types of registers of their Member State, in accordance with national law:
Amendment 118 #
2013/0256(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The European Public Prosecutor shall receive the agendas of all College meetings and shall be entitled to participate in such meetings, without the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.
Amendment 121 #
2013/0256(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By [30 November each year] the College shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Administrative Director, taking into account, where appropriate, the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.
Amendment 122 #
2013/0256(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a clear description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate which tasks have been added, changed or deleted in comparison with the previous financial year.
Amendment 124 #
2013/0256(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Executive Board shall be composed of the President and Vice- Presidents of the College, one representative of the Commission and one other member of the College. The President of the College shall be the Chairperson of the Executive Board. The Executive Board shall take its decisions by a majority of its members, each member having one vote. The Administrative Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 128 #
2013/0256(COD)
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. The European Public Prosecutor shall receive the agendas of all Executive Board meetings and shall be free to participate in such meetings, without the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.
Amendment 132 #
2013/0256(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 135 #
2013/0256(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The College, acting on a proposal from the Commission which takes taking into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than five years.
Amendment 138 #
2013/0256(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The Administrative Director may be removed from the office only upon a decision of the College acting on a proposal from the Commission.
Amendment 143 #
2013/0256(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The On-Call Coordination representatives shall act efficiently, without delay, in relation to the execution of the request in their Member State.
Amendment 144 #
2013/0256(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The competent authorities of the Member States shall properly exchange with Eurojust, without undue delay, any information necessary for the performance of its tasks in accordance with Articles 2 and 4 as well as with the rules on data protection set out in this Regulation. This shall at least include the information referred to in paragraphs 5, 6 and 7.
Amendment 146 #
2013/0256(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Eurojust shall provide without undue delay competent national authorities with information on the results of the processing of information, including the existence of links with cases already stored in the Case Management System. This information may include personal data.
Amendment 152 #
2013/0256(COD)
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
8. The provisions on access to the Case Management System and the temporary work files shall apply mutatis mutandis to the European Public Prosecutor's Office. However, the information entered into the Case Management System, temporary work files and the index by the European Public Prosecutor's Office shall not be available for access at the national level.
Amendment 153 #
2013/0256(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Eurojust may process only the personal data listed in point 2 of Annex 2, on persons who, under the national legislation of the Member States concerned, are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in Article 3, or persons under the age of 18. The processing of such personal data may only take place if it is strictly necessary for the achievement of the expressly stated task of Eurojust, within the framework of its competence and in order to carry out its operational functions. The protection of privacy, as well as the fundamental rights and freedoms shall be fully respected.
Amendment 57 #
2011/0901B(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In September 2016, first instance jurisdiction in UnionAcknowledging the importance and the specificity of civil serviceant cases, and the seven posts of the Judges sitting atlegal theory of lex specialis, the European Union Civil Service Tribunal, should be transferred to the General Court, on the basis of a future legislative request by the Court of Justicemaintained.
Amendment 65 #
2011/0901B(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In September 2019, the remaining nine additional Judges should take office. In order to ensure cost effectiveness, this should not entail the recruitment of additional legal secretaries or other support staff. Internal re-organisation measures within the institution should ensure that efficient useAcknowledging the important role of legal secretaries and of the staff of the Tribunal and of the Court, the reorganisation of the staff should be a made of existing human resourcestter of study.
Amendment 76 #
2011/0901B(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Considering the lack of confidence of EU citizens in the EU, a general reorganisation of the procedure of appointment of judges should be put forward with a view to achieving more transparency.