Activities of Helga STEVENS
Plenary speeches (202)
Coordination of social security systems (A8-0386/2018 - Guillaume Balas) (vote)
Coordination of social security systems (debate) NL
European Border and Coast Guard (debate) NL
Visa Code (debate) NL
Work-life balance for parents and carers (debate) (debate) NL
Strengthening the security of identity cards and of residence documents issued to Union citizens (debate) NL
Interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration - Interoperability between EU information systems in the field of borders and visa (debate) NL
Accessibility requirements for products and services (debate) NL
Visa Information System (debate) NL
Internal Security Fund (debate) NL
Exchange of information on third country nationals and European Criminal Records Information System (ECRIS) - Centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (ECRIS-TCN) (debate) NL
The rights of intersex people (debate) NL
Implementation of the Treaty provisions related to EU Citizenship - Implementation of the Treaty provisions concerning enhanced cooperation - Implementation of the Treaty provisions on Parliament’s power of political control over the Commission - Implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework (debate) NL
Situation of fundamental rights in the European Union in 2017 (debate) NL
Reform of the EU asylum and migration policy in light of the continued humanitarian crisis in the Mediterranean and Africa (debate) NL
Presentation of the programme of activities of the Romanian Presidency (debate) NL
Activities of the European Ombudsman in 2017 (debate) NL
Deliberations of the Committee on Petitions 2017 (debate) NL
Findings and recommendations of the Special Committee on Terrorism (debate) NL
Findings and recommendations of the Special Committee on Terrorism (debate) NL
The situation of women with disabilities (debate) NL
The use of Facebook users’ data by Cambridge Analytica and the impact on data protection (debate) NL
Establishment, operation and use of the Schengen Information System in the field of border checks - Establishment, operation and use of the Schengen Information System in the field of police cooperation and judicial cooperation in criminal matters - Use of the Schengen Information System for the return of illegally staying third-country nationals (debate) NL
Mutual recognition of freezing and confiscation orders (debate) NL
Humanitarian emergency in the Mediterranean: supporting local and regional authorities (debate) NL
Preparation of the European Council meeting of 18 and 19 October 2018 (debate) NL
Language equality in the digital age (short presentation) NL
Participation of persons with disabilities in the European elections (debate) NL
European Travel Information and Authorisation System (ETIAS) - European Travel Information and Authorisation System (ETIAS): Europol tasks (debate) NL
Adequacy of the protection afforded by the EU-US Privacy Shield (debate) NL
The adverse effects of the US Foreign Account Tax Compliance Act on EU citizens (debate) NL
Guidelines for Member States to prevent humanitarian assistance being criminalised (debate) NL
First anniversary after the signature of the Istanbul Convention: state of play (debate) NL
Annual Report on the functioning of the Schengen area (debate) NL
Minimum standards on the rights, support and protection of victims of crime (debate) NL
Debate with the Prime Minister of Belgium, Charles Michel, on the Future of Europe (debate) NL
Cambridge Analytica and Facebook: Data protection and citizen's privacy as a line of defence against election manipulation (debate) NL
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing (debate) NL
A European values instrument to support civil society organisations which promote democracy, rule of law and fundamental values within the European Union (debate) NL
Progress on UN Global compacts for safe, orderly and regular migration and on refugees (debate) NL
International co-operation in the fight against cybercrime - the threat to public services (topical debate) NL
Preparation of the European Council meeting of 22 and 23 March 2018 (debate) NL
Establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) (A8-0018/2018 - Daniel Dalton) (vote)
Threats to the rule of law by the Romanian justice system reform (debate) NL
Implementation of the Youth Employment Initiative in the Member States (debate) NL
Marrakesh Treaty: facilitating the access to published works for persons who are blind, visually impaired, or otherwise print disabled (debate) NL
Conclusions of the European Council meeting of 14 and 15 December 2017 (debate) NL
Enlargement and strengthening of the Schengen area: Bulgaria, Romania and Croatia (topical debate) NL
Implementation of the Social Pillar (debate) NL
Implementation of the directive on combating the sexual abuse and sexual exploitation of children and child pornography (debate) NL
EU-Kazakhstan Enhanced Partnership and Cooperation Agreement (Resolution) - EU-Kazakhstan Enhanced Partnership and Cooperation Agreement (Consent) (debate) NL
Implementation of the European Disability Strategy (debate) NL
Implementation of the European Disability Strategy (continuation of debate) NL
Combating inequalities as a lever to boost job creation and growth (debate) NL
Establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the EU external borders - Amendment of the Schengen Borders Code as regards the use of the Entry/Exit System (debate) NL
The fight against illegal immigration and people smuggling in the Mediterranean (topical debate) NL
Criminal acts and penalties in the field of illicit drug trafficking - Information exchange on, and an early warning system and risk assessment procedure for, new psychoactive substances I (debate) NL
Enhanced cooperation: European Public Prosecutor's Office (debate) NL
Safety rules and standards for passenger ships - Registration of persons sailing on board passenger ships operating to or from ports of the Member States - System of inspections for the safe operation of ro-ro ferry and high-speed passenger craft in regular service (debate) NL
Accessibility requirements for products and services (debate) NL
EU accession to the Council of Europe Convention on preventing and combating violence against women and domestic violence (debate) NL
Permitted uses of certain works and other protected subject-matter for the benefit of persons who are blind, visually impaired or otherwise print disabled - Cross-border exchange of accessible format copies of certain works and other protected subject-matter for the benefit of persons who are blind, visually impaired or otherwise print disabled (debate) NL
Preparation of the G20 summit of 7 and 8 July 2017 (debate)
Review of the Maltese Presidency (debate) NL
Preparation of the European Council of 22 and 23 June 2017 (debate) NL
Making relocation happen (debate) NL
Negotiations with the United Kingdom following its notification that it intends to withdraw from the European Union (debate)
Adequacy of the protection afforded by the EU-US privacy Shield (debate) NL
Addressing refugee and migrant movements: the role of EU External Action (debate) NL
Topical debate - EU security agenda: one year after the Brussels attacks (debate) NL
Equality between women and men in the EU in 2014-2015 - Equal treatment between men and women in the access to and supply of goods and services - Report on EU funds for gender equality (debate) NL
Combating terrorism (debate) NL
Reinforcement of checks against relevant databases at external borders (debate) NL
EU law enforcement information exchange and the replacement of pre-Lisbon instruments (debate) NL
A European Pillar of Social Rights (debate) NL
Brief presentations by candidates for the post of President
Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (A8-0235/2016 - Agustín Díaz de Mera García Consuegra) NL
A coherent EU policy for cultural and creative industries (A8-0357/2016 - Christian Ehler, Luigi Morgano) NL
Normalisation of the accounts of railway undertakings - Domestic passenger transport services by rail - Single European railway area (debate) NL
Situation of fundamental rights in the European Union in 2015 (debate) NL
Combatting racism, xenophobia, homophobia and other forms of intolerance (debate) NL
Liability, compensation and financial security for offshore oil and gas operations (A8-0308/2016 - Kostas Chrysogonos) NL
US-EU Agreement on the protection of personal information relating to criminal offenses (debate) NL
EU accession to the Istanbul Convention on preventing and combating violence against women (debate) NL
Sign language and professional sign language interpreters (debate) NL
EU policies and actions to protect children in the context of migration (debate) NL
Internal Security in the EU - Progress made in the implementation of adopted security measures and challenges ahead (debate) NL
Fight against corruption and follow-up of the CRIM resolution (A8-0284/2016 - Laura Ferrara) NL
EU mechanism on democracy, the rule of law and fundamental rights (A8-0283/2016 - Sophia in 't Veld) NL
2014 Annual report on monitoring the application of Union law (A8-0262/2016 - Heidi Hautala) NL
Preparation of the European Council meeting of 20 and 21 October 2016 (debate) NL
Need for a European reindustrialisation policy in light of the recent Caterpillar and Alstom cases (RC-B8-1051/2016, B8-1051/2016, B8-1052/2016, B8-1053/2016, B8-1055/2016, B8-1056/2016, B8-1057/2016, B8-1058/2016) NL
Legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (debate) NL
Europol-China Agreement on Strategic Cooperation (A8-0265/2016 - Claude Moraes) NL
European Public Prosecutor's office and Eurojust (debate) NL
Application of the Employment Equality Directive (debate) NL
Asylum: provisional measures in favour of Italy and Greece (A8-0236/2016 - Ska Keller) NL
Protocol to the EU-Switzerland Agreement on the free movement of persons (accession of Croatia) (A8-0216/2016 - Danuta Jazłowiecka) NL
Social dumping in the EU (A8-0255/2016 - Guillaume Balas) NL
Need for a European reindustrialisation policy in light of the recent Caterpillar and Alstom cases (debate) NL
Need for a European reindustrialisation policy in light of the recent Caterpillar and Alstom cases (debate) NL
Asylum: provisional measures in favour of Italy and Greece (debate) NL
Creating labour market conditions favourable for work-life balance (A8-0253/2016 - Tatjana Ždanoka, Vilija Blinkevičiūtė) NL
Implementation of the UN Convention on the Rights of Persons with Disabilities (debate) NL
Implementation of the UN Convention on the Rights of Persons with Disabilities (debate)
European Border and Coast Guard (debate) NL
Refugees: social inclusion and integration into the labour market (debate) NL
Preventing radicalisation leading to violent extremism and terrorism (debate) NL
Promoting free movement by simplifying the acceptance of certain public documents (A8-0156/2016 - Mady Delvaux) NL
Competitiveness of the European rail supply industry (B8-0677/2016) NL
Follow-up to the resolution of Parliament of 11 February 2015 on the US Senate report on the use of torture by the CIA (B8-0580/2016, B8-0584/2016) NL
Improving data sharing and the use of European information systems and databases in the fight against serious transnational crime and terrorism (debate) NL
State of play of the external aspects of the European migration agenda: towards a new 'Migration Compact' (debate) NL
Legal migration package - Action plan on integration of third country nationals (debate) NL
Poverty: a gender perspective (A8-0153/2016 - Maria Arena) NL
Transatlantic data flows (debate) NL
Framework Agreement on parental leave (A8-0076/2016 - Maria Arena) NL
Preventing and combating trafficking in human beings (A8-0144/2016 - Catherine Bearder) NL
EU Agency for Law Enforcement Cooperation (Europol) (debate) NL
Decision adopted on the Common European Asylum System reform (debate) NL
Turkey's progress in fulfilling the requirements of the Visa liberalisation roadmap (debate) NL
Turkey's progress in fulfilling the requirements of the Visa liberalisation roadmap (debate) NL
EU assistance to Lebanon and Jordan to face the effects of the Syrian crisis (debate) NL
Women domestic workers and carers in the EU (A8-0053/2016 - Kostadinka Kuneva) NL
Gender equality and empowering women in the digital age (A8-0048/2016 - Terry Reintke) NL
Safeguarding the best interest of the child across the EU on the basis of petitions addressed to the European Parliament (B8-0487/2016) NL
EU Agency for Railways (A8-0073/2016 - Roberts Zīle) NL
Interoperability of the rail system within the European Union (A8-0071/2016 - Izaskun Bilbao Barandica) NL
Railway safety (A8-0056/2016 - Michael Cramer) NL
Protection of trade secrets against their unlawful acquisition, use and disclosure (A8-0199/2015 - Constance Le Grip) NL
Meeting the antipoverty target in the light of increasing household costs (A8-0040/2016 - Tamás Meszerics) NL
Protection of individuals with regard to the processing of personal data - Processing of personal data for the purposes of crime prevention (debate) NL
Use of Passenger Name Record data (EU PNR) (debate) NL
The situation in the Mediterranean and the need for a holistic EU approach to migration (debate) NL
Learning EU at school (A8-0021/2016 - Damian Drăghici) NL
Erasmus+ and other tools to foster mobility in vocational education and training (A8-0049/2016 - Ernest Maragall) NL
Annual reports 2012-2013 on subsidiarity and proportionality (debate) NL
The situation of women refugees and asylum seekers in the EU (debate) NL
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) NL
Gender mainstreaming in the work of the European Parliament (A8-0034/2016 - Angelika Mlinar) NL
Communication on implementing the European agenda on migration (debate) NL
European network of Employment Services, workers' access to mobility services and the further integration of labour markets (A8-0224/2015 - Heinz K. Becker) NL
European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2016 (A8-0031/2016 - Sofia Ribeiro) NL
Establishment of a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (debate) NL
Refugee emergency, external borders control and future of Schengen - Respect for the international principle of non-refoulement - Financing refugee facility for Turkey - Increased racist hatred and violence against refugees and migrants across Europe (debate) NL
Refugee emergency, external borders control and future of Schengen - Respect for the international principle of non-refoulement - Financing refugee facility for Turkey - Increased racist hatred and violence against refugees and migrants across Europe (debate) NL
Refugee emergency, external borders control and future of Schengen - Respect for the international principle of non-refoulement - Financing refugee facility for Turkey - Increased racist hatred and violence against refugees and migrants across Europe (debate) NL
Mutual defence clause (Article 42(7) TEU) (RC-B8-0043/2016, B8-0043/2016, B8-0045/2016, B8-0051/2016, B8-0057/2016, B8-0058/2016, B8-0059/2016, B8-0060/2016) NL
Review of the Luxembourg Presidency (debate) NL
The role of intercultural dialogue, cultural diversity and education in promoting EU fundamental values (A8-0373/2015 - Julie Ward) NL
External factors that represent hurdles to European female entrepreneurship (A8-0369/2015 - Barbara Matera) NL
Situation in Hungary: follow-up to the European Parliament Resolution of 10 June 2015 (B8-1349/2015, B8-1351/2015, B8-1351/2015, B8-1358/2015, B8-1359/2015, B8-1360/2015, B8-1361/2015) NL
Detention and use of force against asylum-seekers (debate) NL
Decision adopted on the European Accessibility Act (debate) NL
Implementation of the European Progress Microfinance Facility (A8-0331/2015 - Sven Schulze) NL
Decision adopted on the European border and coast guard package (debate) NL
Protection of victims of terrorism (debate) NL
Special report of the European Ombudsman in own-initiative inquiry concerning Frontex (A8-0343/2015 - Roberta Metsola, Ska Keller) NL
EU Strategic framework on health and safety at work 2014-2020 (A8-0312/2015 - Ole Christensen) NL
Outcome of the Valletta summit of 11 and 12 November 2015 and of the G20 summit of 15 and 16 November 2015 (debate) NL
Reducing inequalities with a special focus on child poverty (A8-0310/2015 - Inês Cristina Zuber) NL
Prevention of radicalisation and recruitment of European citizens by terrorist organisations (debate) NL
Future aviation package (B8-1146/2015, B8-1147/2015, B8-1148/2015, B8-1149/2015, B8-1150/2015, B8-1151/2015, B8-1152/2015) NL
Follow-up to the European Parliament resolution of 12 March 2014 on the electronic mass surveillance of EU citizens (debate) NL
Conclusions of the European Council meeting of 15 October 2015, in particular the financing of international funds, and of the Leaders' meeting on the Western Balkans route of 25 October 2015, and preparation of the Valletta summit of 11 and 12 November 2015 (debate) NL
Equal opportunities and equal treatment of men and women in matters of employment and occupation (A8-0213/2015 - Anna Záborská) NL
Humanitarian situation of refugees within the EU and neighbouring countries (debate) NL
Council Decision establishing provisional measures in the area of international protection for the benefit of Italy, Greece and Hungary [COM(2015)0451 - C8-0271/2015 - 2015/0209(NLE)] NL
Conclusions of the Justice and Home Affairs Council on migration (14 September 2015) (debate) NL
Women's careers in science and university (A8-0235/2015 - Elissavet Vozemberg) NL
Empowering girls through education in the EU (A8-0206/2015 - Liliana Rodrigues) NL
Migration and refugees in Europe (RC-B8-0832/2015, B8-0832/2015, B8-0833/2015, B8-0834/2015, B8-0835/2015, B8-0837/2015, B8-0838/2015, B8-0842/2015) NL
Migration and refugees in Europe (debate) NL
Provisional measures in the area of international protection for the benefit of Italy and Greece (A8-0245/2015 - Ska Keller) NL
Social entrepreneurship and social innovation in combating unemployment - Creating a competitive EU labour market for the 21st century - Precarious employment (debate) NL
Provisional measures in the area of international protection for the benefit of Italy and Greece (debate) NL
Situation of fundamental rights in the EU (2013-2014) (debate) NL
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2015/001 FI/Broadcom (A8-0210/2015 - Petri Sarvamaa) NL
Delivering multimodal integrated ticketing in Europe (A8-0183/2015 - Dieter-Lebrecht Koch) NL
European Agenda on Security (debate) NL
Smart borders package (debate) NL
European Agenda on Migration (debate) NL
UN Convention on the Rights of Persons with Disabilities (debate) NL
Report of the extraordinary European Council meeting (23 April 2015) - The latest tragedies in the Mediterranean and EU migration and asylum policies (debate) NL
European Public Prosecutor's Office (A8-0055/2015 - Monica Macovei) NL
European Public Prosecutor's Office (debate) NL
Employment quotas for people with disabilities in the EU institutions (debate) NL
Employment quotas for people with disabilities in the EU institutions (debate) NL
International Roma Day – anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during WW II (B8-0326/2015) NL
Dimensions and weights of road vehicles circulating within the Community (A8-0032/2015 - Jörg Leichtfried) NL
Progress on equality between women and men in the EU in 2013 (debate) NL
Report of the informal meeting of Heads of State or Government (12 February 2015) (debate) NL
Way forward for Frontex and the European Asylum Support Office NL
Initiatives in the framework of the International Labour Organization debate on the right to strike (debate)
Initiatives in the framework of the International Labour Organization debate on the right to strike (debate)
European Youth Initiative (modification of the ESF regulation) (debate) NL
Anti-terrorism measures (debate) NL
Statements by the President NL
Situation in the Mediterranean and the need for a holistic EU approach to migration (debate) NL
Joint police operation "Mos Maiorum" (continuation of debate) NL
Youth employment (debate) NL
Youth employment (debate) NL
Reports (6)
REPORT on findings and recommendations of the Special Committee on Terrorism PDF (556 KB) DOC (134 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism PDF (438 KB) DOC (55 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism PDF (438 KB) DOC (54 KB)
REPORT on implementation of the European Disability Strategy PDF (806 KB) DOC (145 KB)
REPORT on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee PDF (1 MB) DOC (391 KB)
RECOMMENDATION on the draft Council decision authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation as regards Articles 1 to 4 of the Protocol with regard to matters relating to judicial cooperation in criminal matters PDF (147 KB) DOC (58 KB)
Shadow reports (43)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as regards the withdrawal of the United Kingdom from the Union PDF (182 KB) DOC (76 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Annex XVII to Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 on the marketing and use of explosives precursors PDF (634 KB) DOC (97 KB)
REPORT on the proposal for a Directive of the European Parliament and of the Council laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA PDF (912 KB) DOC (139 KB)
PDF (1003 KB) DOC (159 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federation of St Kitts and Nevis amending the Agreement between the European Community and the Federation of St Kitts and Nevis on the short-stay visa waiver PDF (444 KB) DOC (54 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver PDF (442 KB) DOC (55 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver PDF (443 KB) DOC (54 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver PDF (442 KB) DOC (55 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver PDF (442 KB) DOC (57 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver PDF (443 KB) DOC (57 KB)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the People’s Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian competent authorities for fighting serious crime and terrorism PDF (371 KB) DOC (54 KB)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism PDF (369 KB) DOC (53 KB)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and Tunisia on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Tunisian competent authorities for fighting serious crime and terrorism PDF (370 KB) DOC (53 KB)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Arab Republic of Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian competent authorities for fighting serious crime and terrorism PDF (370 KB) DOC (51 KB)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the State of Israel on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Israeli competent authorities for fighting serious crime and terrorism PDF (370 KB) DOC (54 KB)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Lebanese Republic on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Lebanese competent authorities for fighting serious crime and terrorism PDF (369 KB) DOC (52 KB)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Turkey on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Turkish competent authorities for fighting serious crime and terrorism PDF (372 KB) DOC (56 KB)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Hashemite Kingdom of Jordan on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Jordanian competent authorities for fighting serious crime and terrorism PDF (370 KB) DOC (55 KB)
REPORT on combating inequalities as a lever to boost job creation and growth PDF (741 KB) DOC (105 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 515/2014, (EU) 2016/399 and (EU) 2016/1624 PDF (1 MB) DOC (285 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses PDF (492 KB) DOC (65 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federated States of Micronesia on the short-stay visa waiver PDF (452 KB) DOC (53 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Solomon Islands on the short-stay visa waiver PDF (452 KB) DOC (56 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of the Marshall Islands on the short-stay visa waiver PDF (454 KB) DOC (58 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Tuvalu on the short-stay visa waiver PDF (449 KB) DOC (49 KB)
REPORT on application of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘Employment Equality Directive’) PDF (580 KB) DOC (194 KB)
REPORT on refugees: social inclusion and integration into the labour market PDF (477 KB) DOC (199 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC PDF (1 MB) DOC (1 MB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver PDF (368 KB) DOC (92 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver PDF (368 KB) DOC (90 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Colombia on the short-stay visa waiver PDF (377 KB) DOC (97 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Palau on the short-stay visa waiver PDF (366 KB) DOC (89 KB)
REPORT on the situation in the Mediterranean and the need for a holistic EU approach to migration PDF (767 KB) DOC (344 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver PDF (167 KB) DOC (91 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver PDF (167 KB) DOC (93 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Grenada on the short-stay visa waiver PDF (166 KB) DOC (90 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver PDF (167 KB) DOC (93 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the United Arab Emirates on the short-stay visa waiver PDF (167 KB) DOC (90 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver PDF (167 KB) DOC (91 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver PDF (166 KB) DOC (90 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Saint Lucia on the short-stay visa waiver PDF (167 KB) DOC (92 KB)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver PDF (167 KB) DOC (93 KB)
RECOMMENDATION on the draft Council decision authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation with regard to matters related to social policy PDF (170 KB) DOC (93 KB)
Opinions (5)
POSITION IN THE FORM OF AMENDMENTS on the proposal for a directive of the European Parliament and of the Council amending Council Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community and amending Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States
OPINION on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society
OPINION on the proposal for a regulation of the European Parliament and of the Council on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled
OPINION on Application of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘Employment Equality Directive’)
OPINION on Annual reports 2012-2013 on subsidiarity and proportionality
Shadow opinions (12)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing 'Erasmus': the Union programme for education, training, youth and sport and repealing Regulation (EU) No 1288/2013
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme
OPINION on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector
OPINION on the 2017 EU Justice Scoreboard
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services
OPINION with recommendations to the Commission on Civil Law Rules on Robotics
OPINION on implementation report on Erasmus +
OPINION on the implementation of the Free Trade Agreement between the European Union and the Republic of Korea
OPINION Cohesion policy and marginalised communities
OPINION on resource efficiency: moving towards a circular economy
Institutional motions (16)
MOTION FOR A RESOLUTION on protection of investigative journalists in Europe: the case of Slovak journalist Jan Kuciak and Martina Kušnírová PDF (293 KB) DOC (63 KB)
JOINT MOTION FOR A RESOLUTION on the implementation of the Council’s LGBTI Guidelines, particularly in relation to the persecution of (perceived) homosexual men in Chechnya, Russia PDF (153 KB) DOC (49 KB)
MOTION FOR A RESOLUTION on making relocation happen PDF (248 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on the adequacy of the protection afforded by the EU-US Privacy Shield PDF (183 KB) DOC (58 KB)
MOTION FOR A RESOLUTION on support for the thalidomide survivors PDF (359 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on sign languages and professional sign language interpreters PDF (374 KB) DOC (86 KB)
JOINT MOTION FOR A RESOLUTION on the need for a European reindustrialisation policy in light of the recent Caterpillar and Alstom cases PDF (374 KB) DOC (105 KB)
MOTION FOR A RESOLUTION on the need for a European reindustrialisation policy in light of the recent Caterpillar and Alstom cases PDF (259 KB) DOC (69 KB)
MOTION FOR A RESOLUTION on transatlantic data flows PDF (182 KB) DOC (70 KB)
MOTION FOR A RESOLUTION on the situation in Hungary PDF (252 KB) DOC (63 KB)
MOTION FOR A RESOLUTION on the European Agenda on Security PDF (187 KB) DOC (81 KB)
MOTION FOR A RESOLUTION on the List of Issues adopted by the United Nations Committee on the Rights of Persons with Disabilities in relation to the initial report of the European Union PDF (254 KB) DOC (72 KB)
MOTION FOR A RESOLUTION on the latest tragedies in the Mediterranean and EU migration and asylum policies PDF (233 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on the fight against child sexual abuse on the internet PDF (239 KB) DOC (58 KB)
JOINT MOTION FOR A RESOLUTION on anti-terrorism measures PDF (160 KB) DOC (76 KB)
MOTION FOR A RESOLUTION on the 25th anniversary of the UN Convention on the Rights of the Child PDF (159 KB) DOC (91 KB)
Oral questions (9)
Guardianship for people with intellectual disabilities PDF (197 KB) DOC (19 KB)
Guardianship for people with intellectual disabilities PDF (198 KB) DOC (20 KB)
The EU accession to the Istanbul Convention on preventing and combating violence against women PDF (102 KB) DOC (16 KB)
The EU accession to the Istanbul Convention on preventing and combating violence against women PDF (102 KB) DOC (16 KB)
The EU accession to the Istanbul Convention on preventing and combating violence against women PDF (203 KB) DOC (18 KB)
The EU accession to the Istanbul Convention on preventing and combating violence against women PDF (202 KB) DOC (18 KB)
EU spending on external migration policy in neighbourhood countries PDF (105 KB) DOC (25 KB)
Increased terrorism threat PDF (97 KB) DOC (25 KB)
Breaches of the human rights of children with disabilities PDF DOC
Written explanations (102)
Justice programme (A8-0068/2019 - Josef Weidenholzer, Heidi Hautala) NL
De N-VA steunt het algemeen doel van de verordening en stemde daarom voor. Zolang het programma de justitiële samenwerking over de grenzen heen ondersteunt en zich niet zal inmengen in de nationale rechtsordes, is dit volgens ons perfect in overeenstemming met het subsidiariteitsbeginsel.Toch zijn er nog enkele bemerkingen, bijvoorbeeld over de transparantieplicht. Zoals deze nu is geformuleerd, lijkt ze erg inhoudsloos en niet streng genoeg voor juridische entiteiten die belastinggeld zullen ontvangen voor hun werking. Dit kan beter. Gezien we hier stemden over een gedeeltelijk akkoord met de Raad, zijn we van mening dat verder overleg deze elementen kan verbeteren. Eens het eindresultaat er ligt, zullen wij dit opnieuw aan een grondige evaluatie onderwerpen.
Rights and Values programme (A8-0468/2018 - Bodil Valero) NL
De voorgestelde wettekst wil meer dan 600 miljoen euro belastinggeld gebruiken om de Europese waarden actief uit te dragen en de burger te scholen over de Europese geschiedenis, identiteit en cultuur. Wij begrijpen die reflex, gezien de aanhoudende schendingen van de rechtsstaat in Europa. Maar deze nieuwe geldstroom is het antwoord niet.De nadruk ligt op het subsidiëren van ngo’s. De wet kwam er ook op verzoek van die ngo’s. De Europese Rekenkamer concludeerde nochtans dat de Commissie onvoldoende transparant werkt op het gebied van het gebruik van fondsen door ngo’s; zo mogen organisaties zichzelf het label ‘ngo’ opplakken zonder noemenswaardige controle. De sector verloor onlangs ook krediet door opeenvolgende schandalen, en dus vinden wij dat eerst orde op zaken moet worden gesteld.Wij stellen ons ook de vraag waarom het Europagevoel bij de burger moet worden aangewakkerd. De burger beseft dat Europa medeverantwoordelijk is voor de malaise op het vlak van de vluchtelingencrisis en is ontevreden over diens spilzucht en achterkamerpolitiek. Is het de bedoeling om kiezers terug te winnen met een goednieuwsshow? Wij geloven niet dat de burger er een boodschap aan heeft. Maar een sterk middenveld blijft voor de N-VA belangrijk. Daarom willen wij de tekst evenmin tegenhouden.
Tackling the dissemination of terrorist content online (A8-0193/2019 - Daniel Dalton) NL
De N-VA is voorstander van het aanpakken van terroristische inhoud online. Terrorisme heeft volgens ons geen plek in onze samenleving: niet offline en ook niet online. Daarom zijn er maatregelen nodig om dit te bestrijden. Er zijn echter enkele elementen in dit verslag waar nog aan gesleuteld moet worden. Zo is de definitie van terroristische inhoud erg vaag. Het moet volgens ons gaan om boodschappen die ook strafbaar zijn naar Belgisch recht: pas dan kan hun verwijdering worden gevraagd. De Europese definitie van terroristische inhoud gaat echter verder dan dat en gaat zo in tegen onze wetten.Ook is de deadline van één uur erg strikt, zelfs met de voorgestelde langere termijn bij eerste inbreuk. In geen geval mag deze verordening betekenen dat kleine en nieuwe spelers disproportionele lasten ondervinden en gehinderd worden in hun economische activiteiten. Hiervoor moet een betere oplossing gezocht worden. Daarnaast zullen we nooit toelaten dat dergelijke wetgeving uploadfilters in de hand werkt.Daarom onthoudt de N-VA zich op dit verslag. We staan achter het principe, maar er kan nog sterk gesleuteld worden aan de manier waarop. Gelukkig stemmen we over een voorlopige tekst zonder kracht. We kijken uit naar toekomstige onderhandelingen met de Raad om deze zaken te verbeteren.
Protection of persons reporting on breaches of Union law (A8-0398/2018 - Virginie Rozière) NL
Klokkenluiders zijn de waakhonden van de waarheid. Een betere bescherming voor klokkenluiders over de hele Europese Unie is daarom onmisbaar voor mijn delegatie. Mijn partij was zelfs voortrekker van dit debat op nationaal niveau in 2013 en opnieuw in 2016 voor klokkenluiders binnen de politie. Mijn delegatie meent nog steeds dat enkel de juiste personen voor bescherming in aanmerking moeten komen: het statuut van klokkenluider mag immers niet uitgehold worden. De richtlijn waarover gestemd is in Straatsburg vormt volgens mijn delegatie een goede basis en biedt voldoende flexibiliteit aan de lidstaten om een passende mate van bescherming uit te werken. De N-VA steunde deze richtlijn.
Transparent and predictable working conditions in the European Union (A8-0355/2018 - Enrique Calvet Chambon) NL
De N-VA-delegatie stemde tegen deze richtlijn over arbeidsvoorwaarden in de Europese Unie.Het is betreurenswaardig dat de voorspelbare arbeidsvoorwaarden zeer nauw worden bekeken. Flexibilisering van de arbeidstijd kan immers zeer nuttig zijn voor een bepaalde groep mensen. Zo kunnen jongeren een eerste werkervaring opdoen (al dan niet gecombineerd met hun studies) en kunnen langdurig werklozen makkelijker weer aan het werk.Bovendien krijgen werkgevers er weer een hoop rompslomp bij, terwijl onze kmo’s al onder allerlei regeltjes kreunen. De richtlijn zal die administratieve overlast nog zwaarder maken. De regelingen van een cao moeten volgens deze richtlijn in het opgemaakte contract.De N-VA benadrukt dat hier op nationaal niveau reeds goede regelingen voor bestaan die nauw zijn afgestemd op onze arbeidsmarkt.
European Labour Authority (A8-0391/2018 - Jeroen Lenaers) NL
De N-VA onthield zich over de oprichting van een Europese arbeidsautoriteit. De N-VA steunt de strijd tegen sociale dumping ten volle en meent dat een betere samenwerking absoluut noodzakelijk is. Zij verkiest echter het verbeteren van de bestaande en goed functionerende structuren boven het creëren van nieuwe Europese bovenbouw.Ook onderstreept de N-VA dat het de bevoegdheid van de lidstaten is om controles uit te voeren en dat nationale inspectiediensten elk hun eigen manier van werken hebben. De oprichtingstekst van de Arbeidsautoriteit legt evenwel vandaag de fundamenten voor een Europese sociale inspectie. Zo wordt o.a. in artikel 40 sterk gealludeerd op een verdere uitbreiding van de reikwijdte van de activiteiten van de Autoriteit.De N-VA is op zijn hoede voor dit Trojaans paard dat de sociale bevoegdheden van de lidstaten steeds verder kan uithollen.
Resources for the specific allocation for the Youth Employment Initiative (A8-0085/2019 - Iskra Mihaylova) NL
. – De Commissie stelde op 1 februari voor om het budget voor het jongerenwerkgelegenheidsinitiatief voor 2019 te verhogen met 116,7 miljoen euro. Het jaarbudget komt zo op 350 miljoen euro. De N-VA benadrukt dat de oorzaken van de jeugdwerkloosheid erg uiteen kunnen lopen in de verschillende lidstaten, waardoor het niet gepast is om in één enkele Europese oplossing te voorzien. De structurele oplossing bestaat erin om maatwerk te bieden op regionaal en nationaal niveau. Maar dit beleid realiseert net het tegenovergestelde: het neemt prikkels weg voor de betrokken regio’s om ernstig te hervormen. De oplopende EU-financiering van deze maatregelen om de jeugdwerkloosheid tegen te gaan, verbergt dan ook de structurele problemen die er de oorzaak van zijn. Daarom hebben de N-VA-parlementsleden tegen deze zoveelste begrotingsaanpassing gestemd.
Objection pursuant to Rule 105(3): Instrument for financial support for external borders and visa (B8-0215/2019) NL
De N-VA is vóór het systeem van de hotspots; migranten die toch de Middellandse Zee kunnen oversteken, moeten zo snel mogelijk worden gescreend en – indien blijkt dat zij veilige landen zijn gepasseerd – teruggestuurd. De bedoeling van de Commissie is om lidstaten de nodige fondsen te geven om die hotspots verder te ontwikkelen, en desgewenst Europese ontschepingsplatformen op te richten. Het Parlement tekent bezwaar aan tegen de budgetwijzigingen, omdat ontschepingsplatformen een te abstract concept zouden zijn. De N-VA stemt tegen dit bezwaar, omdat de Commissie terecht fondsen toekent aan de hotspots. En ten slotte, wat die abstracte notie betreft, roepen wij op om de discussie over de ontschepingsplatformen opnieuw op te starten. Europese ontschepingsplatformen werden reeds begraven door de lidstaten en verlaten door de Commissie. Geef ze concreet vorm naar Australisch model; ontscheep geredde drenkelingen in de dichtstbijzijnde veilige haven, ook in Noord-Afrika.
Objection pursuant to Rule 105(3): Asylum, Migration and Integration Fund (B8-0214/2019) NL
De N-VA is vóór het systeem van de hotspots; migranten die toch de Middellandse Zee kunnen oversteken, moeten zo snel mogelijk worden gescreend en – indien blijkt dat zij veilige landen zijn gepasseerd – teruggestuurd. De bedoeling van de Commissie is om lidstaten de nodige fondsen te geven om die hotspots verder te ontwikkelen, en desgewenst Europese ontschepingsplatformen op te richten. Het Parlement tekent bezwaar aan tegen de budgetwijzigingen, omdat ontschepingsplatformen een te abstract concept zouden zijn. De N-VA stemt tegen dit bezwaar, omdat de Commissie terecht fondsen toekent aan de hotspots. En ten slotte, wat die abstracte notie betreft, roepen wij op om de discussie over de ontschepingsplatformen opnieuw op te starten. Europese ontschepingsplatformen werden reeds begraven door de lidstaten en verlaten door de Commissie. Geef ze concreet vorm naar Australisch model; ontscheep geredde drenkelingen in de dichtstbijzijnde veilige haven, ook in Noord-Afrika.
Fundamental rights of people of African descent (B8-0212/2019) NL
De N-VA verzet zich tegen elke vorm van racisme en discriminatie, van eender welke bevolkings- of geloofsgroep, en dus ook van Afro-Europeanen. Wij zijn het er ook mee eens dat historische onrechtvaardigheden moeten worden erkend, en roepen de koning op om publieke verontschuldigingen uit te spreken voor de wandaden in Congo. Wij stellen ons echter ernstige vragen bij de betuttelende toon van het verslag. Wij zouden niet durven beweren dat mensen met Afrikaanse roots, wegens een huidskleur dus, behoefte hebben aan eigen, specifieke integratiemaatregelen.Wij willen wél concrete projecten met een reële impact uitgewerkt zien, om racisme ook ten opzichte van die bevolkingsgroep krachtdadig te bestrijden. Echter, het creëren van nieuwe Europese structuren zoals gespecialiseerde diensten bij de Europese Commissie of Amerikaanse toestanden zoals de invoering van een "black history month" zijn niet de juiste antwoorden op de uitdaging. Ten slotte vinden we het kort door de bocht om Zwarte Piet in één adem te betitelen als een stereotype dat discriminatie in de hand werkt. Deze resolutie schiet haar doel voorbij, daarom stemt de N-VA-delegatie tegen.
Justice programme (A8-0068/2019 - Josef Weidenholzer, Heidi Hautala) NL
De N-VA-delegatie draagt het subsidiariteitsbeginsel steeds hoog in het vaandel. Waar Europa justitiële samenwerking, juridische opleiding en effectieve toegang tot de rechter kan vergemakkelijken, ondersteunen en bevorderen, kan dit alleen maar als positief worden beschouwd.Helaas week het verslag soms af van deze doelstelling. Zo wil het grotere flexibiliteit en toegankelijkheid van fondsen en dezelfde financieringsmogelijkheden voor maatschappelijke organisaties binnen én buiten Europa. Dat deze organisaties inderdaad waardevolle actoren kunnen zijn in het veld, mag niet betekenen dat Europese fondsen zomaar worden uitgedeeld aan ieder die erom verzoekt zonder strenge transparantievereisten. In het verslag wordt ook financiële steun gevraagd voor loutere "bewustmakingsactiviteiten" voor deze organisaties, wat onzes inziens te vaag is geformuleerd. De verborgen verwijzing naar het erg verregaande Europese waardeninstrument dat vorige maand werd goedgekeurd, kunnen wij daarenboven ook niet aanvaarden.Ondanks de vreemde kronkels die het verslag hier en daar maakt, is de N-VA nog steeds voorstander van het grotere geheel en zien wij een toegevoegde waarde voor het Justitieprogramma. Daarom heeft de N-VA-delegatie zich onthouden bij de plenaire stemming.
Service in the Member States of judicial and extrajudicial documents in civil or commercial matters (A8-0001/2019 - Sergio Gaetano Cofferati) NL
Deze week stemde de N-VA-delegatie over de hervorming van de verordening inzake de betekening en kennisgeving in de lidstaten van gerechtelijke en buitengerechtelijke stukken in burgerlijke of in handelszaken. Deze hervorming voerde een drastische wijziging door in de taalvereisten voor deze acties. Deze wijziging druist regelrecht in tegen het subsidiariteitsbeginsel waarop de Europese Unie is geënt én tegen de constitutionele identiteit van België. De Belgische taalwetgeving in gerechtszaken gaat namelijk vanzelfsprekend voort op de grondwettelijke indeling van België in vier taalgebieden. Deze taalwet vormt de grondwettelijke waarborg van de voorrang van de taal van het eentalige gebied of van het tweetalige karakter van het gebied. Deze wet waarborgt niet alleen dat de betekening van stukken in de taal van de regio gebeurt, maar ook dat individuen stukken mogen weigeren wanneer ze niet in de desbetreffende taal zijn opgesteld. De Europese hervorming gaat nu een brug te ver door geadresseerden toe te laten stukken te weigeren indien ze de taal niet begrijpen. De geadresseerde kan zich dan enorm gemakkelijk onttrekken aan het Belgisch gerecht. Gezien deze grove schending stemde de N-VA-delegatie dan ook resoluut tegen deze verordening.
Deliberations of the Committee on Petitions 2018 (A8-0024/2019 - Cecilia Wikström) NL
De N-VA stemde tegen dit verslag.Ten eerste ontbreken er een reeks statistieken in het verslag omdat dit verslag normaliter op het einde van het kalenderjaar wordt opgesteld. Daarmee verzwijgt de rapporteur de daling in het aantal verzoekschriften. Het aantal verzoekschriften is immers aanzienlijk teruggelopen van 2 715 in 2014 naar 1 202 in 2018. Hoewel enige technische verbeteringen aan de basis liggen van deze daling, wordt de lagere werklast van de Commissie verzoekschriften niet meegenomen in het verslag.Ten tweede verwijst de rapporteur weer naar de Jugendamt-resolutie, waarin ertoe werd opgeroepen dat de Europese Commissie moest optreden tegen de interne taalwetgeving van Duitsland. Dit zorgt voor wrevel tussen de lidstaten en is nefast voor het vertrouwen in de EU.Ten slotte bevat het verslag een oproep om hulp aan illegalen (artikel 1, lid 2, van Richtlijn 2002/90/EG van de Raad van 28 november 2002) uit het strafwetboek te halen. Toestanden zoals in het Maximiliaanpark in Brussel werken averechts voor alle betrokken partijen.
Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (A8-0469/2018 - Eider Gardiazabal Rubial, Petri Sarvamaa) NL
. – De Europese Unie is gebaseerd op gemeenschappelijke waarden. Daarom steunden wij eind 2018 de resolutie omtrent de uitbouw van een EU-mechanisme opdat alle lidstaten de rechtsstaat zouden respecteren. Het is evident dat een dergelijk politiek gevoelig mechanisme juridisch waterdicht moet zijn en dat alle EU-instellingen binnen hun verdragsrechtelijke rol moeten blijven.En dat is nu net het probleem. Schendingen van de rechtsstaat worden beteugeld via een verdragsrechtelijke procedure als beschreven in artikel 7 VEU. De essentie daarvan is dat de vaststelling van een schending en de oplegging van een sanctie moet gebeuren door de Europese Raad en de Raad van Ministers. De voorliggende tekst omzeilt dit, want de Europese Commissie neemt de beslissing over de inbreuk én de sanctie. De Raad krijgt enkel nog een rol in de marge toebedeeld bij de uitvoering van de sanctie. De Raad intervenieert immers slechts wanneer de beloofde budgetten voorlopig moeten worden geparkeerd. EU-wetgeving kan niet ingaan tegen de Verdragen.Kortom, de N-VA vindt dat het principe nobel is, maar dat het aan de uitwerking ernstig schort. De gehele tekst lijkt ons, en de Juridische Dienst van de Raad, op dit en op andere punten juridisch zeer gammel in elkaar te steken. Daarom onthouden wij ons van stemming.
Establishing the Rights and Values programme (A8-0468/2018 - Bodil Valero) NL
. – De Europese Unie is gebaseerd op gemeenschappelijke waarden. Daarom steunden wij eind 2018 de resolutie omtrent de uitbouw van een EU-mechanisme voor de rechtsstaat. Maar wij betwijfelen dat aanhoudende schendingen van grondrechten kunnen worden verholpen via campagnes van ngo’s op de manier die door het Parlement wordt voorgesteld. Vooral de verdriedubbeling van het huidige budget is voor de N-VA te vergaand.Wij stellen ons ook vragen bij ‘het aanwakkeren van het Europagevoel in de burger’ als doelstelling. De burger beseft dat Europa faalde op het vlak van de vluchtelingencrisis en is ontevreden over diens spilzucht en achterkamerpolitiek. De Unie moet in eerste instantie haar geloofwaardigheid verdienen door goed bestuur op domeinen waar de Europeanen echt behoefte aan hebben. De belastingbetaler heeft geen boodschap aan een goednieuwsshow als Europees waardeninstrument. Fundamentele waarden moeten worden beschermd met dialoog en desnoods de harde hand. Niet in de laatste plaats die van kwetsbare groepen, zoals mensen met een beperking. Via inbreukprocedures en het inroepen van artikel 7 VEU in uiterste nood. Maar niet via het uitdelen van vele miljarden aan soms weinig transparante middenveldorganisaties. De N-VA stemde daarom tegen deze verregaande invulling van het Europese waardeninstrument.
Gender mainstreaming in the European Parliament (A8-0429/2018 - Angelika Mlinar) NL
De N-VA staat voor een inclusieve samenleving met gelijke rechten en plichten voor iedereen, alsook voor een gelijkekansenbeleid op maat van en met aandacht voor alle diverse doelgroepen. Dit geldt voor alle genders, in het bijzonder voor vrouwen en meisjes, maar ook voor mensen met een beperking, oudere mensen, LGBTIQ enz. Inbreuken op die gelijkheid, zowel op het werk als in de privésfeer, zijn voor ons niet aanvaardbaar. Daarom moet genderongelijkheid de nodige aandacht krijgen.Tegelijkertijd is de N-VA-delegatie bezorgd dat enkele in het verslag voorgestelde maatregelen (meer experts, verplichte opleidingen) tot nog meer bureaucratie en een verhoging van het budget zouden kunnen leiden. Zij pakken niet de oorzaken van discriminatie en ongelijkheid aan. De N-VA is van mening dat er een structurele oplossing moet worden gevonden.De N-VA onthield zich om bovenstaande redenen van stemming over dit verslag.
Adequacy of the protection of personal data afforded by Japan (B8-0561/2018) NL
De N-VA heeft voor de resolutie over de gepastheid van de door Japan geboden bescherming van persoonsgegevens gestemd. De resolutie erkent dat Japan verschillende inspanningen heeft gedaan om betere gegevensbescherming te bieden, zoals onder andere het goedkeuren van de wet over de bescherming van persoonlijke informatie (APPI) en het benoemen van de Personal Information Protection Commission (PPC). Indien de Commissie het adequaatheidsbesluit effectief uitvoert, zal het zorgen voor een veilige overdracht van persoonsgegevens tussen de EU en Japan, wat de handelsbetrekkingen tussen beide partners zal vergemakkelijken en versterken.Voor de N-VA is het recht op privacy en de bescherming van persoonsgegevens van fundamenteel belang. Onderzoek door de Commissie heeft uitgewezen dat deze voldoende worden gewaarborgd door Japan. Bijgevolg is mijn delegatie van mening dat we nu verder moeten gaan in het proces. We moeten dit adequaatheidsbesluit ondersteunen om zo onze banden met deze grote internationale handelspartner te versterken en de gegevens van onze burgers beter te beschermen.
Activities of the European Ombudsman in 2017 (A8-0411/2018 - Eleonora Evi) NL
De N-VA-delegatie steunt dit verslag omdat we grotendeels achter de werkzaamheden van de Europese Ombudsman staan. Het werk van de EU-Ombudsman is van groot belang. Goed bestuur, transparantie en institutionele checks and balances zijn immers essentieel voor de werking en perceptie van de Europese instellingen. Zoals in het verslag wordt onderstreept, is dit in de huidige sociaal-politieke situatie nog belangrijker. Meer in het bijzonder staat de N-VA achter de paragrafen over de blijvende noodzaak om de revolving-door -problematiek aan te pakken. Verder ondersteunen we de delen van de tekst waarin wordt verzocht om een doeltreffende aanpak van belangenconflicten en meer doorzichtigheid van lobbyactiviteiten. Zo worden de lobbyactiviteiten van de voormalige voorzitter van de Europese Commissie Barosso voor Goldman Sachs bij naam genoemd. Daarnaast ondersteunt het verslag terecht de inspanningen van de Ombudsman om de verantwoording en transparantie van de Europese Raad te verhogen en de betrouwbaarheid van het verzamelen en analyseren van wetenschappelijk bewijs door agentschappen te garanderen. Het gebruik van arbeidsovereenkomsten voor bepaalde tijd staat echter niet automatisch gelijk aan misbruik. Dergelijke overeenkomsten bieden ook veel mogelijkheden.
Education in the digital era: challenges, opportunities and lessons for EU policy design (A8-0400/2018 - Yana Toom) NL
De N-VA is een Eurorealistische partij die met een positieve ingesteldheid, maar met een kritische blik de vinger aan de Europese pols houdt. De N-VA pleit ervoor dat Europese samenwerking focust op domeinen waarop dat optreden noodzakelijk is. Bijvoorbeeld inzake onderwijs is de Unie enkel bevoegd om het optreden van de lidstaten te ondersteunen, te coördineren of aan te vullen. We zijn dan ook enkel voorstander van een EU-strategie inzake digitaal onderwijs als dit ter ondersteuning van de lidstaten is. Inhoudelijk kunnen we ons grotendeels vinden in deze resolutie die het belang onderstreept van de verwerving van digitale vaardigheden naast het ontwikkelen van een algemene vorming. Een eventuele verhoging van de financiële middelen voor digitale vaardigheden in de volgende generatie MFK-programma's kan enkel in het kader van verschuivingen binnen de begroting. Dit alles verklaart onze onthouding.
Coordination of social security systems (A8-0386/2018 - Guillaume Balas) NL
De N-VA stemde tegen het mandaat om de onderhandelingen met de Raad op te starten op basis van het verslag-Balas. Voor N-VA is het compleet onaanvaardbaar dat Europese nieuwkomers al na één dag toegang zouden hebben tot de Belgische werkloosheidsuitkering, zonder ooit bijgedragen te hebben aan het systeem. Dit kost onze sociale zekerheid handenvol geld en zet de houdbaarheid ervan danig onder druk. Voorts verzet N-VA zich tegen het exporteren van werkloosheidsuitkeringen gedurende zes maanden. Europa gooit zo de deuren voor welvaartstoerisme wagenwijd open. Uitkeringen blijken cadeautjes te worden voor wie de grens oversteekt. N-VA betreurt ten sterkste dat de herziening van de Europese sociale zekerheidsregels deze vorm aanneemt. Zij erkent immers de noodzaak van een herziening, bijvoorbeeld in de strijd tegen sociale dumping.
Establishing a European Labour Authority (A8-0391/2018 - Jeroen Lenaers) NL
De N-VA stemde tegen het mandaat om de onderhandelingen met de Raad op te starten over de oprichting van een Europese Arbeidsautoriteit. N-VA steunt ten volle de strijd tegen sociale dumping, en meent dat een betere samenwerking tussen de lidstaten hiertoe absoluut noodzakelijk is. Zij geeft echter veeleer de voorkeur aan het verbeteren van de bestaande structuren dan aan het creëren van nieuwe Europese bovenbouw. Ook onderstreept N-VA dat het de bevoegdheid is van de lidstaten om controles uit te voeren, en dat nationale inspectiediensten elk hun eigen manier van werken hebben. Het verslag-Lenaers legt evenwel vandaag duidelijk de fundamenten voor een Europese sociale inspectie. N-VA verzet zich tegen dit Trojaanse paard dat de sociale bevoegdheden van de lidstaten steeds verder kan uithollen.
Protection of workers from the risks related to exposure to carcinogens or mutagens at work (A8-0142/2018 - Claude Rolin) NL
N-VA stemde met overtuiging voor strengere regels op het vlak van blootstelling aan kankerverwekkende stoffen op het werk. Het is essentieel dat we onze werknemers een gezonde en veilige werkomgeving bieden. De strijd tegen blootstelling aan kankerverwekkende stoffen heeft daarbij de hoogste prioriteit. We moeten daarom ambitieuze grenswaarden durven vaststellen. Dit vergt uiteraard inspanningen van de industrie, maar op gezondheid zou geen prijs mogen staan. Uiteraard moeten we onze bedrijven, in het bijzonder kmo's, ondersteunen in hun aanpassing aan de nieuwe normen.
European Centre for the Development of Vocational Training (Cedefop) (A8-0273/2017 - Anne Sander) NL
De N-VA streeft steeds naar de optimalisatie van de Europese instellingen en agentschappen. Zij verwelkomt dan ook het streven naar coördinatie en het creëren van synergie tussen EU-OSHA, Cedefop en Eurofound. Hierdoor ontstaat ook een efficiënter gebruik van middelen. Dit laatste wordt nog versterkt door de introductie van ex-ante en ex-post budgettaire controles.
Humanitarian Visas (A8-0423/2018 - Juan Fernando López Aguilar) NL
De socialistische fractie wilde het Europees Parlement een Europese wet doen aannemen om Europese humanitaire visa mogelijk te maken. Concreet zou dit betekenen dat 60 miljoen vluchtelingen overal in onze buitenlandse consulaten een humanitair visum kunnen aanvragen om Europa binnen te komen en asiel aan te vragen. Maar geen zorgen, sussen de socialistische collega’s, want ‘de lidstaat mag’ het visum afgeven en ‘moet niet’. En daar knelde het schoentje. De achterliggende bedoeling was uiteraard om een instrument te creëren dat Europese rechtbanken activistisch kunnen interpreteren. Hoe lang zou het duren vooraleer een visum ‘mogen’ afleveren een verplichting wordt? Diezelfde rechtbanken riepen pushbacks een halt toe en breidden de mogelijkheid uit om asiel aan te vragen tot buiten Europa, tot aan de kust van Noord-Afrika. Met als resultaat dat de Europese buitengrenzen wagenwijd open staan.Namens de N-VA verzette ik me hier fel tegen. We vinden dat lidstaten zelf moeten kunnen beslissen wie ons grondgebied mag betreden. Daartoe hebben vele lidstaten ook nationale humanitaire visa uitgewerkt. België bijvoorbeeld gebruikt die om vervolgde religieuze minderheden te helpen ontsnappen. Het is daarbij bedenkelijk vast te stellen dat, nadat vorige maand humanitaire visa van de EU werden verworpen, nu een slechts summier gewijzigde tekst werd aangenomen.
Visa Code (A8-0434/2018 - Juan Fernando López Aguilar) NL
De visumcode regelt de aflevering van een toeristisch of zakelijk Schengenvisum. De Commissie stelde een hervorming voor met het oog op een modernisering van de procedures. De socialisten kaapten het initiatief echter om humanitaire EU-visa te promoten en lagen dwars over de koppeling die we wilden zien tussen medewerking inzake terugkeer van illegalen en soepelere visumvoorwaarden. De Commissie zag het met lede ogen aan en lanceerde een nieuw voorstel om de onderhandelingen te deblokkeren.Maar de geschiedenis herhaalt zich: humanitaire EU-visa, o.a. door veelvuldige verwijzingen naar de Conventie van Genève, zijn niettemin terug prominent opgenomen in het standpunt van het Parlement. Opnieuw dus worden humanitaire EU-visa, in strijd met recente rechtspraak van het Hof van Justitie, in de visumcode gebetonneerd. N-VA moest daarom noodgedwongen tegenstemmen, ondanks de – weliswaar afgezwakte – link met terugname die wij steunden. Aangezien het standpunt van het Parlement werd goedgekeurd, hopen wij dat de Raad het een en ander kan rechttrekken tijdens onderhandelingen. Want onze toeristen en toeristische sector zijn gebaat met bepaalde nieuwigheden, zoals het onlineplatform voor het elektronisch EU-visum waarop een aanvraag kan worden ingediend.
New European Agenda for Culture (A8-0388/2018 - Giorgos Grammatikakis) NL
De N-VA is een eurorealistische partij die met een positieve ingesteldheid, maar met een kritische blik de vinger aan de Europese pols houdt. De N-VA pleit ervoor dat Europese samenwerking focust op domeinen waar dat optreden noodzakelijk is. Bijvoorbeeld inzake cultuur is de Unie enkel bevoegd om het optreden van de lidstaten te ondersteunen, te coördineren of aan te vullen. Deze resolutie pleit echter voor een omvattend cultuurbeleid op Europees niveau. Ook inzake sociale zekerheid en fiscaliteit wil deze resolutie in de plaats van de lidstaten optreden. Er wordt ook gepleit voor een verdubbeling van de begroting voor Creatief Europa, zonder te verwijzen naar eventuele verschuivingen in de begroting. Dit alles verklaart onze tegenstem.
Temporary reintroduction of border control at internal borders (A8-0356/2018 - Tanja Fajon) NL
De N-VA ziet het nut in van interne grenscontroles als uitzonderlijke en tijdelijke maatregel, o.a. om de gebrekkige bewaking van de Europese buitengrenzen te compenseren. Het Europees Parlement nam een standpunt in over een aanpassing van de regels; de maximale duurtijd van interne grenscontroles wordt significant ingekort ten opzichte van het voorstel van de Europese Commissie en de administratieve procedures worden complexer. En dat terwijl het oorspronkelijke voorstel de lidstaten net wou tegemoetkomen en voorzag in een verlenging van de maximale duurtijd.Zeggenschap over onze eigen grenzen is in uitzonderlijke omstandigheden noodzakelijk om intern orde op zaken te houden. Bijvoorbeeld bij een dreiging, maar ook bij een massale instroom van illegale migranten wars van veiligheidsoverwegingen, als bepaalde lidstaten hun Dublin- of solidariteitsverplichtingen niet nakomen. Als dat op een gerichte manier gebeurt, blijft de economische en maatschappelijke impact voor onze burgers beperkt. Het verslag maakt het de lidstaten moeilijk om zelf in te grijpen wanneer de EU haar verantwoordelijkheid niet neemt. Dit is een inbreuk op de soevereiniteit van de lidstaten, en dus stemde de N-VA tegen. Wij hadden liever een andere startpositie gezien voor de onderhandelingen met de Raad, maar zullen de uiteindelijke wettekst, zoals die zal worden overeengekomen, later afzonderlijk beoordelen.
The situation of women with disabilities (B8-0547/2018) NL
Vrouwen en meisjes met een beperking worden vaak geconfronteerd met intersectionele discriminatie vanwege hun geslacht en hun beperking. Ze hebben twee tot vijf keer meer kans om geweld en seksueel misbruik te ervaren dan vrouwen zonder beperking, vooral als ze een verstandelijke beperking hebben. Dit is de reden waarom de N-VA voor de resolutie heeft gestemd, omdat we van mening zijn dat schendingen, geweld, discriminatie en mishandeling van vrouwen en meisjes met een beperking moeten stoppen.De N-VA betreurt echter dat in de resolutie geen rekening wordt gehouden met het belang van het subsidiariteitsbeginsel. Sommige zaken behoren tot nationale bevoegdheden, zoals armoedebestrijding, arbeidsmarktbeleid en de toegang tot cultuur, vrije tijd en sport.Bovendien is de N-VA het niet eens met de oprichting van een EU-waarnemingscentrum voor gendergerelateerd geweld, omdat we van mening zijn dat dit geen optimaal gebruik van EU-geld is.Daarenboven is de situatie van vrouwen met een beperking universeel, of ze nu tot een etnische minderheid behoren of niet. Daarom moeten we dit probleem op een holistische manier aanpakken. Het is een kwestie van menselijke waardigheid en het recht om te leven zonder discriminatie en uitsluiting.
Care services in the EU for improved gender equality (A8-0352/2018 - Sirpa Pietikäinen) NL
De N-VA heeft zich bij de stemming over dit verslag over zorgdiensten ter bevordering van gendergelijkheid onthouden. Uiteraard steunt de N-VA de doelstelling van het verslag om gendergelijkheid op de werkvloer te bevorderen. Vrouwen moeten alle kansen en ondersteuning krijgen op (integratie op) de arbeidsmarkt. Werk is immers nog steeds de beste bescherming tegen armoede en sociale uitsluiting. De N-VA benadrukt daarbij het grote belang van het wegwerken van de loon- en pensioenkloof. Het verslag kiest jammer genoeg echter voor de verkeerde middelen. Het roept op tot een reeks Europese wetgevende instrumenten die de lidstaten in een sociaal keurslijf dwingen. Hierdoor zullen lidstaten niet langer de eigen goede praktijken en tradities kunnen handhaven. De N-VA herhaalt dat in sociale kwesties een "one-size-fits-all"-benadering neerkomt op een "one-size-fits-none"-resultaat. De lidstaten moeten rekening kunnen houden met hun eigen sociale en economische behoeften. Wanneer dit niet langer mogelijk is doordat de EU zich dwingend in hun plaats stelt, dreigen sociale verworvenheden in Vlaanderen teloor te gaan. Dit kan de N-VA geenszins steunen, en zij vraagt daarom om respect voor de bevoegdheden van de lidstaten en het subsidiariteitsbeginsel.
Need for a comprehensive Democracy, Rule of Law and Fundamental Rights mechanism (B8-0523/2018, B8-0524/2018) NL
De EU is voor de N-VA niet alleen een centenkwestie maar ook een waardengemeenschap. Wij dragen de waarden van de verlichting actief uit. Niet alleen buiten de EU maar ook daarbinnen. Dat in de Catalaanse zaak met de rechtsstaat zo slordig werd omgesprongen is een kaakslag voor elke democraat. De N-VA beoogt terzake een voortrekkersrol te blijven spelen en steunt principieel de uitwerking van een EU-mechanisme ter bevordering van de rechtsstaat. Door voorliggende resolutie te steunen willen onze leden van het Europees Parlement een sterk signaal geven dat een dergelijk mechanisme binnen het raamwerk van het Verdrag nuttig en nodig is. Tegelijkertijd vindt de N-VA het cruciaal dat de EU-instellingen binnen hun verdragsrechtelijke rol blijven. Het is contraproductief om politieke agenda's te laten spelen wanneer wordt overwogen schendingen vast te stellen of draconische sancties uit te spreken (art. 7.2 en 7.3). Dat het Europees Parlement zich daar te gemakkelijk toe laat verleiden, bewees het eerder al. Het zwaartepunt van dergelijke beslissingen moet bij de lidstaten blijven. Het Parlement kan haar rol als toezichthouder wel blijven vervullen door te verklaren dat er mogelijk een schending dreigt (art. 7.1). In die context beoordeelt de N-VA mogelijke schendingen in individuele lidstaten die ter stemming worden voorgelegd steeds zorgvuldig en weloverwogen.
Humanitarian visas (A8-0328/2018 - Juan Fernando López Aguilar) NL
De socialistische fractie wilde het Europees Parlement een Europese wet doen aannemen om Europese humanitaire visa mogelijk te maken. Concreet zou dit betekenen dat 60 miljoen vluchtelingen overal in onze buitenlandse consulaten een humanitair visum kunnen aanvragen om Europa binnen te komen en asiel aan te vragen.Maar geen zorgen, sussen de socialistische collega’s, want "de lidstaat mag" het visum afgeven en "moet niet". En daar knelde het schoentje. De achterliggende bedoeling was uiteraard om een instrument te creëren dat Europese rechtbanken activistisch kunnen interpreteren. Hoe lang zou het duren vooraleer een visum "mogen" afleveren een verplichting wordt?Diezelfde rechtbanken riepen push-backs een halt toe en breidden de mogelijkheid uit om asiel aan te vragen tot buiten Europa, tot aan de kust van Noord-Afrika. Met als resultaat dat de Europese buitengrenzen wagenwijd open staan.Namens de N-VA heb ik me hier fel tegen verzet. We vinden dat lidstaten zelf moeten kunnen beslissen wie ons grondgebied mag betreden. Daartoe hebben vele lidstaten ook nationale humanitaire visa uitgewerkt. België bijvoorbeeld gebruikt die om vervolgde religieuze minderheden te helpen ontsnappen.We zijn blij vast te stellen dat we niet alleen staan met deze visie aangezien er in dit Huis geen meerderheid was voor dit voorstel.
The rule of law in Romania (B8-0522/2018) NL
De Europese Unie is een Unie van gedeelde waarden. De N-VA verdedigt die waarden. Wie tot de Europese club wil behoren, moet namelijk de regels volgen. Dit geldt voor elke lidstaat. In Roemenië heeft de politie disproportioneel geweld gebruikt tijdens vreedzame demonstraties tegen de corrupte regering in de zomer van 2018. Deze situatie doet denken aan het verwerpelijke optreden van de Guardia Civil tegen Catalaanse burgers. De regering heeft ook voorstellen gedaan om de strafwetgeving te wijzigen, ook om de veroordeling wegens verkiezingsfraude van de voorzitter van de socialistische partij ongedaan te maken. Wetgeving à la carte dus om frauderende politici aan topbanen te helpen. Ook werden een reeks amendementen in het parlement goedgekeurd die de onafhankelijkheid van rechters en openbare aanklagers ondermijnen. Maar de strijd tegen corruptie mag niet verslappen, integendeel, en moet worden opgedreven. En het lijstje gaat jammer genoeg verder, van politieke censuur in de media tot ronduit homofoob overheidsoptreden. Als er negatieve signalen uit een lidstaat komen, moeten Europese procedures opgestart kunnen worden. Daarom heeft de N-VA-delegatie resoluut voor dit verslag gestemd.
Rise of neo-fascist violence in Europe (RC-B8-0481/2018, B8-0481/2018, B8-0482/2018, B8-0483/2018, B8-0486/2018, B8-0488/2018) NL
N-VA veroordeelt neofascisme en neonazisme in alle opzichten en heeft daarom voor de gemeenschappelijke resolutie gestemd. Tegelijkertijd betreuren de N-VA-Europarlementsleden ten zeerste dat de tekst niet ver genoeg gaat. Met name wordt eenzijdig gefocust op het rechtse uiterste van het politieke spectrum, terwijl het linkse uiterste ongemoeid wordt gelaten. Tegelijkertijd bevat de resolutie ook elementen waar we ons ernstige vragen bij stellen. Met name de oproep tot het censureren van politici kan een hellend vlak zijn; doorgedreven politieke correctheid riskeert immers te leiden tot het muilkorven van beleidsmakers onder het mom van racisme.Haat(spraak) en aanzetten tot geweld zijn alleszins een brug te ver. N-VA steunt dan ook volop het voorstel om in samenspraak met socialemediabedrijven online op te treden tegen haat en aanzetten tot geweld. Ook in de context van de werkzaamheden van de Commissie Terrorisme stel ik als co-rapporteur verschillende maatregelen voor tegen gewelddadige extremisten van alle strekkingen.
Employment and social policies in the euro area (A8-0329/2018 - Krzysztof Hetman) NL
De N-VA-delegatie stemde tegen dit verslag over het werkgelegenheids- en sociaal beleid van de eurozone. N-VA vindt het niet wenselijk dat via het Europees semester sociale doelstellingen op gelijke voet worden geplaatst met economische doelstellingen in de EU. Zij verdedigt een heilzaam driesporenbeleid van “structurele hervormingen, investeringen en gezonde overheidsfinanciën”. Dit driesporenbeleid is essentieel voor jobcreatie en opwaartse sociale convergentie. Respect voor de lidstatelijke bevoegdheden en het subsidiariteitsbeginsel zijn daarbij essentieel, alsook een Europees semester dat voldoende gefocust is op competitiviteit. Op een economisch kerkhof valt immers geen sociale welvaart te bouwen!Andere struikelblokken in het verslag zijn bijvoorbeeld nog: de oproep tot een EU-brede kindergarantie; de kritiek op atypische arbeidsvormen; de oproep tot een snelle goedkeuring van de richtlijn betreffende het evenwicht tussen werk en privéleven en het aandringen op een Europees initiatief inzake sociale bescherming en diensten voor mantelzorgers.
The use of Facebook users’ data by Cambridge Analytica and the impact on data protection (B8-0480/2018) NL
De privacy van de burger is voor N-VA van essentieel belang, ook online. Onze fractie was dan ook geschokt toen de datalekken bij Facebook aan het licht kwamen. De resolutie over Facebook die in het Parlement werd aangenomen, was een goede manier om te laten zien dat we ook in Europa genoeg hebben van zulke praktijken. N-VA steunde de resolutie.Helaas zijn er enkele problematische elementen opgenomen in de resolutie die hier niet thuishoren. Zo vraagt de resolutie een opschorting van het privacyschild tussen de Europese Unie en de Verenigde Staten van Amerika zonder een serieus alternatief te bieden. Dit zou resulteren in minder gegevensbescherming voor onze burgers. Ook roept men ertoe op om nationale verkiezingswetten aan te passen, wat indruist tegen het subsidiariteitsbeginsel. De digitale wereld brengt veel nieuwe uitdagingen met zich mee. N-VA onderstreept de nood aan precieze maatregelen om misbruiken in deze wereld tegen te gaan. Bij het opmaken van deze maatregelen moeten we echter gefocust blijven. Elementen die hier niet thuishoren, moeten we elders kunnen bespreken. Alleen zo kunnen we effectieve aanbevelingen en wetgeving maken.
Provision of audiovisual media services (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) NL
De N-VA-delegatie heeft tegen voorliggend dossier gestemd. Inspanningen die minderjarigen extra bescherming bieden tegen mogelijk schadelijke invloeden via audiovisuele media, kunnen wij volmondig steunen. We verwelkomen ook dat bij het vastleggen van de regels rond audiovisuele mediadiensten rekening wordt gehouden met nieuwe marktspelers zoals diensten voor video-op-aanvraag.Tegelijkertijd hechten we veel belang aan het subsidiariteitsbeginsel. Cultuur en media blijven bevoegdheden van de lidstaten. Het vastleggen van reclameduurtijd, regels over sponsoring of product placement in televisieprogramma's en voorschriften inzake de totale uitzendtijd van advertenties of teleshopping hoort niet thuis op Europees niveau. Tevens neigt de verplichting voor diensten op aanvraag om 30 % van de catalogus uit Europese producties te laten bestaan, naar digitaal protectionisme. Voor ons is het belangrijk dat particuliere digitale bedrijven vrij kunnen ondernemen. Het opleggen van Europese quota belemmert dat en levert geen garantie voor kwaliteitsvolle producties.
Protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and free movement of such data (A8-0313/2017 - Cornelia Ernst) NL
N-VA stemt tegen dit verslag omdat het dreigt de strijd tegen criminaliteit en terrorisme te bemoeilijken. Dit betekent echter niet dat N-VA de bescherming van persoonsgegevens niet hoog in het vaandel draagt. Persoonsgegevens moeten uiteraard streng worden beschermd door zowel bedrijven als overheidsinstellingen. Maar wethandhavingsinstanties zoals Eurojust en Europol moeten ook in staat blijven om de veiligheid van Europese burgers te garanderen. Zij moeten effectief kunnen optreden tegen veiligheidsdreigingen. Voorlopig maakt het verslag nog een uitzondering voor deze twee instanties. De verklaringen van de Commissie maken echter duidelijk dat deze uitzondering maar tijdelijk van aard is en dat ze hen uiteindelijk aan de algemene databeschermingsregels wil onderwerpen. Een blinde onderwerping van alle Europese instellingen aan de algemene gegevensbeschermingsregels brengt een te groot risico met zich mee om niet meer efficiënt te kunnen optreden tegen criminaliteit en terrorisme.
The situation in Hungary (A8-0250/2018 - Judith Sargentini) NL
De Europese Unie is een Unie van gedeelde waarden. De N-VA verdedigt die waarden. Ook wanneer we daarbij partijen terecht moeten wijzen die in onze Europese fractie zetelen. Dat bewijzen we, met onze steun voor de opstart van een Europese procedure tegen Polen. De N-VA blijft ook de vinger op de wonde leggen in het Catalaans-Spaanse conflict.Wie tot de Europese club wil behoren, moet namelijk de regels volgen. Dit geldt voor elke lidstaat. Als er op dat vlak negatieve signalen uit Hongarije komen, moeten Europese procedures opgestart kunnen worden. De Europese Commissie moet daarbij de lijnen met Hongarije openhouden, om hen op die Europese regels en verplichtingen te wijzen. Deze verantwoordelijkheid rust zo mogelijk nog meer op de schouders van de EVP-fractie, waarin de partij van premier Viktor Orbán zetelt.De artikel 7-procedure is het ultieme middel om ervoor te zorgen dat de rechtsstaat in heel Europa gerespecteerd wordt. Dit middel mag niet misbruikt worden voor louter partijpolitieke doeleinden. Daarom betreuren wij het dat dit verslag van Judith Sargentini, Europarlementslid voor GroenLinks, de artikel 7-procedure uitholt door een specifieke maatschappijvisie op te dringen, gekenmerkt door links sociaal-economisch beleid en laks migratiebeleid. Daarom onthoudt de N-VA-delegatie zich van stemming over dit verslag.
European Solidarity Corps (A8-0060/2018 - Helga Trüpel) NL
Het Europees Solidariteitskorps is een nieuw initiatief van de Europese Unie dat jongeren de kans biedt om in eigen land of elders in Europa vrijwilligerswerk te gaan doen of mee te werken aan projecten die mensen en gemeenschappen helpen. Voor de periode van 1 januari 2021 tot en met 31 december 2027 stelt de Europese Commissie een totale begroting voor het Europees Solidariteitskorps voor van 1,26 miljard in lopende prijzen. De N-VA stelt zich vragen bij de toegevoegde waarde van een Europees solidariteitskorps. De N-VA is sterk voorstander van vrijwilligerswerk, maar er is geen duidelijke reden om dat op Europees niveau te organiseren. Het verschil met het initiatief Europees vrijwilligerswerk is bovendien niet duidelijk. De N-VA heeft daarom tegen dit verslag gestemd.
Measures to prevent and combat mobbing and sexual harassment at the workplace, in public spaces, and in political life in the EU (A8-0265/2018 - Pina Picierno) NL
De N-VA-delegatie onthield zich van stemming over dit verslag. Enerzijds schaart zij zich volledig achter de boodschap van het verslag: seksuele intimidatie en pesterijen op de werkvloer zijn simpelweg onaanvaardbaar! Gelijke kansen garanderen en discriminatie bestrijden zijn een opdracht van elke dag en voor iedereen. Er moet voorts aandacht zijn voor alle diverse doelgroepen. Dit geldt voor alle genders en dus ook voor vrouwen. Anderzijds betreurt N-VA het dat het verslag herhaaldelijk de bevoegdheidsverdeling tussen de Europese Unie en de lidstaten miskent. Bijzondere struikelblokken zijn daarbij de oproep tot een snelle goedkeuring van de herziening van de richtlijn schriftelijke verklaringen alsook tot het deblokkeren van de richtlijn vrouwelijke bestuurders. N-VA had tot slot meer aandacht willen zien voor LGBTI en mensen met een beperking.
Adequacy of the protection afforded by the EU-US Privacy Shield (B8-0305/2018) NL
De N-VA stemde tegen de resolutie over het EU-VS Privacy Shield. De resolutie verklaart het instrument voor de persoonlijke databescherming van onze Europese burgers inadequaat. Ook legt het aan de VS een arbitraire deadline op (1 september 2018) om te voldoen aan alle voorwaarden van de overeenkomst. Diegenen die deze resolutie steunden, beseffen niet dat we nu slechter af zijn. Meer dan 3 000 bedrijven zijn deel van het Privacy Shield. Deze bedrijven hanteren een strengere gegevensbescherming dat wat de Amerikaanse wet hen oplegt. Zonder het Privacy Shield is er minder gegevensbescherming voor onze Europese burgers en worden ook onze kmo’s geraakt. Burgers zullen minder verhaalrechten hebben omdat de Ombudspersoon verdwijnt. Europa zal moeilijker kunnen controleren of gegevensoverdrachten wel correct verlopen. Er is dus meer risico op misbruik van Europese gegevens. Kmo’s zullen daarbovenop moeilijker kunnen wedijveren met grote multinationals door de hoge kosten van bilaterale beschermingscontracten. Ook al heeft Amerika nog werk aan de winkel in het implementeren van alle voorwaarden van het Shield, onze burgers en kmo’s zijn beter af mét de bescherming van het Privacy Shield dan zonder.
Enforcement requirements and specific rules for posting drivers in the road transport sector (A8-0206/2018 - Merja Kyllönen) NL
De N-VA-delegatie kan deze verslagen van het zogenaamde sociale luik van het mobiliteitspakket niet steunen. Zij verwelkomt een verstrenging van de vestigingseisen voor vervoersondernemingen in de strijd tegen postbusondernemingen, en is tevreden dat cabotage niet verder wordt geliberaliseerd. Ook deelt zij de mening dat chauffeurs de keuze moeten hebben om hun wekelijkse rusttijd door te brengen op speciaal daarvoor uitgeruste parkings. Onaanvaardbaar voor de N-VA is evenwel dat internationaal transport geheel wordt uitgesloten van de detacheringsregels. Gelijk loon voor gelijk werk blijft ons strijdpunt, zeker ook in de transportsector. Zolang we dit niet afdwingen, zullen we sociale dumping en oneerlijke concurrentie niet uitroeien. Het Parlement moet zijn huiswerk opnieuw maken, en dit zal inderdaad kostbare tijd vragen. Inmiddels blijven de chauffeurs in de kou staan. De N-VA heeft hiervoor nadrukkelijk gewaarschuwd toen de algemene detacheringsrichtlijn en de lex specialis voor de transportsector werden losgekoppeld. Het Parlement moet nu alles op alles zetten om te vermijden dat onze chauffeurs met lege handen achter blijven.
Adapting to development in the road transport sector (A8-0204/2018 - Ismail Ertug) NL
De N-VA-delegatie kan deze verslagen van het zogenaamde sociale luik van het mobiliteitspakket niet steunen. Zij verwelkomt een verstrenging van de vestigingseisen voor vervoersondernemingen in de strijd tegen postbusondernemingen, en is tevreden dat cabotage niet verder wordt geliberaliseerd. Ook deelt zij de mening dat chauffeurs de keuze moeten hebben om hun wekelijkse rusttijd door te brengen op speciaal daarvoor uitgeruste parkings. Onaanvaardbaar voor de N-VA is evenwel dat internationaal transport geheel wordt uitgesloten van de detacheringsregels. Gelijk loon voor gelijk werk blijft ons strijdpunt, zeker ook in de transportsector. Zolang we dit niet afdwingen, zullen we sociale dumping en oneerlijke concurrentie niet uitroeien. Het Parlement moet zijn huiswerk opnieuw maken, en dit zal inderdaad kostbare tijd vragen. Inmiddels blijven de chauffeurs in de kou staan. De N-VA heeft hiervoor nadrukkelijk gewaarschuwd toen de algemene detacheringsrichtlijn en de lex specialis voor de transportsector werden losgekoppeld. Het Parlement moet nu alles op alles zetten om te vermijden dat onze chauffeurs met lege handen achter blijven.
Opening of negotiations for an EU-Jordan Agreement on the exchange of personal data for fighting serious crime and terrorism (A8-0232/2018 - Claude Moraes) NL
Op woensdag 4 juli 2018 werden de resoluties over het sluiten van overeenkomsten tussen de EU en derde landen voor informatie-uitwisseling in het kader van de strijd tegen terrorisme en georganiseerde misdaad goedgekeurd. Mijn fractie steunt alle acht resoluties. Wij zijn van mening dat de samenwerking met deze landen in het Midden-Oosten en Noord-Afrika van strategisch belang is. Volgens de Europol-strategie 2016-2020 zijn deze regio's een prioriteit om sterke partnerschappen mee te sluiten. Samenwerking met deze acht landen is noodzakelijk om criminele fenomenen zoals terrorisme, migrantensmokkel, illegale handel in vuurwapens, cybercriminaliteit en namaak van goederen aan te pakken. We streven naar succesvolle onderhandelingen. Indien zij voldoende gegevensbeschermingswaarborgen bieden, zal de uitwisseling van persoonsgegevens het opsporen, onderzoeken en vervolgen van criminelen en terroristen vergemakkelijken. Het sluiten van dergelijke partnerschappen zal Europol de nodige instrumenten bieden om een beter en veiliger Europees terrorisme-en strafrechtelijk beleid te hanteren.
Opening of negotiations for an EU-Turkey Agreement on the exchange of personal data for fighting serious crime and terrorism (A8-0233/2018 - Claude Moraes) NL
Op woensdag 4 juli 2018 werden de resoluties over het sluiten van overeenkomsten tussen de EU en derde landen voor informatie-uitwisseling in het kader van de strijd tegen terrorisme en georganiseerde misdaad goedgekeurd. Mijn fractie steunt alle acht resoluties. Wij zijn van mening dat de samenwerking met deze landen in het Midden-Oosten en Noord-Afrika van strategisch belang is. Volgens de Europol-strategie 2016-2020 zijn deze regio's een prioriteit om sterke partnerschappen mee te sluiten. Samenwerking met deze acht landen is noodzakelijk om criminele fenomenen zoals terrorisme, migrantensmokkel, illegale handel in vuurwapens, cybercriminaliteit en namaak van goederen aan te pakken. We streven naar succesvolle onderhandelingen. Indien zij voldoende gegevensbeschermingswaarborgen bieden, zal de uitwisseling van persoonsgegevens het opsporen, onderzoeken en vervolgen van criminelen en terroristen vergemakkelijken. Het sluiten van dergelijke partnerschappen zal Europol de nodige instrumenten bieden om een beter en veiliger Europees terrorisme-en strafrechtelijk beleid te hanteren.
Opening of negotiations for an EU-Israel Agreement on the exchange of personal data for fighting serious crime and terrorism (A8-0235/2018 - Claude Moraes) NL
Op woensdag 4 juli 2018 werden de resoluties over het sluiten van overeenkomsten tussen de EU en derde landen voor informatie-uitwisseling in het kader van de strijd tegen terrorisme en georganiseerde misdaad goedgekeurd. Mijn fractie steunt alle acht resoluties. Wij zijn van mening dat de samenwerking met deze landen in het Midden-Oosten en Noord-Afrika van strategisch belang is. Volgens de Europol-strategie 2016-2020 zijn deze regio's een prioriteit om sterke partnerschappen mee te sluiten. Samenwerking met deze acht landen is noodzakelijk om criminele fenomenen zoals terrorisme, migrantensmokkel, illegale handel in vuurwapens, cybercriminaliteit en namaak van goederen aan te pakken. We streven naar succesvolle onderhandelingen. Indien zij voldoende gegevensbeschermingswaarborgen bieden, zal de uitwisseling van persoonsgegevens het opsporen, onderzoeken en vervolgen van criminelen en terroristen vergemakkelijken. Het sluiten van dergelijke partnerschappen zal Europol de nodige instrumenten bieden om een beter en veiliger Europees terrorisme-en strafrechtelijk beleid te hanteren.
Opening of negotiations for an EU-Tunisia Agreement on the exchange of personal data for fighting serious crime and terrorism (A8-0237/2018 - Claude Moraes) NL
Op woensdag 4 juli 2018 werden de resoluties over het sluiten van overeenkomsten tussen de EU en derde landen voor informatie-uitwisseling in het kader van de strijd tegen terrorisme en georganiseerde misdaad goedgekeurd. Mijn fractie steunt alle acht resoluties. Wij zijn van mening dat de samenwerking met deze landen in het Midden-Oosten en Noord-Afrika van strategisch belang is. Volgens de Europol-strategie 2016-2020 zijn deze regio's een prioriteit om sterke partnerschappen mee te sluiten. Samenwerking met deze acht landen is noodzakelijk om criminele fenomenen zoals terrorisme, migrantensmokkel, illegale handel in vuurwapens, cybercriminaliteit en namaak van goederen aan te pakken. We streven naar succesvolle onderhandelingen. Indien zij voldoende gegevensbeschermingswaarborgen bieden, zal de uitwisseling van persoonsgegevens het opsporen, onderzoeken en vervolgen van criminelen en terroristen vergemakkelijken. Het sluiten van dergelijke partnerschappen zal Europol de nodige instrumenten bieden om een beter en veiliger Europees terrorisme-en strafrechtelijk beleid te hanteren.
Opening of negotiations for an EU-Morocco Agreement on the exchange of personal data for fighting serious crime and terrorism (A8-0238/2018 - Claude Moraes) NL
Op woensdag 4 juli 2018 werden de resoluties over het sluiten van overeenkomsten tussen de EU en derde landen voor informatie-uitwisseling in het kader van de strijd tegen terrorisme en georganiseerde misdaad goedgekeurd. Mijn fractie steunt alle acht resoluties. Wij zijn van mening dat de samenwerking met deze landen in het Midden-Oosten en Noord-Afrika van strategisch belang is. Volgens de Europol-strategie 2016-2020 zijn deze regio's een prioriteit om sterke partnerschappen mee te sluiten. Samenwerking met deze acht landen is noodzakelijk om criminele fenomenen zoals terrorisme, migrantensmokkel, illegale handel in vuurwapens, cybercriminaliteit en namaak van goederen aan te pakken. We streven naar succesvolle onderhandelingen. Indien zij voldoende gegevensbeschermingswaarborgen bieden, zal de uitwisseling van persoonsgegevens het opsporen, onderzoeken en vervolgen van criminelen en terroristen vergemakkelijken. Het sluiten van dergelijke partnerschappen zal Europol de nodige instrumenten bieden om een beter en veiliger Europees terrorisme-en strafrechtelijk beleid te hanteren.
Opening of negotiations for an EU-Lebanon Agreement on the exchange of personal data for fighting serious crime and terrorism (A8-0234/2018 - Claude Moraes) NL
Op woensdag 4 juli 2018 werden de resoluties over het sluiten van overeenkomsten tussen de EU en derde landen voor informatie-uitwisseling in het kader van de strijd tegen terrorisme en georganiseerde misdaad goedgekeurd. Mijn fractie steunt alle acht resoluties. Wij zijn van mening dat de samenwerking met deze landen in het Midden-Oosten en Noord-Afrika van strategisch belang is. Volgens de Europol-strategie 2016-2020 zijn deze regio's een prioriteit om sterke partnerschappen mee te sluiten. Samenwerking met deze acht landen is noodzakelijk om criminele fenomenen zoals terrorisme, migrantensmokkel, illegale handel in vuurwapens, cybercriminaliteit en namaak van goederen aan te pakken. We streven naar succesvolle onderhandelingen. Indien zij voldoende gegevensbeschermingswaarborgen bieden, zal de uitwisseling van persoonsgegevens het opsporen, onderzoeken en vervolgen van criminelen en terroristen vergemakkelijken. Het sluiten van dergelijke partnerschappen zal Europol de nodige instrumenten bieden om een beter en veiliger Europees terrorisme-en strafrechtelijk beleid te hanteren.
Opening of negotiations for an EU-Egypt Agreement on the exchange of personal data for fighting serious crime and terrorism (A8-0236/2018 - Claude Moraes) NL
Op woensdag 4 juli 2018 werden de resoluties over het sluiten van overeenkomsten tussen de EU en derde landen voor informatie-uitwisseling in het kader van de strijd tegen terrorisme en georganiseerde misdaad goedgekeurd. Mijn fractie steunt alle acht resoluties. Wij zijn van mening dat de samenwerking met deze landen in het Midden-Oosten en Noord-Afrika van strategisch belang is. Volgens de Europol-strategie 2016-2020 zijn deze regio's een prioriteit om sterke partnerschappen mee te sluiten. Samenwerking met deze acht landen is noodzakelijk om criminele fenomenen zoals terrorisme, migrantensmokkel, illegale handel in vuurwapens, cybercriminaliteit en namaak van goederen aan te pakken. We streven naar succesvolle onderhandelingen. Indien zij voldoende gegevensbeschermingswaarborgen bieden, zal de uitwisseling van persoonsgegevens het opsporen, onderzoeken en vervolgen van criminelen en terroristen vergemakkelijken. Het sluiten van dergelijke partnerschappen zal Europol de nodige instrumenten bieden om een beter en veiliger Europees terrorisme-en strafrechtelijk beleid te hanteren.
Opening of negotiations for an EU-Algeria Agreement on the exchange of personal data for fighting serious crime and terrorism (A8-0239/2018 - Claude Moraes) NL
Op woensdag 4 juli 2018 werden de resoluties over het sluiten van overeenkomsten tussen de EU en derde landen voor informatie-uitwisseling in het kader van de strijd tegen terrorisme en georganiseerde misdaad goedgekeurd. Mijn fractie steunt alle acht resoluties. Wij zijn van mening dat de samenwerking met deze landen in het Midden-Oosten en Noord-Afrika van strategisch belang is. Volgens de Europol-strategie 2016-2020 zijn deze regio's een prioriteit om sterke partnerschappen mee te sluiten. Samenwerking met deze acht landen is noodzakelijk om criminele fenomenen zoals terrorisme, migrantensmokkel, illegale handel in vuurwapens, cybercriminaliteit en namaak van goederen aan te pakken. We streven naar succesvolle onderhandelingen. Indien zij voldoende gegevensbeschermingswaarborgen bieden, zal de uitwisseling van persoonsgegevens het opsporen, onderzoeken en vervolgen van criminelen en terroristen vergemakkelijken. Het sluiten van dergelijke partnerschappen zal Europol de nodige instrumenten bieden om een beter en veiliger Europees terrorisme-en strafrechtelijk beleid te hanteren.
Monitoring the application of EU law 2016 (A8-0197/2018 - Kostas Chrysogonos) NL
De N-VA-delegatie stemde tegen dit verslag over controle op de toepassing van het EU-recht in 2016. Hoewel zij tevreden is met de aandacht voor de beginselen van bevoegdheidstoedeling, subsidiariteit en evenredigheid, bevat het verslag enkele grote struikelblokken.Zo is het voor N-VA geheel onaanvaardbaar dat een taalvereiste in scholen of bij de overheid een verboden beperking zou zijn op het vrij verkeer. Verder betreurt zij de oproep om aan het Europees Parlement "basiscontrole te geven over belangrijke beslissingen die gevolgen hebben voor de EU, de lidstaten en haar burgers, zoals besluiten over nationale begrotingen en hervormingen". Ook meent N-VA dat het oprichten van een "EU-mechanisme voor democratie, de rechtsstaat en grondrechten" in eerste instantie een bevoegdheid is van de Raad en niet van het Europees Parlement.
Gender equality and women's empowerment: transforming the lives of girls and women through EU external relations 2016-2020 (A8-0167/2018 - Linda McAvan, Dubravka Šuica) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag. Zij verdedigt met overtuiging de gelijkheid tussen alle genders. Geweld tegen vrouwen – in welke vorm dan ook – kan niet worden getolereerd. N-VA eist voorts respect voor seksuele en reproductieve rechten, en veroordeelt de herinstelling van de 'global gag rule'.Tegelijkertijd wil N-VA niet blind zijn voor de zwaktes van het verslag. Zo betreurt zij de oproep tot genderbudgettering van de EU-begroting. Dit is geen passende maatregel ter realisatie van (gender)gelijkheid (voor eenieder). Ook meent N-VA dat extern beleid een hefboomfunctie vervult voor gendergelijkheid, maar onderstreept dat de EU hierin in de eerste plaats een voorbeeldfunctie heeft te vervullen.
Responding to petitions on tackling precariousness and the abusive use of fixed-term contracts (B8-0238/2018) NL
De N-VA-delegatie stemde tegen deze resolutie. N-VA verdedigt met overtuiging de flexibilisering van de arbeidsmarkt. Flexibele arbeidscontracten hebben immers een groot potentieel om mensen aan de slag te krijgen of terug aan werk te helpen, en werk is nog steeds de beste sociale bescherming. De toename van atypische arbeidscontracten is dus geenszins een gevolg van falend beleid, zoals dit verslag onterecht voorhoudt. Uiteraard geldt wel – zoals steeds – dat misbruiken niet mogen worden getolereerd.
Posting of workers in the framework of the provision of services (A8-0319/2017 - Elisabeth Morin-Chartier, Agnes Jongerius) NL
De N-VA-delegatie onthield zich bij de stemming over deze nieuwe detacheringsregels. Zij verwelkomt dat gedetacheerde werknemers voortaan hetzelfde loon moeten krijgen als hun lokale collega's. Dit is een essentieel onderdeel van eerlijke concurrentie tussen werknemers. Tegelijk wijst N-VA erop dat gedetacheerde werknemers hun socialezekerheidsbijdragen nog steeds betalen in hun land van oorsprong. De Vlaamse werknemer blijft dus de concurrentieslag verliezen.N-VA betreurt verder dat de transportsector buiten het akkoord werd gehouden. Als sectorale wetgeving uitblijft, staan chauffeurs dus volledig in de kou. Voor hen geldt het principe van 'gelijk loon voor gelijk werk op dezelfde plaats' dus nog niet.Tot slot vindt N-VA de inkorting van de detacheringsduur tot 18 maanden slechts een bescheiden stap in de goede richting voor risicosectoren. Voor deze sectoren, zoals de bouw- en schoonmaaksector, verdedigde N-VA met overtuiging een maximumduur van 6 maanden. Dit had het misbruik echt kunnen aanpakken. Anderzijds wijst N-VA op de nevenschade die 12 + 6 maanden in niet-risicosectoren kan berokkenen. Detacheringen kunnen wel degelijk langer duren dan 18 maanden, zonder daarom per definitie frauduleus te zijn. Voor deze langere detacheringen – bijvoorbeeld binnen een ondernemingsgroep – worden nu nieuwe obstakels opgetrokken. Dit komt onze kleine, maar open en exportgerichte Vlaamse economie evenmin ten goede.
The 2017 EU Justice Scoreboard (A8-0161/2018 - Jytte Guteland) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag. Zij onderstreept het belang van de rechtsstaat en de principes die hieraan ten grondslag liggen, zoals de onafhankelijkheid van de rechterlijke macht en het recht op een eerlijk proces. N-VA benadrukt tegelijkertijd de procedurele autonomie van de lidstaten. Waar benchmarking zeker zijn nut kan hebben, komt het aan de lidstaten toe te bepalen welke soort procedures zij toepassen en hoe deze zijn ingericht.Voorts meent N-VA dat het oprichten van een 'EU-mechanisme voor democratie, de rechtsstaat en grondrechten' in eerste instantie een bevoegdheid is van de Raad en niet van het Europees Parlement.
Protection of children in migration (B8-0218/2018) NL
Uiteraard moeten niet-begeleide minderjarige migranten beter beschermd worden. Maar we mogen niet blind zijn voor het feit dat in 2017 zo'n 14 738 niet-begeleide illegale minderjarigen in de EU aankwamen. Velen onder hen verdwijnen in het Schengengebied, omdat het Hof van Justitie besliste dat zij overal in de EU asiel mogen aanvragen. Ook na aankomst in de EU, blijven slachtoffers in de klauwen van mensenhandelaars en pooiers die op schandalige wijze misbruik maken van hun kwetsbare positie. Daarom stelde de Commissie onder andere een hervorming van de vingerafdrukkendatabank voor, zodat minderjarigen in uitzonderlijke omstandigheden kunnen worden gedwongen om vingerafdrukken te laten nemen, juist om hen beter te kunnen opvolgen en beschermen.Aan de kern van het probleem wordt in de resolutie echter niets gedaan, namelijk het misbruik van ons asielsysteem en de daarmee gepaard gaande uitbuiting van kinderen. Bepaalde maatregelen in de resolutie steunen wij wél, zoals de snellere aanstelling van voogden en de uitsluiting van personen met een strafblad als begeleiders. Daarom onthield de N-VA zich van stemming.
Media pluralism and media freedom in the European Union (A8-0144/2018 - Barbara Spinelli) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag. Mediavrijheid en -pluralisme zijn hoekstenen van een democratische samenleving. N-VA benadrukt dat overheden een grote verantwoordelijkheid dragen voor het scheppen van een veilig klimaat voor onafhankelijke onderzoeksjournalistiek. Enkel zo kan een staat een ware rechtsstaat zijn. Een overheid die daarentegen zelf actief de persvrijheid aan banden legt, is onaanvaardbaar in de Europese Unie. Dit gaat geheel in tegen de Europese waarden. Het verslag is jammer genoeg overdreven prescriptief, en beperkt zich niet tot de kern van de zaak. Het verliest hierdoor aan kracht, en N-VA betreurt dat. Ook meent N-VA dat het oprichten van een 'EU-mechanisme voor democratie, de rechtsstaat en grondrechten' in eerste instantie een bevoegdheid is van de Raad en niet van het Europees Parlement.
Guidelines for the employment policies of the Member States (A8-0140/2018 - Miroslavs Mitrofanovs) NL
De N-VA-delegatie kan dit verslag niet steunen. We moeten zonder twijfel streven naar een Europa waarin we er allen samen op vooruit gaan. Daar mag geen twijfel over bestaan. Maar dit wil niet zeggen dat Europa zich in de plaats kan stellen van de lidstaten en hun eenheidsworst kan opdringen. Subsidiariteit en evenredigheid zijn erg belangrijke beginselen van het EU-recht. Lidstaten moeten kunnen kijken naar de uitdagingen op de eigen arbeidsmarkt, en een sociaal beleid voeren dat is aangepast aan de behoeften van hun burgers. Een “one-size-fits-all”-aanpak in deze domeinen leidt simpelweg tot een “one-size-fits-none”-resultaat. Het verslag heeft dit inzicht jammer genoeg niet en gaat voorbij aan de grenzen van de Europese bevoegdheid.
Protection of investigative journalists in Europe: the case of Slovak journalist Ján Kuciak and Martina Kušnírová (B8-0186/2018) NL
N-VA steunde de resolutie die betere bescherming eist voor onderzoeksjournalisten in Europa. Deze kwam er naar aanleiding van alweer een brutale moord op een onderzoeksjournalist: de Slowaak Ján Kuciak. Zijn verloofde Martina Kušnírová werd ook vermoord. Hij onderzocht fraude gelinkt aan het Europees Landbouwfonds voor plattelandsontwikkeling en corruptie bij Slowaakse politici. N-VA staat op federaal én Europees vlak achter de bescherming van klokkenluiders zoals Kuciak, mits het begrip van klokkenluider niet wordt uitgehold. Daarom ondersteunden we eerder, op 24 oktober 2017, de resolutie van Rozière niet: het begrip klokkenluider werd daarin te ruim gedefinieerd. Deze INI-resolutie vroeg ook om de instelling van een Europees mechanisme voor democratie, rechtstaat en grondrechten. De delegatie is voorstander van een dergelijk controlemechanisme maar opteerde toch voor onthouding. Het Europees Parlement is immers niet bevoegd om zo’n mechanisme in te stellen.Ten slotte maakt N-VA zich zorgen om de omvang van sommige EU-fondsen. De omvang van de EU-subsidies trekt vaak misbruik en corruptie aan, zoals ook hier weer blijkt. Dit kan uiteraard niet de bedoeling zijn. Een mogelijke oplossing hiervoor zou een gedeeltelijk co-financieringssysteem tussen lidstaten kunnen zijn. Zo houden ze toezicht op elkaar en de manier waarop de subsidies worden gebruikt.
Annual reports 2015-2016 on subsidiarity and proportionality (A8-0141/2018 - Mady Delvaux) NL
De N-VA-delegatie onthield zich van stemming over dit verslag. Subsidiariteit en evenredigheid zijn twee belangrijke basisbeginselen van het EU-recht. Het verslag erkent dit, maar breekt allerminst een lans voor subsidiariteit en evenredigheid. De brexit en de opkomst van extreme partijen hebben aangetoond dat we voor een ander Europa moeten gaan; een Europa dat een draagvlak heeft bij de burgers. Het is daarom spijtig dat het verslag bijvoorbeeld wel spreekt over de groene kaart, maar niet de weg baant voor een rode kaart. Een rode kaart zou nationale en regionale parlementen moeten toestaan Europese wetgeving definitief tegen te houden wanneer deze in strijd is met het subsidiariteitsbeginsel. Het verslag looft echter de status quo en getuigt van een overwegend restrictieve kijk op subsidiariteit.
Gender equality in the media sector in the EU (A8-0031/2018 - Michaela Šojdrová) NL
De N-VA-delegatie onthield zich van stemming over dit verslag. Zij verdedigt met overtuiging de gelijkheid tussen alle geslachten. Seksueel geweld en misbruik kunnen absoluut niet worden getolereerd. Hierin hebben de media een sleutelrol te vervullen, gezien hun verstrekkende invloed op de publieke opinie. Het verslag doet jammer genoeg enkele aanbevelingen die N-VA niet kan steunen, zoals het invoeren van quota in de privésector, de oproep aan de Europese Commissie om de richtlijn vrouwelijke bestuurders te deblokkeren, en het oormerken van EU-financiering voor subprogramma's die zich richten op de vorderingen van vrouwen in de mediasector.
European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2018 (A8-0052/2018 - Krzysztof Hetman) NL
De N-VA-delegatie kan dit verslag niet steunen. N-VA beaamt volmondig dat Europa moet inzetten op structurele hervormingen, sociale investeringen en gezonde overheidsfinanciën. Dit driesporenbeleid is essentieel voor het scheppen van werkgelegenheid en opwaartse sociale convergentie. Problematisch is echter dat het verslag kiest voor een steeds verdergaande uitholling van de sociale bevoegdheden van de lidstaten. N-VA onderstreept dat sociale eenheidsworst niet ten goede komt aan de burgers.Verdere struikelblokken in het verslag zijn in het bijzonder: de roep om een Europees systeem om werkloosheid te herverzekeren, het pleidooi voor (alweer) meer Europese financiële middelen, en de afkeuring van atypische vormen van werk.
Cutting the sources of income for Jihadists - targeting the financing of terrorism (A8-0035/2018 - Javier Nart) NL
N-VA ziet de strijd tegen terrorisme als een topprioriteit. Wij steunen dit verslag, dat de financiering van terroristische organisaties aanpakt. Nationale financiële inlichtingendiensten moeten transactiedata inzamelen en uitwisselen met hun buitenlandse evenknieën. Wij moeten tevens onderzoeken of de analyse van SEPA-data een meerwaarde heeft in Europa of, via uitwisseling, in de VS en moeten nagaan hoe we dit procedé vorm kunnen geven. Ook moeten wij bijvoorbeeld waken over de implementatie van de antiwitwasrichtlijnen. Een doorgedreven controle op de middelen van religieuze centra die gevoelig zijn voor wahabitische retoriek is een must, overeenkomstig de aanbevelingen van de federale onderzoekscommissie terreur.Al deze genoemde problemen en voorgestelde oplossingen neemt Helga Stevens mee in haar werk als auteur van aanbevelingen in de Europese Bijzondere Commissie terrorisme. Islamitische Staat, en andere terreurbewegingen, moeten immers EU-wijd bestreden worden met een multidisciplinaire aanpak. Niet alle elementen in het verslag kunnen wij echter steunen. Zo zijn wij niet te vinden voor een uitgebreid vermogenskadaster. Wij hebben ook onze twijfels over het op de vingers tikken van staten die onderhandelen met terroristen om gevangengenomen burgers te bevrijden.
EU priorities for the 62nd session of the UN Commission on the Status of Women (A8-0022/2018 - Izaskun Bilbao Barandica, Ángela Vallina) NL
De N-VA-delegatie stemde voor dit verslag. N-VA verdedigt met overtuiging de gelijkheid tussen mannen en vrouwen en onderstreept dat dit een constant aandachtspunt moet zijn. Zij verwelkomt de aanbevelingen om discriminatie verder aan te pakken, onder meer door het wegwerken van de loon- en pensioenkloof, de strijd tegen gendergerelateerd geweld en genitale verminking, het verbeteren van de toegang tot onderwijs, de arbeidsmarkt en zelfstandig ondernemerschap, en het scheppen van voorwaarden voor een balans tussen werk en privéleven.N-VA betreurt wel de oproep tot gendermainstreaming van de EU-begroting. Dit is geen passende maatregel ter realisatie van (gender)gelijkheid (voor eenieder). Genderbudgettering kan overigens maar efficiënt zijn wanneer dit gepaard gaat met concrete structurele maatregelen.
Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and international child abduction (A8-0388/2017 - Tadeusz Zwiefka) NL
Dit verslag geeft advies aan de Raad over de hervorming van de Brussel II bis-verordening. Deze wet is een pijler van het internationale privaatrecht dat bevoegde rechters en geldend recht aanduidt indien een geschil aanknopingspunten heeft met meerdere lidstaten.Uit studies bleek dat er problemen opdoken in procedures aangaande ouderlijke verantwoordelijkheid. Denk aan het gezagsrecht over een kind met een Belgische en Spaanse ouder. De hervorming biedt hieraan het hoofd en schaft bijvoorbeeld de exequatur-vereiste af, ook inzake kinderbescherming. Rechterlijke vonnissen uit andere lidstaten worden nu 'geldig' beschouwd zonder extra formele vereisten. Een Europese burger die in een internationale procedure is verwikkeld bespaart zo algauw 2200 euro. Het gaat ook allemaal veel sneller. De belangen van het kind staan daarbij voor de N-VA centraal. De verplichting voor het gerecht om actief een minnelijke oplossing te betrachten kadert daar ook in. De N-VA steunde daarom dit verslag.
Women, gender equality and climate justice (A8-0403/2017 - Linnéa Engström) NL
De N-VA-delegatie kan dit verslag over vrouwen, gendergelijkheid en klimaatverandering niet steunen. Klimaatverandering leidt zonder twijfel tot ernstige problemen, waarbij de positie van de vrouw geenszins mag worden miskend. Het verslag beperkt zich echter niet tot deze kernboodschap, maar komt met een rits aan onwenselijke voorstellen, zoals CO2-quota per persoon, een Europese definitie van 'klimaatrechtvaardigheid' en bindende sociale en milieunormen in handelsovereenkomsten.Het meest problematisch is evenwel dat het verslag de definitie van vluchteling wil uitbreiden tot 'klimaatvluchteling'. Wij zijn het niet eens met een dergelijke uitbreiding van het Verdrag van Genève.
Implementation of the Environmental Liability Directive (A8-0297/2017 - Laura Ferrara) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag. Milieuvervuiling is een sluipend kwaad waarvan de rekening niet moet worden betaald door de volgende generaties. Het is de vervuiler die de door hem veroorzaakte schade moet vergoeden en door daadwerkelijke handhaving dient te worden geresponsabiliseerd. De N-VA hamert op voorgaande principes, maar aarzelt bij de aanpak van het verslag. Zo acht zij het niet redelijk om voor alle milieuschade een foutloze aansprakelijkheid in te stellen. Overigens beoogt het verslag het begrip milieuschade erg breed te herdefiniëren. Ook betreurt de N-VA de oproep voor alweer een nieuw Europees fonds, waarbij onduidelijk is van wie de middelen moeten komen.
Combating sexual harassment and abuse in the EU (RC-B8-0576/2017, B8-0576/2017, B8-0577/2017, B8-0578/2017, B8-0579/2017, B8-0580/2017, B8-0581/2017, B8-0582/2017) NL
De N-VA staat voor een inclusieve samenleving met gelijke rechten en plichten voor iedereen, alsook voor een gelijke kansenbeleid op maat van en met aandacht voor diverse doelgroepen. Dit geldt voor alle genders en zeker voor vrouwen. Seksuele intimidatie en seksueel misbruik zijn simpelweg onaanvaardbaar. Een sterke preventie, ondersteuning van slachtoffers en sanctionering van daders zijn dan ook essentieel. De N-VA steunt daarom graag deze gezamenlijke resolutie. Zij betreurt evenwel dat het verslag geen aandacht schenkt aan LGBTI.
Monitoring the application of EU law 2015 (A8-0265/2017 - Kostas Chrysogonos) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag. De tekst heeft een hoog compromisgehalte, maar de toon zit niet helemaal juist. Zo betreurt de N-VA dat het subsidiariteits- en proportionaliteitsbeginsel geen prominentere rol is toebedeeld. Het verslag dringt daarentegen aan op een strikte handhaving van het EU-burgerschap, in termen van toegang tot sociale zekerheid. In tijden waarin welvaartstoerisme het draagvlak voor de EU danig onder druk zet - zo getuige de brexit - zou meer Eurorealisme welkom zijn. Tot slot onderschrijft de N-VA zonder meer het beginsel van de rechtsstaat. Zij dringt echter erop aan dat dit ten opzichte van iedere lidstaat met dezelfde invulling en strengheid wordt toegepast.
Protection of workers from the risks related to exposure to carcinogens or mutagens (A8-0064/2017 - Marita Ulvskog) NL
De N-VA stemde voor dit verslag. Kanker is doodsoorzaak nummer één onder de werkgerelateerde sterfgevallen. De blootstelling aan kankerverwekkende stoffen verminderen, is dan ook absoluut geen overbodige inspanning. Het verslag breidt het aantal carcinogene stoffen waarvoor bindende grenswaardes worden vastgelegd, fors uit. De voorgestelde grenswaarden zijn bepaald op basis van uitgebreid wetenschappelijk en socio-economisch onderzoek. Overigens wordt in redelijke overgangsperiodes voorzien die de werkgevers in staat moeten stellen zich aan te passen. De N-VA stelt tevreden vast dat de gezondheid van de werknemer primeert, en benadrukt het belang van een veilige en gezonde werkplek.
Fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism (A8-0294/2017 - Soraya Post) NL
Dit verslag is kritisch over EU—inspanningen inzake het integreren van Roma en de bestrijding van zigeunerhaat. Het roept onder andere op tot regularisatiecampagnes ten aanzien van deze bevolkingsgroep en een "mediaopleiding". De N-VA zet stevig in op de integratie van nieuwkomers, niet in het minste op Vlaams niveau, alwaar zich de werkelijke bevoegdheden en instrumenten bevinden. De N-VA veroordeelt haat jegens eender welke bevolkingsgroep, maar kon dit verslag niet steunen.Naast de bedenkelijke oproep om verblijfspapieren te verlenen en journalisten de nodige omkadering te geven, ziet de N-VA vooral problemen met het evenwicht in het verslag. De integratie van Roma in onze maatschappij is een rechten- én plichtenverhaal. Dit verslag gaat quasi uitsluitend over rechten voor Roma en is bijgevolg niet evenwichtig. Bovendien worden er opnieuw heel wat middelen gevraagd uit Europese fondsen, zonder daarbij afdoende rekening te houden met eerdere mislukte EU-investeringen. Een ondoordachte rechtencatalogus waarvoor de Belgische belastingbetaler moet opdraaien, daar passen wij voor.
Legitimate measures to protect whistle-blowers acting in the public interest (A8-0295/2017 - Virginie Rozière) NL
De N-VA-delegatie stemde tegen dit verslag. Klokkenluiders verdienen zonder twijfel een degelijk beschermingsstatuut, maar het verslag vult dit helaas niet op de juiste manier in. Het hanteert een zodanig ruime definitie van de term "klokkenluider" dat een uitholling van het statuut dreigt. De term "klokkenluider" verliest zijn sérieux , en echte klokkenluiders hierdoor hun rechtmatige aanspraak op bescherming.Voorts is het verslag erg onevenwichtig. Werkgevers- en ondernemingsbelangen, waaronder bedrijfsgeheimen, doen er kennelijk niet toe. Zo is het verleggen van de bewijslast van klokkenluider naar werkgever een stap te ver. Ook verzet N-VA zich tegen de oprichting van een Europees orgaan voor klokkenluiders of een Europees fonds voor klokkenluiders. Dit belastinggeld kunnen we op Europees niveau echt wel beter spenderen. Tot slot is er geen rechtsgrond voor de voorgestelde Europese regels.
Minimum income policies as a tool for fighting poverty (A8-0292/2017 - Laura Agea) NL
De N-VA-delegatie stemde tegen dit verslag. Het lapt immers de bevoegdheidsverdeling tussen de EU en de lidstaten compleet aan zijn laars. De N-VA is voorstander van minimuminkomensregelingen, maar benadrukt dat het aan de lidstaten is deze te bepalen. Voorts verzet de N-VA zich tegen de creatie van een Europees fonds "als instrument van cohesiebeleid en Europese solidariteit". Er zijn al voldoende Europese solidariteitsmechanismen.Verdere bezwaren in het verslag zijn bijvoorbeeld nog het veroordelen van de besparingsmaatregelen als veroorzaker van alle ellende, en het afkeuren van een inkorting van de duurtijd van werkloosheidsuitkeringen.
Prison systems and conditions (A8-0251/2017 - Joëlle Bergeron) NL
De N-VA steunde dit verslag niet. Het bevat immers een waslijst aan eisen, waarvan sommige onredelijk zijn, zeker in budgettair moeilijke tijden. We kunnen ons bijvoorbeeld niet vinden in de vraag om gevangenen hun straf te laten uitzitten tijdens hun vakantie of ... overdag thuis. Wat voor ons ook moeilijk verteerbaar is, is de aanbeveling dat zelfs voor minderjarige zware jongens voorzien moet worden in alternatieve straffen. Een dergelijk soft justitieel beleid geeft zware jeugdcriminelen een gevoel van straffeloosheid en doet hen in de armen van salafistische ronselaars belanden, zoals wij dat in de Brusselse Kanaalzone keer op keer zien gebeuren. Ten slotte worden de lidstaten opgeroepen om hun straf(proces)recht te hervormen, terwijl dat een nationale bevoegdheid is.De N-VA steunde wel amendement 1. Dat verslag respecteert de bevoegdheid van de lidstaten inzake de organisatie van hun justitie wel en bevat bovendien een oproep om gevangenissen in het buitenland te bouwen, zoals N-VA-voorzitter Bart De Wever dit reeds voorstelde voor Marokko, voor gevangenen die uit dat derde land afkomstig zijn.
Women’s economic empowerment in the private and public sectors in the EU (A8-0271/2017 - Anna Hedh) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag over de economische empowerment van vrouwen. Zij ijvert sterk voor het wegwerken van barrières opdat vrouwen ten volle en gelijk aan het economische leven kunnen deelnemen. Participatie op de arbeidsmarkt is immers nog altijd het beste middel tegen armoede. Ook komt het de economische groei en de samenleving in haar geheel ten goede. Het verslag erkent dit, maar slaat de bal op enkele punten mis. Zo is flexibel werk geen synoniem voor precair werk, maar kunnen bijvoorbeeld vrijwillige vormen van deeltijdwerk net een goede combinatie van werk en gezin faciliteren. De N-VA is verder geen voorstander van het invoeren van quota in de particuliere sector. Ook betreurt zij dat de besparingsmaatregelen steeds als zondebok worden opgevoerd; lidstaten dragen op het vlak van overheidsuitgaven een grote eigen verantwoordelijkheid. Tot slot wil de N-VA benadrukken dat loonvorming een exclusieve bevoegdheid van de lidstaten is.
The future of the Erasmus+ programme (B8-0495/2017) NL
Deze resolutie evalueert het ERASMUS-programma (voortaan Erasmus+) naar aanleiding van het 30-jarig bestaan ervan. Dankzij Erasmus+ kunnen studenten uit Europese landen naar het buitenland gaan om te studeren. Het is één van de meest succesvolle EU-programma’s, waarvan miljoenen deelnemers de laatste dertig jaar hebben kunnen profiteren om hun kennis en vaardigheden te vergroten. We willen dat in de toekomst blijven organiseren. Op naar de volgende dertig jaar.
A new skills agenda for Europe (A8-0276/2017 - Martina Dlabajová, Momchil Nekov) NL
De N-VA-delegatie stemde voor dit verslag over een nieuwe agenda voor vaardigheden in Europa. In tijden van digitalisering, automatisering en globalisering is het beschikken over de juiste vaardigheden belangrijker dan ooit, zowel voor het individu als voor de samenleving in haar geheel. Investeren in menselijk kapitaal is essentieel als we het concurrentievermogen van de EU duurzaam op peil willen houden. Het verslag benadrukt het grote belang van ondernemerschap voor het behoud van onze welvaart. De N-VA is tevreden met deze focus op het benutten en activeren van menselijk kapitaal. Ook erkent het verslag de primaire bevoegdheid van de lidstaten om hun onderwijs- en opleidingsstelsels in te richten. Het verslag slaat echter de bal mis waar het stelt dat vluchtelingen prioritaire toegang tot validatieregelingen moeten hebben. Dit steunt de N-VA uiteraard niet. Alles bij elkaar is het echter een goed en gebalanceerd verslag, dat de juiste (en noodzakelijke) stappen wil zetten in het dichten van de vaardighedenkloof.
Academic further and distance education as part of the European lifelong learning strategy (A8-0252/2017 - Milan Zver) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag over academische bijscholing en afstandsonderwijs. Zij erkent absoluut het belang (en de noodzaak) van 'een leven lang leren', en de flexibiliteit die dit vraagt. Zo is afstandsonderwijs essentieel voor het geven van nieuwe (carrière)kansen aan bepaalde groepen. Denken we bijvoorbeeld aan vrouwen die studeren, werken en een gezin proberen te combineren. Hierin ligt veel potentieel. Digitalisering zorgt verder voor heel wat kansen, maar ook uitdagingen. Investeren in 'een leven lang leren' moet het antwoord zijn, met bijzondere aandacht voor onze oudere werknemers. De N-VA-delegatie meent echter dat de middelen schaars zijn en gericht moeten worden ingezet. Zij kant zich daarom bijv. tegen het aanbieden van afstandsonderwijs aan 'vluchtelingen' wereldwijd.
Fight against fraud to the Union's financial interests by means of criminal law (A8-0230/2017 - Ingeborg Gräßle, Juan Fernando López Aguilar) NL
N-VA stemde voor deze richtlijn die financiële wantoestanden met Europees geld bestrijdt met sancties. Ongeveer 14 % van de btw-inkomsten in de Unie lekt weg. In 2014 was het verschil tussen de verwachte inkomsten en de eigenlijke ontvangsten 159 miljard euro, wat ongeveer gelijk is aan de omvang van de jaarlijkse EU-begroting. Het aandeel btw-fraude wordt daarbij op 50 miljard euro geraamd. Niet alle lidstaten zetten even hard in op de bestrijding van deze grootschalige fraude, die bovendien van nature grensoverschrijdend en moeilijk te bestrijden is. Daarom zijn er goede afspraken nodig binnen een gecoördineerd Europees beleid, waarbij voldoende snel gehandeld kan worden. Georganiseerde criminele groeperingen die aan grensoverschrijdende fraude doen, zullen onder meer dankzij deze richtlijn makkelijker kunnen worden aangepakt. In het voordeel van de belastingbetaler. Een voorbeeld van EU-beleid dat toegevoegde waarde oplevert. Deze richtlijn bepaalt tenslotte ook eindelijk de bevoegdheden van het veelbesproken Europees Openbaar Ministerie (EOM). Dat debat kan nu met kennis van zaken worden gevoerd.
Limitation periods for traffic accidents (A8-0206/2017 - Pavel Svoboda) NL
De N-VA-delegatie stemde tegen dit verslag dat voor de harmonisering van de verjaringstermijnen pleit bij grensoverschrijdende ongevallen. Zij wijst hiertoe o.m. op de rol van het (reeds bestaande) internationaal privaatrecht, de procedurele autonomie van de lidstaten alsook de incoherentie die dit in het nationale recht zou veroorzaken.
Working conditions and precarious employment (A8-0224/2017 - Neoklis Sylikiotis) NL
De N-VA-delegatie stemde tegen dit verslag over arbeidsomstandigheden en onzeker werk. Fundamenteel problematisch is dat het verslag geen onderscheid maakt tussen illegaal werk en atypische arbeidscontracten, waaronder tijdelijk en deeltijdwerk. Waar de eerste soort – denk bijv. aan zwartwerk en schijnzelfstandigheid – krachtdadig moet worden aangepakt, is de tweede soort volgens N-VA zeer waardevol. Flexibilisering van de arbeidstijd kan immers zeer nuttig zijn voor een bepaalde groep mensen. Zo kunnen jongeren een eerste werkervaring opdoen (al dan niet gecombineerd met hun studies), kunnen ouders werk en gezinstaken beter combineren en kunnen langdurig werklozen makkelijker terug aan het werk. Dit inzicht is voor N-VA essentieel.Een positieve noot in het verslag is wel de oproep aan de Commissie om de herziening van de detacheringsrichtlijn voort te zetten, inclusief het beginsel van gelijk loon voor gelijk werk op dezelfde plaats. Ondanks haar stem tegen het verslag is dit een eis die N-VA ten volle onderschrijft.
The need for an EU strategy to end and prevent the gender pension gap (A8-0197/2017 - Constance Le Grip) NL
De N-VA-delegatie onthield zich bij stemming over het Le Grip-verslag dat een EU-strategie suggereert tot beëindiging en preventie van de genderpensioenkloof. Het wegwerken van ongelijkheden tussen mannen en vrouwen is essentieel. Dat staat voorop.Het verslag kiest echter jammer genoeg voor een totaal verkeerde aanpak. Zo veroordeelt het op bijdragen gebaseerde pensioenen en pensioenstelsels met meerdere pijlers, en pleit het simpelweg voor meer overheid. N-VA gelooft daarentegen sterk in het minder financieel kwetsbaar en onafhankelijk maken van mensen. Daarom moeten we blijven werken aan gendergelijkheid in onderwijs en toegang tot de arbeidsmarkt, en aan een goede balans tussen werk en privéleven voor zowel mannen als vrouwen (o.a. met de gelijkstelling van periodes van zorgverlof).Wie echter pleit voor een pensioen dat losstaat van de loopbaan, schuift de rekening door naar de volgende generaties. Is het dan dát wat het verslag verstaat onder (intergenerationele) solidariteit?
Cross-border mergers and divisions (A8-0190/2017 - Enrico Gasbarra) NL
Als N-VA hebben we ons van stemming onthouden bij het Gasbarra-initiatiefverslag over de tenuitvoerlegging van grensoverschrijdende fusies en splitsingen. Positief is de doelstelling om administratieve kosten (red tape ) verder weg te werken. Ook al wat kan bijdragen tot de aanpak van sociale dumping juicht N-VA toe.Het verslag gaat jammer genoeg echter te ver. Zo pleit het voor een “alomvattend rechtskader voor bedrijfsmobiliteit op Europees niveau” en “maximale harmonisatie, met name wat betreft de procedurele normen, de rechten van de actoren van het bedrijfsbestuur [...]”. Deze ambities stroken helaas niet met het subsidiariteits- en proportionaliteitsbeginsel.
Protection of vulnerable adults (A8-0152/2017 - Joëlle Bergeron) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag. Zij drukt haar steun uit voor een versterkte justitiële samenwerking betreffende de bescherming van kwetsbare volwassenen. Ook kwetsbare volwassenen moeten immers optimaal gebruik kunnen maken van hun recht op vrij verkeer in de EU. De N-VA betreurt evenwel in het bijzonder de definitie van kwetsbare volwassenen. Een kwetsbare volwassene is niet noodzakelijk geheel in het onvermogen zijn wil kenbaar te maken. De definitie negeert dit. Zo komt de nadruk te veel te liggen op handelingsonbekwaamheid, terwijl de N-VA – overeenkomstig het Verdrag inzake de rechten van personen met een handicap – de voorkeur geeft aan ondersteuning ter uitoefening van handelingsbekwaamheid.
Combating anti-semitism (B8-0383/2017, B8-0388/2017) NL
De N-VA heeft zich onthouden bij de stemming over de gezamenlijke resolutie omtrent antisemitisme. Haat(zaaiende taal) ten opzichte van een bepaalde religieuze groep, waaronder de joodse gemeenschap, is niet alleen verwerpelijk maar ook strafbaar. In de resolutie wordt echter opgeroepen om de door de International Holocaust Remembrance Alliance (IHRA) gehanteerde definitie van antisemitisme te steunen. Deze laat volgens onze delegatie te veel ruimte om kritiek op het beleid van de staat Israël als antisemitisch te bestempelen, ook wanneer deze niet gepaard gaat met haat(zaaiende uitingen) of ander ongeoorloofd gedrag ten aanzien van de joodse gemeenschap. Dat gaat voor de N-VA te ver. De N-VA blijft voorts ijveren voor een vreedzaam onderhandelde tweestatenoplossing voor het Israëlisch-Palestijns conflict.
Situation in Hungary (B8-0295/2017, B8-0296/2017) NL
N-VA stemde tegen de gezamenlijke resolutie van de fracties S&D, ALDE, GUE/NGL en Verts/ALE. Het eerbiedigen van de grondrechten in de Unie is cruciaal. Wij zien wel degelijk een meerwaarde in een EU-mechanisme voor verregaande monitoring van mensenrechten, maar niet in de vorm die werd voorgesteld in resolutie A8-0283/2016 van 25/10/2016 (zie ook stemverklaring op dat dossier) en die opnieuw gesuggereerd wordt in de voorliggende resolutie. Ook andere elementen in de gezamenlijke resolutie zijn problematisch voor de N-VA. Met name beschouwt de resolutie terugsturingen door de overheid per definitie als onrechtmatig en veroordeelt ze nationale terreurwetgeving, die in één adem worden betiteld als inbreuken op de mensenrechten die een verwittiging of sanctie rechtvaardigen. De positie van de N-VA bevindt zich dichter bij de in de PPE-resolutie beschreven aanpak. In die tekst wordt aan de Commissie burgerlijke vrijheden, justitie en binnenlandse zaken gevraagd om de zaak verder te onderzoeken en het resultaat daarvan af te wachten om al dan niet te concluderen of flagrante mensenrechtenschendingen kunnen worden vastgesteld. Tot slot roepen wij op om iedere vorm van selectiviteit in de verontwaardiging achterwege te laten en ook soortgelijke kritiek te uiten waar dat nodig is. In het bijzonder kan bijvoorbeeld gewezen worden op de recente ontwikkelingen in Spanje en Catalonië.
European Qualifications Framework for lifelong learning (B8-0298/2017) NL
De N-VA-delegatie onthield zich bij stemming over deze resolutie. Als te verwelkomen punten ziet zij onder meer: het streven naar een beter afstemmen van vaardigheden op de behoeften van de samenleving, het grote belang te investeren in menselijk kapitaal zodat eenieder kansen krijgt en mensen hun volledige potentieel kunnen ontwikkelen, alsook de erkenning dat onderwijs een exclusieve bevoegdheid van de lidstaten is en de specifieke kenmerken van de nationale opleidingssystemen behouden moeten blijven. De N-VA betreurt evenwel de algemene bevinding dat lidstaten onvoldoende inspanningen leveren voor de erkenning van kwalificaties overeenkomstig het Europees kwalificatiekader. Zij wil daarbij benadrukken dat het belangrijk is de verschillende beoordelingssystemen van niet-formeel en informeel leren in stand te houden. Tot slot merkt de N-VA op dat wat betreft kwalificaties die buiten de EU worden verworven, lidstaten steeds de ware competenties moeten kunnen toetsen.
European Year of Cultural Heritage (A8-0340/2016 - Mircea Diaconu) NL
N-VA steunt de instelling van een Europees Jaar voor het cultureel erfgoed in 2018. Cultureel erfgoed omvat onder meer monumenten, opgravingen, tradities, evenals collecties die door musea, bibliotheken en archieven in stand worden behouden en beheerd. Het doel van dit initiatief is de mensen vertrouwd te maken met de Europese geschiedenis en waarden. De financiering gebeurt via een overschrijving van bestaande middelen.
Third countries whose nationals are subject to or exempt from a visa requirement: Ukraine (A8-0274/2016 - Mariya Gabriel) NL
De N-VA-delegatie in het Europees Parlement heeft de visumvrijstelling voor Oekraïne niet gesteund.Het Parlement werd gevraagd om goedkeuring te verlenen aan een visumvrijstelling die onderdanen van Oekraïne vrijstelt van de vereiste om een toeristen- of zakenvisum te hebben. Daardoor kunnen zij vrij naar de Unie afreizen voor maximum 90 dagen in een periode van 180 dagen.Visumvrijstellingen toekennen aan nieuwe landen acht N-VA immers enkel wenselijk indien er een stok achter de deur is, die het mogelijk maakt om die vrijstelling zo nodig te schorsen of zelfs in te trekken bij problemen, zoals bijvoorbeeld een sterke stijging van illegaal verblijf wegens misbruik door criminele organisaties. Een versterkt schorsingsmechanisme is daartoe noodzakelijk, maar de recente hervorming van dat instrument was inadequaat. De algemene verwachting is namelijk dat dit herzien schorsingsmechanisme niet praktisch uitvoerbaar zal blijken.N-VA kan zich dan ook niet vinden in het verder openen van de grenzen voor landen met een risicoprofiel, nu de Unie nog steeds kwetsbaar is voor misbruik.Naar de toekomst toe is het risico immers te hoog, gezien de dreiging vanuit Rusland, dat dit een vluchtelingenstroom wordt. Bovendien blijkt uit het laatste voortgangsrapport dat Oekraïne niet voldoet aan alle voorwaarden, waaronder bijvoorbeeld afdoende anticorruptiemaatregelen.
Women and their roles in rural areas (A8-0058/2017 - Marijana Petir, Maria Lidia Senra Rodríguez) NL
De N-VA stelt de gelijkheid van man en vrouw voorop als een fundamenteel principe van de samenleving, dus ook in landelijke gebieden. In verscheidene delen van dit verslag wordt terecht de soms onzekere situatie aangekaart waarin vrouwen in bepaalde landelijke gebieden in Europa zich bevinden. In dit opzicht is het positief dat in het verslag wordt opgeroepen tot een snelle ratificatie van het Verdrag van Istanbul inzake het voorkomen en bestrijden van geweld tegen vrouwen en huiselijk geweld.In het verslag wordt echter tevens aan de Commissie gevraagd om een voorstel tot richtlijn betreffende geweld tegen vrouwen op tafel te leggen, terwijl het nemen van dergelijke maatregelen onder de bevoegdheden van de lidstaten zou moeten blijven vallen. Bovendien wordt in het verslag meermaals opgeroepen tot genderbudgettering en gendermainstreaming van het Gemeenschappelijk Landbouwbeleid, hoewel beide geen passende maatregelen zijn ter realisatie van (gender)gelijkheid (voor eenieder). Bovendien moet de EU haar schaarse middelen inzetten daar waar deze het meest noodzakelijk zijn. Een ongebreidelde oproep tot meer middelen voor alles wat met gendergelijkheid te maken heeft, zonder dat daaraan concrete structurele maatregelen gekoppeld worden, kan dus geen bijval oogsten. Daarom heeft de N-VA-delegatie in het Europees Parlement zich onthouden bij de stemming over dit verslag.
Obstacles to EU citizens’ freedom to move and work in the Internal Market (B8-0179/2017) NL
De N-VA-delegatie kan deze resolutie niet steunen. De resolutie getuigt immers van een ongebreidelde en verregaande visie op het vrij verkeer van zowel werknemers als (niet-economisch actieve) EU-burgers. Daarmee gaat zij voorbij aan het feit dat welvaartstoerisme ernstig knaagt aan het draagvlak voor de interne markt (getuige ook bijv. de brexit).De N-VA verdedigt daarom ook reeds geruime tijd het principe dat sociale rechten moeten worden opgebouwd. Dit is eveneens cruciaal voor de houdbaarheid van de socialezekerheidsstelsels in de lidstaten. Een resolutie die dergelijk inzicht niet heeft, zet de EU vandaag verder op de helling.
Equality between women and men in the EU in 2014-2015 (A8-0046/2017 - Ernest Urtasun) NL
De N-VA-delegatie heeft tegen dit verslag gestemd.De N-VA staat voor een inclusieve samenleving met gelijke rechten en plichten voor iedereen, alsook voor een gelijkekansenbeleid op maat van en met aandacht voor alle diverse doelgroepen, ook voor vrouwen. Inbreuken op die gelijkheid, zowel op het werk als in de privésfeer, zijn voor ons niet aanvaardbaar.Tegelijkertijd is subsidiariteit belangrijk voor de N-VA. Wij hebben oog voor de verschillende beleidsniveaus en de afbakening van bevoegdheden. Hier gaat het verslag aan voorbij, bijvoorbeeld wat het moederschapsverlof betreft. Ook betreurt N-VA de ongenuanceerde veroordeling van de besparingsmaatregelen.De N-VA-delegatie schaart zich daarentegen wel volop achter de voorkoming en bestrijding van gendergerelateerd geweld, ook in het kader van het Verdrag van Istanbul, aandacht voor LGBTI-thema’s en seksuele en reproductieve rechten.
Equal treatment between men and women in the access to and supply of goods and services (A8-0043/2017 - Agnieszka Kozłowska-Rajewicz) NL
De N-VA-delegatie onthield zich bij stemming over dit verslag. De N-VA staat voor een inclusieve samenleving met gelijke rechten en plichten voor iedereen, alsook voor een gelijkekansenbeleid op maat van en met aandacht voor alle diverse doelgroepen. Dit geldt voor alle genders en in het bijzonder voor vrouwen.Het verslag kent jammer genoeg een aantal minpunten. Zo is het behoorlijk prescriptief ten aanzien van de door de lidstaten te nemen maatregelen (het stelt bijv. dat gratis openbare gezondheidszorg noodzakelijk is, alsook dat de toegang tot de rechter kan worden verbeterd door gratis rechtsbijstand). Verder betreurt de N-VA de vingerwijzing naar de besparingsmaatregelen en flexibel werk. Een sectorspecifieke benadering van gendermainstreaming moet tot slot altijd passend zijn (de N-VA is bijv. geen voorstander van bindende quota en hoedt zich voor verhoogde regeldruk).
EU funds for gender equality (A8-0033/2017 - Clare Moody) NL
Hoewel de N-VA de gelijkheid van mannen en vrouwen als fundamenteel beginsel vooropzet, kan zij het verslag in kwestie niet steunen. De EU moet haar schaarse middelen inzetten waar deze het meest noodzakelijk zijn. Een ongebreidelde oproep tot meer budget voor alles dat met gendergelijkheid te maken heeft, kan dus geen bijval genieten.Gendermainstreaming van de hele EU-begroting is geen passende maatregel om (gender)gelijkheid (voor iedereen) te verwezenlijken. Genderbudgettering kan overigens uitsluitend efficiënt zijn wanneer ze gepaard gaat met concrete structurele maatregelen.
Obligations in the field of visa reciprocity (B8-0173/2017) NL
De VS kent geen vrijstelling toe aan bepaalde Oost-Europese lidstaten. In de resolutie wordt daarom opgeroepen om binnen twee maanden de visumvrijstelling voor Amerikaanse toeristen en zakenmensen te schorsen. Daardoor zouden zij opnieuw een visum moeten aanvragen, en – wat mogelijk erger is – zal de VS ongetwijfeld eenzelfde beleid invoeren, ditmaal ten aanzien van alle EU-lidstaten. De N-VA-delegatie in het Europees Parlement steunde de resolutie dan ook niet. De economische schade voor Vlaanderen, vooral in de horeca- en toerismesector, zou immers enorm zijn. Een juridisch hanengevecht is volgens ons niet de oplossing. De problematiek moet tijdens onderhandelingen worden uitgeklaard, net zoals dat voor Canada gebeurde in de context van de handelsovereenkomst CETA. Het is bijgevolg niet wijs om de clausule in kwestie op dit ogenblik in te roepen, en zo de goede verstandhouding tussen de EU en de VS te schenden.
Civil Law Rules on Robotics (A8-0005/2017 - Mady Delvaux) NL
De N-VA-delegatie onthield zich bij de stemming over dit verslag omdat het zowel goede als minder goede punten bevat.De N-VA steunt de algemene lijn dat robotisering en artificiële intelligentie (AI) grote kansen bieden, maar ook complexe uitdagingen mee zich meebrengen. Op deze uitdagingen moeten beleidsmakers tijdig anticiperen. Zo gaat ze er volledig mee akkoord dat het verslag de denkoefening opstart rond de burgerrechtelijke aansprakelijkheid voor robots en AI. Ook de aandacht voor de gevolgen van robotisering op de arbeidsmarkt is erg terecht. Naar alle waarschijnlijkheid zullen repetitieve jobs grotendeels verdwijnen. Het is daarom essentieel dat de overheid investeert in mensen en het beleid focust op het aanleren van flexibele, creatieve, kritische en digitale vaardigheden.Het verslag bevat echter ook enkele belangrijke knelpunten. Zo steunt N-VA geenszins de oprichting van (alweer) een EU-agentschap. Meer algemeen betreurt zij dat het verslag voor een ‘one-size fits-all’ benadering heeft geopteerd. Robots en AI opereren in erg verschillende sectoren, die zich thans in erg uiteenlopende ontwikkelingsfases bevinden.
European Semester for Economic Policy Coordination: employment and social aspects in the Annual Growth Survey 2017 (A8-0037/2017 - Yana Toom) NL
De N-VA onthield zich bij stemming over het verslag-Toom.N-VA is opgetogen dat het ‘heilzaam driesporenbeleid van investeringen, structurele hervormingen en gezonde overheidsfinanciën’ wordt onderschreven. Terecht ook stelt het verslag dat aan opwaartse sociale convergentie moet worden gewerkt. Respect voor de lidstatelijke bevoegdheden en het subsidiariteitsbeginsel zijn daarbij echter essentieel, alsook een Europees semester dat voldoende gefocust is op competitiviteit. Op een economisch kerkhof valt immers geen sociale welvaart te bouwen!Laten we in het bijzonder nog de volgende knelpunten uitlichten: de idee dat migratie en asiel een oplossing zouden kunnen zijn voor de vergrijzing (asiel en migratie kunnen immers de interne economische tekortkomingen niet oplossen), de vraag om een kindgarantie en meer fondsen voor het jongerenwerkgelegenheidsinitiatief (terwijl de effecten onvoldoende zijn geëvalueerd), en een te kritische houding ten aanzien van atypische en niet-formele arbeidsvormen (terwijl deze belangrijke kansen tot (her-)integratie in de arbeidsmarkt bieden).
Promoting gender equality in mental health and clinical research (A8-0380/2016 - Beatriz Becerra Basterrechea) NL
De N-VA-delegatie heeft tegen dit verslag gestemd.De N-VA staat voor een inclusieve samenleving met gelijke rechten en plichten voor iedereen, alsook voor een gelijkekansenbeleid op maat van en met aandacht voor alle diverse doelgroepen. Dit geldt voor alle genders en in het bijzonder voor vrouwen.Het verslag gaat echter zijn grenzen te buiten. Hoewel het de titel draagt ‘gendergelijkheid in de geestelijke gezondheid en het klinisch onderzoek’, worden er via de achterdeur heel wat andere thema’s aangesneden. Zo krijgt de vluchtelingen- en migratieproblematiek uitgebreid aandacht.Andere zaken in het verslag die N-VA niet kan steunen, zijn bijvoorbeeld ook: het veroordelen van besparingsmaatregelen, het pleiten voor gratis toegang tot gezondheidsdiensten voor werkloze vrouwen en vrouwelijke gepensioneerden met lage inkomens, alsook de globale teneur alsof enkel vrouwen door depressie en mentale aandoeningen zouden worden getroffen. Herhalen we nogmaals dat voldoende aandacht moet uitgaan naar alle genders: vrouwen, mannen en kinderen.We betreuren tot slot dat het subsidiariteitsbeginsel andermaal met voeten wordt getreden.
Priorities for the 61th session of the UN Commission on the Status of Women (A8-0018/2017 - Constance Le Grip, Maria Arena) NL
De N-VA-delegatie onthield zich van de stemming over dit verslag.De N-VA staat voor een inclusieve samenleving met gelijke rechten en plichten voor iedereen, alsook voor een gelijkekansenbeleid op maat van en met aandacht voor alle diverse doelgroepen. Inbreuken op die gelijkheid, zowel op het werk als in de privésfeer, zijn voor ons niet aanvaardbaar.Het verslag bevat verscheidene goede elementen. Zo is N-VA in het bijzonder tevreden met de uitgebreide aandacht die gaat naar het bestrijden van geweld tegen vrouwen. Zij verwelkomt ook de vraag om beleid dat gelijke toegang tot onderwijs voor vrouwen en meisjes bevordert. Als laatste steunt N-VA nadrukkelijk de aanbeveling tot ratificatie en tenuitvoerlegging van het VN-Verdrag inzake de rechten van personen met een handicap, inclusief artikel 6 met het opschrift ‘vrouwen met een handicap’.Het verslag kent evenwel ook mindere elementen. Er wordt bijvoorbeeld opgeroepen tot het toekennen van gelijke sociale rechten aan vrouwelijke vluchtelingen en migranten. Een ander verzoek dat N-VA niet kan steunen, is het toepassen van genderbudgettering op alle overheidsuitgaven.Het is zaak aan structurele oplossingen te werken, waarbij de oorzaken van discriminatie en ongelijkheid worden aangepakt.
Third countries whose nationals are subject to or exempt from a visa requirement: Georgia (A8-0260/2016 - Mariya Gabriel) NL
De N-VA delegatie in het Europees Parlement heeft de visumvrijstelling voor Georgië niet gesteund. Het Parlement werd gevraagd om goedkeuring te verlenen aan een visumvrijstelling die onderdanen van Georgië vrijstelt van de vereiste om een toeristen- of zakenvisum te hebben. Daardoor kunnen zij vrij naar de Unie afreizen voor maximum 90 dagen in een periode van 180 dagen. Visumvrijstellingen toekennen aan nieuwe landen acht N-VA immers enkel wenselijk indien er een stok achter de deur is, die het mogelijk maakt om die vrijstelling zo nodig te schorsen of zelfs in te trekken bij problemen, zoals bijvoorbeeld een sterke stijging van de vertegenwoordiging van de desbetreffende bevolkingsgroep in onze misdaadcijfers. Een versterkt schorsingsmechanisme is daartoe noodzakelijk, maar de recente hervorming van dat instrument was inadequaat. De algemene verwachting is namelijk dat dit herziene schorsingsmechanisme niet praktisch uitvoerbaar zal blijken. N-VA kan zich dan ook niet vinden in het verder openen van de grenzen voor landen met een risicoprofiel, nu de Unie nog steeds kwetsbaar is voor misbruik.
Implementation of Erasmus + (A8-0389/2016 - Milan Zver) NL
De N-VA delegatie spreekt nadrukkelijk haar steun uit voor het Erasmus+ programma. Dit programma geeft mensen de kans om unieke competenties te verwerven, competenties die een grote voorsprong geven op de arbeidsmarkt. Wie een Erasmus-ervaring genoot, vindt makkelijker werk. Investeringen in Erasmus+ zijn dus investeringen die lonen. N-VA pleit er steeds voor dat Europese middelen worden ingezet daar waar zij een reële meerwaarde creëren. Zij steunt derhalve een verbreding van het Erasmus+ programma. Positief in het verslag is verder dat wordt geijverd voor een nauwere samenwerking tussen de onderwijs- en bedrijfswereld. Wanneer onderwijs niet afgestemd is op de behoeften van de arbeidsmarkt, heeft dit immers desastreuze gevolgen voor de groei en het concurrentievermogen. Voorts is N-VA gelukkig met de bijzondere aandacht voor het beroepsonderwijs. Praktijkgerichte opleidingen moeten een eerste, positieve keuze worden, waarbij aan elke leerling passende en voldoende groeikansen worden geboden. Tot slot - en aansluitend - benadrukt N-VA nog het belang van toegankelijkheid. Zo erkent het verslag erg terecht dat personen met een beperking (zoals doven) bijzondere behoeften hebben waardoor passende ondersteuning nodig is (zoals gebarentolken). Op dit vlak doen zich momenteel jammer genoeg nog problemen voor.
Written questions (48)
Force-feeding in foie gras production PDF (100 KB) DOC (19 KB)
RefuReturn project - European assistance from Frontex or other EU agencies PDF (42 KB) DOC (18 KB)
Indexation practices regarding family benefits in certain Member States PDF (6 KB) DOC (18 KB)
Air passengers' rights PDF (5 KB) DOC (17 KB)
Fraud involving use of E 101/A1 documents PDF (102 KB) DOC (18 KB)
Violence employed by the Spanish police in Catalonia PDF (99 KB) DOC (20 KB)
Spain: threat to arrest 712 democratically elected Catalan mayors PDF (197 KB) DOC (19 KB)
Posted workers in France PDF (5 KB) DOC (15 KB)
Medical use of formaldehyde PDF (102 KB) DOC (16 KB)
Turkish referendum on the reintroduction of the death penalty PDF (100 KB) DOC (15 KB)
Exchanges of vehicle data PDF (5 KB) DOC (15 KB)
EU support to Macedonia in protecting the EU's external border PDF (187 KB) DOC (16 KB)
European Pillar of Social Rights PDF (104 KB) DOC (15 KB)
Mobility equipment for passengers with disabilities PDF (193 KB) DOC (17 KB)
Accessibility for air passengers with disabilities PDF (95 KB) DOC (16 KB)
Hearing aid professionals PDF (102 KB) DOC (16 KB)
Social entitlements of nationals of other Member States PDF (103 KB) DOC (15 KB)
European aid to fruit and vegetable growers PDF (102 KB) DOC (17 KB)
Proceedings against German and French minimum wage in the road haulage sector PDF (103 KB) DOC (15 KB)
UNICEF report on unaccompanied minors and reform of Dublin III PDF (103 KB) DOC (16 KB)
Allocation of funds in the framework of the Syrian refugee crisis PDF (102 KB) DOC (16 KB)
Policy on the European Border and Coast Guard Agency PDF (6 KB) DOC (16 KB)
Use of European migration resources in and outside the Union PDF (5 KB) DOC (24 KB)
Safety requirements in air travel and passengers with disabilities PDF (104 KB) DOC (24 KB)
Lack of reply from the Commission to a letter sent by 60 MEPs PDF (194 KB) DOC (25 KB)
Postponement of the revision of the regulation on social security systems (Regulation (EC) No 883/2004) PDF (5 KB) DOC (23 KB)
Revision of the Directive on Posted Workers (Directive 96/71/EC) PDF (103 KB) DOC (24 KB)
Directive 2001/86/EC on the statute for European public limited-liability companies (SEs) and the right to start negotiations in formerly employee-free SEs PDF (104 KB) DOC (25 KB)
Unit for Persons with Disabilities in Commission's DG EMPL PDF (94 KB) DOC (25 KB)
Article 19 UN CRPD - Use of European Structural and Investment Funds PDF (190 KB) DOC (25 KB)
European emergency number 112 and roaming access for disabled people PDF (101 KB) DOC (24 KB)
Optional Protocol to the UN Convention on the Rights of Persons with Disabilities PDF (98 KB) DOC (25 KB)
VP/HR - recent rebellion in Tajikistan PDF (101 KB) DOC (25 KB)
Temporary reintroduction of border controls at internal borders PDF (5 KB) DOC (24 KB)
Access to national social security for recognised refugees PDF (5 KB) DOC (24 KB)
European Disability Card and sign language PDF (5 KB) DOC (24 KB)
Progress made in the implementation of the Recommendation on a Quality Framework for Traineeships PDF (198 KB) DOC (30 KB)
Blue Card Directive for refugees PDF (101 KB) DOC (23 KB)
Timeframe revision mandate FRONTEX PDF (6 KB) DOC (23 KB)
Suggestions of France and Germany on the return and processing of migrants PDF (102 KB) DOC (25 KB)
European card for persons with disabilities PDF (5 KB) DOC (24 KB)
State of play of negotiations on readmission agreement with Morocco PDF (103 KB) DOC (25 KB)
Tackling multiple sclerosis (MS) in Europe PDF (101 KB) DOC (24 KB)
Total ban on the use of languages other than the official language of Bulgaria during election campaigns PDF (197 KB) DOC (29 KB)
Visa liberalisation for Qatar, Kuwait and Oman PDF (102 KB) DOC (24 KB)
ESA standards - tax refunds in objective and subjective court proceedings PDF (103 KB) DOC (24 KB)
Pushbacks at sea, non-refoulement and the Schengen area PDF (104 KB) DOC (24 KB)
Residential institutions in the EU PDF (193 KB) DOC (28 KB)
Written declarations (6)
Amendments (1425)
Amendment 1 #
2018/2103(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and its entry into force in the EU on 21 January 2011 in accordance with Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities,
Amendment 27 #
2018/2103(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the FRA report entitled ‘Violence against women: an EU-wide survey’, published in March 2014, shows that violence against women needs to be tackled in all EU Member States, including those which have not yet ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), given the extent of the problem, the severe consequences of violence and the impact it has on women’s lives as well as on society as a whole; whereas women with disabilities are more likely to suffer domestic violence and sexual assault than women without disabilities;
Amendment 50 #
2018/2103(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Article 21 (1) of the Charter of Fundamental Rights of the European Union states that any discrimination based on grounds such as sex, race, colour, disability, ethnic or social origin, genetic features, languages or membership of a national minority shall be prohibited; whereas migrants, descendants of migrants and members of minority ethnic groups continue to face widespread discrimination across the EU and in all areas of life; whereas, in spite of numerous calls on the Commission, only limited steps have been taken to ensure the effective protection of minorities; whereas persistent racist and xenophobic attitudes are embraced by opinion leaders and politicians across the EU, fostering a social climate that provides fertile ground for racism, discrimination and hate crimes;
Amendment 93 #
2018/2103(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes with concern that the European Disability Forum report entitled “Ending forced sterilisation of women and girls with disabilities” establishes that women with disabilities are still suffering from arbitrary decisions of sterilisation without their knowledge, consent or authorisation;
Amendment 143 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 c (new)
Subheading 1 b (new)–Paragraph 5 c (new)
5c. Calls on the Commission to ensure coordination within its different services with the aim of effectively mainstreaming children’s rights in all EU legislative proposals, policies and financial decisions;
Amendment 144 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 d (new)
Subheading 1 b (new)–Paragraph 5 d (new)
5d. Reiterates that cyberbullying and revenge pornography are new forms of crime online and can have extremely serious impact especially among young people and children. Encourages all Member States to set up future-proofed legislation to address this alarming phenomenon including provisions for removal from social media of harmful content for human dignity within well- defined deadlines in line with the European Parliament resolution of 14 December 2017 on the implementation of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography;
Amendment 165 #
2018/2103(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to invest adequate financial resources to integrate media and information literacy into national education systems and more generally in order to empower children and young people with the tools to use the internet responsibly and avoid possible risks;
Amendment 205 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU Member States should address adequately discriminatory or violent reactions against the schooling of migrant and refugee children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula; to that end, calls on EU Member States to promote inclusive education from an early age in schools;
Amendment 16 #
2018/2067(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 19 #
2018/2067(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
Amendment 20 #
2018/2067(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol and made available to the EDPS at its request; calls for the agreement also to contain a provision obliging the competent authorities of the People’s Democratic Republic of Algeria to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 21 #
2018/2067(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 26 #
2018/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the People’s Democratic Republic of Algeria, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insistsas soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;
Amendment 29 #
2018/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;
Amendment 35 #
2018/2067(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the People’s Democratic Republic of Algeria to other authorities in the People’s Democratic Republic of Algeria can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol;
Amendment 40 #
2018/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 19 #
2018/2066(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 22 #
2018/2066(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
Amendment 23 #
2018/2066(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol and made available to the EDPS at its request; calls for the agreement also to contain a provision obliging the competent authorities of the Arab Republic of Egypt to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 26 #
2018/2066(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 31 #
2018/2066(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Arab Republic of Egypt, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insistsas soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;
Amendment 34 #
2018/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;
Amendment 40 #
2018/2066(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the Arab Republic of Egypt to other authorities in the Arab Republic of Egypt can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol;
Amendment 46 #
2018/2066(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 16 #
2018/2065(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 19 #
2018/2065(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
Amendment 20 #
2018/2065(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol and made available to the EDPS at its request; calls for the agreement also to contain a provision obliging the competent authorities of the Lebanese Republic to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 21 #
2018/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 26 #
2018/2065(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Lebanese Republic, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insistsas soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;
Amendment 29 #
2018/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;
Amendment 35 #
2018/2065(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the Lebanese Republic to other authorities in the Lebanese Republic can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol;
Amendment 40 #
2018/2065(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 16 #
2018/2064(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 19 #
2018/2064(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
Amendment 20 #
2018/2064(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol and made available to the EDPS at its request; calls for the agreement also to contain a provision obliging the competent authorities of the Kingdom of Morocco to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 21 #
2018/2064(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 26 #
2018/2064(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Kingdom of Morocco, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insistsas soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;
Amendment 29 #
2018/2064(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;
Amendment 35 #
2018/2064(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the Kingdom of Morocco to other authorities in the Kingdom of Morocco can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol;
Amendment 40 #
2018/2064(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 16 #
2018/2063(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 19 #
2018/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
Amendment 20 #
2018/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol and made available to the EDPS at its request; calls for the agreement also to contain a provision obliging the competent authorities of Tunisia to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 21 #
2018/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 26 #
2018/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of Tunisia, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insistsas soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;
Amendment 29 #
2018/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;
Amendment 35 #
2018/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of Tunisia to other authorities in Tunisia can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol;
Amendment 40 #
2018/2063(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 18 #
2018/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes note that to date no appropriate impact assessment has been conducted in order to assess in depth the risks posed by transfers of personal data to the State of Israel as regards individuals’ rights to privacy and data protection, but also for other fundamental rights and freedoms protected by the Charter; asks the Commission to carry out an appropriate impact assessment so as to define the necessaryif additional safeguards need to be integrated in the agreement;
Amendment 19 #
2018/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 23 #
2018/2062(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
Amendment 24 #
2018/2062(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol and made available to the EDPS at its request; calls for the agreement also to contain a provision obliging the competent authorities of the State of Israel to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 25 #
2018/2062(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 30 #
2018/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the State of Israel, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insistsas soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;
Amendment 33 #
2018/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;
Amendment 39 #
2018/2062(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the State of Israel to other authorities in the State of Israel can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol;
Amendment 43 #
2018/2062(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the State of Israel compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the State of Israel; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to imposemonitor safeguards on the State of Israel as regards respect for freedom of expression, freedom of religion, human dignity and so forth;
Amendment 45 #
2018/2062(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 22 #
2018/2061(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 27 #
2018/2061(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
Amendment 28 #
2018/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol and made available to the EDPS at its request; calls for the agreement also to contain a provision obliging the competent authorities of the Republic of Turkey to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 29 #
2018/2061(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 35 #
2018/2061(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Republic of Turkey, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insistsas soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;
Amendment 39 #
2018/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;
Amendment 45 #
2018/2061(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the Republic of Turkey to other authorities in the Republic of Turkey can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol;
Amendment 53 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 16 #
2018/2060(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 19 #
2018/2060(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
Amendment 20 #
2018/2060(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol and made available to the EDPS at its request; calls for the agreement also to contain a provision obliging the competent authorities of the Hashemite Kingdom of Jordan to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 21 #
2018/2060(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 26 #
2018/2060(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Hashemite Kingdom of Jordan, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insistsas soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;
Amendment 29 #
2018/2060(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;
Amendment 35 #
2018/2060(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the Hashemite Kingdom of Jordan to other authorities in the Hashemite Kingdom of Jordan can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol;
Amendment 40 #
2018/2060(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 154 #
2018/2046(BUD)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament to be EUR 114 million per year; furthermore, notes the finding from its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions1a that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines; _________________ 1a OJ C 436, 24.11.2016, p. 2.
Amendment 32 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG) and on a bilateral and multilateral basis; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably throughin particular Europol’s European Counter Terrorism Centre (ECTC), and the EU Intelligence and Situation Centre (INTCEN) through which CTG information reaches European policy makers;
Amendment 51 #
2018/2044(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the EU Counter Terrorism Coordinator in accordance with his or her mandate as determined by the European Council ensures the implementation and assessment of the strategy and the coordination of work within in the Union as well as facilitates contact between the Union and third countries; whereas the EU Counter Terrorism Coordinator gives valuable advice to and maintains contact with EU institutions, agencies and Member States;
Amendment 248 #
2018/2044(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas Daesh’s sophisticated web communication strategy of marketing terrorism by glorifying it also offers alternative social and cultural opportunities to followers and design copied fromtakes note of the global ‘youth culture’ such as the popularity of online gaming, and thus has a strong appeal to minors;
Amendment 283 #
2018/2044(INI)
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas, in response to larger companies removing more content and doing so at a greater pace, Daesh is increasingly using new and/or smaller platforms which are less suited to fast removal of terrorist material; whereas this diversification to smaller platforms makes additional technical support essential to enable, for example, the introduction of platform-agnostic automated tools, such as the database of hashes which can identify online terrorist content in advance with a high degree of accuracy and prevent publication;
Amendment 333 #
2018/2044(INI)
Motion for a resolution
Recital AR
Recital AR
AR. whereas decentralised systems and mechanisms for information exchange are managed by the Member States’ authorities and include: the European Criminal Records Information System (ECRIS), for exchanging national criminal record information; the EUnational system for collecting passenger name records (PNR) system requiring airlines to sharepass on passengers’ data withto national authorities for all flights within the EU and between third countries and the EU; the Advance Passenger Information (API) system that collects information on passengers ahead of inbound flights to the EU; and the Prüm framework for exchanging DNA, fingerprints and vehicle registration data;
Amendment 340 #
2018/2044(INI)
Motion for a resolution
Recital AS a (new)
Recital AS a (new)
AS a. whereas Advance Passenger Information (API) is collected only for traffic outside the EU, although there is also a great need for API for traffic within the EU, so that maximum benefit could be drawn from investigations for national PNR systems;
Amendment 387 #
2018/2044(INI)
Motion for a resolution
Recital BC
Recital BC
BC. whereas the UK government has expressed its intention of leaving the EU on 29 March 2019; whereas the EU and the UK are highly interdependent in the area of security and counter-terrorism; whereas both should be able to continue to share, collect and analyse vital operational intelligence in the fight against serious crime on a level at least equivalent to the current one;
Amendment 398 #
2018/2044(INI)
Motion for a resolution
Recital BF
Recital BF
BF. whereas there are differences in the Member States as to the number of competent authorities that can consult the Europol databases or be in contact with Europol without going through the national liaison officers; whereas some Member States lack restricted and safe national police communication networks, preventing their competent authorities from decentralised access, particularly to the Secure Information Exchange Network Application CT- SIENA;
Amendment 421 #
2018/2044(INI)
Motion for a resolution
Recital BL
Recital BL
BL. whereas the Schengen area without internal borders is only sustainable if the external borders are effectively secured , illegal migration to the European Union ceases, and protected and internal security measures are adopted to face the risk of serious crimes;
Amendment 446 #
2018/2044(INI)
Motion for a resolution
Recital BR
Recital BR
BR. whereas the fact that Member States, and more specifically the airport operators on their territory, are not yet obliged to conduct conformity checks on passengers’ personal data on their ticket and ID card or passport or to correct any wrong passenger information that has been sent through, which makes it difficult to ascertain whether the given identity matches the true identity of the person; whereas this is of capital importance for flights within the EU;
Amendment 450 #
2018/2044(INI)
Motion for a resolution
Recital BR a (new)
Recital BR a (new)
BR a. Whereas each Member State invests in a PNR processing system while such investment can only bring benefit if the collected data are sufficiently reliable; whereas this can be optimised through the mandatory collection and sending on of birth dates whereby fewer false-positive results will be recorded, which would also reduce the workload of PIUs and lead to fewer unnecessary passenger checks taking place;
Amendment 485 #
2018/2044(INI)
Motion for a resolution
Recital BW
Recital BW
BW. whereas in certain countries with less developed banking systems the prevalent use of mobile banking services oftenthere are no traditional financial institutions, but the use of mobile payments without bank account numbers, including pre- paid systems, is prevalent, which makes it difficult to identify the beneficiparties of cash transfersconcerned; whereas such transfers of funds by means of mobile banking present high risks for terrorist financing;
Amendment 519 #
2018/2044(INI)
Motion for a resolution
Recital CK
Recital CK
CK. whereas the role of, pursuant to Impact Assessment 8342/18 ADD 2 and the associated proposal of Regulation 2018/0103 (COD), training for customs authorities regarding explosives and explosive precursors at the external border should be better defined, as it currently varies between Member Statesexpanded;
Amendment 523 #
2018/2044(INI)
Motion for a resolution
Recital CN
Recital CN
CN. whereas on online marketplaces chemicals can be found by their written name, their formula, or their Chemical Abstracts Service (CAS) identification number, but in many cases are only listed by their writtengeneric name; whereas there are so many variations to names that it would be easier to identify listings for specific substances if inclusion of a searchable CAS number were also required;
Amendment 653 #
2018/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a considers that the EU Counter- Terrorism Coordinator should continue to play a proactive role in strengthening the EU’s response in the fight against terrorism; insists on a clarification of the status and role of the EU Counter- Terrorism Coordinator as a bridge between competent EU institutions and national agencies;
Amendment 671 #
2018/2044(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to work with the Member States towards more transparency and a common understanding of threat levels; calls on the Member States to swiftly transmit information on the change of the threat level and the rationale behind it;
Amendment 701 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a calls on Member States to jointly build up stocks of essential medicines to treat fist responders and citizens in the case of an attack where chemical, biological, radiological or nuclear material is used, in accordance with Article 24 (5) of EU Directive 2017/541 on combating terrorism;
Amendment 723 #
2018/2044(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that terrorists have been known to start off in petty crime; is concerned that certain Member States’ justice systems have low conviction rates, with inadequate sentences being issued forand that serious crimeinals and radicalised individuals are being punished insufficiently or released prematurely or on parole; therefore encourages Member States to organise their justice systems such as to ensure effective intervention vis- à-vis habitual offenders and sufficient dissuasiveness for such offenderin order to sufficiently dissuade such delinquents and habitual offenders from turning into (radicalised) career criminals;
Amendment 741 #
2018/2044(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the creation of an EU ‘Centre of Excellence for Preventing Radicalisation (CoE PR)’, to be embedded in the Commission with adequate financial and human resources; believes its tasks should include coordination, including of funding, and facilitation of cooperation among Member States, policy-makers, practitioners (by involving former RAN and ESCN structures), exp to ensure cooperation among relevant stakeholderts and researchers in the area of preventing and countering radicalisation, exchange of best practices, lighthouse projects and training, also by partnering with key strategic third countries, through the exchange of best practices, lighthouse projects and training, either to design effective deradicalisation processes or to refute this approach; considers therefore that this centre should also establish methodologies and criteria to evaluate and measure the effectiveness of such programmes and projectsassess such projects, in order to adapt the policy if necessary;
Amendment 753 #
2018/2044(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the European Court of Auditor’s report of 2018 on deradicalisation found that the Commission does not maintain a complete overview of EU-funded measures, and that no indicators or targets for EU funds are used to measure to what extent the approach is successful; calls on the Commission to propose a new financial instrument in the forthcoming MFF for preventing and countering radicalisation, which would streamline resources currently fragmented across different funds and programmes and allow for better coordination and visibility as well as higher impactchieve higher impact according to the criteria developed by the EU ‘Centre of Excellence for Preventing Radicalisation’;
Amendment 758 #
2018/2044(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to adopt comprehensive national and regional strategies for preventing and countering radicalisation, with adequate financial resources for communities and non-state actopartners at local level involved in the creation and implementation of programmes based on these strategies, and calls for a multi- agency approach; stresses that best results are achieved in partnership with local communities;
Amendment 762 #
2018/2044(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 787 #
2018/2044(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and tolerate only ‘practices of Islam’religious practices that are in full accordance with EU values; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities
Amendment 799 #
2018/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to conduct prior screenings of chaplains and to consistently bplackliste any hate preachers on a national blacklist; calls on the Commission to introduce an EU watch list so as to better exchange such national information on radical chaplains;
Amendment 807 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU, with accreditinggive legitimacy only to theological education programmes integrating EU values; invites the Commission and the Member States to develop and fund a network of European religious scholars that can spread - and testify to - practicesvarious initiatives that adhere to and convey an interpretation of Islam that areis compliant with EUpresent-day values;
Amendment 818 #
2018/2044(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 832 #
2018/2044(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Member States to design a legal framework for mosques and places of worship that provides for prior as well as regular follow-up inspections of finances so that such organisations can be vetted if harmful foreign influences are detected; Urges the Member States to close without delay mosques and places of worship and ban associations that do notupon further inspection do not appear to adhere to EU values and incite to terrorist offences, hatred, discrimination or violence;
Amendment 844 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to examine how to ensure that places of worship, education, charities, cultural associations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and howso that data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centranaliysed database, set up with all the appropriate guaranteby the competent authorities;
Amendment 857 #
2018/2044(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to ban and removein as far as possible to ban all religious literature withion their territory that incites to violent and terrorist acts; asks for such literature to be removed from online platforms and shops as part of the referrals by the Internet Referral Unit;
Amendment 872 #
2018/2044(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to establish binding procedures for schools for tackling the challenge of radicalised pupils, and to offer training fwith radicalised pupils to report teachers with regard to this; stresses the need for involvement of law enforcement and justice bodies in the process of addressing radicalisationhis in a simple, standardised way for follow-up by the authorities, and to offer training for teachers with regard to this;
Amendment 895 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve (semi-)automatic, fast and full removal of terrorist content; requests the Commission to present a legislative proposal obliging companielarge platforms to remove terrorist content fully within one hour and to introduce csubmitting smallear reporting obligations on the incidence of terrorist contenplatforms, knowing that they have less resources to detect violations, to an obligation to use best aend removal rates, as well aseavours, and to introduce sanctions for non-compliance;
Amendment 962 #
2018/2044(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
10 a. Considers that a responsible contact for radicalisation in the prison system might be useful, as the observed information would be placed in the right context and could then be dealt with by the competent internal and external authorities; urges the Member States to examine whether such a legal framework would bring added value in the context of their national security apparatus;
Amendment 984 #
2018/2044(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges Member States to adopt the approach of ‘information sharing by default’ when it comes to sharing CT- related information, thus exchanging such information as a rule, and refraining from such exchange only in specific cases where circumstances require that it be withheld; examine whether the sharing by default of important (background) information with reliable partners in the scope of CT, barring exceptions imposed by state security, as well as the use of intelligent ICT systems, could bring added value, also considering the manpower that such data analysis would require; therefore calls on the Commission to collect data on the implementation of existing obligations with regard to information-sharing by default, including in the Terrorism Directive;
Amendment 999 #
2018/2044(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Points out that existing opt-outs by some Member States from police and judicial cooperation measures for the prevention, detection, investigation and prosecution of terrorist offences could endanger the speed and efficiency of terrorism investigations and may have detrimental effects; calls on Member States to abstain fromkeep this in mind and to thoroughly weigh up the pros and cons of opt-outs in this crucial field;
Amendment 1022 #
2018/2044(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Urges the Member States to ensure that thshare national, local and where relevant regional information available at local or regional level and in their databases is automatically uploadedwith each other and to feed it into European databases, where possible through automated or smart technical solutions, to national systems and, where appropriate, to relevant European databases whilst ensuring data quality standardprevent information from being lost as a result of the fragmentation of jurisdictions;
Amendment 1039 #
2018/2044(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for private planes, charter flights and travel agencies to be covered by the EU PNR Directive and for air carriers to be obligedin order to collect PNR data;
Amendment 1040 #
2018/2044(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for private planes, charter flights and travel agencies to be covered by the EU PNR Directive and for air carriin orders to be obliged to collect PNR datasend PNR data through to the national authorities;
Amendment 1045 #
2018/2044(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls on the Member States to interconnect their PIUs in order to facilitate the exchange of PNR, data and calls on the Commission to propose technological solutions to make the exchange of PNR data less time-consuming and demanding in terms of human resources by automating the processing of requests from one PIU to another; encourages, therefore, projects such as the ISF project led by the Netherlands to develop PIU.net based upony analogy with the established FIU.net; asks the Commission, together with Europol, to support the development of joint targeting rules and risk assessments to be applied by the Member States, in order to enable Europol to search national PNR data with central algorithm consequently to enable Europol to directly query the decentralised PNR databases;
Amendment 1057 #
2018/2044(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Calls on Member States to consider creating systems similar to PNR for other international modes of transport such as buses and trains, and for this purpose to take account of arrangements made by the task force chaired by Belgium with the Netherlands, France and the United Kingdom;
Amendment 1066 #
2018/2044(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on Member States to strengthen the Prüm network by updating their national processing systems to adapt to modern information technology; urges the Commission to further develop a ‘hub-and-spoke’ model to link national systems more efficiently via a central routlign these in terms of ICT, not to mention the advisability of containing the fragmentation of competencies among internal services, so that data could be processed faster and thus be exchanged with European partners;
Amendment 1075 #
2018/2044(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Calls for the delineation of harmonised minimum data quality standards for data input, to be established at EU level and applied across IT systems in order to ensure consistent quality of the data therein; urges eu-LISA to elaborate common indicatorstandards and checks and to develop a central monitoring capacity for data quality for all systems under its competence; calls for the implementation of automated data quality control mechanisms as proposed by the Commission; further recommends that when eu-LISA notes irregularities in its quality reports to the Member States, the Member State concerned should be obliged to correct the data or justify the lack of correction;
Amendment 1080 #
2018/2044(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Criticises the lack of appropriatealls for an assessment as to whether there is sufficient funding and staffing for eu-LISA, considering its continuously increasing responsibilities; calls for eu-LISA to be reinforced with the additional capacity and resoand for appropriate measurces needed to perform the new tasks efficiently, and for this to be reflto be taken in this respected in the new MFF;
Amendment 1082 #
2018/2044(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Calls on the Member States that have not yet done so to create national counter-terrorism ‘fusion centres’/coordinationonsiders that a proactive local and, where appropriate, regional policy is a prerequisite for an integral national security policy; Calls on the Member States therefore to create special local safety units, as well as coordinated databases, in order to centralisgainst terrorism, with civil society stakeholders such as social preventive tserrorism-related information and intelligence from all relevant national stakeholdersvices, local administration and local politicians, to discuss all indications of radicalisation, with shared professional secrecy so that stakeholders with a professional duty of secrecy could also contribute;
Amendment 1102 #
2018/2044(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Recommends that Member States provide guidance or a legal framework in national lawthrough legislative action give an indication as to when it is permissible to exchange information between policy and information services, and believes that aligning national standards on this issue is a precondition forwould contribute to an EU-wide solution to the issue of when such information can be used and shared;
Amendment 1116 #
2018/2044(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Calls on Member States and European stakeholders to continue existing operational capabilities and enhance maximum effective cooperationto continue providing sufficient operational capacity in the fields of counter-terrorism and internal securitythrough adequate budgeting, so as to maintain a national security culture that is equipped to deal with the threat in the medium term;
Amendment 1124 #
2018/2044(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for Europol to become a veritable hub for information exchange and cooperation in the field of counter- terrorism between Member States in the EU, and if necessary with a stronger mandate; calls for an ongoing exchange of strategic information on counter- terrorism by national security services with EU institutions via EU INTCEN to support European decision-making by the Commission and Council (TWP, COSI, JHA, COTER, PSC and FAC);
Amendment 1151 #
2018/2044(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Calls onUrges the Member States to make full use of technical solutions to improve sharing of information with Europol, in particular by automating the process of uploading data to the Europol information system for cross-checking purposes, for example by usinginvestigate whether any automated exchange with Europol of important (background) information in the scope of counter-terrorism, as well as the use of intelligent ICT systems, could bring added value, considering also the manpower that the ‘data loaders’ developed by Europolanalysis would require;
Amendment 1160 #
2018/2044(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Calls on Member States to ensure cooperation among all relevant stakeholders with a view to increasing the decryption abilities of the competent authoritithat the decryption abilities of the competent authorities is up to standard in view of legal prosecution, considering the usefulness of electronic communication as proof against suspects who are active in foreign war zones; calls for the swifurgent creation of a ‘Decryption Hub’ at Europol to develop decryption tools and expertisethis capacity, in order to better support Member States;
Amendment 1190 #
2018/2044(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls on the Commission to examine the possibility of a legislative proposal that obliges service providers and communications platforms present on the EU market to cooperate when it comes tohelp decrypt encrypted communications if there is a judicial decision to that effect;
Amendment 1197 #
2018/2044(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72 a. Recommends that Member States re-evaluate Directive 2016/680 to address data retention regulations to ensure that Europol and third countries can retain data related to criminal networks and activities older than 3 years to maintain the counter-terrorist agencies’ corporate memory and understanding, and to ensure that previous case work can be utilised in anticipation of a ‘reunion’ of terrorist organisations with organised criminal groups and activities;
Amendment 1200 #
2018/2044(INI)
Motion for a resolution
Paragraph 72 b (new)
Paragraph 72 b (new)
72 b. Recommends that Member States re-evaluate Directive2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities and its subsequent directives on the transfer of data to third countries for the purposes of prevention, investigation, detection or prosecution of criminal offences to ensure that Member States, Europol and third countries are able to share data in real time;
Amendment 1221 #
2018/2044(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Encourages the Commission to continue negotiations with third countries on return and readmission and to evaluate whether the Return Directive (Directive 2008/115/EC) provides an adequate legal framework for the return of irregular migrants who pose as asylum seekers but in fact haveith terrorist motives andwho are a clear risk to public security;
Amendment 1229 #
2018/2044(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Calls on the Member States to make it compulsory for airport operators to conduct conformity checks when passengers board a plane in order to make sure that the identity stated on the ticket matches the ID card or passport in the passenger’s possession; and in the case of non-compliance, to modify the passenger information that is sent through;
Amendment 1253 #
2018/2044(INI)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Calls onUrges the Member States to introduce the systematic and swift reporting to EBCGA ofvestigate whether any automated exchange with EBCGA of important (background) information coming from national investigations into incidents and illegal activities at border crossing points and irregular entry/exit movements, in order to create a comprehensive situational pictuas well as the use of intelligent ICT systems, could bring added value when establishing a comprehensive situational picture, considering also the manpower that the data analysis would require;
Amendment 1262 #
2018/2044(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Welcomes Europol’s participation in the law enforcement cell of the US-led Operation Gallant Phoenix (OGP) in Jordan, whereby it processes information obtained from the battlefield (and if possible, the identity of victims) and exchanges it through established channels and procedures with Member States’ law enforcement authorities via the Europol National Units;
Amendment 1269 #
2018/2044(INI)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Encourages all relevant actors to enter battlefield informationcomplete the relevant databases, systematically and without delay, in the relevant databases so as to enable the immediate identification of foreign terrorist fighters when they try to cross the external borderswith information collected in the battlefield so that the information reaches border controls at European external borders and national police and information services in time;
Amendment 1280 #
2018/2044(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
88. Calls forupon the Council to extend the mandate of EUNAVFOR MED Operation Sophia to be extended andinclude the fight against terrorism and to enlarge its territorial scope enlarged with a view to better responding to changing migration patterns such as ghost landings from Tunisia , and for the fight against terrorism to be specifically included in its mandate;
Amendment 1290 #
2018/2044(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Calls on the Member States to reassess the possibilityInsists ofn a new UN Security Council resolution allowing enabling EUNAVFOR MED/Operation Sophia to take operational measures against vessels and related assets inside the coastal states’ territory which are suspected ofin the territorial waters of Libya, not only to act against vessels that are being used for human smuggling or trafficking, oil smuggling,and for violating the UN arms embargo , but also for terrorism-related offences and oil smuggling;
Amendment 1321 #
2018/2044(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Calls on the Commission to develop, together with Member States and international partners, ways of better monitoring financial flows in a targeted way and identifying users of electronic wallets and prepaid cards, crowdfunding platforms and online and mobile payment systems in relevantpolice or judicial investigations;
Amendment 1358 #
2018/2044(INI)
Motion for a resolution
Paragraph 105
Paragraph 105
105. Asks the Commission to facilitateestablish a mapping of national crisis centres or crisis-response mechanisms;
Amendment 1376 #
2018/2044(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Believes that a system must be set up for car rental agencies to check the identitywhereby police services can query the databases of cliar rentsal against police databases, showing only a red or green flagencies, for instance following a court order, to investigate the identity and activity of clients;
Amendment 1384 #
2018/2044(INI)
Motion for a resolution
Paragraph 113
Paragraph 113
113. Calls for economic operators to be registered in order to be allowed to legally manufacture, distribute or sell substances listed in the Annexes, or involving mixtures or substances containing them; calls on Member States to set up inspection systems to identify non- compliance with the regulation by economic operators;
Amendment 1389 #
2018/2044(INI)
Motion for a resolution
Paragraph 116
Paragraph 116
116. Calls for standardised naming conventions that would allow economic operators and e-marketplaces to more easily track prohibitedidentify chemicals being posted on their sites; calls on e- marketplaces subsequently to screen postings against these standardised keyword lists, which would prevent listings where the item isof prohibited items;
Amendment 1396 #
2018/2044(INI)
Motion for a resolution
Paragraph 119
Paragraph 119
119. Highlights the importance of upgrading the regulatory framework on firearms, in order to avoid illicit firearms being trafficked illicitly from both within and outside the EU; calls for the loopholes in the existing firearms legislation to be closed, for example by taking measures to stop the circulation of easy-to-convert blank-firing guns, Flobert guns and alarm pistols;
Amendment 1401 #
2018/2044(INI)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes the Member States should adopt an ‘investigate the gun’ approach, using specialised law enforcement cells and designed to pinpoint the actors and networks involved in this type of trafficking, combined with the checking of the various national ballistic databases;
Amendment 1428 #
2018/2044(INI)
Motion for a resolution
Paragraph 124
Paragraph 124
124. Calls for the simplification of the EU restrictive measures system, whether sanctions or restrictive measures to meet foreign policy goals, in order to make it an effective tool in the area of CT;
Amendment 1442 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 d (new)
Paragraph 125 d (new)
125 d. Recommends that Member States work closely with the United States and Canada in areas of intelligence sharing and joint training;
Amendment 1443 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 e (new)
Paragraph 125 e (new)
125 e. Recommends that Member States allocate resources to track and monitor ongoing ideological and dawa campaigns from religious elites and key opinion formers, with particular emphasis towards campaigns emanating from Iran;
Amendment 1444 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 f (new)
Paragraph 125 f (new)
125 f. Recommends that the EU and Member States sanction any State providing proscribed terrorist organisation with sponsorship, safe haven or any form of political, operational, religious, financial or logistical support;
Amendment 1446 #
2018/2044(INI)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Calls on the Commission to establishassess whether an EU Coordination Centre for victims of terrorism (CCVT), which should provide timely and adequate crisis support in cases of mass attacks in one or several Member States, would bring added value; considers that the role of the CCVT win such a case could be to ensure the provision of expertise at EU level by promoting exchange of knowledge and best practices;
Amendment 1454 #
2018/2044(INI)
Motion for a resolution
Paragraph 127
Paragraph 127
127. Calls on the Commission to establish a single on-line platform in all EU languages for the rights of and support to victims of terrorism, which would in such a case be managed by the CCVT, with a single point of contact at each national level including a helpline;
Amendment 1460 #
2018/2044(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Calls on the Commission to put forward a legislative proposal on the victims of terrorism, including a clear definition of their specific status and rights, and a standardised form to claim compensation and clear duties for insurers; considers that there should be a simplified procedure at national level for granting automatic compensation to victims of terrorism direcshortly after an attack and for sanctioning fraudsters, and that the question ofin order to fulfil the immediate needs of the victim, and that further compensation should be reviewed at regular intervals on the basis of an assessment of the victim’s situation;
Amendment 1466 #
2018/2044(INI)
Motion for a resolution
Paragraph 129
Paragraph 129
129. Calls on the Member States to establish Crisis Intervention Centres – to be linked to the proposedtask multidisciplinary crisis response centres forthat provide coordination and emergency response – that guaranteewith the implementation of national and local protocols relating to the prioritised swift identification of victims and their immediate management and referral to the competent services;
Amendment 1486 #
2018/2044(INI)
Motion for a resolution
Paragraph 135
Paragraph 135
135. Calls on the Member States to ensure that all victims of terrorism are entitled to be a civil party in judicicriminal proceedings relating to a terrorist attack concerning them and to take into account the specific situation of cross-border, including foreign victims;
Amendment 129 #
2018/0330(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The absence of internal borders in the Union results in a logical consequence whereby irregular migration across the external borders affects all Member States in the Schengen area. It is consequently in the interest of all Member States to control and protect the external borders together.
Amendment 135 #
2018/0330(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy as part of the multiannual strategic policy cycle for implementation of European integrated border management, to oversee the effective functioning of border control at the external borders, to carry out risk analysis and vulnerability assessments, to provide increased technical and operational assistance to Member States and third countries through joint operations and rapid border interventions, to ensure the practical execution of measures in a situation requiring urgent action at the external borders, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea, to organise, coordinate and conduct return operations and return interventions and provide technical and operational assistance to return activities of third countries.
Amendment 168 #
2018/0330(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 175 #
2018/0330(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Nothing in this Regulation should be construed as providing for or enabling the creation of a centralised Union academy for border guards.
Amendment 281 #
2018/0330(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Where control of the external border is rendered ineffective to such an extent that it risks jeopardising the functioning of the Schengen area, either because a Member State does not take the necessary measures in line with a vulnerability assessment or because a Member State facing specific and disproportionate challenges at the external borders has not requested sufficient support from the Agency or is not implementing such support, a unified, rapid and effective response should be delivered at Union level. For the purpose of mitigating these risks, and to ensure better coordination at Union level, the Commission shouldproposes to the Council a decision identifying the measures to be implemented by the Agency and requireing the Member State concerned to cooperate with the Agency in the implementation of those measures. The Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision. An operational plan should be drawn up by timplementing power to adopt such a decision should be conferred on the Council because of the potentially politically sensitive nature of the measures to be decided, which are likely to touch on national executive and enforcement powers. The Agency togshould dether with the Member State concerned. The Member State concerned should facilitate the implementation of the Commission decision and the operational plan by implementing among others its obligations provided for in Articles 44, 83 and 84mine the actions to be taken for the practical execution of the measures indicated in the Council decision. It should then draw up an operational plan with the Member State concerned. If a Member State does not comply within 30 days with that Commissionuncil decision and does not cooperate with the Agency in the implementation of the measures contained in that decision, the Commission should be able to trigger the specific procedure provided for in Article 29 of Regulation (EU) 2016/399 of the European Parliament and of the Council21 to face exceptional circumstances putting the overall functioning of the area without internal border control at risk. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Amendment 309 #
2018/0330(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The long-term development of new capabilities within the European Border and Coast Guard should be coordinated between the Member States and the Agency in line with the multiannual strategic policy cycle, taking into account the long duration of certain processes. This includes the recruitment and training of new border guards, (which could during their career serve both in Member States and as part of the standing corps), the acquisition, maintenance and disposal of equipment (for which opportunities for interoperability and economies of scale should be sought) but also the development of new equipment and related technologies including through research.
Amendment 312 #
2018/0330(COD)
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66 a) Little progress has been made in increasing the effectiveness of returns. On the contrary, Eurostat statistics show a decrease in the return rate throughout the Union from 45,8% in 2016 to a mere 36,6% in 2017.
Amendment 348 #
2018/0330(COD)
Proposal for a regulation
Recital 83 a (new)
Recital 83 a (new)
(83 a) The Agency processes personal data of persons who are suspected of involvement in cross-border crime (e.g. migrant smuggling, trafficking in human beings or terrorism) as well as personal data of persons who cross the external borders without authorisation collected by the Agency's teams. The Agency experiences difficulties in monitoring illegal activities of persons and criminal groups involved in cross-border crime, including terrorism, due to the short storage period of personal data of only 90 days as provided for in Regulation (EU) 2016/1624. In practice, after 91 days, the personal data that was already processed by the Agency is deleted and only appears as anonymised data in the results of risk analyses. That demonstrates the need for specific legal framework for the Agency to process and retain personal data in order to fulfil its tasks of prevention and detection of cross-border crime, such as migrant smuggling, trafficking inhuman beings and terrorism and analysis of the risks for internal security and analysis of the threats that might affect the functioning or security of the external borders and in order to share information with Europol and law enforcement authorities of the Member States.
Amendment 368 #
2018/0330(COD)
Proposal for a regulation
Recital 101
Recital 101
Amendment 461 #
2018/0330(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2 a) The Agency shall, by decision of the management board based on a proposal of the executive director, establish a technical and operational strategy for European Integrated Border Management. The Agency shall take into account, where justified, the specific situation of the Member States, in particular their geographical location. This strategy shall be in line with Article 3. It shall promote and support the implementation of European Integrated Border Management in all Member States.
Amendment 462 #
2018/0330(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
(2 b) The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be in line with Article 3 and the strategy referred to in paragraph 2a of this Article.
Amendment 475 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) Member States shall ensure the management of their external borders and the enforcement of return decisions, in their own interests and in the common interest of all Member States in full compliance with Union law and in line with the multiannual strategic policy cycle for European Integrated Border Managementtechnical and operational strategy referred to in Article 85(2a), in close cooperation with the Agency.
Amendment 485 #
Amendment 510 #
2018/0330(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) On the basis of the multiannual strategic policy cycle for European Integrated Border Management referred to in Article 8, tThe European Border and Coast Guard shall establish an integrated planning for border management and returns.
Amendment 517 #
2018/0330(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Each plan of the integrated planning shall contain the scenario against which it is developed. Scenarios shall be derived from risk analysis and shall reflect the possible evolution of the situation at the external borders and in the area of illegal migration and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Managementtechnical and operational strategy referred to in Article 5(2a).
Amendment 519 #
2018/0330(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
(4) The Agency’s management board shall meet at least once a year to discuss and approve the capability roadmap of the European Border and Coast Guard in accordance with 67 (6). Once the capability roadmap is approved by the management board, it shall be annexed to the technical and operational strategy referred to in Article 8 (55(2a).
Amendment 520 #
2018/0330(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
(4) The Agency’s management board shall meet at least once a year to discuss and approve the capability roadmap of the European Border and Coast Guard in accordance with 67 (6). Once the capability roadmap is approved by the management board, it shall be annexed to the technical and operational strategy referred to in Article 8 (55(2a).
Amendment 523 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
(1) The Agency shall perform the following tasks with a view to contributing to an efficient, high and uniform level of border control and return: and ensuring a high level of internal and external security of the Union.
Amendment 686 #
2018/0330(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Agency shall monitor migratory flows towards and within the Union, trends and other possible challenges at the external borders of the Union and with regard to return. For this purpose, the Agency shall, by a decision of the management board based on a proposal of the executive director, establish a common integrated risk analysis model, which shall be applied by the Agency and the Member States. The common integrated risk analysis model shall be updated based on the outcome of the evaluation of the multiannual Strategic policy cycle for European Integrated Border Management referred to in Article 8 (7). The Agency shall also carry out the vulnerability assessment in accordance with Article 33.
Amendment 692 #
2018/0330(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Agency shall prepare general annual risk analyses, which shall be submitted to the European Parliament, to the Council and to the Commission in accordance with Article 91, and tailored risk analyses for operational activities. Every two years, the Agency shall prepare and submit to the European Parliament, to the Council and to the Commission a strategic risk analysis for European Integrated Border Management which shall be taken into account for the preparation of the multiannual Strategic policy cycle for European Integrated Border Management.
Amendment 880 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
the Commission, after consulting the Agencyuncil, on the basis of a proposal from the Commission, may adopt without delay a decision by means of an implementing act in accordance with the procedure as referred to in Article 117(3), identifying measures to mitigate those risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The Commission shall consult the Agency before making its proposal.
Amendment 888 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3
Article 43 – paragraph 1 – subparagraph 3
Amendment 896 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. To mitigate the risk of putting in jeopardy the Schengen area, the Commissionuncil decision referred to in paragraph 1 shall provide for one or more of the following measures to be taken by the Agency:
Amendment 915 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. The executive director shall, within two working days from the date of adoption of the Commissionuncil decision referred to in paragraph 1,:
Amendment 928 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
6. The Agency shall, without delay and in any case within five working days from establishment of the operational plan, deploy the necessary operational staff from the European Border and Coast Guard standing corps referred to in Article 55 for the practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1 of this Article. Additional teams shall be deployed as necessary at a second stage and in any case within seven working days from the deployment of the first teams deployed in the operational area.
Amendment 934 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 7 – subparagraph 1
Article 43 – paragraph 7 – subparagraph 1
The Agency shall, without delay and in any case within 10 working days from establishment of the operational plan, deploy the necessary technical equipment for practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1.
Amendment 940 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
8. The Member State concerned shall comply with the Commissionuncil decision referred to in paragraph 1. For that purpose it shall immediately cooperate with the Agency and take the necessary action, in particular by implementing the obligations provided in Articles 44, 83 and 84, to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan.
Amendment 948 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2
Article 43 – paragraph 9 – subparagraph 2
If the Member State concerned does not comply with the Commissionuncil decision referred to in paragraph 1 within 30 days and does not cooperate with the Agency pursuant to paragraph 8 of this Article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 1079 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The Agency may also launch return interventions in third countries, based on the directions set out in the multiannual strategic policy cycletechnical and operational strategy referred to in Article 5(2a), where such third country requires additional technical and operational assistance with regard to its return activities. Such intervention may consist of the deployment of return teams for the purpose of providing technical and operational assistance to return activities of the third country.
Amendment 1100 #
2018/0330(COD)
Proposal for a regulation
Article 55 – paragraph 4 – introductory part
Article 55 – paragraph 4 – introductory part
4. On a proposal by the executive director taking into account the Agency's risk analysis, the results of the vulnerability assessment and the multiannual strategic policy cycle, and building on the numbers and profiles available to the Agency through its statutory staff and ongoing secondments, the management board shall decide by 31 March of each year:
Amendment 1160 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 8 a (new)
Article 62 – paragraph 8 a (new)
8 a. Nothing in this Regulation shall be construed as providing for or enabling the creation of a centralised Union academy for border guards.
Amendment 1162 #
2018/0330(COD)
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
Based on a proposal of the executive director after receiving the positive opinion of the Commission, the management board shall establish a comprehensive multiannual strategy on how the Agency's own technical capabilities shall be developed taking into account the multiannual strategic policy cycle for the European Integrated Border Management including the capability roadmap referred to in Article 9(4) as available and the budgetary resources made available for this purpose in the multiannual financial framework.
Amendment 1187 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
The Agency shall cooperate with Union institutions, bodies, offices and agencies, and may cooperate with relevant international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR.
Amendment 1390 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 3
Article 89 – paragraph 3
3. Personal data shall be deleted as soon as they have been transmitted to EASO, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The storage period shall, in any event, not exceed 90 days after the date of the collection of those data. In the results of risk analyses, data shall be anonymised. The provisions of this paragraph shall not apply to data processed for the purpose of performing return-related tasks. and to data processed for the purpose of analysing and researching involvement in cross- border crime. For the latter, relevant personal data can be retained as long as is deemed necessary.
Amendment 1426 #
2018/0330(COD)
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point h
Article 98 – paragraph 2 – subparagraph 1 – point h
(h) adopt a technical and operational strategy for the European Integrated Border Management in accordance with Article 8 5(55(2a);
Amendment 1562 #
2018/0330(COD)
Proposal for a regulation
Article 117 – paragraph 4
Article 117 – paragraph 4
Amendment 1564 #
2018/0330(COD)
Proposal for a regulation
Article 118
Article 118
Amendment 1578 #
2018/0330(COD)
Proposal for a regulation
Annex II – point 5
Annex II – point 5
Amendment 21 #
2018/0206(COD)
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
having regard to the UN Convention on the Rights of Persons with Disabilities to which the EU and all its Member States are parties,
Amendment 76 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed, family carers and the inactive, supported employment and reasonable accommodation for persons with disabilities as well as through promoting self–employment, entrepreneurship and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare and other care services or support. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 91 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+ should provide support to improving the quality, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ should help progression within education and training and transition to work and reintegration to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through work-based learning and apprenticeships, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, validation of learning outcomes and recognition of qualifications.
Amendment 189 #
2018/0206(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Good governance and partnership between managing authorities and the partners require the effective and efficient use of capacity building for stakeholders, to whom Member Stes should allocate an appropriate amount of ESF+ resources. As investment in institutional capacity and in the efficiency of public administration and public services at the national, regional and local levels with a view to reforms, better regulation and good governance, is no longer included an operational objective of the ESF+ under shared management, but has been included in the Structural Support Reform Programme, it is necessary that the Commission and the Member States ensure effective coordination between the two instruments.
Amendment 319 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ii
Article 4 – paragraph 1 – point ii
(ii) modernising labour market institutions and services to assess and anticipate skills needs and ensure timely and tailor-made assistance and support to labour market matching, transitions across the life-cycle and mobility;
Amendment 331 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii
Article 4 – paragraph 1 – point iii
(iii) promoting women’s labour market participation, a better work/life balance including access to childcare and life-cycle care, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 341 #
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, in particular for disadvantaged groups and family carers, 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 418 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Member States and the Commission shall also support specific targeted actions to promote the principles referred to in paragraph 1 within any of the objectives of the ESF+, including improving universal accessibility for persons with disabilities and the transition from residential/institutional care to family and community-based care.
Amendment 436 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall concentrate the ESF+ resources under shared management on interventions that address the challenges identified in their national reform programmes, in the Social Scoreboard under the European Semester as well as in the relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU, and take into account principles and rights set out in the European Pillar of Social Rights.
Amendment 501 #
2018/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall ensure adequate participation of social partners and civil society organisations in the delivery of employment, education and social inclusion policies supported by the ESF+ strand under shared management. The participation shall be inclusive and accessible to persons with disabilities.
Amendment 567 #
2018/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the purchase of furniture, equipment and vehicles except where the purchase is necessary for achieving the objective of the operation, or these items are fully depreciated, or the purchase of these items is the most economic option, or if needed to ensure reasonable accommodation to ensure universal accessibility for persons with disabilities.
Amendment 647 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point h
Article 23 – paragraph 1 – point h
(h) to provide guidance for the development of social infrastructure (including housing, child care and education and training, health care and long term care) including accessibility requirements for persons with disabilities needed for the implementation of the European Pillar of Social Rights;
Amendment 72 #
2018/0191(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In a context of rapid and profound changes induced by technological revolution and globalisation, investing in learning mobility, cooperation and innovative policy development in the fields of education, training, youth and sport is key to building inclusive, cohesive and resilient societies and sustaining the competitiveness of the Union, while contributing to strengthening European identity and to a more democratic Union.
Amendment 81 #
2018/0191(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In its Communication on Strengthening European Identity through Education and Culture of 14 November 2017, the Commission put forward its vision to work towards a European Education Area by 2025, in which learning would not be hampered by borders; a Union, where spending time in another Member State for purposes of studying and learning in any form or setting would become the standard and where, in addition to one's mother tongue, speaking two other languages would become the norm; a Union in which people would have a strong sense of their identity as Europeans, of Europe's cultural heritage and itsEurope's unity in diversity. In this context, the Commission emphasised the need to boost the tried-and- tested Erasmus+ programme in all categories of learners that it already covers and reaching out to learners with fewer opportunities.
Amendment 82 #
2018/0191(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The European Pillar of Social Rights, solemnly proclaimed and signed on 17 November 2017 by the European Parliament, the Council and the Commission, lays down, as its first key principle, that everyone has the right to quality and inclusive education, training and lifelong learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market. Its seventeenth principle states that people with disabilities have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and society, and a work environment adapted to their needs.
Amendment 86 #
2018/0191(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The open public consultation on Union funding in the areas of values and mobility confirmed these key findings and emphasised the need to make the future programme a more inclusive programme and to continue to focus priorities on modernising education and training systems as well as strengthening priorities on fostering European identity, active citizenship and participation in democratic life.
Amendment 87 #
2018/0191(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In its Communication on 'A modern budget for a Union that protects, empowers and defends - the multiannual financial framework for 2021-2027'26 adopted on 2 May 2018, the Commission called for a stronger “youth” focus in the next financial framework, notably by more than doubling the size of the 2014-2020 Erasmus+ Programme, one of the Union’s most visible success stories. The European Parliament called for the Erasmus+ envelope to be at least tripled in the next MFF. The mid-term evaluation confirmed that budget for Erasmus+ is consistently absorbed in full, and that the available funds are insufficient to cover the strong demand. The focus of the new Programme should be on inclusiveness, and to reach more young people with fewer opportunities. This should allow more young people to move to another country to learn or work. _________________ 26 COM(2018) 321 final. COM(2018) 321 final.
Amendment 96 #
2018/0191(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Programme is a key component of building a European Education Area, while fully respecting Member States' competences. It should be equipped to contribute to the successor of the strategic framework for cooperation in education and training and the Skills Agenda for Europe28 with a shared commitment to the strategic importance of skills and competences for sustaining jobs, growth and competitiveness. It should support Member States in reaching the goals of the Paris Declaration on promoting citizenship and the common values of freedom, tolerance and non-discrimination through education29 . _________________ 28 29COM(2016) 381 final. COM(2016) 381 final. 29 [Reference]. [Reference].
Amendment 105 #
2018/0191(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Synergies with Horizon Europe should ensure that combined resources from the Programme and the Horizon Europe Programme33 are used to support activities dedicated to strengthening and modernising European higher education institutions. Horizon Europe will, where appropriate, complement the Programme's support for the European Universities initiative, in particular its research dimension as part of developing new joint and integrated long term and sustainable strategies on education, research and innovation. Synergies with Horizon Europe will help to foster the integration of education and research in higher education institutions. _________________ 33 COM(2018) [ ].
Amendment 108 #
2018/0191(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Programme should be more inclusive by improving its outreach to those with fewer opportunities, including through more flexible learning mobility formats, and by fostering participation of small organisations, in particular newcomers and community-based grassroots organisations that work directly with disadvantaged learnerlearners with fewer opportunities of all ages. Virtual formats, such as virtual cooperation, blended and virtual mobility, should be promoted to reach more participants and complement the accessibility of the Programme, in particular those with fewer opportunities and those for whom moving physically to a country other than their country of residence would be an obstacle. Local and national structures should be better equipped to support and facilitate people with fewer opportunities, including people with disabilities, to have full and equal access to the Programme. Given that the EU and all its Member States have ratified the UN Convention on the Rights of Persons with Disabilities the Erasmus- Programme should be in line with its principles.
Amendment 114 #
2018/0191(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In its Communication on Strengthening European identity through education and culture, the Commission highlighted the pivotal role of education, culture and sport in promoting active citizenship and common values amongst the youngest generations. Strengthening European identity and fFostering the active participation of individuals in the democratic processes is crucial for the future of Europe and our democratic societies. Going abroad to study, learn, train and work or to participate in youth and sport activities contributes to strengthening thise European identity in all its diversityvalues and the sense of being part of a cultural community while respecting its diversity as well as to fostering such active citizenship, among people of all ages. Those taking part in mobility activities should get involved in their local communities as well as engage in their host country local communities to share their experience. Activities linked to reinforcing all aspects of creativity in education, training and youth and enhancing individual key competencies should be supported.
Amendment 119 #
2018/0191(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Programme should reinforce existing learning mobility opportunities, notably in those sectors where the Programme could have the biggest efficiency gains, to broaden its reach and meet the high unmet demand. This should be done notably by increasing and facilitating mobility activities for higher education students, school pupils and learners in vocational education and training. Mobility of low-skilled adult learners should be embedded in partnerships for cooperation. Mobility opportunities for youth participating in non-formal learning activities should also be extended to reach more young people. Mobility of staff in education, training, youth and sport should also be reinforced, considering its leverage effect. In line with the vision of a true European Education Area, the Programme should also boost mobility and exchanges and promote student participation in educational and cultural activities by supporting digitalisation of processes, such as the European Student Card. This initiative can be an important step in making mobility for all a reality first by enabling higher education institutions to send and receive more exchange students while still enhancing quality in student mobility and also by facilitating students' access to various services (library, transport, accommodation) before arriving at the institution abroad.
Amendment 128 #
2018/0191(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Programme should offer young people more opportunities to discover Europe through qualitative learning experiences abroad. Eighteen year olds, in particular those with fewer opportunities, should be given the chance to have a first- time, short-term individual or group experience travelling throughout Europqualitative learning experience in another Member State in the frame of an informal educational activity aimed at fostering their sense of belonging to the European Union and discovering itdiscovering Europe's cultural diversity. The Programme should identify bodies in charge of reaching out and selecting the participants and support activities to foster the learning dimension of the experience.
Amendment 133 #
2018/0191(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Programme should also enhance the learning of languages, including sign languages, in particular through widened use of accessible online tools, as e-learning offers additional advantages for language learning in terms of access and flexibility.
Amendment 140 #
2018/0191(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In its Conclusions of the 14 of December 2017, the European Council called on Member States, the Council and the Commission to take forward a number of initiatives to elevate European cooperation in education and training to a new level, including by encouraging the emergence by 2024 of 'European Universities', consisting in bottom-up networks of universities across the Union. The Programme should support these European Universities.
Amendment 143 #
2018/0191(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) To increase the use of virtual cooperation activities, the Programme should support a more systematic and accessible use of the online platforms such as eTwinning, the School Education Gateway, the Electronic Platform for Adult Learning in Europe, the European Youth Portal and the online platform for higher education.
Amendment 144 #
2018/0191(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Programme should contribute to facilitating transparency and recognition of skills and qualifications, as well as the transfer of credits or units of learning outcomes, to foster quality assurance and to support validation of non-formal and informal learning, skills management and guidance. In this regard, the Programme should also provide support to contact points and networks at national and Union level that facilitate cross-European exchanges as well as the development of flexible and inclusive learning pathways between different fields of education, training and youth and across formal and non-formal settings.
Amendment 148 #
2018/0191(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) As a way to ensure cooperation with other Union instruments and support to other policies of the Union, mobility opportunities should be offered to people, including persons with disabilities, in various sectors of activity, such as the public sector, agriculture and enterprise, to have a learning experience abroad allowing them, at any stage of their life, to grow and develop professionally but also personally, in particular by developing an awareness of their European identity and an understanding of European cultural diversity. The Programme should offer an entry point for Union transnational mobility schemes with a strong learning dimension, simplifying the offer of such schemes for beneficiaries and those taking part in these activities. The scaling-up of Erasmus projects should be facilitated; specific measures should be put in place to help promoters of Erasmus projects to apply for grants or develop synergies through the support of the European Structural and Investment Funds and the programmes relating to migration, security, justice and citizenship, health and culture.
Amendment 151 #
2018/0191(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 153 #
2018/0191(COD)
(32a) Reflecting the importance of promoting equal opportunities for and of inclusion of persons with disabilities in line with the Union's commitments to implement the UN Convention on the Rights of Persons with Disabilities and achieve the United Nation's Sustainable Development Goals, this Programme will contribute to mainstream inclusion and equal opportunities in the Union's policies. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review process.
Amendment 157 #
2018/0191(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Within a basic envelope for actions to be managed by the national agencies in the field of education and training, a breakdown indicative distribution of minimum allocation per sector (higher education, school education, vocational education and training and adult education) should be defined in order to guarantee a critical mass of appropriations to reach the intended output and results in each of these sectors. The Programme should however always be implemented taking into account the actual needs, in the interest of the added European value.
Amendment 167 #
2018/0191(COD)
(46) Member States should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the Programme. This includes resolving, where possible, and without prejudice to Union law on the entry and residence of third-country nationals issues that create difficulties in obtaining visas and residence permits. In line with Directive (EU) 2016/801 of the European Parliament and of the Council39, Member States are encouraged to establish fast-track admission procedures. _________________ 39 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).
Amendment 171 #
2018/0191(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to simplify requirements for beneficiaries, simplified grants in the form of lump-sums, unit-costs and flat-rate funding should be used to the maximum possible extent. The simplified grants to support the mobility actions of the Programme, as defined by the Commission, should take into account the living and subsistence costs of the host country, and where applicable, the additional costs incurred by persons with disabilities on the basis of their disability. The Commission and national agencies of the sending countries should have the possibility to adjust these simplified grants on the basis of objective criteria, in particular to ensure access to people with fewer opportunities. In accordance with national law, Member States should also be encouraged to exempt those grants from any taxes and social levies. The same exemption should apply to public or private entities awarding such financial support to the individuals concerned.
Amendment 175 #
2018/0191(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Since the objective of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of its transnational character, the high volume and wide geographical scope of the mobility and cooperation activities funded, its effects on access to learning mobility and more generally on Union market integration, as well as its reinforced international dimension, be better achieved at Union level, 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 Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 177 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'lifelong learning' means learning in all its forms (formal, non-formal and informal learning) taking place at all stages in life, including early childhood education and care, general education, special education, vocational education and training, higher education, and adult education, and resulting in an improvement in knowledge, skills and attitudes or participation in society in a personal, civic, cultural, social and/or employment-related perspective, including the provision of counselling and guidance services;
Amendment 179 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'learning mobility' means moving physically to a country other than the country of residence, in order to undertake study, training or non-formal or informal learning; It may be accompanied by measures such as language support, including sign languages, and training and/or be complemented by accessible online learning and virtual cooperation. In some specific cases, it may take the form of learning through the use of accessible and/or specially adapted information technology and communications tools;
Amendment 181 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'non-formal learning' means voluntary learning which takes place outside formal education and training through purposive and inclusive/accessible activities (in terms of objectives, methods and time) and with some form of learning support;
Amendment 185 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) 'school pupil' means any person enrolled in a learning capacity at an institution providing general or special education at any level from early childhood education and care to upper secondary education, considered by the national authorities as eligible to participate in the Programme, in their respective territories;
Amendment 188 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'virtual cooperation' means any form of cooperation using accessible and/or specially adapted information technology and communications tools;
Amendment 192 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) 'youth participation activity' means an accessible out-of-school activity carried out by informal groups of young people and/or youth organisations, and characterised by a non-formal learning approach;
Amendment 198 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) 'people with fewer opportunities' means people facing obstacles that preventhinder them from having full and effective access to opportunities under the Programme for economic, social, cultural, geographical or health reasons, a migrant background or for reasons such as disability and educational difficulties;
Amendment 206 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Programme is to support the educational, professional and personal development of people in education, training, youth and sport, in Europe and beyond, thereby contributing to sustainable growth, jobs and social cohesion and to strengthening European identity. As such, the Programme shall be a key instrument for building an accessible and inclusive European education area, supporting the implementation of the European strategic cooperation in the field of education and training, with its underlying sectoral agendas, advancing youth policy cooperation under the Union Youth Strategy 2019-2027 and developing the European dimension in sport.
Amendment 213 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)
Article 3 – paragraph 3 – subparagraph 3 a (new)
All actions in the Programme shall be fully accessible and contribute to the inclusive implementation of the Programme.
Amendment 223 #
2018/0191(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) partnerships for excellence, in particular European universities, Centres of vocational excellence and joint master degrees;
Amendment 228 #
2018/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the preparation and implementation of the Union general and sectoral policy agendas in inclusive education and training, including with the support of the Eurydice network or activities of other relevant organisations;
Amendment 233 #
2018/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) accessible dissemination and awareness- raising activities about European policy outcomes and priorities as well as on the Programme.
Amendment 234 #
2018/0191(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the mobility of young people, including those with disabilities;
Amendment 235 #
2018/0191(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 255 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021-2027 shall be EUR 30 00041 097 000 000 in curreonstant prices.
Amendment 256 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The Programme shall be implemented according to the following indicative distribution, always taking into account the actual needs, in the interest of the added European value:
Amendment 272 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems as well as accessibility assistance and monitoring.
Amendment 280 #
2018/0191(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. When implementing the Programme, inter alia in the selection of participants and the award of grants, the Commission and the Member States shall ensure that efforts are made to promote social inclusion and improve outreach to people with fewer opportunities. Additional costs for accessibility and inclusiveness cannot by itself justify the rejection of a project.
Amendment 283 #
2018/0191(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. National agencies referred to in Article 24 shall develop a consistent strategy with regard to the effective outreach as well as dissemination and exploitation of results of activities supported under the actions they manage within the Programme, shall assist the Commission in its general task of disseminating accessible information concerning the Programme, including information in respect of actions and activities managed at national and Union level, and its results, and shall inform relevant target groups about the actions and activities undertaken in their country.
Amendment 287 #
2018/0191(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall implement accessible information and communication actions 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 3.
Amendment 288 #
2018/0191(COD)
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. The national agencies and the Commission shall specifically target people with fewer opportunities, which implies at least that all relevant information shall be accessible.
Amendment 289 #
2018/0191(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Member States shall take all necessary and appropriate measures to remove any legal and administrative obstacles to the proper functioning of the Programme, including, where possible, measures aimed at resolving issues that give rise to difficulties in obtaining visas.
Amendment 295 #
2018/0191(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) have the adequate management capacity, staff and infrastructure to fulfil its tasks satisfactorily, ensuring efficient and effective, inclusive and accessible management of the Programme and sound financial management of Union funds;
Amendment 296 #
2018/0191(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The national agency shall be responsible for managing all stages of the project lifecycle of the actions that shall be described in the work programme referred to in Article [19], in conformity with [points (c)(v) and (vi) of Article 58(1)] of the Financial Regulation. The national agency shall ensure that projects are easily accessible and contribute to the qualitative and inclusive implementation of the Programme.
Amendment 298 #
2018/0191(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission shall set the requirements for the national agency work programme, with particular attention for the qualitative and inclusive nature of this Programme. The Commission shall not make Programme funds available to the national agency until the Commission has formally approved the national agency's work programme.
Amendment 299 #
2018/0191(COD)
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Regular meetings shall be organised with the network of national agencies in order to ensure coherent implementation of the Programme across all Member States and all third countries referred to in Article 17. The Commission fosters the sharing of good practices and the exchange of information, especially with regard to accessibility and reasonable accommodation measures.
Amendment 303 #
2018/0191(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
(1) High quality and inclusive learning mobility for people from diverse backgrounds, including people with fewer opportunities
Amendment 44 #
2018/0106(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Too broad a definition of whistle- blowers risks jeopardizing their effective protection;
Amendment 78 #
2018/0106(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Too broad a definition of whistle- blowers risks jeopardizing their effective protection;
Amendment 142 #
2018/0106(COD)
Proposal for a directive
Recital 70
Recital 70
(70) Retaliatory measures are likely to be presented as being justified on grounds other than the reporting and it can be very difficult for reporting persons to prove the link between the two, whilst the perpetrators of retaliation may have greater power and resources to document the action taken and the reasoning. Therefore, once the reporting person demonstrates prima facie that he/she made a report or disclosure in line with this Directive and suffered a detriment, Member States can decide to shift the burden of proof should shift to the person who took the detrimental action, who should then demonstrate that their the action taken was not linked in any way to the reporting or the disclosure.
Amendment 190 #
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, with the meaning of Article 45 TFEUemployee;
Amendment 226 #
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 which occurs linked to a work-related context and causes or may cause unjustified detriment to the reporting person;
Amendment 257 #
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, with the meaning of Article 45 TFEUemployee;
Amendment 296 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that competent authorities keep records of every report received while fully respecting Regulation (EU) 2016/679.
Amendment 51 #
2018/0105(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To the extent that tax authorities and anti-corruption agencies are competent for the prevention, detection, investigation or prosecution of criminal offences under national law, they should also be considered authorities that can be designated for the purposes of this Directive. Administrative investigations should not be covered under the present Directive unless they are conducted by the Financial Intelligence Units in the context of preventing, detecting and effectively combatting money laundering and terrorism financing.
Amendment 58 #
2018/0105(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units, the legal status of which varies across Member States from administrative to law enforcement to hybrid ones. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to combat money laundering, the associated predicate offences and terrorist financing. Nevertheless, Union law does not lay down all specific tools and mechanisms that Financial Intelligence Units must have at their disposal in order to access such information and accomplish their tasks. Since Member States remain entirely responsible for the setting up and deciding the organisational nature of Financial Intelligence Units, different Financial Intelligence Units have varying degrees of access to regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and Financial Intelligence Units.
Amendment 60 #
2018/0105(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The provisions of this Directive should not affect the operational independence and autonomy of the Financial Intelligence Units under Directive (EU) 2015/849 and should be in line with that Directive, meaning that the Financial Intelligence Units should continue to have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information.
Amendment 68 #
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 on a case- by-case basis, either for the prevention, detection, investigation or prosecution of serious criminal offences or, for money laundering, the associated predicate offences and terrorist financing.
Amendment 77 #
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 computersecure and decentralised electronic communications 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, should be used for exchanges of information between Financial Intelligence Units.
Amendment 78 #
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 set out the type and scope of information that can be exchanged between Financial Intelligence Units and with designated competent authorities. However, Member States should be able to decide to broaden the scope of financial information and bank account information that can be exchanged between the Financial Intelligence Units and designated competent authorities. They may also facilitate access by competent authorities to financial information and bank account information for the prevention, detection, investigation or prosecution of criminal offences other than serious criminal offences. This Directive should not bring any changes to currently agreed methods of data collection.
Amendment 83 #
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. In that context, Europol is obliged to notify the Member States of any information and connections between criminal offences concerning them. 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 duly justified requests for financial information and financial analysis made by Europol through the respective Europol National Unit. The request should only comprise information that is already in the possession of the Financial Intelligence 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 97 #
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 in accordance with Regulation 2016/679.
Amendment 109 #
2018/0105(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) the powers of competent authoritieexisting channels to exchange information between them orcompetent authorities or their powers to obtain information from obliged entities under Union law or the national law of Member States.
Amendment 112 #
2018/0105(COD)
(e) 'financial information' means any type of information or data which is held by Financial Intelligence Units to prevent, detect and effectively combat money laundering and terrorist financing, or any type of information or data which is held by public authorities or by obliged entities for those purposes and which is available to Financial Intelligence Units without the taking of coercive measures under national law;
Amendment 117 #
2018/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) 'bank account information' means the following information on bank and payments accounts and safe deposit boxes contained in the centralised bank account registries:
Amendment 120 #
2018/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) 'financial analysis' means the results of operational and strategic analysis carried out by the Financial Intelligence Units for the performance of their tasks pursuant to Directive (EU) 2015/849;
Amendment 124 #
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 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 at least include the Europol National Units and the Asset Recovery Offices.
Amendment 127 #
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 at least include the Europol National Units.
Amendment 132 #
2018/0105(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The additional information that Member States may deem essential and include in the centralised bank account registries in accordance with Article 32a(4) of Directive 2018/XX/EU shall not be accessible and searchable by competent authorities according toon the basis of this Directive.
Amendment 152 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Where there are objective grounds for assuming that the provision of such information would clearly have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or clearly irrelevant with regard to the purposes for which it has been requested, the Financial Intelligence Unit shall be under no obligation to comply with the request for information.
Amendment 153 #
2018/0105(COD)
Proposal for a directive
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2b. Member States shall require competent authorities to provide feedback to the Financial Intelligence Unit on the use made of the information provided in accordance with this Article, and on the outcome of the investigations or inspections performed on the basis of that information, in line with Regulation(EU)2016/794.
Amendment 175 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Member States shall ensure that the information exchanged pursuant to this Article is used only for the purpose for which it was sought or provided, and that any dissemination of that information by the receiving Financial Intelligence Unit to any other authority, agency or department, or any use of this information for purposes other than those originally approved, is made subject to the prior consent of the Financial Intelligence Unit providing the information.
Amendment 176 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 4 b (new)
Article 9 – paragraph 4 b (new)
4b. Member States shall ensure that the Financial Intelligence Unit's prior consent requested under paragraph 4a is granted promptly and to the largest extent possible. The requested Financial Intelligence Unit shall not refuse to grant such consent unless it would clearly fall beyond the scope of application of the provisions of this Directive, could lead to impairment of a criminal investigation, would be clearly disproportionate to the legitimate interests of a natural or legal person or the Member State of the requested Financial Intelligence Unit, or would otherwise clearly not be in accordance with fundamental principles of national law of that Member State. Any such refusal to grant consent shall be appropriately explained.
Amendment 187 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Each Member State shall ensure that its Financial Intelligence Unit replies to duly justified requests related to financial information and financial analysis made by Europol through the Europol National Unit on a case-by-case basis within the limits of its responsibilities and for the performance of its tasks.
Amendment 210 #
2018/0105(COD)
Proposal for a directive
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the subject matter of the requests made pursuant to this Directive and their executing measures.
Amendment 61 #
2018/0103(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For the purpose of verifying compliance with this Regulation and detecting and preventing the illicit manufacture of explosives, economic operators shall retain the data referred to in paragraph 2, together with the name and address of the customer, for onetwo years from the date of transaction. During that period, the data shall be made available for inspection at the request of the competent inspection authorities or law enforcement authorities.
Amendment 22 #
2018/0064(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) 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). Free movement rights are, however, not absolute and an abusive reliance on these rights should be prevented.
Amendment 25 #
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. 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. Pursuant to Article 5 TEU the limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.
Amendment 30 #
2018/0064(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Pillar of Social Rights was jointly proclaimed by the European Parliament, the Council and the Commission at the Social Summit in Gothenburg on 17 November 2017. That Social Summit recalled the need to put people first, in order to further develop the social dimension of the Union, and to promote convergence through efforts at all levels, as confirmed during the conclusions of the European Council of 14 December 2017. The Social Pillar is of a political nature, and does not confer new competences on the European Union.
Amendment 33 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) AThe establishment of a European Labour Authority (the ‘Authority’) should be established in order to helpconsidered if it proves to have a European added value in strengthening fairness and trust in the Single Market. To that effect, the Authority shcould 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. , while fully respecting the competences of the European Court of Justice and without prejudice to the rights of Member States and the persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States or the Treaty.
Amendment 38 #
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 on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 42 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to ensuring fair labour mobility while 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 enforcement of the rules on 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 44 #
2018/0064(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Labour mobility creates economic benefits for the EU as a whole. However, public support for the internal market is eroding due to persisting abusive and unfair practices such as letterbox companies, illegal postings and social fraud. The enforcement of existing rules has been moving forward slowly, and cooperation and exchange of information between Member States are currently inadequate. The enforcement of existing European rules needs to be improved, however, without creating additional administrative burdens. Bureaucracy and multiplication of EU bodies should be avoided. Therefore, improving existing EU-level structures should be given preference over creating a new EU body. The EU should always strive for the most efficient and cost-effective way in achieving its aims, while fully respecting Member States' competences.
Amendment 47 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members upon the condition that they are mobile in the EU.
Amendment 49 #
2018/0064(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation. The Authority does not have any regulatory power or interpretation capacity, and respects the division of powers as enshrined in the Treaty.
Amendment 51 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fair and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting thefair cross-border mobility of individuals by facilitating access to cross-border mobility services, such as the cross-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53 . _________________ Regulation [Single Digital Gateway – 53 COM(2017)256]
Amendment 52 #
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. Overlaps in competences between the Authority and EURES should be avoided. _________________ 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 53 #
2018/0064(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities. Data exchange, in particular of social security data, should take into account cyber criminality and security aspects, and should be strictly regulated.
Amendment 54 #
2018/0064(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) 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). Free movement rights are, however, not absolute and an abusive reliance on these rights should be prevented.
Amendment 54 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law. The Authority should never take up the role of national authorities and respects the principle of subsidiarity. There is no legal basis in the Treaty that allows for a European inspection system in the labour domain.
Amendment 56 #
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. 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. Pursuant to Article 5 TEU the limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.
Amendment 57 #
2018/0064(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Authority should develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on territorial cohesion. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies or services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope, while respecting data protection rules and taking into account cybersecurity risks. This does not entail the creation of new reporting obligations for Member States.
Amendment 58 #
2018/0064(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To strengthen the capacity of national authorities and improve consistency in the application of Union law within its scope, the Authority should provide operational assistance to national authorities, including by developing practical guidelines, establishing training and peer learning programmes, promoting mutual assistance projects, facilitating staff exchanges such as those referred to in Article 8 of Directive 2014/67/EU, and supporting Member States in organising awareness-raising campaigns informing individuals and employers of their rights and obligations. The Authority should promote the exchange, dissemination and uptake of good practices. The Authority does not have any regulatory power or interpretation capacity, and respects the division of powers as enshrined in the Treaty.
Amendment 59 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolvmediating disputes between Member States in relation to the application of Union law that falls within its scope. It should build onExisting examples of mediation procedures are the 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 and, while they need to be improved, should not be duplicated. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The use of the mediation procedure should remain voluntary for the Member States involved. 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. _________________ 60Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004The Authority fully respects the competences onf 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. 61Case 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- 45European Court of Justice, and the right to an effective remedy before a tribunal and to a fair trial.
Amendment 60 #
2018/0064(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Pillar of Social Rights was jointly proclaimed by the European Parliament, the Council and the Commission at the Social Summit in Gothenburg on 17 November 2017. That Social Summit recalled the need to put people first, in order to further develop the social dimension of the Union, and to promote convergence through efforts at all levels, as confirmed during the conclusions of the European Council of 14 December 2017. The Social Pillar is of a political nature, and does not confer new competences on the European Union.
Amendment 61 #
2018/0064(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 62 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission 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. The Member States retain full scrutiny and control over the remit and work programme of the Authority.
Amendment 65 #
2018/0064(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, a by identifying underutilised existing budget lines. Any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority can co-finance the budget of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
Amendment 68 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) AThe establishment of a European Labour Authority (the ‘Authority’) should be established in order to helpconsidered if it proves to have a European added value in strengthening fairness and trust in the Single Market. To that effect, the Authority shcould 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, while fully respecting the competences of the European Court of Justice and without prejudice to the rights of Member States and the persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States or the Treaty.
Amendment 69 #
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, such as: 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 and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and, European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency (Frontex).
Amendment 71 #
2018/0064(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to bring an operational dimension to the activities of existing bodies in the areas of cross-border labour mobilityavoid multiplication of EU bodies, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69 . With the establishment of the Authority, those bodies should cease to exist if the Authority can prove to have a clear European added value compared to these existing structures. _________________ 68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26). 69 Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 72 #
2018/0064(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complemensupport the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulations. However, the shifting of tasks to a new European agency is only budgetary sound if there is a proven European added value in shifting these tasks.
Amendment 78 #
2018/0064(COD)
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions.
Amendment 81 #
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 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 85 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 87 #
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 to facilitate 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 89 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross- border labour mobility situations, including posted workers;
Amendment 91 #
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.
Amendment 93 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. TWithout duplicating already existing mechanisms, the Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall:
Amendment 95 #
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 on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 95 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) promote the development of initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes;
Amendment 96 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Authority shall manage the EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. It shall be evaluated if this separation of powers is not resulting in a more complex structure. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.
Amendment 99 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote the 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, while fully respecting data protection regulation.
Amendment 102 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Authority does not have any regulatory power or interpretation capacity, and respects the division of powers as enshrined in the Treaty.
Amendment 103 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, tThe Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
Amendment 105 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyondwithin the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.
Amendment 106 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to ensuring fair labour mobility while 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 enforcement of the rules on 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 108 #
2018/0064(COD)
(a) develop commonnon-binding guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as sharednon-binding definitions and common concepts, building on relevant work at the Union level; the Authority does not have any regulatory powers or interpretation capacity, and respects the division of powers as enshrined in the Treaty.
Amendment 109 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The use of the mediation procedure shall remain voluntary for the Member States involved. The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.
Amendment 110 #
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 in the course of the mediation procedure. Personal data shall only be kept for as long as they are necessary for the purposes for which the personal data are processed.
Amendment 112 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 113 #
2018/0064(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 114 #
2018/0064(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Labour mobility creates economic benefits for the EU as a whole. However, public support for the internal market is eroding due to persisting abusive and unfair practices such as letterbox companies, illegal postings and social fraud. The enforcement of existing rules has been moving forward slowly, and cooperation and exchange of information between Member States are currently inadequate. The enforcement of existing European rules needs to be improved, however, without creating additional administrative burdens. Bureaucracy and multiplication of EU bodies should be avoided. Therefore, improving existing EU-level structures should be given preference over creating a new EU body. The EU should always strive for the most efficient and cost-effective way in achieving its aims, while fully respecting Member States' competences.
Amendment 125 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members upon the condition that they are mobile in the EU.
Amendment 128 #
2018/0064(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation. The Authority does not have any regulatory power or interpretation capacity, and respects the division of powers as enshrined in the Treaty.
Amendment 140 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fair and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting thefair cross-border mobility of individuals by facilitating access to cross-border mobility services, such as the cross-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53 . __________________ 53 Regulation [Single Digital Gateway – COM(2017)256]
Amendment 155 #
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. Overlaps in competences between the Authority and EURES should be avoided. __________________ 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 163 #
2018/0064(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities. Data exchange, in particular of social security data, should take into account cyber criminality and security aspects, and should be strictly regulated.
Amendment 166 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law. The Authority should never take up the role of national authorities and respects the principle of subsidiarity. There is no legal basis in the Treaty that allows for a European inspection system in the labour domain.
Amendment 180 #
2018/0064(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Authority should develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on territorial cohesion. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies or services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope, while respecting data protection rules and taking into account cybersecurity risks. This does not entail the creation of new reporting obligations for Member States.
Amendment 182 #
2018/0064(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To strengthen the capacity of national authorities and improve consistency in the application of Union law within its scope, the Authority should provide operational assistance to national authorities, including by developing practical guidelines, establishing training and peer learning programmes, promoting mutual assistance projects, facilitating staff exchanges such as those referred to in Article 8 of Directive 2014/67/EU, and supporting Member States in organising awareness-raising campaigns informing individuals and employers of their rights and obligations. The Authority should promote the exchange, dissemination and uptake of good practices. The Authority does not have any regulatory power or interpretation capacity, and respects the division of competences as enshrined in the Treaty.
Amendment 187 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolvmediating disputes between Member States in relation to the application of Union law that falls within its scope. It should build onExisting examples of mediation procedures are the 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 and, while they need to be improved, should not be duplicated. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The use of the mediation procedure should remain voluntary for the Member States involved. 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 883/2004The Authority fully respects the competences onf 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- 45European Court of Justice, and the right to an effective remedy before a tribunal and to a fair trial.
Amendment 198 #
2018/0064(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 209 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission 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. The Member States remain full scrutiny and control over the remit and work programme of the Authority.
Amendment 220 #
2018/0064(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, a by identifying underutilised existing budget lines. Any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority can co-finance the budget of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
Amendment 228 #
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, such as: 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 and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and, European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency (Frontex).
Amendment 230 #
2018/0064(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to bring an operational dimension to the activities of existing bodies in the areas of cross-border labour mobilityavoid multiplication of EU bodies, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69 . With the establishment of the Authority, those bodies should cease to exist if the Authority can prove to have a clear European added value compared to these existing structures. __________________ 68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26). 69 Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 239 #
2018/0064(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complemensupport the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulations. However, the shifting of tasks to a new European agency is only budgetary sound if there is a proven European added value in shifting these tasks.
Amendment 322 #
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.
Amendment 338 #
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 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 374 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 394 #
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 to facilitate 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 411 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross- border labour mobility situations, including posted workers;
Amendment 433 #
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.
Amendment 442 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. TWithout duplicating already existing mechanisms, the Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall:
Amendment 448 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) promote the development of initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes;
Amendment 461 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Authority shall manage the EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. It shall be evaluated if this separation of powers is not resulting in a more complex structure. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.
Amendment 519 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote the 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, while fully respecting data protection regulation.
Amendment 528 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Authority does not have any regulatory power or interpretation capacity, and respects the division of powers as enshrined in the Treaty.
Amendment 541 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, tThe Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
Amendment 647 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyondwithin the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.
Amendment 684 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop commonnon-binding guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as sharednon-binding definitions and common concepts, building on relevant work at the Union level; the Authority does not have any regulatory power or interpretation capacity, and respects the division of powers as enshrined in the Treaty.
Amendment 722 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The use of the mediation procedure shall remain voluntary for the Member States involved. The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.
Amendment 731 #
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 in the course of the mediation procedure. Personal data shall only be kept for as long as they are necessary for the purposes for which the personal data are processed.
Amendment 740 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 761 #
2018/0064(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 8 #
2017/2277(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and its entry into force in the EU on 21 January 2011 in accordance with Council Decision 2010/48/EC of 26 November 2009,
Amendment 13 #
2017/2277(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to its resolution of 30 November 2017 on implementation of the European Disability Strategy,
Amendment 14 #
2017/2277(INI)
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
- having regard to its resolution of 7 July 2016 on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee,
Amendment 27 #
2017/2277(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a distinction exists between disability, injury, illness and conditions associated with age, these also often overlap and require a comprehensive yet case-by-case approach to an individual;
Amendment 48 #
2017/2277(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas employers, workers, families and communities benefit when work disability is transformed into work ability;
Amendment 210 #
2017/2277(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls Articles 26 and 27 of the UNCRDP that bind the State Parties to organise, strengthen and extend rehabilitation services and programmes, particularly in the areas of health, employment, education and social services and to promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in returning to employment;
Amendment 211 #
2017/2277(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on Member States in cooperation with the Commission and relevant EU agencies to ensure increased level of awareness of the negative health effects of long term work absence, such isolation, psychosocial difficulties, socioeconomic consequences, employability;
Amendment 10 #
2017/2270(INL)
Motion for a resolution
Recital A
Recital A
A. whereas despite numerous announcements and requests for safe legal pathways for persons seekrequiring international protection there is currently no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seekobtain international protection;
Amendment 32 #
2017/2270(INL)
Motion for a resolution
Recital F
Recital F
F. whereas both Council and the Commission have rejected these amendments, on the ground, among others, that, under the case law established by the European Court of Justice, such provisions should not be included in the Visa Code, given its scope covering short- stay visas only;
Amendment 36 #
2017/2270(INL)
Motion for a resolution
Recital G
Recital G
G. whereas Parliament, faced with the Commission’'s inaction, haslegal arguments and the Council's political arguments, therefore decided to proceed with drawing up this legislative own-initiative report on humanitarian visas; in exchange for progress regarding the Visa Code; whereas, however, the Visa Code negotiations finally foundered on provisions regarding European humanitarian visas that the S&D Group refused to abandon;
Amendment 41 #
2017/2270(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that Commission submitexamine, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union, whether a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out in the Annex to this resolutionhas a real added value over and above the pooling of national efforts initially sought by [the new regulation establishing a Union resettlement framework or] Directive 2001/55/ EC, using national humanitarian visas, or in accordance with Article 25(1)(a)(i) of the European Visa Code (810/2009/EC) and Article 5(4)(c) of the Schengen Borders Code (562/2006/EC);
Amendment 54 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – subheading 1
Annex I – paragraph 1 – subheading 1
Amendment 55 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 1
Annex I – paragraph 1 – indent 1
Amendment 57 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 2
Annex I – paragraph 1 – indent 2
– may have Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union as legal basis,
Amendment 60 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 3 – introductory part
Annex I – paragraph 1 – indent 3 – introductory part
– be justified byit must be examined whether:
Amendment 62 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 1
Annex I – paragraph 1 – indent 3 – subi. 1
– the currenta legal gap exists in Union law which does not foresee clear procedures, neither in the visa, nor in the borders or asylum acquis, for the admission to the territory of the Member States of persons seeking protection, with an estimated 90 % of the persons subsequently being recognised as refugees and beneficiaries of subsidiary protection reaching the territory of the Member States irregularly,1often through life-threatening routes, _________________ 1HEIN / DONATO (CIR) 2012: exploring avenues for protected entry in Europe, p. 17 and whether the sealing of this gap would constitute a real added value,
Amendment 64 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 2
Annex I – paragraph 1 – indent 3 – subi. 2
– the risk of fragmentation as Member States increasingly set up their own programmes of humanitarian admission and procedures, going against the general aim under Article 78(1) of the Treaty on the Functioning of the European Union to develop a common policy on asylum and subsidiary and temporary protection, and leading also to the risk that these different schemes undermine the uniform application of the common provisions on entry to the territorywhich logically follows from the exclusive competence of the Member States ofto decide which third- country nationals as laid down in the Schengen Borders Codemay enter their territory,
Amendment 67 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 4
Annex I – paragraph 1 – indent 3 – subi. 4
– the added value of Union action, in terms of ensuring compliance with Union values, including fundamental rights, mutual trust between Member States and confidence in the system by asylum seekers, legal certainty, foreseeability, and the similar application and implementation of the rules, the achievement of economies of scale, and the reduction of the above-cited costs of the status quocurrent Union approach, under which every illegal entry is rewarded with the possibility of starting an asylum procedure, leading to life- threatening situations by encouraging individuals or entire families to board rickety vessels and brave the Mediterranean Sea in the (often vain) hope of obtaining right of residence in the Union, even if they were already safely established in a third country,
Amendment 70 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 4
Annex I – paragraph 1 – indent 4
– recall that the so-called Asylum Procedures2 Directive2 and Dublin Regulation3 only apply on the territory of the Member States, while there is, at present, noa regular means for asylum applicants to reach the territory where these instruments apply, subject to the prior consent of the host Member State, _________________ 2 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 L 180, 29.6.2013, p. 60). 3 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
Amendment 78 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 5
Annex I – paragraph 1 – indent 5
– may have as an objective to lay down provisions on the procedures and conditions for issuing a humanitarian visa to persons seekdeserving international protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application forobtaining international protection in that Member State,
Amendment 81 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 6
Annex I – paragraph 1 – indent 6
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014, and who are in need of protection against a real risk of being exposed to persecution or serious harm, as defined in Directive 2011/95/EU5, in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who, are not covered by [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6, _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 Diside from the question of recognition as refugees, are not already recteive 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). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in ing sufficient protection in the first country of asylum under article 33(2)(b) in conjunction with Article 35(b) of the current Asylum Procedures Direcetiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).e (Directive 2013/32/EU),
Amendment 90 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 8
Annex I – paragraph 1 – indent 8
– provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant’s identity in the form of identity papers, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecution or serious harm,
Amendment 97 #
2017/2270(INL)
– provide that the applicant for such a visa may be invited to an interview, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
Amendment 104 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 11
Annex I – paragraph 1 – indent 11
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm without conducting a full status determination processin their country of origin and whether the applicants were already safe in a transit country in accordance with Article 33 et seq. of the Asylum Procedures Directive (Directive 2013/32/EU),
Amendment 107 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 11 a (new)
Annex I – paragraph 1 – indent 11 a (new)
– whereas a list of safe first countries of asylum within the meaning of Article 33 et seq. of the Asylum Procedures Directive (Directive 2013/32/EU) must be drawn up in advance; whereas Turkey, Lebanon and Jordan at least should be counted among such safe transit countries, save in exceptional situations where individual applicants may not receive appropriate treatment on entry because of factors such as their ethnic or cultural background, state of health, etc.,
Amendment 111 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 13
Annex I – paragraph 1 – indent 13
Amendment 114 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 14
Annex I – paragraph 1 – indent 14
Amendment 117 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 15
Annex I – paragraph 1 – indent 15
Amendment 120 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 16
Annex I – paragraph 1 – indent 16
Amendment 126 #
2017/2270(INL)
– provide that once a humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa for the sole purpose of making an application forobtaining provisional international protection in that Member State,
Amendment 130 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 19
Annex I – paragraph 1 – indent 19
Amendment 137 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 23
Annex I – paragraph 1 – indent 23
– provide that information on the procedures and conditions of such a visa as well as about the conditions and procedures to obtain international protection in the territory of the Member States be made widely available, including on the websites of the Member States’ embassies and consulates and via the European External Action Service,
Amendment 138 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 24
Annex I – paragraph 1 – indent 24
Amendment 145 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 25
Annex I – paragraph 1 – indent 25
– where a final legislative proposal is forthcoming, be evaluated after two years from the start of its application in view of deciding on a further progressive roll-out to cover ultimately all relevant refugee- producing third countriesor abolition,
Amendment 148 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 1
Annex I – paragraph 1 – indent 27 – subi. 1
– the Visa Code to clarify that for persons seeking international protection other provisions of the act establishing a European Humanitarian Visa apply,
Amendment 151 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 3
Annex I – paragraph 1 – indent 27 – subi. 3
Amendment 155 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 5
Annex I – paragraph 1 – indent 27 – subi. 5
Amendment 43 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) to ensure that the deepening of relations between the EU and Azerbaijan is undertaken on the basis of mutually agreed ambitions and theconditional on upholding of the core values and principles of democracy, the rule of law, good governance, respect for and good governance, as well as on providing solid legal guarantees in the areas of the rule of law, human rights and fundamental freedoms, in the interest of both parties and especially their citizens;
Amendment 52 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) to remind the Azerbaijani authorities about the European Parliament’s position as expressed in its resolution of 15 November 2017 on the Eastern Partnership, which unambiguous and clearly states that no comprehensive agreement will be ratified with a country that does not respect EU values, in particular with regard to the non-implementation of decisions by the European Court of Human Rights and the harassment, intimidation and persecution of human rights defenders, NGOs and journalists; to ensurge that significant steps are taken as regards the release of political prisonere Azerbaijani authorities to implement the ECtHR decisions; to ensure that all political prisoners, including journalists, activists and prisoners of conscience in Azerbaijan are released before any new EU- Azerbaijan agreement; to ensureinclude in the new agreement a dedicated suspension mechanism related to human rights and fundamental freedoms is included in the new agreementwith clear provisions on respect for human rights, rule of law and fundamental freedoms;
Amendment 64 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point d
Paragraph 1 – point d
(d) to ensure that the future agreement with Azerbaijan is ambitious, comprehensive and forward-looking, and will delivering tangible and concrete benefits not only for large companies but also for SMEs and for the citizens of the EU and of Azerbaijan; to include in the new agreement specific supervision and control mechanisms against money laundering schemes, fraud and corruption;
Amendment 68 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) to ensure, in so far as the above conditions are fulfilled, speedy and steady progress in the negotiations with the objective of signing this new agreement before the next Eastern Partnership Summit in 2019, only in so far as the above conditions are fulfilled;
Amendment 74 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) to actively and clearly communicate about the conditions and aims of the new agreement, in order to improve public awareness, both in Azerbaijan and in the EU, about the expected opportunities and benefits that would arise from its conclusion, thereby countering all disinformation campaigns;
Amendment 81 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) to provide for regular and in-depth dialogue, notably on politicalpushing for solid reforms aimed at bolstering institutions, such as the judiciary in order to make them more democratic and independent, onwith a strong focus on the judiciary, upholding of human rights, and onprotecting investigative journalism, fostering a strong civil society and ensuring its involvement in the reform process; to include in the new agreement regular reporting mechanisms on the status of the above- mentioned reforms;
Amendment 90 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) to establish specific measures aimed at implementingnsure that the recommendations by the OSCE/ODHIR and the Council of Europe’s Venice Commission with a view to ensuring progress towardsare implemented, with a view to establish new legislation guaranteeing the organization of elections and referenda that allow for a free and fair expression of Azerbaijani citizens’ views and aspirations; to put strong emphasis on the effectiveness and impartiality of the election administration, the conduct of the campaign and the respect for fundamental freedoms, media coverage of the elections and the administration of election day procedures, including the vote count and tabulation of results, as called for by the OSCE; to further monitor the organization of future elections until these requirements are met;
Amendment 93 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) to aim for provisions that enhance cooperation in promoting peace and international justice and in particular for Azerbaijan to sign and ratify the Rome Statute of the International Criminal Court (ICC); to calsl upon Azerbaijan to respect its obligations as a member of the Council of Europe and abide by the decisions of the ECtHR; to seek stronger cooperation measures in countering the proliferation of weapons of mass destruction as well as tackling illicit trade in small arms and light weapons;
Amendment 98 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point j
Paragraph 1 – point j
(j) to provide for closer cooperation in foreign and security matters to ensure as much convergence as possible, in particular as regards responses to global threats, conflict prevention, crisis management and regional cooperation;
Amendment 148 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) to provide support for reform of the judiciary aimed at ensuring its independence from the executive and at strengthening the rule of law, as well as developing a strong framework for the protection of human rights and gender equality; to make sure that strong legislation is in place for preventing and sanctioning politically exposed persons´ involvement in corruption, traffic of influence, money laundering, abuse of office and other related offences, particularly within the framework of the recent joint journalistic investigations revealing the involvement of a number of Azeri officials in such activities;
Amendment 160 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) to put in place specific proviclosely monitor and evaluate, before any agreement is in place, Azerbaijan´s progress in fighting corruption, money laundering and tax evasions; to support Azerbaijan in fighting corruption, money laundering and tax evasiontake into account and push for the investigation of all recent disclosures related to the Azeri Laundromat, a money-laundering operation which, according to OCCRP, handled $2.9 billion over a two-year period, between 2012 and 2014, through four shell companies registered in the United Kingdom, as well as for the investigation of the findings related to Azerbaijan in the PANA fact finding EP mission’s report in Malta; to be aware that there is evidence revealing government ministries as the direct source of some of this money, as well as strong connections to high-ranking Azeri officials;
Amendment 164 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point n d (new)
Paragraph 1 – point n d (new)
Amendment 171 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) to include provisions related to the protection of human rights and fundamental freedoms aimed at endingnd ensure that political prosecutions and abductions, the targeting of political dissidents, independent journalists, human rights defenders, NGO representatives and members of some minority groups including the LGBTQ community; to set up a reinforced forum for a human rights dialogue are put to an end by Azeri authorities and to reiterate that these practices are unacceptable for any potential partner country of the EU; to reinforce the dialogue on human rights and fundamental freedoms between the EU and Azerbaijan to encourage and to support in particular the implementation of comprehensive reforms of the judiciary, all in line with EU standards;
Amendment 192 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(qa) to ensure an immediate review of legislation decriminalising online defamation, in particular that of the president, especially as the penalty for this offence has recently been increased to up to 5 years of imprisonment; to urge Azerbaijan to move away from such dictatorial practices and align to EU standards;
Amendment 196 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
(r) to ensure, before the conclusion of the negotiations, that Azerbaijan takes significant steps as regards the release ofreleases the political prisoners and prisoners of conscience which, in 2017, exceeded 150 persons, including, among the most emblematic cases, Ilgar Mammadov, Afgan Mukhtarli, Mehman Huseynov, Ilkin Rustamzada, Seymur Hazi, Rashad Ramazanov, Elchin Ismayilli, Giyas Ibrahimov, Beyram Mammadov, Asif Yusifli, Fuad Gahramanli and Aziz Orujov, theand lifting ofs their travel bans, once released, including those of Khadija Ismayilova and Intigam Aliyev; to immediately secure the release and improvement of the situation of these individuals via the judiciary and the application of the rule of law;
Amendment 206 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point r c (new)
Paragraph 1 – point r c (new)
(rc) to urge Azerbaijan to immediately address the unprecedented infringement proceedings launched by the Council of Europe in 2017 and ensure the unconditional release of opposition politician Ilgar Mammadov, thus complying with a judgment from the European Court of Human Rights from 2014;
Amendment 216 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point s
Paragraph 1 – point s
(s) to seek, before the conclusion of the negotiations, that Azerbaijan commits to investigations intoi authorities investigate into and report on results concerning all cases of mistreatment of political prisoners and prisoners of conscience, notably in the case of the late Mehman Galandarov, who died in custody;
Amendment 231 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
(t) to underline the importance of a free and independent media, both off and on-line and to ensure a strengthened EU support for free and pluralistic media in Azerbaijan, with editorial independence and in line with EU standards, and pointing out that ain light of the fact that currently 5 major media outlets are permanently blocked by Azerbaijan under the pretext of national security and that for press freedom, Azerbaijan ranks 162 out of 180 countries, according to Reporters Without Borders; to point out that reinforced attention to press and media freedom cshould take the form of a regional initiative encompassing all the Eastern Partnership countries;
Amendment 245 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point w
Paragraph 1 – point w
(w) to allow for increased cooperation in the energy sector in line with the EU’s and Azerbaijan’s strategic energy partnership, while taking into account that in March 2017, the EITI (The Extractive Industries Transparency Initiative) suspended Azerbaijan’s membership for failing to comply with the group’s civil society requirements; to push for Azerbaijan to realign to these requirements;
Amendment 251 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point y
Paragraph 1 – point y
(y) to put in place ambitious provisions on environmental protection and climate change reduction, in line with the Union´s climate change agenda, as part of the new agreement, including through a mainstreaming of these policies as part of other sector policies;
Amendment 74 #
2017/2039(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas more effort on the side of the Member States is needed to support and target young people furthest or entirely detached from the labour market, such as young people with disabilities
Amendment 104 #
2017/2039(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that programmes such as the YG and YEI were created in special circumstances and must not serve as a substitute for Member States’ own efforts and initiatives to fight youth unemployment through various means (e.g. innovation, entrepreneurship)
Amendment 134 #
2017/2039(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States and relevant stakeholders (such as NGOs working with people with disabilities) to actively contribute and support the outreach to the people furthest from the labour market.
Amendment 152 #
2017/2039(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Member States to rapidly improve the communication of existing support programmes available to young people, especially to the groups furthest from the labour market.
Amendment 173 #
2017/2039(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that Member States’ efforts to improve monitoring, reporting and the quality of the data provided are prerequisites for improving policies for activating young people and YG and YEI in general.
Amendment 201 #
2017/2039(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that any future financial increases must take into account the observations and conclusions of the Court of Auditors stressing the lack of focus and quantifiable objectives on the side of the Member States.
Amendment 204 #
2017/2039(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Stresses that any future increases in funding of the YG and YEI are to be thoroughly assessed in terms of their added value in providing a sustainable integration of the young people in the labour market.
Amendment 55 #
2017/2002(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas the EU is a platform best positioned to share best practices and support mutual learning among Member States;
Amendment 110 #
2017/2002(INI)
Motion for a resolution
Recital L d (new)
Recital L d (new)
L d. whereas ageing population in Europe increases demand for healthcare professionals, social care and medical services;
Amendment 111 #
2017/2002(INI)
Motion for a resolution
Recital L e (new)
Recital L e (new)
L e. whereas low-skilled population faces an increased risk of unemployment and social exclusion;
Amendment 176 #
2017/2002(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Maintains that entrepreneurship is a feasible option to support participation in the labour market for many people with disabilities; points in this regard to a potential of improving digital skills of people with disabilities and the importance of increasing awareness of entrepreneurship as a potential labour market activity;
Amendment 276 #
2017/2002(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Notes the need to provide easily accessible information in accessible form on how the adults benefit from improved skills throughout their careers;
Amendment 427 #
2017/2002(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Urges the Commission to make the information on skills, training and available funding accessible to as wide a group of people as possible, taking into account the wide variety of impairments; calls on the Member States to make the design of websites and online platforms providing information on support services and funding accessible to people with disabilities.
Amendment 462 #
2017/2002(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34 b. Takes the view that ensuring the availability of information on sources of available financing options, programs and up-skilling is available in accessible formats and the financing programmes do not discriminate based on disability;
Amendment 77 #
2017/0355(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017The European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, states that the Principles should be implemented at both Union level and Member State level within their respective competences, taking due account of different socio-economic environments and the diversity of national systems, including the role of social partners, and in accordance with the principles of subsidiarity and proportionality. At Union level, the European Pillar of Social Rights does not entail an extension of the Union’s powers and tasks as conferred by the Treaties. It should be implemented within the limits of those powers. The European Pillar of Social Rights respects the diversity of the cultures and traditions of the peoples of Europe, as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels. In this context, Principle 7 of the Pillar, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered.
Amendment 81 #
2017/0355(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The establishment of the European Pillar of Social Rights does not affect the right of Member States to define the fundamental principles of their social security systems and manage their public finances, and must not significantly affect the financial equilibrium thereof.
Amendment 83 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and can lead to reduced predictability for the workersemployee concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workeremployees to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 le at the same time maintaining certain degree of flexibility in employment relationships. __________________ 33 Council Directive 91/533/EC of 14 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 91 #
2017/0355(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 92 #
2017/0355(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workeremployees 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. Moreover, gaps in protection have emerged for new formscontaining information on the essential elements of their contract or employment relationship. Taking into account the changing nature of employment crelated as a result ofionships and labour market developments since 1991in the Member States since 1991, amendments are necessary in order to ensure that all employees are informed about their essential working conditions.
Amendment 96 #
2017/0355(COD)
Proposal for a directive
Recital 5
Recital 5
(5) MWhile fully respecting the principles of subsidiarity and proportionality, minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every workeremployee should therefore be established at Union level in order to guarantee all workeremployees in the Union an adequate degree of transparency and predictability as regards their working conditions.
Amendment 105 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 119 #
2017/0355(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive in no way interferes with the Member States’ definitions and right to define the term “employee”. National definitions have been adapted over the years in law, collective agreements and jurisprudence, to take into account new forms of work and changes in national labour law and social security.
Amendment 156 #
2017/0355(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workersevery paid employee having a contract or employment relationship defined by the law in force in a Member State and/or governed by the law in force in a Member State have to be informed in writing. It is necessary to adapt that list in order to take account of developments on the labour market, in particular the growth of non- standard forms of employment.
Amendment 191 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) WorkerEmployees should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start, in paper form ofr employmentlectronically. The relevant information should therefore reach them at the latest owithin the first 15 days of the employment.
Amendment 329 #
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 workeremployee in the Union.
Amendment 526 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall in accordance with national law and practice be provided individually to the workeremployee in the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the workeremployee and can be stored and printed.
Amendment 546 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shallmay develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workeremployees and employers including by making them available on a single official national website and by other suitable means.
Amendment 666 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) if work takes place within predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), or in accordance with Union law and national law and practice, and
Amendment 743 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employeres are required by their employers, Union or national legislation or relevant collective agreements to providundertake training to win orkders to carry out the work for which they are employed, such training shall be provided cost-free to the workeremployee.
Amendment 788 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a workern employee has not received in due time, as defined by national law and practice, all or part of the documents referred to in Article 4(1), Article 5, or Article 65, and the employer has failed to rectify that omission within 1530 days of its notification, one of the following systems shall apply:
Amendment 794 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectivelywhere the information provided did not include the information referred to Article 3(2), the employee shall benefit from favourable presumptions defined by the Member State. Employers shall have the possibility to rebut the presumptions; or
Amendment 807 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the workeremployee shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 1530 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.
Amendment 1 #
2017/0266(NLE)
Proposal for a recommendation
Citation 3 a (new)
Citation 3 a (new)
– having regard to Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA1a, ____________________ 1a OJ L 88, 31.3.2017, p. 6.
Amendment 2 #
2017/0266(NLE)
Proposal for a recommendation
Citation 3 b (new)
Citation 3 b (new)
– having regard to Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union1a, ____________________ 1a OJ L 386, 29.12.2006, p. 89.
Amendment 3 #
2017/0266(NLE)
Proposal for a recommendation
Citation 3 c (new)
Citation 3 c (new)
– having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime1a, ____________________ 1a OJ L 210, 6.8.2008, p. 1.
Amendment 4 #
2017/0266(NLE)
Proposal for a recommendation
Citation 3 d (new)
Citation 3 d (new)
– having regard to Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States1a, ____________________ 1a OJ L 190, 18.7.2002, p. 1.
Amendment 1 #
2017/0265(NLE)
Proposal for a recommendation
Citation 3 a (new)
Citation 3 a (new)
– having regard to Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA1a, ____________________ 1a OJ L 88, 31.3.2017, p. 6.
Amendment 2 #
2017/0265(NLE)
Proposal for a recommendation
Citation 3 b (new)
Citation 3 b (new)
– having regard to Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union1a, ____________________ 1a OJ L 386, 29.12.2006, p. 89.
Amendment 3 #
2017/0265(NLE)
Proposal for a recommendation
Citation 3 c (new)
Citation 3 c (new)
– having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime1a, ____________________ 1a OJ L 210, 6.8.2008, p. 1.
Amendment 4 #
2017/0265(NLE)
Proposal for a recommendation
Citation 3 d (new)
Citation 3 d (new)
– having regard to Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States1a, ____________________ 1a OJ L 190, 18.7.2002, p. 1.
Amendment 106 #
2017/0237(COD)
(15) In the light of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens, rules for non-discrimination and assistance during their journey should be established. Persons with disabilities and persons with reduced mobility, whether caused by disability, age or any other factor, have the same right as all other citizens to free movement and to non-discrimination. Inter alia, special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services, access conditions of rolling stock and the facilities on board. In order to provide passengers with sensory impairment with the best information on delays, visual and audible systems should be used, as appropriate. PIf the sales office is closed and if no accessible ticket vending facilities are available at the station, persons with disabilities and persons with reduced mobility should be enabled to buyare allowed to purchase tickets on board athe train without extra charge. They should not be additionally charged for this. Staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility, notably when providing assistance. To ensure equal travel conditions, such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day.
Amendment 111 #
2017/0237(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The cost of a phone call to book assistance should never exceed the regular local call rate because otherwise this is an additional cost for persons with disabilities, in line with point 5.4 of the Commission's Interpretative Guidelines.
Amendment 117 #
2017/0237(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) Service animals need particular attention in the case of long delays, cancellations or other exceptional situations, including the need to drink, eat or be given a run during a delay or upon arrival after a long journey.
Amendment 181 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Articles 5, 10, 11 and 25 and Chapter V, 12, 20, 21, 22, 23, 24, 25 and 26 shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.
Amendment 244 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall routinely provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 257 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Railway undertakings and, where possible, ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 264 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies . Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 . The availability of accessible formats should be clearly advertised.
Amendment 292 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via at least onetwo of the following points of sale:
Amendment 301 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Member States may require railway undertakings to provide tickets for services provided under public service contracts through more than onetwo point of sale.
Amendment 308 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket machine is not fully accessible, passengers shall be informed at the station:
Amendment 449 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. In applying paragraphs 1, 2, 3 and 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities and, persons with reduced mobility and, any accompanying persons and/or service animals.
Amendment 455 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall ensure that stranded passengers, including those with disabilities and/or reduced mobility, are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 473 #
2017/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 480 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). The booking of assistance shall also always be free of charge, irrespective of the communication channel being used.
Amendment 518 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hour30 minutes before the assistance is needed. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 530 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure tim15 minutes before the published departure or the time at which all passengers are asked to check in.
Amendment 536 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation referred to in paragraph 1 shall be speedily awarded and be equal to the full cost of replacement or repair of the equipment or devices lost or damagedbased on the actual value or the full cost of repair of the equipment, including wheelchairs, or devices lost or damaged. In the case of loss of or injury to the service animal, the full cost of replacement or the full reimbursement of all medical expenses. The compensation shall also include the cost of appropriate temporary replacement in case of repair, in case the replacement comes at an extra charge.
Amendment 545 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnel, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility, receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairmentdisabilities;
Amendment 553 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly or indirectly with the travelling public;
Amendment 559 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all newactively engage and involve persons with disabilities and persons with reduced mobility, including employees receivewith disability-related training and that personnel attend regular refresher training coursesies or reduced mobility, and their representative organizations in the disability-related training of employees and staff.
Amendment 569 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Disability-related training courses mentioned in paragraphs (a), (b) and (c) shall meet the specifications set out in Annex VI.
Amendment 590 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a body national enforcement body or the designated complaint handling body shall be granted the powers and the capacity to enforce individual complaints from passengers under this Regulation.
Amendment 595 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The national enforcement bodies, in collaboration with Disabled Persons’ Organisations (DPOs), shall conduct regular audits of the assistance services provided and publish the results in accessible formats.
Amendment 634 #
2017/0237(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Annex Va DISABILITY-RELATED TRAINING (a) Disability-awareness training Training of staff that deal directly with the travelling public includes: - awareness of and appropriate responses to passengers with physical, sensory (hearing and visual), hidden or learning disabilities, including how to distinguish between the different abilities of persons whose mobility, orientation, or communication may be reduced, - barriers faced by disabled persons and persons with reduced mobility, including attitudinal, environmental/physical and organisational barriers - service animals, including their role and needs, - dealing with unexpected occurrences, - interpersonal skills and methods of communication with deaf people and people with hearing impairments, people with visual impairments, people with speech impairments, and people with a learning disability, - how to handle wheelchairs and other mobility aids carefully so as to avoid damage (if any, for all staff who are responsible for luggage handling); (b) Disability-assistance training Training of staff directly assisting disabled persons and persons with reduced mobility includes: - how to help wheelchair users make transfers into and out of a wheelchair, - skills for providing assistance to disabled persons and persons with reduced mobility travelling with a service animal, including the role and the needs of these animals, - techniques for escorting visually impaired passengers and for the handling and carriage of service animals, - an understanding of the types of equipment which can assist disabled persons and persons with reduced mobility and acknowledge of how to handle such an equipment, - the use of boarding and alighting assistance equipment used and knowledge of the appropriate boarding and a lighting assistance procedures that safeguard the safety and dignity of disabled persons and persons with reduced mobility, - understanding of the need for reliable and professional assistance. Also awareness of the potential of certain disabled passengers to experience feelings of vulnerability during travel because of their dependence on the assistance provided, - a knowledge of first aid.
Amendment 28 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, tohas been increasing, particularly on the national transport market, because of those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common ruse of light commercial vehicles in towns and on shorter routes. Nonetheless, and thus toit is approximpriate competitive conditions between all opthat, for undertakings engaged in internators, this provision should be deleted, whereasional transport, the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory. This will enable fairer competition on the internal market to be achieved without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs.
Amendment 38 #
2017/0123(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.
Amendment 42 #
2017/0123(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The evaluation of Regulations (EC) Nos 1071/2009 and 1072/2009 has shown that unnecessary administrative and regulatory requirements are a burden for both government bodies and transport undertakings. A clarification of the rules and further administrative simplification, in line with the REFIT objectives, are necessary for a competitive and efficient transport industry. This also requires further support for and exploitation of technological developments.
Amendment 45 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common ruhas been increasing, particularly on the national transport market, because of the use of light commercial vehicles in towns and on shorter routes. Nonetheless, and thus toit is approximpriate competitive conditions between all opthat, for undertakings engaged in internators, this provision should be deleted, whereasional transport, the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory. This will enable fairer competition on the internal market to be achieved without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs.
Amendment 46 #
2017/0123(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, as resort to the illegal practice of operating letterbox companies persists and is even increasing.
Amendment 52 #
2017/0123(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Freedom of establishment is a cornerstone of the internal market. However, the illegal practice of using letterbox companies is a threat to the functioning and long-term survival of the internal market. Evaluation has highlighted a clear need for clearer establishment requirements, more intensive monitoring and enforcement, and improved cooperation between Member States. The EU should intensify the fight against fraud and unfair competition in order to create a level playing field.
Amendment 54 #
2017/0123(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.
Amendment 58 #
2017/0123(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The evaluation of Regulations (EC) Nos 1071/2009 and 1072/2009 has shown that unnecessary administrative and regulatory requirements are a burden for both government bodies and transport undertakings. A clarification of the rules and further administrative simplification, in line with the REFIT objectives, are necessary for a competitive and efficient transport industry. This also requires further support for and exploitation of technological developments.
Amendment 61 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 64 #
2017/0123(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, as resort to the illegal practice of operating letterbox companies persists and is increasing.
Amendment 67 #
2017/0123(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Freedom of establishment is a cornerstone of the internal market. However, the illegal practice of using letterbox companies is a threat to the functioning and long-term survival of the internal market. Evaluation has highlighted a clear need for clearer establishment requirements, more intensive monitoring and enforcement, and improved cooperation between Member States. The Union should intensify the fight against fraud and unfair competition in order to create a level playing field.
Amendment 75 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. Cabotage operations meet the objective of environmental efficiency; by avoiding unladen journeys, it is possible to reduce fuel consumption and GHG emissions. However, cabotage should not be misused in order to circumvent the applicable labour and social law of the host Member State. This would undermine not only the level playing field, but also workers’ rights and road safety.
Amendment 81 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 91 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced, in accordance with the actual purpose of cabotage.
Amendment 95 #
2017/0123(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Recital 17 of Regulation (EC) No 1072/2009 explicitly stipulates that the Directive concerning the posting of workers in the framework of the provision of services applies to transport undertakings performing a cabotage operation. Since cabotage involves direct participation in the transport market of the host Member State, this is the only way of achieving a level playing field.
Amendment 96 #
2017/0123(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possiblend up to date, to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. In addition, the national electronic registers must be interoperable in order to ensure a smooth exchange of information between the Member States. The rules on the national electronic register should therefore be amended accordingly.
Amendment 104 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. Cabotage operations meet the objective of environmental efficiency. By avoiding unladen journeys, it is possible to reduce fuel consumption and GHG emissions. However, cabotage should not be misused in order to circumvent the applicable labour and social law of the host Member State. This would undermine not only the level playing field, but also workers’ rights and road safety.
Amendment 105 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(i) point (a) is deleted;replaced by the following: 'undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes and that engage only in national transportation. Member States may, however, lower this limit for all or some categories of road transport operations.’
Amendment 120 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1071/2009
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 123 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced, in accordance with the actual purpose of cabotage.
Amendment 128 #
2017/0123(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Recital 17 of Regulation (EC) No 1072/2009 explicitly stipulates that the Directive concerning the posting of workers in the framework of the provision of services applies to transport undertakings performing a cabotage operation. Since cabotage involves direct participation in the transport market of the host Member State, this is the only way of achieving a level playing field.
Amendment 137 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation (EC) No 1071/2009
Article 5 – point e
Article 5 – point e
(e) hold assets and eave the necessary means to comploy staff proportionate to the activity of the establishwith the above-mentioned requirements;
Amendment 143 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(i) point (a) is deleted;replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes and that engage only in national transportation. Member States may, however, lower this limit for all or some categories of road transport operations.
Amendment 145 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1071/2009
Article 5 – paragraph 2 (new)
Article 5 – paragraph 2 (new)
(3a) the following paragraph 2 is added: ‘The assessment of the effective and stable establishment of an undertaking is always an individual and general assessment, taking into account all relevant factors.’
Amendment 149 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – point b – point xi a (new)
Article 6 – paragraph 1 – point b – point xi a (new)
(xia) cabotage
Amendment 160 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a
Article 6 – paragraph 2 a
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workersevading the applicable labour and social legislation;
Amendment 173 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 1071/2009/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 207 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 209 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
VERORDENING (EG) nr. 1071/2009
Artikel 5, letter e
Artikel 5, letter e
(e) hold assets and employ staff proportionate to the activity of the establishave the necessary means to comply with the above-mentioned requirement.s;
Amendment 215 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation 1071/2009/EC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(3a) The assessment of the effective and stable establishment of an undertaking in the Member State concerned is always an individual and general assessment, taking into account all relevant factors.
Amendment 228 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
VERORDENING (EG) nr. 1071/2009
Artikel 6, lid 1, alinea 3, letter b, punt xi(bis)(nieuw)
Artikel 6, lid 1, alinea 3, letter b, punt xi(bis)(nieuw)
(xia) Cabotage
Amendment 232 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage;
Amendment 239 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3
Article 8 – paragraph 3
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding genuine international carriage.;
Amendment 243 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
VERORDENING (EG) nr. 1071/2009
Artikel 6, lid 2 bis, letter b
Artikel 6, lid 2 bis, letter b
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workersevading the applicable labour and social legislation;
Amendment 256 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall be responsible for pursuing an effective enforcement policy in its territory. As part of that policy, each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 259 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 1071/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.';
Amendment 342 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
‘TFor the purposes of Chapter III on cabotage, the carriage of empty containers or pallets shall not be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.'.’;
Amendment 392 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage.';
Amendment 413 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
‘National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the genuine preceding international carriage.';
Amendment 432 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 1 a – paragraph 1
Article 1 a – paragraph 1
1. Each Member State shall be responsible for pursuing an effective enforcement policy in its territory. As part of that policy, it shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 100 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate and safe accommodation for their regular weekly rest periods if they are taken away from home.
Amendment 106 #
2017/0122(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) A quiet place for drivers to sleep in is of the utmost importance, because a proper night’s sleep is conducive to road safety. The challenges with regard to migrants, cargo theft and violence therefore call for an effective approach.
Amendment 32 #
2017/0113(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) In order to monitor and fight social abuses, serious crime and terrorism more effectively, Member States should register the particulars of the lessee, the actual driver and the vehicle.
Amendment 69 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2006/1/EC
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Member States, in collaboration with the hire companies, shall collect accurate particulars to identify the lessee, the actual driver and the vehicle in a national database and shall ensure that that database is interoperable with other national and European databases.
Amendment 70 #
2017/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2006/1/EC
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. The Member States shall consider whether a system is useful involving real- time checks as to whether the particulars of the lessee and of the actual driver occur in databases of known terrorist suspects in order to prevent attacks using heavy vehicles.
Amendment 71 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Of particularly great importance are high-quality, accessible and affordable facilities for childcare and care for the elderly. They will enable both men and women to reconcile family responsibilities with a professional career.
Amendment 96 #
2017/0085(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The Commission has undertaken a two-stage consultation with the social partners on the challenges related to work- life balance, in line with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among social partners to enter into negotiations on those matters, including on the parental leave. It is however important to take action in this area by modernising and adapting the current legal framework, taking into account the outcome of those consultations, as well as of the open public consultation carried out to seek the views of various stakeholders and citizens.
Amendment 107 #
2017/0085(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed- term contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 142 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations, particularly where children are suffering from serious medical conditions or disabilities. Member States should take the specificity of SMEs into account when planning the above-mentioned arrangements.
Amendment 170 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that rightthis end, Member States should institute appropriate leave systems, tailored to the needs of their people. To prevent abuse, proof of the serious illness or dependency may be required prior to granting of the leave.
Amendment 184 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 198 #
2017/0085(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract or employment relationship for the period of parental leave. In accordance with the case-law of the Court of Justice of the European Union, the employment relationship between the worker and his employer is therefore maintained during the period of leave and, as a result, the beneficiary of such leave, remains, during that period, a worker for the purposes of Union law. When defining the status of employment contract or employment relationship during the period of the leaves covered by this Directive, including as regards entitlements to social security, the Member States should therefore ensure that the employment relationship is maintained.
Amendment 202 #
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 adaptsk for their working schedules to be adapted 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. In order to balance 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 requireMember States should always take the specificity of SMEs into account when planning the above-mentioned arrangements.
Amendment 221 #
2017/0085(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangementswho use leave schemes or flexible working arrangements should enjoy protection from dismissal for having used them. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.
Amendment 226 #
2017/0085(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 243 #
2017/0085(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this DirectiveHowever, rights that have been acquired should not be reversed.
Amendment 253 #
2017/0085(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess thoroughly in advance and to monitor the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro- and small enterprises and for administrative burden.
Amendment 264 #
2017/0085(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 271 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship.
Amendment 324 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) “carer" means a worker providing personal care or support to a relative in case of a serious illness, disability or dependency of a relative;
Amendment 358 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “flexible working arrangements” means the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction inn adjustment of working hours.
Amendment 438 #
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 one yearof reasonable duration. 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 443 #
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. In doing so, they shall take particular account of the specific character of SMEs. Employers shall justify any postponement of parental leave in writing.
Amendment 473 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to einsure that workers have the right to carers' leave of at least five working days per year, per worktitute suitable systems providing for leave that can be taken for purposes of caring. In doing so, each Member. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativetate shall act in accordance with its own needs and traditions, taking account of all the existing leave systems.
Amendment 515 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 562 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 574 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to equivalent posts on equivalent terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 583 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 4, 5 or 6, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.
Amendment 596 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatment ofdiscrimination against workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 605 #
2017/0085(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to requestmade use of any of the flexible working arrangements referred to in Article 9.
Amendment 616 #
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 requestmade use of any of the flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.
Amendment 619 #
2017/0085(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 139 #
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.
Amendment 151 #
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 and do not go beyond or contradict the high level of protection set down in Regulation (EU) 2016/679. This Regulation therefore does 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 this Regulation.
Amendment 154 #
2017/0003(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) While the principles and main provisions of Directive 2002/58/EC of the European Parliament and of the Council22 remain generally sound, that Directive has not fully kept pace with the evolution of technological and market reality, resulting in insufficient clarity and inconsistent or insufficient effectivenforcement of the protection of privacy and confidentiality in relation to electronic communications. Those developments include the entrance on the market of electronic communications services that from a consumer perspective are substitutable to traditional services, but do not have to comply with the same set of rules. Another development concernsor new techniques that allow for tracking of online behaviour of end-users, both of which are not covered by Directive 2002/58/EC. Directive 2002/58/EC should therefore be repealed and replaced by this RegulationRegulation (EU) 2016/679. _________________ 22 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p.37).
Amendment 199 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications during transmission 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. The processing of pseudonymised data, should be incentivised as the act of psedonymisation dramatically reduces any privacy and security risk associated with processing of data related to transmission. 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 necessaryappropriate quality of service requirements, such as latency, jitter etc.
Amendment 205 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications metadata can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consentin accordance with Article 6(1) and 6(4) of Regulation (EU) No 2016/679. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to comply with Regulation (EU) No 2016/679 when processing electronic communications metadata, which should include data on the location of the device. As an exception from obtaining end- users’ consent, tohe processing of electronic communications metadata, which should include data on the location of the device for purposes other than those for which the personal data were initially collected should be allowed in cases where further processing is compatible in accordance with Article 6 (4) and Article 6 (1) of Regulation (EU) 2016/679 generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Therefore, whenever the purpose(s) of further processing cannot be achieved by processing data that is made anonymous, pseudonymisation of data should be allowed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, 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 217 #
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 counter-performance other than money, for instance by end-users being exposed to advertisements. 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 or another basis for processing under Regulation (EU) 2016/679. Basic broadband internet access and voice communications services are to be considered as 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.
Amendment 221 #
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 provided in Regulation (EU) 2016/679. 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 concernedlectronic communication service provider’s end- user. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. 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, for example text to voice service, organization of the mailbox or spam filter services. 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 229 #
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 similaand other 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. 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. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent and for specific and transparent purposes.
Amendment 236 #
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. This may also cover situations where end-users use a service across devices for the purpose of service personalisation and content recommendation. 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.
Amendment 240 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or storedtechnical settings.
Amendment 254 #
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 cookies’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’)Therefore providers of software enabling publically available electronic communications services and permitting the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers end-users a set of privacy setting options in order that end-users may actively select a preferred option after being given the necessary information to make the choice. Such privacy settings should be presented in an easily visible and intelligible manner.
Amendment 257 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 283 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person acting out of their business capacity requires that end-users that are natural persons are asked for consprovided, upon request, with transparent beinfore their personalmation about the data arebeing included in athe directory and the means to verify, correct, update, supplement and delete data relating to them free of charge. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.
Amendment 288 #
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 suchdo not object to the inclusion of their data from providers of number-based interpersonal communication services and electronic communication providers in public 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.
Amendment 305 #
2017/0003(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) When end-users have provided their consent to receiving unsolicited communications for direct marketing purposes, they should still be able to withdraw their consent at any time in an easy manner. To facilitate effective enforcement of Union rules on unsolicited messages for direct marketing, it is necessary to prohibit the masking of the identity and the use of false identities, false return addresses or numbers while sending unsolicited commercial communications for direct marketing purposes. Unsolicited marketing communications should therefore be clearly recognizable as such and should indicate the identity of the legal or the natural person transmitting the communication or on behalf of whom the communication is transmitted and provide the necessary information for recipients to exercise their right to oppose to receiving further written and/or oral marketing messages.
Amendment 307 #
2017/0003(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to allow easy withdrawal of consent, legal or natural persons conducting direct marketing communications by email should present a link, or a valid electronic mail address, which can be easily used by end-users to withdraw their consent. Legal or natural persons conducting direct marketing communications through voice-to-voice calls and through calls by automating calling and communication systems should display their identity line on which the company can be called or present a specific code identifying the fact that the call is a marketing call.
Amendment 314 #
2017/0003(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Service providers who offer electronic communications services should inform end- users of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light ofall comply with the security obligations prescribed in Article 32 of Regulation (EU) 2016/679.
Amendment 322 #
2017/0003(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of the information to be presented, including by means of standardised icons in order to give an easily visible and intelligible overview of the collection of information emitted by terminal equipment, its purpose, the person responsible for it and of any measure the end-user of the terminal equipment can take to minimise the collection. Delegated acts are also necessary to specify a code to identify direct marketing calls including those made through automated calling and communication systems. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201625 . 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. Furthermore, in order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission when provided for by this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. _________________ 25 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1–14).
Amendment 330 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 341 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) electronic communications services which are not publicly availableintended for closed groups or are not publicly available pursuant to Article 2 (2) (c) of Regulation (EU) No 2016/679;
Amendment 475 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) processing is allowed pursuant to Articles 6(1) or 6(4) of Regulation (EU) 2016/679.
Amendment 491 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) if all end-users concerned have given theirthe service provider's end-user has consented to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous, and the provider has consulted the supervisory authority. Points (2) and (3) of Article 36 of Regulation (EU) 2016/679 shall apply to the consultation of the supervisory authoritypursuant to Regulation (EU) 2016/679.
Amendment 574 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d e (new)
Article 8 – paragraph 1 – point d e (new)
(d e) it is necessary for compliance with a legal obligation.
Amendment 576 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. Wherever a clearly formulated declaration of consent is presented before use of a service or access to online content, and if absence of consent for processing prevents a provider from collecting remuneration through their usual means, the provider shall not be obliged to provide the full access to the service or content.
Amendment 596 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The collection of such information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4 (5) of Regulation (EU) No 2016/679.
Amendment 607 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 617 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 629 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of 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 continues.
Amendment 637 #
2017/0003(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 667 #
2017/0003(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Article 25 of Regulation (EU) No 2016/679 shall apply.
Amendment 704 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consentelectronic information, communication and telecommunication services shall collect the data of end- users who are natural persons in order to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevapublicly accessible directories. Upon the request of an end-user who is natural person the directory providers shall provide the end-user with transparent infor the purpose of the directory as determined by the provider of the directory. Providers shall give end-users who are natural personsmation about the data being included in the directory and the means to verify, correct, update, supplement and delete such data.
Amendment 706 #
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 and acting out of their business capacity whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling such. Providers of number-based interpersonal communications services and electronic communications service providers shall inform end-users when new search functions arelated to their own data made available.
Amendment 718 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directories shall provide end-users that are legal personselectronic information, communication and telecommunication services shall provide end-users that are legal persons or natural persons acting in their business capacity with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct, update, supplement and delete such data.
Amendment 725 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct, update, supplement and delete any data related to them shall be provided free of charge.
Amendment 740 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail or phone number from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 744 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the identity of a line on which the can be contacted.
Amendment 745 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
Amendment 750 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
Amendment 763 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
Amendment 146 #
2016/2307(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recognises that women continue to be under represented in the labour market; believes in this regard that flexible employment contracts including voluntary temporary and part-time contracts can play an important role in increasing the levels of participation from groups that might otherwise have been excluded from the labour market including women;
Amendment 76 #
2016/2269(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the level of inequality is shaped by institutions and political interventionsdue, inter alia, to poor policy-making;
Amendment 86 #
2016/2269(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that growing inequalities threaten the future of the European project, erode its legitimacyy is cause for concern and damages trust in the EU as an engine of social progress;
Amendment 101 #
2016/2269(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly believes that the reduction of inequalities must be an institutional priority at the European levelupward convergence must be a European priority, not only in order to tackle poverty or to promote convergence, but also as the precondition for economic recovery, quality job creation and shared prosperity;
Amendment 110 #
2016/2269(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that reducing inequalities is essential to promote fairer and more stable democracies, marginalise populism and extremism and ensure that Europe is a project embraced by all its citizensmarginalise populism and extremism;
Amendment 116 #
2016/2269(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reminds the Commission and the Member States that the European Union must fulfil its commitments under the Treacalls that the Union's objectives in terms ofclude promoting the wellbeing of its peoples, that it aims to establish a highly competitive social market economy geared to full employment and social progress, and that it promotes social justice and protection, equality between women and men, solidarity between generations, and protection of the rights of the child20; _________________ 20 Article 3 of the Treaty on European Union (TEU) and Preamble of the TFEU.
Amendment 120 #
2016/2269(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission and the Member States to evaluate the performance and outcomes of economic policy coordination, taking into account the evolution of social progress and social justice in the EU; warns that the European Semester has not been successful in the achievement of these aims and in reducing inequalitiesincluding the impact on poverty and social mobility in the EU;
Amendment 143 #
2016/2269(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its cCalls for the establishment of an authentic European Pillar of Social Rights and the building of a deeper and fairer social dimension of the EMU, with the necessary legislative, institutional and financial means being devoted to guaranteeing truwhich promotes upwards convergence and can point the way forward towards growth for each Member State; calls nonetheless for the requisite respect for the principles of subsidiarity and proportionality; stresses that Member States must always be allowed sufficient flexibility to be able to pursue appropriate social progresolicies;
Amendment 163 #
2016/2269(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 182 #
2016/2269(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to raise the funding level of the Youth Employment Initiative (YEI) for the period 2017-2020 to least EUR 21 billion, including young people under 30; calls on the Commission to ensure better implementation of the Youth Guarantee, taking into account the latest findings of the European Court of Auditors’ report on use of the YEI;
Amendment 192 #
2016/2269(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that programmes such as the Youth Guarantee and the Youth Initiative must not be a substitute for Member States’ own efforts to fight youth unemployment and promote sustainable integration into the labour market;
Amendment 195 #
2016/2269(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses the importance of following more closely young people leaving the Youth Guarantee/Youth Initiative with a view to their lasting and efficient integration into the labour market;
Amendment 211 #
2016/2269(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concern about the increasing number of involuntary atypical work contracts and forms of non-standard employment linked with precarious working conditions, lower wages, exploitation and poorer social security contributions, and rising inequality and exploitation;
Amendment 217 #
2016/2269(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that part-time working may be a valuable alternative to inactivity;observes that part-time working may encourage certain categories of person to participate in the labour market that are currently under-represented;
Amendment 221 #
2016/2269(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Observes that part-time working goes hand in hand with more flexible and family-friendly working hours;
Amendment 223 #
2016/2269(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that part-time formulae enable young people, for example, to gain initial experience on the labour market while they are still studying, and permit parents to combine employment with family responsibilities;
Amendment 226 #
2016/2269(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 233 #
2016/2269(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 242 #
2016/2269(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. ExpStresses its concern regarding the negative effects ofthat an assessment must be made of what the expected impact will be inc areasing automation due to the delay in adapting legisl where complete or partial automation, which threatens to exert downward pressure on social protection systems and wages, especially affecting low and medium-skilled workersill take place;believes, however, that this should not lead to a reactionary policy but calls for a policy based on research, reflection and selectivity;
Amendment 245 #
2016/2269(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises that developing and cultivating the right mix of skills is vital in a changing labour market;
Amendment 250 #
2016/2269(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for a common approach across Member States regarding the introduction of aon Member States to introduce Minimum Income Scheme,s in order to support people with insufficient income, ease access to fundamental services, combat poverty and foster social integrationcombat poverty and promote social integration; stresses, however, that social security is primarily a matter for which Member States are responsible;
Amendment 257 #
2016/2269(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 265 #
2016/2269(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 273 #
2016/2269(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Emphasises that lifelong learning raises the level of skills and overcomes skills deficits, thereby contributing to better labour market outcomes and productivity;
Amendment 278 #
2016/2269(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 291 #
2016/2269(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Members States to strengthenpromote workers’ rights and foster the bargaining power of employees through structural reforms of labour markets, widto work towards fair terms of employment and safe and humane working conditions; acknowledges the importance of social dialogue but stresses that in a genuing collective bargaining coverage, and promoting unionisatione democracy political decision-making must be assigned primacy;
Amendment 295 #
2016/2269(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights that, in many countries, welfare and social protection systemConsiders that austerity measures are not to blame for the social malaise but indeed on the contrary are intended to provide an escape from it; stresses thave been severely unt it is vital that the Union should require its Member States to put their houses in orderm ined by austerity measures with huge consequences order to secure prosperity and wellbeing for future generations too; emphasises that a strong economic substructure ins terms of income inequalitieshe best guarantee of a social Europe based on solidarity;
Amendment 314 #
2016/2269(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to reform their welfare systems (education, health, pensions and transfers) in order to achieve more effective redistribution and promote fairer distribution, taking into account the new social risks and vulnerable groups that have arisen from the social and economic challenges confronting society;
Amendment 320 #
2016/2269(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. CRecalls on the Commission to put forward a European legal framework in line with the related ILO recommendation to guarantee every European citizen a social protection floor with universal access to healthcare, basic income security and access to the goods and services defined as necessary at national levelthat Article 36 of the Charter of Fundamental Rights stipulates that the EU recognises and respects access to services of general economic interest as provided for in national laws and practices, in order to promote the social and territorial cohesion of the Union; acknowledges the great importance that the Union attaches to public services but stresses that, under the Treaty, Member States bear primary responsibility for them;
Amendment 332 #
2016/2269(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Affirms that universal access to public, solidarity-based and adequate retirement and old-age pensions must be granted to all; calls on the Commission to support Member States in strengthening public and occupational pension systems to provide an adequate retirement income well above the poverty threshold and to allow pensioners to maintain their standard of living;
Amendment 339 #
2016/2269(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that international trade has beenis an engine for growth in many countries, but also can be perceived as a source of inequalitand job creation in many countries; calls on the Commission and the Member State to promote fairer international trade agreements that respect European labour market regulations, while protecting quality employment and workers’ rights and ensuring intra-European and national mechanisms for the compensation of workers and sectors negatively affected, inter alia, provide for respect for and promotion of quality employment and workers’ rights;
Amendment 349 #
2016/2269(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that serious efforts must be made to overcome the current inequality of opportunities for children and young people has damaging consequences for their wellbeing and ‘wellbecoming’ as individuals, thereby contributing to the estrangement of European youth, especially those on the wrong side of the opportunity gap; emphasises that equal opportunities must be actively promoted and that discrimination must be combated;
Amendment 354 #
2016/2269(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission and the Member States to step up the fight against child poverty, ensuring the coordinated implementation of the Investment in Children Initiative through the Child Guarantee scheme;
Amendment 364 #
2016/2269(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States and the Commission to facilitato guarantee a common approach towards a National Child Basic Income to ensure that every child receives a minimum income, therebyccess to child benefit and thus to helping to achieve the goals of the Europe 2020 Strategy on reducing poverty and the risk of social exclusion;
Amendment 374 #
2016/2269(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 385 #
2016/2269(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that, despite existing legislation enshrining the principle of equal pay for work of equal value by male and female workers, there is still a gender pay gap and an even greater gender pension gap; calls on the Commission and the Member States to address the gender gap challenge in pay and pensions;
Amendment 397 #
2016/2269(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 900 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 15 – paragraph 1
Rule 15 – paragraph 1
The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with Rule 182. Nominations shall be with consent. They may only be made by a political group or by at least 40 Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation. Members shall be permitted to serve a maximum of two terms in the office of President pursuant to Rule 19(1), regardless of whether they are served consecutively or not.
Amendment 56 #
2016/2095(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to Eurofound’s European Industrial Relation Dictionary,
Amendment 94 #
2016/2095(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union needs a paradigm shift towards a strong European social model based onconsists of 28 social models all of which to seek to deliver solidarity, social justice, a fair distribution of wealth, gender equality, a high-quality public education system, quality employment and sustainable growth - a model that ensures; whereas the EU can add value to these models by supporting and encouraging new initiatives that will deliver good social protection for all, empowers vulnerable groups, enhances participation in civil and political life, and improves the living standards for all citizens, delivering on the objectives and rights set out in the EU Treaties, the Charter of Fundamental Rights and the European Social Charter;
Amendment 130 #
2016/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission is expected to come forwhas set out that the purpose of the Social Pillard ins the spring of 2017 with a proposal for a binding European Pillar of Social Righto support well-functioning and fair labour markets and welfare systems within the Eurozone Member States;
Amendment 146 #
2016/2095(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the provision and management of social security systems are a Member State competence which the Union coordinates but does not harmonise;
Amendment 152 #
2016/2095(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. Whereas the setting of wages is a Member State competence;
Amendment 223 #
2016/2095(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 228 #
2016/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 260 #
2016/2095(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises the Commissions intention to modernise the existing acquis; believes that in the context of the Better Regulation Agenda, it is important to ensure that EU legislation remains fit for purpose given the rapid change of the world of work, societal developments and scientific knowledge over the last decade;
Amendment 268 #
2016/2095(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that, where the need for action at EU level in the area of employment and social affairs has been clearly identified and fully respects the principles of subsidiarity and proportionality, that a set of indicators to identify the full compliance costs as well as administrative costs of any such legislative act should be applied in order to better assess its impact;
Amendment 271 #
2016/2095(INI)
Motion for a resolution
Subheading 2
Subheading 2
Amendment 277 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls for decisive steps towards legal certainty on what constitutes ‘employment’, also for work intermediated by digital platforms; underlines that open-ended contracts should remain the norm githe Commission to use measures including the use of benchmarks, and to review, update and improven their importance for socio-economic security; calls for the directive on fair working conditions to include relevant minimum standards to be ensured in more precarious forms of employment, in particular: enforcement of existing pieces of legislation in order to help Member States address the emerging opportunities and challenges;
Amendment 300 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
Amendment 320 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
Amendment 336 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
Amendment 357 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for renewedHighlights the Commissions intention to promote upward social convergence in wages throughout the EU; calls on the Commission to actively support a wider coverage for collective bargaining;encourage Member States to considers that to ensure decente benefits of developing policies on living wages, and minimum wages set at a decent level are necessary; recommends the establishment of national wage floors through legislation or collective bargaining, with the objective of attaining at least 60 % of the respe; Stresses the importance of the exchange of best practivce national average wagein this regard;
Amendment 387 #
2016/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 404 #
2016/2095(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Eagerly awaits the outcome of the public consultation on the Working Time Directive; believes that the Commission should produce its detailed impact assessment on the Directive as a matter of urgency;
Amendment 461 #
2016/2095(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to introduce a clear distinction between workers, job seekers and the economically inactive based on recent Court of Justice case law, which upheld the fundamental principle that the right to freedom of movement does not give automatic entitlement to social benefits;
Amendment 506 #
2016/2095(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 537 #
2016/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a European framework forMember States to consider the strong socio-economic arguments in favour of introducing minimum income schemes; highlights the importance of such schemes for maintaining human dignity as well as their role as a form of social investments enabling people to undertake training and/or look for work;
Amendment 570 #
2016/2095(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 588 #
2016/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers child poverty to be a major issue on which Europe should ‘act big’; calls for the swift implementation of a Child Guarantee in all Member States, so that every child now living in poverty can have access to free healthcare, free education, free childcare, decent housing and proper nutritionthe Member States and the EU should take urgent action; Reminds the Commission and the Member States of the EU agenda for the rights of the child which includes 11 concrete actions where the EU can contribute in an effective way to children's well-being and safety;
Amendment 609 #
2016/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 629 #
2016/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 652 #
2016/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports a Skills Guarantee as a new right for everyone to acquire fundamental skills for the 21st century,Calls on Member States, local and regional authorities to identify a broad range of emerging industries and key growth sectors on which Member States should focus on developing their skills base including digital literacy; highlights this as an important social investment, requiring adequate financing;
Amendment 673 #
2016/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 690 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – point a
Paragraph 19 – point a
Amendment 705 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – point b
Paragraph 19 – point b
Amendment 715 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that flexibility in the labour market must not come at the cost of worker rights; believes that balancing workers protection with the ability for individuals and employers to voluntarily agree ways of working that suit both their needs will increase levels of participation from groups that might otherwise have been excluded from the labour market;
Amendment 757 #
2016/2095(INI)
Motion for a resolution
Paragraph 22 – point b
Paragraph 22 – point b
Amendment 779 #
2016/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to set out new concretegether with the Member States to consider policy measures to ensure non- discrimination and equal opportunities;
Amendment 837 #
2016/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to propose a clear roadmap that fully reflects the outcome of the public consultation and to consider the need for legislative updates, withdrawals and other measures that are necessary for full practical application of the EPSR; highlights that in cases of conflict of law, the horizontal social clause (Article 9 TFEU) should be properly applied;
Amendment 970 #
2016/2095(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 986 #
2016/2095(INI)
Motion for a resolution
Paragraph 30 – introductory part
Paragraph 30 – introductory part
30. Reiterates its call for the raising of the MFF 2014-20 ceilings in Believes that in the context of the on-going review of the MFF 2014 - 2020 that the principle of European added value must represent the cordner sto cope with increased needs; calls, in particular, for:ne of all expenditures and that EU funding should not be used to subsidise national approaches but to complement and enhance national programmes, reflecting a performance-based public budgeting model in which each budget line is accompanied by objectives and outputs to be measured;
Amendment 996 #
2016/2095(INI)
Motion for a resolution
Paragraph 30 – point a
Paragraph 30 – point a
Amendment 1001 #
2016/2095(INI)
Motion for a resolution
Paragraph 30 – point b
Paragraph 30 – point b
Amendment 1010 #
2016/2095(INI)
Motion for a resolution
Paragraph 30 – point c
Paragraph 30 – point c
Amendment 1042 #
2016/2095(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 1056 #
2016/2095(INI)
Motion for a resolution
Paragraph 32 – point a
Paragraph 32 – point a
Amendment 1071 #
2016/2095(INI)
Motion for a resolution
Paragraph 32 – point b
Paragraph 32 – point b
Amendment 1084 #
2016/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 1086 #
2016/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 1094 #
2016/2095(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission, the EEAS and theparticipating Member States to translate the EPSR into relevant external action, in particular by promoting the implementation of the UN SDGs, the ILO conventions and European social standards through trade agreements and strategic partnerships;
Amendment 1103 #
2016/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Considers that the EPSR should be adopted in 2017 as a binding agreement between the European Parliament and the European Council, involving social partners at the highest level, and should before any initiatives are proposed under the EPSR, the outcome of the public consultation must be genuinely taken into accountain a clear roadmap for implementation, with concrete commitments and target dates and must fully respect the principle of subsidiarity;
Amendment 10 #
2016/2057(INI)
Draft opinion
Recital B
Recital B
B. whereas people living with disabilities are the most vulnerable and need medicines the mostfor which there is no treatment/drug yet or people living with rare disabilities are in a particularly parlous position;
Amendment 17 #
2016/2057(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the Member States all have different basic set-ups for their social security systems and for funding them, and whereas this opinion has no bearing on them;
Amendment 18 #
2016/2057(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas access to drugs, under certain conditions, can be considered to be of general economic interest within the meaning of Article 106(2) TFEU; whereas Treaty rules, in particular competition rules, can accordingly be disapplied in so far as is necessary to achieve the objective pursued;
Amendment 20 #
2016/2057(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of observing the principle of subsidiarity, as each Member State must address any shortcom; takes the view, however, that better access to medicinges on the basis of its own particular requirementcan be achieved through better cooperation between Member States;
Amendment 28 #
2016/2057(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for EU incentives so as to prompt governments to negotiate jointly with pharmaceuticals - instead of each going it alone - in order to arrive at better prices;
Amendment 34 #
2016/2057(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for support for the progress achieved by the pharmaceutical industry, hitherto driven by European SMEs too, which have transformed the standard of healthcare in Europe and helped to prolong life expectancy;
Amendment 43 #
2016/2057(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends that each Member State should be free to set its own innovation policy in the field of cutting- edge technologies, possibly with the aid of EU fundingPoints out that innovation policy is conducted at Member State level; underlines the importance nonetheless of the EU's supportive and coordinating role; strongly believes that international cooperation and information sharing should be encouraged;
Amendment 49 #
2016/2057(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that the development of an international tool for assessing the efficiency/effectiveness of medicines would be a major advance; calls on the EU to promote the importance of scientific evidence that is freed of all political considerations;
Amendment 53 #
2016/2057(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. RecommendsPoints out that information sharing and thehigh-quality training ofor medical professionals be madeis an immediate priority; stresses that it is also very important to 'train' patients as regards prevention and get them to take that on board;
Amendment 60 #
2016/2057(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. UrgStresses that universal access to medicines should not be contingent on price, which should reflect a fair balancea fair balance must be sought between the cost of research, industry growth and the need for sustainable welfare systems;
Amendment 69 #
2016/2057(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates that the stability of European welfare systems, which are one of the cornerstones of EU cooperation and whose budgets differ greatly from one Member State to another, is contingent on people being in employment, and that high levels of unemployment are making it essential to find new means of funding welfareTakes the view that welfare systems must not be contingent solely on people being in employment, but, rather, that they must be funded from other revenue sources;
Amendment 73 #
2016/2057(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 191 #
2016/2047(BUD)
Motion for a resolution
Paragraph 60 b (new)
Paragraph 60 b (new)
60 b. stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions;
Amendment 204 #
2016/0409(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appropriate safeguards. In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 359 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) children at risk of abduction in accordance with paragraph 4, genital mutilation or other future harm, including all practices that contravene Article 3, 9, or 10 of the Charter of Fundamental Rights.
Amendment 376 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. An alert on a child referred to in paragraph 2(c)at risk of abduction shall be entered at the request of the competent judicial authority of the Member State that has jurisdiction in matters of parental responsibility in accordance with Council Regulation No 2201/200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where that competent judicial authority is situated. In Member States which are party to the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children and where Council Regulation No 2201/2003 does not apply, the provisions of the Hague Convention are applicable. _________________ 74 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
Amendment 378 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4 a. An alert on a child shall be entered where a concrete and apparent risk exists that the child may be removed from the Member State for the purpose of genital mutilation. The assessment whether a missing child is at risk of other future harm shall take into account archaic customs such as child marriages and the possibility that the child be taken to a conflict zone, e g. for the purpose of radicalisation.
Amendment 63 #
2016/0397(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It has emerged from evaluations and discussions within the Administrative Commission for the Coordination of Social Security Systems that in the areas of long- term care benefits, unemployment benefits and family benefits the modernisation process should continue, in order to make such rules fairer, clearer and easier to apply.
Amendment 65 #
2016/0397(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It remains essential that the coordination rules keep pace with the evolving legal and, societal, economic, demographic and technological context in which they operate by further facilitating the exercise of citizens’ rights while at the same time ensuring legal clarity, a fair and equitable distribution of the financial burden among the institutions of the Member States involved and administrative simplicity and enforceability of the rules. In that context, Council Directive 2000/78/EC1a and the United Nations Convention on the Rights of Persons with Disabilities, in particular Article 27 thereof, should be duly taken into account. _________________ 1a Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
Amendment 67 #
2016/0397(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Freedom of movement is a cornerstone of the internal market. However, the internal market cannot function in the absence of mutual trust. In order to safeguard the benefits of mobility, the EU must fight abuse, fraud and unfair competition.
Amendment 74 #
2016/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is necessary to guarantee legal certainty by clarifying that access to social security benefits for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.33 For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 ofn the Treaty on the Functioning of the European Unionright of citizens of the Union and their family members to move and reside freely within the territory of the Member States. __________________ 33 OJ L 158, 30.4.2004, p. 77.
Amendment 82 #
2016/0397(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 94 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of 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.34 In addition, to achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules of this regulation for the determination of applicable legislation in the cases of workers and self-employed who are temporarily posted or sent to another Member State should apply consistently to both employed and self-employed persons. __________________ 34 OJ L 018, 21.01.1997 p. 1. OJ L 018, 21.01.1997 p. 1.
Amendment 104 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least threesix months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured.
Amendment 108 #
2016/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Following the recommendations in the EU Citizenship Report 2013,35 there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegrationIntra-EU mobility can address mismatches between skills and employment opportunities, and help tackling unemployment in the EU. However, the exportability of unemployment benefits poses significant problems in terms of mutual cooperation between Member States for monitoring jobseeking activities. To avoid the misuse of rights, the competent Member State can take into account national labour needs as well as available opportunities into the labour market and to address skills mismatches across borderhost Member State before granting the exportation of unemployment benefits. __________________ 35COM(2013) 269 final.
Amendment 124 #
2016/0397(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) While coordination rules cannot prevent that mobile citizens have lower protection than non-mobile citizens, Member States are encouraged to find bilateral solutions according to Article 16.
Amendment 140 #
2016/0397(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) With a view to expediting the procedure for the verification and withdrawal of documents (in particular concerning the social security legislation which applies to the holder) in case of fraud and error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. Where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between Member States concerning the determination of the applicable legislation, it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time. In case of irrefutable fraud the receiving Member State can refuse these documents. The principle ‘fraus omnia corrumpit’ has an absolute character in Union law.
Amendment 147 #
2016/0397(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single Member State. Moreover, the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin.
Amendment 167 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5a
Recital 5a
(5a) The Court of Justice has held that Member States are entitled to make the access of economically inactive citizens in the host Member State to social security benefits, which do not constitute social assistance within the meaning of Directive 2004/38/EC subject to a legal right of residence within the meaning of that Directive. The verification of the legal right of residence should be carried out in accordance with the requirement of Directive 2004/38/EC. For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 ofn the Treaty on the Functioning of the European Unionright of citizens of the Union and their family members to move and reside freely within the territory of the Member State. In order to improve legal clarity for citizens and institutions, a codification of this case law is necessary.
Amendment 223 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point v c (new)
Article 1 – point v c (new)
“(vc) “work-related disability benefit” means any benefit in kind, cash or combination of both that is provided to economically active citizens with a disability with the objective of supporting their access to, inclusion and retention in the labour market.”
Amendment 229 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point b (new)
Article 3 – paragraph 1 – point b (new)
(bb) “work-related disability benefits”
Amendment 254 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of 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 services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24(XXX) months and that the person is not posted or sentsent with the aim to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46person previously sent. OJ L 018, 21.01.1997 p. 1.
Amendment 280 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24(XXX) months and that the person is not aimed at replacing another posted employed or self-employed person.erson previously sent.
Amendment 292 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 883/2004
Article 13 – paragraph 4 a
Article 13 – paragraph 4 a
Amendment 359 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least threesix months of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 370 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, employment or self- employment in that Member State is less than threesix months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a..
Amendment 383 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(a) In paragraph 1(c) the word “three” shall be replaced by “six” and the words “of three months up to a maximum of six months” shall be replaced by the word, point (c) is replaced by the following: “(c) the competent Member State has assessed the national labour needs as well as the job opportunities in the host Member State and concludes that the exportability of unemployment benefits creates additional possibilities for activation. In that case entitlements to benefits shall be retained for a period of three months from the date when the unemployed person ceased to be available to the employment services “of six months up to the end of the perthe Member State which he left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of this entitlement to benefits under the legislatiodn of that person's entitlement to benefits”; Member State; the competent services or institutions may extent the period of three months up to a maximum of six months. The Member State which declines the exportability of unemployment benefits provides an individual motivation for this decision.”
Amendment 437 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
Article 67 a (new)
22a. The following article is inserted: “Article 67a Indexation of family benefits The competent Member States may index the exportation of family benefits for family member residing in another Member State. "
Amendment 452 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Chapter 9 a (new) – Article 70 a (new)
Chapter 9 a (new) – Article 70 a (new)
Amendment 463 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
Article 76 a – paragraph 1 – indent 1
– the issuance, the electronic format and the contents, with mandatory information of a portable document certifying the social security legislation which applies to the holder,
Amendment 480 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25 a (new)
Article 1 – paragraph 1 – point 25 a (new)
Regulation (EC) No 883/2004
Article 79
Article 79
25a. Article 79 is replaced by the following: “Article 79 Funding of activities in the social security field In connection with this Rregulation and the Iimplementing Rregulation, the European Commission may fund in full or in part: (a) exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data; (b) contribute to the funding of the establishment of an electronic networking system of competent institutions using the Crossroads Bank for Social Security* model as an example.” activities aimed at improviding information to the persons covered by this Regulation and their representatives about the rights and obligations deriving from this Regulation, using the most appropriate means. any other activity aimed at __________________ * http://www.ksz.fgov.be/en/international/pa ge/content/websites/international/aboutcb ss.html
Amendment 511 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point e a
Article 1 – paragraph 2 – point e a
(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or, to avoid to pay social security contributions or to avoid the applicable law, contrary to the law of a Member State in accordance to the basic Regulation and the implementing Regulation;.
Amendment 521 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. Such documents shall only be valid if all sections indicated as compulsory are filled in. However, such documents shall not be required to be accepted in the case of irrefutable fraud by the institution of the receiving Member State.
Amendment 540 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Where the institution of the receiving Member State refuses the validity of the document in the case of irrefutable fraud, it notifies, without delay, the issuing institution. The issuing institution has 25 days to proof the validity of the document or to withdraw the document. During those 25 days the document is considered to be invalid. In case proof of validity is not accepted by the receiving institution, and the issuing institution disagrees, it can bring the matter before the Administrative Commission.
Amendment 542 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EC) No 987/2009
Article 5 – paragraph 4
Article 5 – paragraph 4
7a. In Article 5, paragraph 4 is replaced by the following: “4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it.”
Amendment 552 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the 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 services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediately before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52 OJ L 018 , 21.01.1997 p. 1.
Amendment 565 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a a (new)
Article 2 – paragraph 1 – point 8 – point a a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 2
Article 14 – paragraph 2
(aa) paragraph 2 is replaced by the following: “2. For the purposes of the application of Article 12(1) of the basic Rregulation, the words ‘'which normally carries out its activities there’' shall refer to an employer that ordinarily performs substantial activities, other than purely internal management activities, in the territory of the Member State in which it is established, taking into account of all criteria characterising the activities carried out by the undertaking in question, such as the hours worked in the sending state where such hours worked are at least 25% of the total hours worked. The relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out.”
Amendment 572 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
(ba) in paragraph 8, the third subparagraph is replaced by the following: “In the framework of an overall assessment, a share of less than 25 % in respect of the criteria mentioned above shall be anof hours worked shall indicatore that a substantial part of the activities is not being pursued in the relevant Member State.”
Amendment 584 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
Amendment 596 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
Article 20 a – paragraph 1 – indent 1
Article 20 a – paragraph 1 – indent 1
– the issuance, the electronic format and the contents, with mandatory information of a portable document certifying the social security legislation which applies to the holder,
Amendment 683 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
Regulation (EC) No 987/2009
Article 85a – paragraph 1 – introductory part
Article 85a – paragraph 1 – introductory part
1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party, officials and responsible office-holders authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section:
Amendment 684 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
Regulation (EC) No 987/2009
Article 85a – paragraph 2
Article 85a – paragraph 2
2. In so far as it is permitted under the legislation in force in the Member State of the requested party, the agreement referred to in paragraph 1(b) may provide that officials or responsible office-holders of the Member State of applicant party may interview individuals and examine records.
Amendment 699 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 a (new)
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
Annex XIII a (new)
7a. the following Annex is added: “Annex XIII (a) WORK-RELATED DISABILITY BENEFITS”
Amendment 258 #
2016/0357A(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) When, in exceptional circumstances, a Member State considers necessary to allow a third country national to travel to its territory on humanitarian grounds in accordance with international law, for reasons of national interest or because of international obligations, it should have the possibility to issue a travel authorisation with limited territorial and temporal validity. Reasons relating to international protection should not be classified as humanitarian reasons in the context of the granting of travel authorisations with limited territorial validity.
Amendment 341 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) refugees and stateless persons where the third country in which they reside and which issued their travel document is one of the third countries listed in Annex II to Regulation (EC) No 539/2001 and who are exempted from the visa requirement pursuant to Article 4(2)(b) of that Regulation for an intended stay within the territory of the Member States of a maximum of 90 days within a period of 180 days;
Amendment 369 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'terrorist offences' mean the offences which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHADirective (EU) 2017/541;
Amendment 373 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(na) ‘irregular migration’ means the risk that stateless persons may seek asylum in one of the Member States while the third country in which they are residing and which has issued their travel documents can be classified as safe pursuant to Article 33(2)(c)(ij)(38) of the Asylum Procedure Directive, 2013/32/EU.
Amendment 392 #
2016/0357A(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verifying travel authorisations' applications rejected from the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit in one of the consulted information systems/databases or the specific risk indicators referred to in Article 28, and if necessary initiating the manual procedure further to Article 22;
Amendment 410 #
2016/0357A(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) examining and deciding on applications for travel authorisations' applications rejected by the automated application process, and carrying out where there is a hit or persistent uncertainty, and starting-up by the central ETIAS unit of the manual risk assessment referred to in Article 22;
Amendment 433 #
2016/0357A(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as [the Entry/Exit System (EES)], the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), [the Eurodac] and [the European Criminal Records Information System (ECRIS)] shall be established to enable carrying out the risk assessment referred to in Article 18.
Amendment 440 #
2016/0357A(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Immigration authorities shall have access to the central ETIAS System in order to ascertain the travel authorisation status of a traveller.
Amendment 443 #
2016/0357A(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. If supplementary checks are needed for the purpose of a thorough second line check further to Article 2(13) of Regulation (EU) 2016/399, border control officials shall secure access to the data referred to in Article 15(2) and Article 15(4)(b) to (d), inter alia further to Articles 33 and 37.
Amendment 458 #
2016/0357A(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Holders of a valid travel authorisation shall be informed automatically, by electronic means, of the expiry of their travel authorisation, and shall be invited to submit a fresh application if they wish.
Amendment 469 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Applicants shall also declare that they understand that they may still be denied entry at the border, despite being in possession of a valid ETIAS travel authorisation, pursuant to Article 6 of the Schengen Borders Code 2016/399.
Amendment 483 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
(i) current occupation, job title and name of employer, and for students the academic institution;
Amendment 499 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The applicant shall choose the level and field of education, the current occupation and, the job title and the reason for entry from a predetermined list. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down these predetermined lists.
Amendment 577 #
2016/0357A(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where the automated processing laid down in Article 18(2) to (5) reports one or several hit(s), including if, where Article 18(3) is applied, no hit is yielded but one of the questions further to Article 15(4) has been answered in the affirmative, the application shall be assessed in accordance with the procedure laid down in Article 20, and in the event of persistent doubt or an affirmative hit, Article 22.
Amendment 580 #
2016/0357A(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 622 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Member State responsible for the manual processing of applications pursuant to this Article (the 'responsible Member State') shall be the Member State which has supplied the data that led to the hit or, where there is none, the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j).
Amendment 668 #
2016/0357A(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The ETIAS National Unit shall process the additional information or documentation within 7296 hours of the date of the submission by the applicant.
Amendment 675 #
2016/0357A(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. For the purpose of carrying out the assessment referred to in Article 22(4)(b) the ETIAS National Unit of the responsible Member State shall consult the authorities of the Member State(s) responsible If different Member States have supplied data which are responsible for a hit, the central ETIAS Unit shall inform the dnata having triggional ETIAS Units concerned a hit pursuant to Article 18(2)(d),(e),(g),(h),(i) or (k)nd thus initiate consultation between them.
Amendment 678 #
2016/0357A(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 681 #
2016/0357A(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Where the responsible Member State consults with one or several Member States during the manual processing of an application, the ETIAS National Units of those Member States shall have access to the relevant data of the application file as well as to the hits obtained by the automated system pursuant to Article 18 (2), (4) and (5) which are necessary for the purpose the consultation. The ETIAS National Units of the Member States consulted shall also have access to the relevant additional information or documentation provided by the applicant following a request from the responsible Member State in relation to the matter for which they are being consultedThe ETIAS National Units of those Member States shall have access to the application file.
Amendment 684 #
2016/0357A(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
Amendment 698 #
2016/0357A(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Within 7296 hours of the date of the lodging of an application which is admissible in accordance with Article 17, the applicant shall receive a notification indicating:
Amendment 703 #
2016/0357A(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Applications shall be decided on no later than 7296 hours after the lodging of an application which is admissible in accordance with Article 17.
Amendment 779 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. A travel authorisation shall be valid for fivthree years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States.
Amendment 848 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State concerned considers it necessary on humanitarian grounds in accordance with national law, for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to Article 22 is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 866 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – point d a (new)
Article 38 – paragraph 5 – point d a (new)
(da) the reasons why, if applicable, it was decided not to grant travel authorisation under the regular procedure, indicating therefore that the applicant presents a risk from the point of view of irregular migration, security or public health.
Amendment 870 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. In accordance with Article 26 of the Convention Implementing the Schengen Agreement carriers shall consultTransport companies which convey groups of people by land, sea and air, including by aircraft, bus, train or ferry, shall send a request to the ETIAS Central System in order to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 884 #
2016/0357A(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, if applicable, for which Member State if they hold a travel authorisation with limited territorial validity.
Amendment 886 #
2016/0357A(COD)
Proposal for a regulation
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
2a. If supplementary checks are needed for the purpose of a thorough second line check further to Article 2(13) of Regulation (EU) No 2016/399, border control officials shall secure access to the data referred to in Article 15(2) and Article 15(4)(b) to (d), inter alia further to Articles 33 and 37.
Amendment 934 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
(c) the consultation shall be limited to searching with data referred to in Article 45(2) and (3);
Amendment 144 #
2016/0225(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Such a framework is a necessary part of a well-managed migration policy to reduce divergences among national resettlement practices and procedures, provide for the legal and safe arrival to the territory of the Member States of third- country nationals and stateless persons in need of international protection, help reduce the risk of aafter having reduced large-scale irregular inflow of third-country nationals and stateless persons to the territory of the Member States and thereby having reducinged the pressure of spontaneous arrivals on the Member States' asylum systems, be an expression of solidarity with third countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, help achieve Union's foreign policy objectives by increasing the Union's leverage vis-à-vis third countries, and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries.
Amendment 153 #
2016/0225(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to help reduce the risk of a large-scale irregular inflow of third- country nationals and stateless persons to the territory of the Member States, show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, and help achieve the Union's foreign policy objectives, the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the Commission's Communication of 7 June 2016 on Establishing a new Partnership Framework with third countries under the European Agenda on Migration32 . _________________ 32 COM(2016) 377 final. COM(2016) 377 final.
Amendment 207 #
2016/0225(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to reduce large-scale irregular inflow of third-country nationals and stateless persons to the territory of the Member States, it is crucial that the Council also fixes a maximum total number of persons that the European Union as a whole could accommodate, whether they arrive via legal routes such as resettlement or due to irregular migration.
Amendment 229 #
2016/0225(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In particular, UNHCR should ensure that a healthy mix is achieved, regarding the 'economic refugees' mentioned in this Regulation, between qualified and unqualified individuals, as to avoid third countries disproportionally resettling people that have no immediate added value for their own labour market and as to avoid European countries not giving vulnerable people a chance to come and work on their skillsets.
Amendment 274 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) contribute to the reduction of the risk of a large-scale irregular inflow of third- country nationals and stateless persons in need of international protection to the territory of the Member States;
Amendment 277 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) contribute to international resettlement initiatives interlinked with readmission agreements and combined with safe refuge in transit countries.
Amendment 298 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) the scale and content of commitments to resettlement undertaken by third countries.
Amendment 302 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – introductory part
Article 4 – paragraph 1 – point d – introductory part
(d) a third country's effective cooperation with the Union in the area of migration and asylum shall be a prerequisite, including:
Amendment 317 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 334 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 1
Article 5 – paragraph 1 – point b – point i – indent 1
– women and girls at risk of sexual exploitation;
Amendment 402 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) persons who have already been resettledselected for resettlement, whether successfully or not, by another Member State in the implementation of this Regulation, the Conclusions of the Representatives of the Governments of the Member States meeting within the Council 11097/15 of 20 July 2015, the EU-Turkey Statement of 18 March 2016, the Commission Recommendation C(2015) 9490 of 15 December 2015, or a national resettlement scheme; and
Amendment 34 #
2016/0223(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum agency. That Communication is in line with calls by the European Council on 18- 19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016. Furthermore countering the abuse of the asylum systems of the Member States should act as a guiding principle of this Regulation. _________________ 32 COM (2016) 197 final. 33 EUCO 19.02.2016, SN 1/16.
Amendment 51 #
2016/0223(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account the different particularprinciples laid down in the Council Directive 2003/86/EC1a, which stress the core family unit, the different circumstances of dependency and the special attention to be paid to thbe best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State_________________ 1aCouncil Directive 2003/86/EC of 22 September 2003 on the right to family reunification, OJ L 251, 3.10.2003, p. 12– 18.
Amendment 55 #
2016/0223(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective and of a non-temporary nature.
Amendment 59 #
2016/0223(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. These same acts, methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status.
Amendment 71 #
2016/0223(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39. Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights. _________________ 38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders. 39 Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. 40COM (2016) 378 final.
Amendment 74 #
2016/0223(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back and sanctioned by the Member State responsible in accordance with the procedure laid down by Regulation41and this Regulation. _________________ 41 (EU)No [xxx/xxxx New Dublin Regulation].
Amendment 78 #
2016/0223(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The notion of national security and public order also covers cases in which a third-country national belongs to an association which supports international terrorism or supports such an associationeither directly or indirectly supports terrorism or religious radicalism.
Amendment 87 #
2016/0223(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.
Amendment 91 #
2016/0223(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 98 #
2016/0223(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. Howevand their family members, as regards beneficiaries of subsidiary protectionferred to in the Article 2(9), with social assistance rights. However, Member States should be given somwide flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective and successful participation of the beneficiary of international protection and his or her family members in integration measures.
Amendment 103 #
2016/0223(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Access to basic healthcare, including both physical and mental healthcare, should be ensured to beneficiaries of international protection.
Amendment 112 #
2016/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – introductory part
Article 2 – paragraph 1 – point 9 – introductory part
(9) ‘family members’ means, in so far as the family already existed before the applicant arrived on the territory of the Member Statesin the country of origin, or, in the case of a stateless person, in the country of former habitual residence, the following members of the family of the beneficiary of international protection who are present in the same Member State in relation to the application for international protection:
Amendment 115 #
2016/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44Regulation (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)marked out by the Member State.
Amendment 116 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The applicant shall submit without delay all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Any period of illegal stay in the territory of the Member State before lodging an application for international protection should be investigated as potential evidence of motives for staying in the Union other than legitimately seeking international protection.
Amendment 117 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point d
Article 4 – paragraph 5 – point d
(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so;
Amendment 119 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 121 #
2016/0223(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Protection against persecution or serious harm shall be effective and of a non-temporary nature. That protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, among others, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to that protection.
Amendment 129 #
2016/0223(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant.
Amendment 133 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persons in all Member States. Furthermore countering the abuse of the asylum systems of Member States should act as a guiding principle of this Regulation.
Amendment 135 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) planning of, incitement or contribution to or execution of terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political or religious objective.
Amendment 136 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) serious crimes against sexual self- determination, in accordance with national law of the Member State, such as rape or statutory rape.
Amendment 146 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) he or she has committed a serious crime such as planning of, incitement or contribution to or execution of terrorist act, even if committed with a purportedly political or religious objective or a serious crime against sexual self-determination such as rape or statutory rape;
Amendment 148 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The exclusion of a person from subsidiary protection status shall depend exclusively on whether the conditions set out in paragraphs 1 and 2 are met and shall not be subject to any additional proportionality assessment in relation to a particular case.
Amendment 167 #
2016/0223(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account the principles laid down in Council Directive 2003/86/EC1a , which stress the core family unit, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State_________________ 1aCouncil Directive 2003/86/EC of 22 September 2003 on the right to family reunification, OJ L 251, 3.10.2003, p. 12– 18.
Amendment 180 #
2016/0223(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Within the limits set by international obligations, residence conditions may be imposed on a beneficiary of international protection who receives certain specific social security or social assistance benefits only where those residence conditions are necessary to facilitate the integration of the beneficiary in the Member State that has granted that protection.
Amendment 181 #
2016/0223(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective and of a non-temporary nature.
Amendment 183 #
2016/0223(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx at his or her own expense, deductible from the financial allowances received from the Member State granting the protection. The person subject to a take back procedure shall also be penalised by withdrawal of relevant rights in Section III for a limited period of time.
Amendment 184 #
2016/0223(COD)
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards:
Amendment 190 #
2016/0223(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Minors granted international protection shall have full access to the education system, under the same conditions as nationals of the Member State that has granted protection. other third country nationals legally residing in the Member State that has granted protection. Though Member States should be left the discretion to assign special school facilities for minors, who are granted international protection, in order to safeguard an orderly school environment.
Amendment 193 #
2016/0223(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.
Amendment 194 #
2016/0223(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Amendment 195 #
2016/0223(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards access to appropriate schemes for the assessment, validation and accreditation of their prior learning and experience.
Amendment 197 #
2016/0223(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection with regard to social security.
Amendment 198 #
2016/0223(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards social assistance.
Amendment 202 #
2016/0223(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Access to certain social assistance specified in national law mayshall be made conditional on the effective participation and successful conclusion of the beneficiary of international protection and his or her family members as referred to in the Article 2(9) in integration measures.
Amendment 203 #
2016/0223(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. These same acts, methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status.
Amendment 205 #
2016/0223(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 208 #
2016/0223(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as nationals ofother third country nationals legally residing in the Member State that has granted such protection.
Amendment 211 #
2016/0223(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection.
Amendment 217 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 218 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in Art 22 of Regulation EU No xxx/xxx[Procedures regulation].
Amendment 221 #
2016/0223(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. National dispersal practices of beneficiaries of international protection shall be carried out to the extent possible without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodationin an appropriate and cost-effective manner.
Amendment 226 #
2016/0223(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate the integration ofinto society, beneficiaries of international protection into society, beneficiaries of international protectionand their family members as referred to in the Article 2(9) shall have access to integration measures provided by the Member States, in particulare.g. language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 230 #
2016/0223(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States mayshall make participation in integration measures compulsory. Access to social benefits shall depend on the effective participation and successful conclusion of the beneficiaries of international protection and his or her family members as referred to in the Article 2(9) in integration programs.
Amendment 253 #
2016/0223(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The notion of national security and public order also covers cases in which a third-country national belongs to an association which supports international terrorism or supports such an associationeither indirectly or directly supports terrorism or religious radicalism.
Amendment 261 #
2016/0223(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.
Amendment 274 #
2016/0223(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protectionand their family members in the context of this Regulation with social assistance. However, Member States should be given somwide flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective and successful participation of the beneficiary of international protection and his or her family members in integration measures.
Amendment 334 #
2016/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44Regulation (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).marked out by the Member State;
Amendment 344 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The applicant shall submit without delay all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Any period of illegal stay in the territory of the Member States before lodging an application for international protection shall be investigated as potential evidence of motives for staying in the Union other than legitimately seeking international protection.
Amendment 368 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point d
Article 4 – paragraph 5 – point d
(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so;
Amendment 373 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 445 #
2016/0223(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant.
Amendment 484 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) planning of, incitement or contribution to or execution of terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political or religious objective.
Amendment 486 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) serious crimes against sexual self- determination, in accordance with national law of the Member State, such as rape or statutory rape.
Amendment 562 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) he or she has committed a serious crime such as planning of, incitement or contribution to or execution of terrorist act, even if committed with a purportedly political or religious objective or a serious crime against sexual self-determination such as rape or statutory rape;
Amendment 572 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The exclusion of a person from subsidiary protection status shall depend exclusively on whether the conditions set out in paragraphs 1 and 2 are met and shall not be subject to any additional proportionality assessment in relation to the particular case.
Amendment 701 #
2016/0223(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx. at his or her own expense, deductible from the financial allowances received from the Member State granting the protection. The person subject to a take back procedure shall also be penalised by withdrawal of relevant rights in Section III for a limited period of time.
Amendment 714 #
2016/0223(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection as regards access to appropriate schemes for the assessment, validation and accreditation of their prior learning and experience.
Amendment 717 #
2016/0223(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection with regard to social security.
Amendment 719 #
2016/0223(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection as regards social assistance.
Amendment 722 #
2016/0223(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Access to certain social assistance specified in national law mayshall be made conditional on the effective participation and successful conclusion of the beneficiary of international protection and his or her family members as referred to in the Article 2(9) in integration measures.
Amendment 730 #
2016/0223(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as nationals ofother third-country nationals residing in the Member State that has granted such protection.
Amendment 766 #
2016/0223(COD)
2. Member States mayshall make participation in integration measures compulsory. Access to the social benefits shall depend on the effective participation and successful conclusion of the beneficiaries of international protection in integration programs.
Amendment 63 #
2016/0222(COD)
Proposal for a directive
Recital 16
Recital 16
(16) For reasons of public interest or public order, for the swift processing and effective monitoring of his or her application for international protection, for the swift processing and effective monitoring of his or her procedure for determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation] or in order to effectively prevent the applicant from absconding, Member States should, where necessary, assign the applicant residence in a specific place, such as an accommodation centre, a or private house, flat, hotel or other premises adapted for housing applicants. Such a decision may be necessary to effectively prevent the applicant from absconding in particular in cases where the applicant has not complied with the obligations to: make an application in the Member State of first irregular or legal entry; to remain in the Member State where he or she is required to be present; or in cases where the applicant has been sent back to the Member State where he or she is required to be present after having absconded to another Member State. In case the applicant is entitled to material reception conditions, such material reception conditions should also be provided subject to the applicant residing in this specific place.
Amendment 70 #
2016/0222(COD)
Proposal for a directive
Recital 32
Recital 32
(32) An applicant's entitlement to material reception conditions under this Directive may be curtailed in certain circumstances such as where an applicant has absconded to another Member State from the Member State where he or she is required to be present. However, Member States should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child, in particular by providing for the applicant's subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships, with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretakeremergency health care and basic needs. Due regard must also be given to applicants with special reception needs. The specific needs of children, in particular with regard to respect for the child's right to education and access to healthcare have to be taken into account. When a minor is in a Member State other than the one in which he or she is required to be present, Member States should provide the minor with access to suitable educational activities pending the transfer to the Member State responsible. The specific needs of women applicants who have experienced gender-based harm should be taken into account, including via ensuring access, at different stages of the asylum procedure, to medical care, legal support, and to appropriate trauma counselling and psycho-social care.
Amendment 76 #
2016/0222(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to promote the self- sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should notremain possible but should not disproportionally hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession .
Amendment 81 #
2016/0222(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Once applicants are granted access to the labour market, they should be entitled to a common set of rights based on equal treatment with nationals. Working conditions should cover at least pay and dismissal, health and safety requirements at the workplace, working time and leave, taking into account collective agreements in force. Applicants should also enjoy equal treatmentrights as regards freedom of association and affiliation, education and vocational training, the recognition of professional qualifications and social security.
Amendment 82 #
2016/0222(COD)
Proposal for a directive
Recital 37
Recital 37
(37) A Member State should recognise professional qualifications acquired by an applicant in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council.25 Special measures also need to be considered with a view to effectively addressing the practical difficulties encountered by applicants concerning the authentication of their foreign diploma, certificates or other evidence of formal qualifications, in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures. __________________ 25 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 84 #
2016/0222(COD)
Proposal for a directive
Recital 38
Recital 38
Amendment 87 #
2016/0222(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council, Member States should be able to exclude applicants from family benefits and unemployment benefits from equal treatment between applicants and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training. The right to freedom of association and affiliation may also be limited by excluding applicants from taking part in the management of certain bodies and from holding a public office.
Amendment 88 #
2016/0222(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.
Amendment 90 #
2016/0222(COD)
Proposal for a directive
Recital 41
Recital 41
(41) To ensure that the material reception conditions provided to applicants comply with the principles set out in this Directive, it is necessary to further clarify the nature of those conditions, including not only housing, food and clothing but also essential non-food items such as sanitary items. It is also necessary that Member States determine the level of material reception conditions provided in the form of benefits in kind, financial allowances or vouchers on the basis of relevant references to ensure adequate standards of living for nationals, such as minimum income benefits, minimum wages, minimum pensions, unemployment benefits and social assistance benefits . That does not mean that the amount granted should be the same as for nationals. Member States may grant less favourable treatment to applicants than to nationals as specified in this Directive.
Amendment 91 #
2016/0222(COD)
Proposal for a directive
Recital 42
Recital 42
(42) In order to restrict the possibility of abuse of the reception system, Member States should be able to provide material reception conditions only to the extent applicants do not have sufficient means to provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowancedaily allowance, in the form of benefits in kind, financial allowances or vouchers, may be reduced or withdrawn while at the same time ensuring a dignified standard of living for all applicants.
Amendment 92 #
2016/0222(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Member States should put in place appropriate guidance, monitoring and control of their reception conditions. In order to ensure comparabledignified living conditions, Member States should be required to take into account, in their monitoring and control systems, operational standards on reception conditions and specific indicators developed by [the European Asylum Support Office / the European Union Agency for Asylum]. The efficiency of national reception systems and cooperation among Member States in the field of reception of applicants should be secured, including through the Union network on reception authorities, which has been established by [the European Asylum Support Office / the European Union Agency for Asylum].
Amendment 140 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Applicants, who have accessed the labour market in accordance with paragraph 1, shall never be given priority over nationals of the Member State concerned or other Union citizens, or third-country nationals lawfully residing in that Member State as regards to employment, education and other government provided services.
Amendment 141 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Member States shall provide applicants with adequalte treatment with nationals as regards:
Amendment 148 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – point e
Article 15 – paragraph 3 – point e
Amendment 150 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – introductory part
Article 15 – paragraph 3 – subparagraph 2 – introductory part
Member States may impose restrict equal treatment of applicantions:
Amendment 152 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point i
Article 15 – paragraph 3 – subparagraph 2 – point i
(i) pursuant to point (b) of this paragraph, by excluding themapplicants from taking part in the management of bodies governed by public law and from holding an office governed by public law;
Amendment 158 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
The right to adequalte treatment shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation] has terminated the applicant's right to remain.
Amendment 165 #
2016/0222(COD)
Proposal for a directive
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) private houses, flats, hotels or other premises adapted for housing applicants.
Amendment 170 #
2016/0222(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that applicants , irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses , including of serious mental disorders.
Amendment 175 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. With regard to applicants who are required to be present on their territory in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], Member States may , in the situations described in paragraph 2 :,
Amendment 176 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) replacprovide the accommodation, food, clothing and other essential non-food items providednecessary, in the form of benefits in kind, financial allowances andor vouchers, with material reception conditions provided in kind; or;
Amendment 177 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) reduce or, in exceptional and duly justified cases,may, in the situations described in paragraph 2, reduce or withdraw the daily allowances.
Amendment 178 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 2 – point e
Article 19 – paragraph 2 – point e
(e) has seriously breached the rules of the accommodation centre or behaved in a seriously violent way; or
Amendment 79 #
2016/0208(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Competent authorities supervising credit and financial institutions for compliance with this Directive should be able to cooperate and exchange confidential information, regardless of their respective nature or status. To this end, such competent authorities should have an adequate legal basis for exchanging confidential information and cooperate to the widest extent possible, consistent with the applicable international standards in this field.
Amendment 80 #
2016/0208(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) Information of a prudential nature relating to credit and financial institutions, such as information relating to fit and properness of directors and shareholders, the internal control mechanisms, the governance or the compliance and risk management, is often indispensable for an adequate AML/CFT supervision of such institutions. Vice- versa, AML/CFT information is also important for the prudential supervision of these institutions. Therefore, exchange of confidential information and collaboration between AML/CFT competent authorities of credit and financial institutions and prudential supervisors should not be hampered unintentionally by legal uncertainty which may stem from a lack of explicit provisions in this field. Such clarification of the legal framework is even more important since prudential supervision has, in a number of cases, been entrusted to non-AML/CFT supervisors, such as the European Central Bank.
Amendment 95 #
2016/0208(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public. The fact that not all Member States would make information publicly available or differences in the information made available and its accessibility may lead to different levelCertain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public. This may enhance public scrutiny, but may also give rise to innocent citizens being unjustly publicly associated with wrongdoing and causing irreparable damage to their reputation and business interest. Therefore, access to beneficial ownership information should only be granted to competent authorities ofr protection of third parties in the Union. In a well- functioning internal market, there is a ersons with a legitimate interest who can guarantee a high level of data protection, while any further access should be determineed for coordination to avoid distortionby Member States.
Amendment 97 #
2016/0208(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Public access alsoAccess granted on behalf of legitimate interests allows greater scrutiny of information by civil society, including by the press or civil society organiszations, and contributes to preserving trust in the integrity of business transactions and of the financial system. It can contribute to combating the misuse of legal entities and legal arrangements both by helping investigations and through reputational effects, given that anyone who could enter into transactions with them is aware of the identity of the beneficial owners. It also facilitates the timely and efficient availability of information for financial institutions as well as authorities, including authorities of third countries, involved in the fight against these offenc. On the other hand, proper protection of privacy precludes or limits opportunities for abuse of vulnerable persons and misuse of private information for commercial purposes.
Amendment 98 #
2016/0208(COD)
Proposal for a directive
Recital 26
Recital 26
(26) A fair balance should be sought in particular between the general public interest in corporate transparency, law enforcement demands and in the prevention of money laundering and the data subjects' fundamental rights. The set of data to be made available to the public should be limited, clearly and exhaustively defined, and should be of a general nature, so as to minimize the potential prejudice to the beneficial owners. At the same time, informationan individual´s right to self-determine data release. The set of data to be made accessible ton the public should not significantly differ from the data currently collected. In order to limit the interference with the right to respect for their private life in general and to protection of their personal data in particular, that that information should relate essentially to the status of beneficial owners of businesses and trustsbasis of legitimate interest should be comprehensive, clearly and exhaustively defined, and should strictly concern the sphere of economic activity in which the beneficial owners operate.
Amendment 275 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2015/849/EU
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
(aa) the following paragraph 5a is inserted: 5a. The information held in the register referred to in paragraph 3 of this article on any corporate and legal entities other than those referred to in Article 1a(a) of directive (EC) 2009/101 shall be accessible to public authorities only. For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection laws. Member States shall not introduce a fee to cover the administrative cost. For the purpose of this directive a legitimate interest shall be documented by either (a) statutes or mission statements of non-governmental organizations with a positive track record of actions aimed at money laundering, tax evasion or financial criminal activities including terrorism or (b) a positive track record of previous activities relevant to the fight against money laundering, tax evasion or financial criminal activities including terrorism.
Amendment 409 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Amendment 445 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 3
Article 7 b – paragraph 3
Amendment 456 #
2016/0208(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 5
Article 7 b – paragraph 5
Amendment 461 #
2016/0208(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Directive 2013/36/EU
Article 56 – paragraph 1 – point f a (new)
Article 56 – paragraph 1 – point f a (new)
Amendment 463 #
2016/0208(COD)
Proposal for a directive
Article 2 b (new)
Article 2 b (new)
Directive 2009/138/EC
Article 68 – paragraph 1 – point b – point iii a (new)
Article 68 – paragraph 1 – point b – point iii a (new)
Amendment 79 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate addition, the decision to remove such content, should respeech stored on video-sharing platforms have inct the principle of freedom of expreassingly given rise to concern. Ion. In this context, it is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred hosted on video- sharing platforms, but also to protect and guarantee the fundamental rights of users, to set out proportionate rules on those matters.
Amendment 88 #
2016/0151(COD)
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content hostored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, or mental or moral development and protect all citizenusers from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, disability, descent or national or ethnic origin.
Amendment 89 #
2016/0151(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In light of the nature of the providers' involvement with the content hostored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34, which provides for an exemption from liability for illegal information stored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting judicial orders by national authorities in accordance with national legislation. _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.07.2000, p. 1).
Amendment 94 #
2016/0151(COD)
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriate measures to protect minors from harmful content and to protect all citizens from content containing incitement to violence or hatred in accordance with this Directive, the applicable fundamental rights, as laid down in the Charter on Fundamental Rights of the European Union, should be carefully balanced. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child. Member States have an obligation to ensure that the balance of incentives for media service providers and video-sharing platform providers covered by this Directive is such that legal content, including content which can offend, shock or disturb, can be communicated. Similarly, age verification should only be proportionate and should be implemented in a way which offers the maximum protection of privacy.
Amendment 103 #
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 and independent advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 125 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 1
Article 6 a – paragraph 1
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, or mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 139 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
Article 28 a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, or mental or moral development;
Amendment 145 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, disability, descent or national or ethnic origin.
Amendment 150 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point a
Article 28 a – paragraph 2 – subparagraph 2 – point a
(a) defining and applying in the terms and conditions of the video-sharing platform providers the concepts of incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, or mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 154 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 201/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point c
Article 28 a – paragraph 2 – subparagraph 2 – point c
(c) establishing and operating age verification systems for users of video- sharing platforms with respect to content which may impair the physical, or mental or moral development of minors;
Amendment 158 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 201/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point e
Article 28 a – paragraph 2 – subparagraph 2 – point e
(e) providing for parental control systems with respect to content which may impair the physical, or mental or moral development of minors;
Amendment 171 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 201/13/EU
Article 33 – paragraph 2
Article 33 – paragraph 2
By [date – no later than four years after adoption] at the latest, and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Directive, including pertaining to the implementation of freedom of expression as regards Article 11 of the Charter of Fundamental Rights.
Amendment 335 #
2016/0151(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) The rights of persons with disabilities and of the elderly to participate in and be integrated into the social and cultural life of the Union is inextricably linked to the provision of accessible audiovisual media services. It is therefore important to ensure that accessibility is properly addressed in Directive 2010/13/EU, in line with the general principles of the United Nations Convention on the Rights of Persons with Disabilities. The horizontal Commission proposal for a European Accessibility Act36a aims to enshrine these principles in Union law by removing barriers to access created by divergent legislation. While this is a welcome development and is considered appropriate in respect of the consumer equipment necessary to access audiovisual media content, the unique nature and cultural specificity of audiovisual media content itself is such that the regulation of existing and future access services that enable access to such content should remain in Directive 2010/13/EU, which is sector-specific. __________________ 36a COM(2015)615 final.
Amendment 336 #
2016/0151(COD)
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
Amendment 395 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e a (new)
Article 1 – paragraph 1 – point 1 – point e a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point g a (new)
Article 1 – paragraph 1 – point g a (new)
(ea) The following point is inserted: (ga) 'access service' means, but is not limited to, an add-on feature of an audiovisual media service that improves the accessibility of a programme for people with functional limitations, including persons with disabilities. Access services include, but are not limited to: (i) subtitles for the deaf and hard of hearing: synchronized visual text alternative for both speech and non- speech audio information needed to understand the media content; (ii) audio description: additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of the programme that cannot be understood from the main soundtrack alone; (iii) spoken subtitles or audio subtitles: read aloud of subtitles in the national language when the audio speech is in a different language; (iv) sign language interpretation: simultaneous translation of both speech and non-speech audio information needed to understand the programme, provided in the national sign language.´
Amendment 600 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
Amendment 615 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/13/EU
Article 7 a (new)
Article 7 a (new)
(10a) The following article is inserted: 'Article 7a 1. Member States shall take steps to develop codes of conduct applicable to media service providers under their jurisdiction intended to ensure that their services are made progressively more accessible to persons with visual and/or hearing disabilities. 2. Such codes of conduct may be a self- or co-regulatory measure. The Commission and ERGA shall facilitate the exchange of best practice between audiovisual media service providers. 3. Such codes of conduct shall include a requirement that media service providers report on an annual basis to Member States about the steps taken and progress made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Member States shall ensure that this information is made publically available. 4. Such codes of conduct shall encourage audiovisual media service providers to develop, and make publicly available, accessibility action plans made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Such action plans shall be communicated to national regulatory authorities.';
Amendment 32 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c
Article 1a – paragraph 2 – point c
(c) a decrease of cooperation on readmission with that third country, in particular a substantial increase in the number of rejectedrefusal rate of readmission applications submitted by the Member State to that third country for its own nationals or, where a readmission agreement concluded between the Union or that Member State and that third country provides for such obligation, for third country nationals having transited through that third country.
Amendment 36 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c a (new)
Article 1a – paragraph 2 – point c a (new)
(ca) an increase of risks to the internal security of Member States, in particular a substantial increase of terrorist offences related to that third country.
Amendment 149 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.
Amendment 152 #
2016/0133(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 163 #
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, and 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 her application for international protection, unless it is demonstrated 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 that that Member State 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 representatives 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.
Amendment 164 #
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 only 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 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. A Member State may, at its own discretion, derogate from the responsibility criteria if they wish to accept a request from an applicant after another Member State has been determined responsible for the applicant but before the application has been examined. This requires the agreement of both the Member State responsible for the application and the Member State that would assume the responsibility for the application. This transfer of responsibility can happen once only, at the request of an applicant and the agreement of both Member States involved. In cases where the applicant's request is unsuccessful, responsibility remains with the Member State originally determined responsible and the applicant is not able to make another request to any other Member State to take responsibility for their application.
Amendment 299 #
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 in the country of origin, the following members of the applicant’s family who are present on the territory of the Member States:
Amendment 320 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5
Article 2 – paragraph 1 – point g – indent 5
Amendment 484 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews with minors shall be conducted in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 557 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this is not in the best interests of the unaccompanied minor.
Amendment 609 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation. By way of Derogation from Article 3(1) a Member State may, with the agreement of the Member States already determined responsible, examine the application for international protection lodged by a third- country national or stateless person based on a formal request, in writing, from the applicant.
Amendment 844 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
Amendment 66 #
2016/0070(COD)
Proposal for a directive
Recital 3
Recital 3
(3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU givrequires the Union the task to promote ao take into account requirements linked to the promotion of high level of employment, tohe guarantee anof adequate social protection and to combat social exclusion, the fight against social exclusion, and a high level of education, training and protection of human health.
Amendment 115 #
2016/0070(COD)
(8) In view of the long duration of certain posting assignmentshigh risk of social dumping in certain sectors (as defined in the Annex) and the need to ensure a level playing field, it is necessary to provide that, in case of posting lasting for periods higher than 24six months, in so far as it concerns the activities referred to in the Annex, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.
Amendment 160 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for tThese challenges toshould be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market. Yet, as long as sector-specific legislation is not provided for, the rules of this Directive apply in full.
Amendment 185 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of servnational law and/or practices.
Amendment 236 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, insofar as it concerns the activities referred to in the Annex, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 282 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-four monthsix months in risk sectors
Amendment 300 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. WhenIn so far as it concerns the ancticipated orvities referred to in the Annex, when the effective duration of posting exceeds twenty-foursix months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.
Amendment 327 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 437 #
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 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
For the purposes of this directive, the concept of remuneration is defined in accordance with national law and /or practice of the Member State to whose territory the worker is posted.
Amendment 439 #
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 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
For the purposes of this directive, the concept of remuneration is defined in accordance with national law and /or practice of the Member State to whose territory the worker is posted.
Amendment 459 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, in so far as it concerns the activities referred to in the Annex, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.
Amendment 519 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 96/71/EC
Annex – paragraph 1a (new)
Annex – paragraph 1a (new)
(3a) the following paragraph 1a is added to the Annex: 1a. Member States shall decide for their own territory which risk sectors this annex shall be extended to.
Amendment 73 #
2016/0062(NLE)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Istanbul Convention stipulates that all its provisions, in particular measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status;
Amendment 80 #
2016/0062(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas the EU must take all necessary measures, in cooperation with Member States, to promote and protect the right of women to live free from violence in both the public and private spheres;
Amendment 114 #
2016/0062(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas violence against women and domestic violence, including violence against men, is too often considered a private issue and too easily tolerated; whereas in fact it constitutes a violation of fundamental rights and a serious crime that must be punished as such; whereas impunity must end in order to break the vicious cycle of silence and loneliness for women and girls who have been the victims of violenceall victims of violence, but in particular women and girls;
Amendment 150 #
2016/0062(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas only a mix of policies combining legislative and non-legislative measures, including infrastructural, legal, judicial, cultural, educational, social and health actions can significantly reduce violence against women and, gender-based violence and domestic violence, and its consequences; whereas cooperation with civil society, and women’s organisations in particular, is also important;
Amendment 166 #
2016/0062(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas the Istanbul Convention stresses the importance of changing mentalities and attitudes to break the continuity of gender-based violence; whereas education on equality between women and men, on non-stereotyped gender roles and on the respect for personal integrity, is therefore requirstrongly encouraged in this regard;
Amendment 207 #
2016/0062(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the Istanbul Convention follows a holistic approach by addressing the issue of violence against women and girls and gender-based violence from a wide range of perspectives, such as the prevention of violence, the fight against discrimination, criminal law measures to combat impunity, victim protection and support, the protection of children, the protection of women asylum seekers and refugees, and better data collection, and awareness-raising campaigns or programmes, including in co-operation with national human rights institutions and equality bodies, civil society and non- governmental organisations;
Amendment 211 #
2016/0062(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the Istanbul Convention follows a holistic approach by addressing the issue of violence against women and girls and, gender-based violence and domestic violence from a wide range of perspectives, such as the prevention of violence, the fight against discrimination, criminal law measures to combat impunity, victim protection and support, the protection of children, the protection of women asylum seekers and refugees, and better data collection;
Amendment 266 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point i
Paragraph 5 – point i
(i) To ensure preventive measures in order to address the specific needs of vulnerable persons, such as child victims, including or victims with disabilities, including accessible specialist support services and safe accommodation for women who have been the victims of gender-based violence and their children;
Amendment 294 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point l
Paragraph 5 – point l
(l) To improve the collection of relevant disaggregated data on cases of violence of all kinds covered by the Istanbul Convention, in cooperation with the EIGE Institute, in order to build a common methodology to compare data bases and analysis, ensuring a better understanding of the problem, and to raise awareness, assess and improve Member States’ action to prevent and combat violence against women;
Amendment 310 #
2016/0062(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls onAsks the Council to consider activateing the passerelle clause by adopting a unanimous decision to identify violence against women and girls (andincluding other forms of gender-based violence) as an area of crime under Article 83(1) TFEU;
Amendment 1 #
2015/2330(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to Article 5 TEU and 9 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 41 #
2015/2330(INI)
Motion for a resolution
Recital A
Recital A
A. whereas unemployment has been diminishing since 2013 thanks to supportive macroeconomic policies, low energy costs which have increased spending power and the impact of structural reforms; whereas it nevertheless remains too high in many Member States, currently affecting 9.9 % of active citizens, i.e. 23 million Europeans, about half of them being long-term unemployed;
Amendment 45 #
2015/2330(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas the effects of the Eurozone- crisis, especially high public and private debt, have yet to be solved and continue to have a negative economic and social effect on the economies of the EU; whereas the Eurozone continues to be susceptible to asymmetric economic shocks and lags behind the rest of Europe in regards to economic growth;
Amendment 55 #
2015/2330(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas the primary responsibility for tackling youth unemployment rests with the Member States in terms of developing and implementing labour market regulatory frameworks, education and training systems and active labour market policies;
Amendment 144 #
2015/2330(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that good and quality jobs constitute an essential pillar for social fairness, promoting human dignity; believes that in this sense employment and growth must be placed at the centre of Member States and EU policies, especially for youth, as a way to construct a more sustainable social economies in the European Union;
Amendment 146 #
2015/2330(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Is concerned of the effects that brain drain of highly qualified graduates from the EU to more competitive and wealthy economies such as Switzerland, USA and Norway combined with the influx of migrants with lower average qualifications will have on the EU's ability to regain competitiveness and create more high skilled jobs;
Amendment 156 #
2015/2330(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to foster, at the exchange of best practice between Member State level,s on new forms of cooperation involving governments, enterprises, educational institutions and social partners, with a view to adapting Member States’ education and training systems to the needs of the labour market;
Amendment 166 #
2015/2330(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls the importance of skills and competences acquired in non-formal and informal learning environments in terms of improving the employability of young people; stresses, therefore, thecalls, therefore, on the Member States to consider the strong social and economic importance of creating a validation system for non- formal and informal forms of knowledge and experience, especially those acquired via voluntary activities;
Amendment 182 #
2015/2330(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recognises the potential value of the EU as a means to focus Member States attention on the need for action, and for brokering exchanges of advice and assistance for those Member states that need it;
Amendment 205 #
2015/2330(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the EUmany EU Member States continues to suffer from structural problems that need to be addressed urgently, pointing up the need to continue prioritising investment, structural reforms and responsible fiscal consolidation, thus reinforcing a favourable environment for business with a view to creating more quality jobs while balancing the social and economic dimensions; stresses that those priorities will only be achieved if investment in human capital is prioritised as a common strategy;
Amendment 250 #
2015/2330(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to graduallconsider the strong arguments in favour of and to exchange best practice on policies that have proven to be successful in term of job creation for example by shifting taxes from labour to other sources, and to implement tax rules that foster incentives to entrepreneurship and employment creation, especially for highly qualified young people, in order to boost research and innovation projects within European enterprises;
Amendment 304 #
2015/2330(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Is concerned that "quantitative easing" policies as currently used by the ECB are leading to more financial speculation and detracting from investment and will damage job creation and growth prospects in the EU;1 a __________________ 1a http://www.wsj.com/articles/the-fed- has-hurt-business-investment- 1445899627 http://www.wsj.com/articles/a-little- humility-please-mr-summers-1446669213
Amendment 309 #
2015/2330(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Reminds the Commission of its Budget Review 2010 which identified 'EU added value' as one of its core principles; insists that this principle represents the cornerstone of all expenditures, which must also be guided by efficiency, effectiveness and value for money, while respecting the principle of subsidiarity as defined by Article 5 TEU;
Amendment 338 #
2015/2330(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Agrees on the need to develop a process of upward economic and social convergence in order to foster social and economic cohesion between Member States and their regions, but points out that this must be viewed as a goal of a common projectcommon goal in which social dialogue can plays a key role;
Amendment 389 #
2015/2330(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission and the Member States to work together on removing the obstacles to fair labour mobility, to combat fraud and ensuringe that EU mobile workers are not treated abusively;
Amendment 15 #
2015/2327(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that Erasmus+ is one of thecan be a key drivers of growth, employment, competitiveness and social cohesion in that it contributes to improving European education and training systems and employability, and provides Europeans with an opportunity to acquire transversal and transferable sets of skills and competences via studies, training and work experience abroad;
Amendment 41 #
2015/2327(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that vocational education and training (VET) and VET mobility play a vital economic and social role in Europe as a mechanism leading to equal opportunities for all citizens, including those from socially disadvantaged groups, unemployed young people, migrants and women, who are all under-represented in VET; calls on the Commission and the Member States to position VET as a choice which leads to a promising career, make it accessible to all, ensure gender balance and non- discrimination, and guarantee that it is adequately funded;
Amendment 85 #
2015/2327(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that, despite clear improvements in recognition and validation systems in education and VET, problems still persist; calls for specific targets such as the implementation ofbelieves that the ambition should be to have a fully operational credit transfer system and recognition, and foto foster validation of competences acquired through non-formal and informal learning.
Amendment 105 #
2015/2327(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. believes that quality measurement should be equally important as quantitative measurement; calls for the elaboration of the former in the context of Erasmus +;
Amendment 111 #
2015/2327(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. stresses that Erasmus + should be equally accessible to all citizens, including those with a disability, leading to inclusive mobility; believes Erasmus + should follow the principles of the UN Convention on the Rights of Persons with Disabilities;
Amendment 24 #
2015/2321(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the refugee crisis is first and foremost a humanitarian crisis, but one withthat will have long-term impacts and thus requiring long-term responson the labour markets and civil society in the Member States;
Amendment 41 #
2015/2321(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the working-age population in the EU is projected to decline by 7.5 million by 2020; whereas projections on the development of labour market needs European Union is still struggling to overcome a deep crisis, facing very high levels of unemployment; whereas the EU and the Member States need to keep committing the EU point to emerging and future shortages in specific fieldmselves to economic growth and job creation, which is a precondition for a successful integration of refugees;
Amendment 47 #
2015/2321(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas there is a clear distinction between legal and economic migration, on the one side, and those seeking refuge and asylum, on the other, which need to be addressed separately; whereas asylum cannot solve structural shortcomings of the internal economy;
Amendment 50 #
2015/2321(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas more flexibility in the labour market could contribute to the integration of refugees;
Amendment 54 #
2015/2321(INI)
Motion for a resolution
Recital D
Recital D
D. whereas social inclusion and integration of refugees into the labour market is a dynamic two-way process representing a challenge and an opportunity,, which will requiringe efforts from local administrations, host communities andboth the refugees themselves, as well as the involvement and support of snd the Member States, locial partners (representatives of employers and employees’ orgaand where applicable regional administrations) and civil society and volunteer organisationhost communities;
Amendment 62 #
2015/2321(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas there is no such thing as 'the' refugee; whereas each refugee is an individual with his or her own personal background, qualifications and needs;
Amendment 66 #
2015/2321(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas third-country nationals face many difficulties in obtaining recognition of their skills and qualifications; whereas the recognition of qualifications from a third country goes hand in hand with screening of skills;
Amendment 76 #
2015/2321(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need for the EU to base its immediate response to the situation on solidarity and fair sharing of responsibility, as stated in Article 80 of the Treaty on the Functioning of the European Union (TFEU), and on a holistic approach that takes into account safe and legal migration and full respect for fundamental rights and values;
Amendment 93 #
2015/2321(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that significant differences exist in the times and modalities of processing requests for international protection within Member States; highlights that slow and excessively bureaucratic procedures may hinder refugees’ access to the labour market, as well as the activation of EU programmes and the use of funds in this field;
Amendment 104 #
2015/2321(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fact that in order to facilitate the social inclusion and integration of refugees into the labour market, it is necessary to address serious and multi-faceted issues such as discrimination, linguistic barriers, diverse socio-economic and cultural backgrounds, health needs, including psychosocial and post-trauma support, family reunificdiscrimination and the significant share of disadvantaged groups among refugees, in particular worrying numbers of children, including unaccompanied children, people with disabilities, the elderly and women8 ; _________________ 8 http://www.keepeek.com/Digital-Asset- Management/oecd/social-issues-migration- health/making-integration-work- humanitarian-migrants_9789264251236-en
Amendment 123 #
2015/2321(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 135 #
2015/2321(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of a tailor- made integration approach based on equal opportunities, with the necessary attention for the needs and specific challenges of different target groups;
Amendment 142 #
2015/2321(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that granting refugees access to the labour market is important to restoring their human dignity and self-worth and is also cost-efficient, as it would allow them to be self-sufficient and, to gain economic independence and contribute in a positive way to society, which is an essential step for their successful inclusion into society, and a responsible approach towards public finances, easing the cost borne by Member States while also enabling them to become active fiscal contributors, which is generally considered beneficial for their individual growth, development and self- esteem;
Amendment 160 #
2015/2321(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that early interventionand effective intervention for the integration of refugees is crucial to allow for successful social inclusion and integration of refugees into the labour market;
Amendment 169 #
2015/2321(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the fact that labour market conditions within host countries are aone of the determining factors for the successful and durable integration of refugees; stresses that unemployment in the EU, in particular youth unemployment, is still at alarming levels, and that the Commission and the Member States should continue to prioritise policies and investments aimed at quality job creation and economic growth;
Amendment 181 #
2015/2321(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for an early, fair, transparent and free-of-charge assessment of refugees and asylum seekers’ formal and non-formal skills, as well as recognition of their qualifications, in order to develop tailored measures allowing them to make full use of their potential, and to match labour suppmake full use of potential, and to match labour supply and demand in the host countries; stresses that efforts of integration must be targeted to those people who will be in the EU for a longer period of time; highlights that on the one hand limited resources should be well- spent on the timely hand demling of asylum procedures, and ion the host countrithe other, the speedy and effective integration of refugees;
Amendment 192 #
2015/2321(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that more flexibility in the labour market can stimulate an early integration of refugees;
Amendment 197 #
2015/2321(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 209 #
2015/2321(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. HighlightNotes that the main EU funds available for social inclusion and integration into the labour market, in particular the European Social Fund (ESF), as well as the Asylum, Migration and Integration Fund (AMIF), the European Regional Development Fund (ERDF) and the European Fund for Aid to the Most Deprived (FEAD), have differing focuses, target groups and management modes at Member State level;
Amendment 220 #
2015/2321(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Further highlights the fact that integration and inclusion measures aimed at refugees and asylum seekers should not draw on financial resources destined for programmes targeting other disadvantaged groups, but require additional social investmentsshould not create competition between the most disadvantaged groups in society; stresses, however, that the EU funds already available can and should be spend in a more efficient and effective manner, e.g. by targeting the funds at those who need it most;
Amendment 227 #
2015/2321(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls therefore calls on the Commission to raise the allocation of the European Social Fund to a 25 % share of the cohesion policyin the context of the review of the Multiannual Financial Framework to identify areas within existing budget lin tes whe revision of the Multiannual Financial Framework11 ; _________________ 11 http://www.europarl.europa.eu/news/en/ne ws-room/20131118IPR25534/MEPs- approve-new-cohesion-policy- %E2%82%AC325bn-to-invest-in- Europe’s-regions savings can be made in order to allow for greater flexibility within the budget to deal with such unforeseen circumstances;
Amendment 238 #
2015/2321(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for strict correlationnsistency between all the legislative acts forming the EU Agenda on Migration12 in order to ensure good management of the extraordinary inflow of refugees; _________________ 12 http://ec.europa.eu/dgs/home- affairs/what-we-do/policies/european- agenda-migration/background- information/docs/communication_on_the_ european_agenda_on_migration_en.pdf
Amendment 245 #
2015/2321(INI)
18. Supports the Commission’s efforts in updating the European Agenda on Migration, in particular by revising the Dublin III Regulation; underlines the positive impact that intra-EU mobility of refugees would have on addressing labour shortages and refugees’ inclusion into the labour marketbelieves the focus of the review should be on improving its operation through simplification of the regulation, introducing greater flexibility and encouraging maximum compliance; stresses that further efforts are necessary to create a truly uniform Common European Asylum System and a comprehensive and sustainable legal migration policy in the EU to meet labour market demand in terms of skills, in which social inclusion and active integration policies play a central role; stresses however, that the basic principles of Dublin should not be changed regarding that asylum seekers should be processed in the first Member State they enter;
Amendment 254 #
2015/2321(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Deplores the factNotes that the Commission had to adopt 40 infringement decisions against many Member States for having failed to implement key policies of the Common European Asylum System, including letters of formal notice to 19 Member States for not having taken the necessary measures to transpose the Reception Conditions Directive, which lays down essential standards on matters such as access to employment, vocational training, schooling and education of minors, food, housing, healthcare, medical and psychological care and provisions for disadvantaged persons; firmly believes that the Commission must do more to ensure that existing rules are fully and effectively implemented; urges the Member States to rectify this situation, in compliance with the principles of solidarity, fair share of responsibility and sincere cooperation as enshrined in the Treaties;
Amendment 263 #
2015/2321(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomNotes President Juncker’s statement13 in the State of the Union 2015 address affirming his support for granting asylum seekers access to the labour market while their applications are being processed; _________________ 13 http://ec.europa.eu/dgs/home- affairs/what-we-do/policies/european- agenda-migration/proposal- implementation- package/docs/communication_on_managin g_the_refugee_crisis_en.pdftp://europa.eu/ rapid/press-release_SPEECH-15- 5614_en.htm
Amendment 268 #
2015/2321(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out that a lengthy processing of international protection applications, and a failed registration of refugees at their arrival, not only impedes timely and legal access of refugees and asylum seekers to the labour market but also generates the conditions for the development of undeclared work practices and forms of severe labour exploitation;
Amendment 272 #
2015/2321(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that access to justice and protection should be ensured to all victims of exploitation; highlights the crucial work done by trade unions, civil society and volunteer organisations in reaching out to these workers and in providing them with the information and support they need;
Amendment 284 #
2015/2321(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to ensure the swift and full labour market integration and social inclusion of refugees, including access to housing, healthcare and social protection;
Amendment 295 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to review the Qualification Directive 2011/95/EU in line with the Convention of Geneva of 1951, so that Member States can establish and conduct effective activation and integration policies, taking into account inter alia the 'unemployment trap';
Amendment 331 #
2015/2321(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Member States to ensure early and easy accessy access for refugees to quality training, including internships where possible, in order to ensure fulleffective integration into our societies and the labour market, taking into consideration the refugees’ existing skills and competences, talents and know- how;
Amendment 345 #
2015/2321(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to put forwardBelieves that a revision of the Blue Card Directive, by tak risks leading into account the extraordinary conditions with which refugees and asylum seekers are faced, as well as the needs of the EU labour market, in particular by looking at the scope and the rules on intra-EU mobility of the directivegreater confusion between different categories; believes that it is important to go back to a clear distinction between legal migration, asylum seekers and refugees;
Amendment 355 #
2015/2321(INI)
Stresses the need for the Commission and the Member States to step up their efforts in fighting all forms of discrimination, xenophobia and racism, including by raising awareness of anti-discrimination laws and by supporting civil society organisations, social partners and National Equality Bodies in their work;
Amendment 260 #
2015/2320(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to adopt, when appropriate for specific Member States, and in the framework of the European Semester’s country-specific recommendations, a differentiated approach to improve the environment for SMEs, taking into account the country- specific circumstances and the EU regions’ specific structural differences;
Amendment 297 #
2015/2320(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that in some cases EU competition policy results in privileging that mostly benefits big market operators that are characterised by greater economic efficiency than SMEs; stresses in this regard the need for specific measures for SMEs in order to curb their market diseconomies, thus enabling their internationalisation and boostat EU competition rules must guarantee a level playing field for small, medium-sized and large enterprises active ing their job creation potential European market;
Amendment 308 #
2015/2320(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that SMEs’ unequal access to markets, skills and finance across the EU, as well as being detrimental to their employment creation prospects, is the result of a number of structural differences in terms of enterprises’ scale and performance; considers, therefore, that these differences should be taken into account when evaluating EU internal market performance and implementing Union competition policy rulescompetition policy and the functioning of the internal market;
Amendment 318 #
2015/2320(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in regions where economic development is focused on attracting foreign direct investment (FDI), MNCs are treated preferentially in both legislative and tax matters; believes that these practices should be examined with a view to ensuring a level playing field for SMEs and restoring their employment creation capacitiMNCs are sometimes treated preferentially in both legislative and tax matters; believes that all businesses must be on a level playing field in order to safeguard SMEs’ employment creation capacities as well; calls upon authorities to create favourable conditions for smaller enterprises;
Amendment 1 #
2015/2258(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that independence, integration and access to an inclusive education and training system, cultural life, leisure and sport are rights guaranteed by Articles 19, 24 and 30 of the UN Convention on the Rights of Persons with Disabilities (CRPD) and are protected under EU law, in particular in the context of fighting discrimination on the grounds of disability (Article 21 of the Charter of Fundamental Rights of the EU) and the principle of integrationfull and effective participation and inclusion in society of persons with disabilities (Article 263 of the CharterCRPD); asks the Commission and the Member States therefore to reinforce measures aimed at ensuring that people with disabilities have equal access to key areas such as education, culture and sport;
Amendment 7 #
2015/2258(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Commission to act accordingly within the limits of its competences and through coordination towards improvement of access and ideally for guaranteed access for all children with disabilities to inclusive and quality education in European schools;
Amendment 8 #
2015/2258(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the CRPD is the first international human rights treaty ratified by the EU, which has also been signed by all 28 EU Member States and ratified by 25 Member States excluding Finland, Ireland and the Netherlands;
Amendment 10 #
2015/2258(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 14 #
2015/2258(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas children with disabilities have the rights to live in (their) families or family environment in line with their best interest;
Amendment 15 #
2015/2258(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas children with disabilities are 17 times more likely to live in an institution than their peers without disabilities, where their risk of violence, neglect and abuse is much higher than when living at home;1a __________________ 1aFRA Report: Violence against children with disabilities: legislation, policies and programmes in the EU, http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2015-violence-against- children-with-disabilities_en.pdf
Amendment 15 #
2015/2258(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the EU Member States and institutions to ensure that public hearing and meetings discussing proposed laws and policies are made fully accessible to persons with disabilities, including those with intellectual and learning disabilities;
Amendment 17 #
2015/2258(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Amendment 18 #
2015/2258(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas disability is a cause and consequence of poverty and approximately 30% of the homeless population have a disability and are at risk to be overlooked;1a __________________ 1aVan Straaten et al (2015). Self-reported care needs of Dutch homeless people with and without a suspected intellectual disability: a 1.5-year follow-up study, In: Health Soc Care Community 2015 Oct 1. Epub 2015 Oct 1.
Amendment 19 #
2015/2258(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas an estimated 80% of persons with disabilities live in developing countries;1a __________________ 1a World Report on Disability, 2011.
Amendment 19 #
2015/2258(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that people with disabilities are often excluded or do not have adequate access to education and training services where tailored education projects are needed; askencourages the Member States to strengthen training programmes for teachers and other school staff in order to increase the support they can provide to students with disabilities;
Amendment 20 #
2015/2258(INI)
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas the EU supports the promotion of the rights of persons with disabilities at the international level, and is the world’s biggest donor of Official Development Assistance (ODA);
Amendment 25 #
2015/2258(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas disability can be caused by a gradual and sometimes invisible degradation of the state of health of an individual, as is the case for people with neurodegenerative or rare diseases; 2Or. en
Amendment 28 #
2015/2258(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the EU, as a party to the CRPD, has the duty to ensure the close involvement and active participation of persons with disabilities and their representative organisations in the development and implementation of legislation and policies to implement the Convention and in all decision making processes concerning issues that relate to persons with disabilities;
Amendment 28 #
2015/2258(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that providing access to education to persons with disabilities should also include access to lifelong learning, including the provision of needs-based reasonable accommodation;
Amendment 31 #
2015/2258(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers full and complete access to the political system for all persons with disabilities to be a priority; recognises that this access must be more than mere physical access to cast a vote, but also take into the account existing rules regarding legal capacity and the possible consequences of these rules restricting access to democracy and equality for individuals with disabilities, and that it should include a wide range of initiatives to open the democratic process to all citizens; calls on the Commission and the Member States to ensure that the provisions of Article 3(2) of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime and of Directives 2010/64/EU on the right to interpretation and translation in criminal proceedings and 2012/13/EU on the right to information in criminal proceedings, and in particular Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty, are properly and fully implemented, especially in the case of persons with disabilities;
Amendment 37 #
2015/2258(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to harmonise data collection oncreate a common standard and criteria for the collection of disaggregated data with regard to disability through EU social surveys in line with Article 31 of the Convention on the Rights of Persons with Disabilities (CRPD), in order to accurately inform about and identify developments in the sector;
Amendment 42 #
2015/2258(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges a comprehensive and cross- cutting review of EU legislation and funding programmes, including future programming periods, with a view to complying fully with the CRPD by constructively involving disability organisations and the members of the EU Framework for the CRPD (hereinafter the ‘EU Framework’);
Amendment 43 #
2015/2258(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that vulnerable members of society are further marginalised if they have a disability; considers that the EU should redouble its efforts to fully accommodate the provision of rights and services for all people in its care, including stateless people, homeless people, refugees and asylum seekers;
Amendment 48 #
2015/2258(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that Youth strategies after 2018 should mainstream the needs of young persons with disabilities;
Amendment 49 #
2015/2258(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks the Commission to proposevide a list of legislation with a view to proposing an update of the declaration of competence in light of the Concluding Observations, to be repeated periodically with the formal involvement of disability organisations and the European Parliament;
Amendment 53 #
2015/2258(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to set up a structured dialogue with disabilityconsolidate and make a proposal for a structured dialogue between the EU and disability organisations including appropriate funding to ensure full and equal participation by persons with disabilities and their representative organisations;
Amendment 58 #
2015/2258(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to use the review of the European Disability Strategy and to develop a comprehensive EU CRPD strategy with a clear implementation timeframe, benchmarks and indicators;
Amendment 58 #
2015/2258(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to continue working on the inclusion of the persons with disabilities through financial support for a range of grassroots projects and organisations;
Amendment 59 #
2015/2258(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 66 #
2015/2258(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to launch a campaign to raise awareness about the CRPD, which focuses on the exchange of good practices; asks each EU institution and agency to organise a specific training module on the CRPD for its staff, in cooperation with organisations for people with disabilities.
Amendment 74 #
2015/2258(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States and the Commission to take steps to combat all forms of discrimination, including multiple and intersectional discrimination based on disability, with special regard to women and children with disabilities, older persons and individuals who have complex support needs, including those with intellectual and psychosocial disabilities and to those whose disabilities change over time;
Amendment 77 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European institutions and Member States to ensure that boys and girls with disabilities and their representative organisations be consulted in all matters affecting them – with appropriate assistance provided, according to their disability and age;
Amendment 81 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets the fact that the Council has still not adopted the 2008 proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; reiterates its call on the Council to do so as soon as possible;
Amendment 91 #
2015/2258(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States and the Commission to work with Parliament to deliver a strongclear and effective directive on the accessibility of public sector bodies’ websites, with a broad scope and a robust enforcement mechanism in line with the proposed European Accessibility Act;
Amendment 94 #
2015/2258(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the lack of accessibility of the EU-wide 112 emergency number, which is at national level and when roaming, causing unnecessary deaths and injuries; highlights the need for implementing measures at national level ensuring inter alia compatibility across Member States, including accessible national emergency points;
Amendment 109 #
2015/2258(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the Employment Eq2uality Directive does not explicitly make the denial of reasonable accommodation for persons with disabilities a form of discrimination; asks the Commission to provide a state of play on the kinds of complaints received;
Amendment 121 #
2015/2258(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to adopt quality frameworks for traineeships with a view to ensuring reasonable accommodation and accessibility for persons with disabilities and to ensure that all EU programmes such as the Youth Guarantee are fully accessible to persons with disabilities;
Amendment 127 #
2015/2258(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that the European Structural and Investment Funds are being misused to foster institutionalisation, and calls on the Member States and the Commission to strengthen their monitoring in line with the CRPD and in consultation with disability organisations and recommends to suspend, withdraw and recover payments from Member States if the obligation to respect fundamental rights is breached;
Amendment 136 #
2015/2258(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the ex-ante conditionalities on social inclusion and its investment priority on the ‘transition from institutional to community based services’ in Regulation 1303/2013 on the European Structural and Investment Funds (ESIF); calls on the Member States to use the funds for deinstitutionalisation and as a tool to implement the CRPD;
Amendment 151 #
2015/2258(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the development of human rights-based indicators and calls on the Member States to provide comparable disaggregated disability data;
Amendment 154 #
2015/2258(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the development of human rights-based indicators and comparable disaggregated disability data; underlines the need to disaggregate data on the basis of various factors including by gender, age and disability;
Amendment 156 #
2015/2258(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to fund research and data collection on violence, abuse and exploitation of all persons with all types of disabilities in the community and in institutions;
Amendment 160 #
2015/2258(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commissionbudget authorities to allocate adequate resources to enable the EU Framework to perform its functions independently;
Amendment 164 #
2015/2258(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights that the CRPD network needs to be strengthened to appropriately coordinate CRPD implementation internally but also interinstitutionally, while actively involving and closely consulting with persons with disabilities and their representative organisations in its activities and meetings;
Amendment 166 #
2015/2258(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the institutions to review allensure existing staff regulations, internal rules and implementing provisions for CRPD compatibility are fully implemented in line with the CRPD and internal rules and implementing provisions are developed fully applying CRPD provisions, as part of an open and disability-inclusive process, in order to address the Concluding Observations;
Amendment 168 #
2015/2258(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the provision of adequate needs-based and CRPD-compatible reasonable accommodation for persons with disabilities – or with dependent family members with disabilities – who are in the service of the European institutions, paying particular attention to the needs of disabled parents;
Amendment 180 #
2015/2258(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Urges the EU institutions to make their internet-based content and apps, including their intranets and all documents and audiovisual content, accessible while equally ensuring physical accessibility of their buildings;
Amendment 183 #
2015/2258(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for the EU to revise the rules of the Joint Sickness Insurance Scheme, the pension system and disability-related social security and social protection measures in order to ensure non- discrimination and equality of opportunities for persons with disabilities, inter alia by recognising disability-related health needs as being distinct from an illness;
Amendment 5 #
2015/2255(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 5 TEU, Article 56, 153(5) and 154 TFEU,
Amendment 18 #
2015/2255(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to European platform to enhance cooperation in the prevention and deterrence of undeclared work,
Amendment 22 #
2015/2255(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Eurofound Industrial Relations Dictionary1a, __________________ 1a https://www.eurofound.europa.eu/observa tories/eurwork/industrial-relations- dictionary
Amendment 24 #
2015/2255(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
- having regard to the Commission's Better Regulation Agenda: Enhancing transparency and scrutiny for better EU law-making1a __________________ 1ahttp://europa.eu/rapid/press-release_IP- 15-4988_en.htm
Amendment 30 #
2015/2255(INI)
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardswhereas the nature and scale of undeclared work, and bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and deteriorating levels of worker protection varies significantly between Member States,
Amendment 44 #
2015/2255(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas REFIT represents an important first step towards simplifying legislation and reducing administrative burdens of regulation for businesses and eliminating barriers to growth and job creation;
Amendment 56 #
2015/2255(INI)
Motion for a resolution
Recital B
Recital B
B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to combat 'social dumping' and reiterated this commitment in his 2015 State of the Union address9 ,ensure that the Posting of Workers Directive is strictly implemented and to initiate a targeted review of the Directive; __________________ 9 http://europa.eu/rapid/press- release_SPEECH-15-5614_en.htm
Amendment 68 #
2015/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted the legitimacy of the struggle against social dumping,right to take collective action against possible social dumping without undermining the freedom to provide services as enshrined in the Treaties; __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 81 #
2015/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there is no clear, universally accepted definition of social dumping;
Amendment 93 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protection for the samewhereas the Commission is currently investigating ways to develop a formula introducing a principle of 'equal pay for equal work atin the same place' for all European workers,at EU level;
Amendment 106 #
2015/2255(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas introducing the principle of "equal pay for equal work in the same place" at EU level could impose a significant barrier to the proper functioning of the single market;
Amendment 122 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the setting of wages is a Member State competence;
Amendment 131 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas according to Directive 96/71/EC Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 June 2016;
Amendment 142 #
2015/2255(INI)
Motion for a resolution
Subheading I
Subheading I
I. Reinforcing controls and coordination between and by Member States
Amendment 149 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based onencourage Member States to take ILO Convention No. 81 on labour inspection into account when formulating their policies;
Amendment 165 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translationexchange best practice and to consider new innovative ways of developing an adaptable and flexible labour market to meet the challenges of a global economy while ensuring high labour standards for all workers;
Amendment 192 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creationon Member States in the context of athe European body of cross-border labour inspectPlatform for Undeclared Worsk to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involvedonsider ways to step up efforts for the exchange of information in order to curb undeclared work and fraud while recognising the importance of data protection and the special status of tax information;
Amendment 225 #
2015/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation by Member States ofon Member States in the context of better regulation to make electronic systems available for the registration of the prior declaration of posting missions;
Amendment 237 #
2015/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based Notes the Council decision authorising Member States to ratify, for the parts falling within the competence of the EU, International Labour Organisation (ILO) Convention No. 189 concerning decent work for domestic workers; Stresses that the EU cannot itself ratify any ILO Convention, as this is the preserve of individual Member States;
Amendment 249 #
2015/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend theHighlights the importance of provisions of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributionthe Enforcement Directive 2014/67/EU on the cross-border enforcement of financial administrative penalties and/or fines which will safeguard against unfair competition and help eliminate breaches of the legislation by employers;
Amendment 262 #
2015/2255(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the importance of ensuring that such safeguards do not amount to barriers for genuine businesses and workers doing business in another Member State;
Amendment 263 #
2015/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 280 #
2015/2255(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 294 #
2015/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 309 #
2015/2255(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that the freedom to provide services is central to the proper functioning of the single market; recognises at the same time that safeguards against unfair competition and protections for vulnerable workers are necessary and support the functioning of the single market; stresses however, that such safeguards must be proportionate and respect the principle of subsidiarity;
Amendment 320 #
2015/2255(INI)
Motion for a resolution
Subheading II
Subheading II
II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'and improving enforcement and coordination between Member States
Amendment 323 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Eeffectively monitor the on-going imployement and Social Affairs of the proposal for a directive on single-person limited liability companiation of Directive 2014/67 EU by the Member States;
Amendment 350 #
2015/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 364 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notionsetting of 'minimum wages' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by this a Member States competence; stresses that introducing the notion of equal pay for equal work in the same place at EU level will have significant unintended consequences and undermine Memployer; recalls that specific postings bonuses should be paid on top of remunerationber States economic and social models;
Amendment 407 #
2015/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes periods of postings to be limited in Directive 96/71/EC without jeopardising the effectiveness of the freedom of services, and temporary employment agencies to be excluded from the scope of the directive;'
Amendment 430 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expproper and efficient, non- discriminatory enforcement of the existing legislation to ensure uniform interpretation, and incresased in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 controls on the implementation of working time and rest times in transport; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 452 #
2015/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 468 #
2015/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Commission to clarify the provisions so that a distinction can be drawnbroker an exchange of views between Memployees and self- employed wber States in orkders to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;
Amendment 491 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificatio and therefore should be simplified and clarified in order to improve compliance without increasing the administrative burden;
Amendment 513 #
2015/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 531 #
2015/2255(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that pHighlights the role of the European Aviation Safety Agency in ensuring that the maximum flying hours and health and safety regulations are fully respected and complied with recgarious working conditions are an additional safety riskdless of the employment contract;
Amendment 543 #
2015/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 566 #
2015/2255(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission rapidly to draw up proposals to combat unfair competition inMember States and the Commission to take the necessary measures to combat unfair competition while at the same time creating an open, flexible market with a regulatory framework that reflects the dynamic nature of the digital and sharing economy;
Amendment 591 #
2015/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms;Wishes periods of posting to be limited in Directive 96/71/EC without jeopardising the effectiveness of the freedom of services, and temporary employment agencies to be excluded from the scope of the directive'
Amendment 604 #
2015/2255(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights the Five Presidents' Report which recognises in the context of the convergence process that there is no "one-size-fits-all" template;
Amendment 613 #
2015/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. RecallNotes the Commission's commitmentintention to proposinge a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework by increasing the use of benchmarking and best practice;
Amendment 624 #
2015/2255(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 657 #
2015/2255(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro areaexchange of best practice between Member States on the development of unemployment benefit arrangements; stresses that the provision and management of social security systems is a Member State competence and are diversely structured which the Union coordinates but does not harmonise;
Amendment 671 #
2015/2255(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to propose aMember States together with the Commission to consider the need for taking action at EU legavel instrument line with the principle of subsidiarity to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors and the en; highlights in the regard the benefits of non-legislatirve subcontracting chaininitiatives;
Amendment 678 #
2015/2255(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countries in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation ofMember States and the Commission where appropriate to consider the social and economic arguments in favour of ratifying and implementing ILO Conventions;
Amendment 690 #
2015/2255(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 98 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by a large majority in this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 1 #
2015/2116(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Treaty on European Union (TEU), in particular Article 2 and 5 thereof, and the Treaty on the Functioning of the European Union (TFEU), in particular Article 10, 19 and 1953 thereof,
Amendment 12 #
2015/2116(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Inter-institutional Agreement on Better Law-Making 2016 between the European Parliament, Council of the European Union and the European Commission,
Amendment 15 #
2015/2116(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
– having regard to the Brighton Declaration and the outcomes of the ECHR High Level Conference at Brighton on 19th and 20th April 2012;1a __________________ 1a http://www.echr.coe.int/Documents/2012_ Brighton_FinalDeclaration_ENG.pdf
Amendment 24 #
2015/2116(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas non-discrimination in the field of occupation and employment is only effective if discrimination is comprehensively combated in all areas of life;
Amendment 25 #
2015/2116(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the Court of Justice of the European Union (CJEU) stressed, in Römer1a , that the Employment Equality Directive does not itself lay down the principle of equal treatment in the field of employment and occupation, but provides a general framework for combating discrimination on various grounds; __________________ 1aCase C-147/08, Römer [2011] ECR I- 3591.
Amendment 62 #
2015/2116(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Council to break the deadlock and speed up the adoption of the hNotes the Commission's proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orizoental anti-discrimination directive proposed by the Commission in 2008; tion (COM/2008/0426) which remains blocked in Council; calls on the Council together with the Commission to consider ways that would enable all Member States to move towards a pragmatic solution;
Amendment 78 #
2015/2116(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the role played by the European Court of Human Rights, through its decisions ion the interpretation and implementation of the Directive, and looks forward with interest to theawaits future first decisions on this matter of the Court of Justice of the European Union (CJEU);
Amendment 110 #
2015/2116(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned that the Employment Equality Directive does not explicitly make the denial of reasonable accommodation for persons with disabilities a form of discrimination;
Amendment 111 #
2015/2116(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Member States and the Commission to ensure that employment- related rights and services, including reasonable accommodation in the context of the Employment Equality Directive, are portable and in line with the freedom of movement for persons with disabilities;
Amendment 135 #
2015/2116(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Member States to combinnsider the benefits of introducing positive action measures such as, for example quotas and passive labour market policies, such as tax breaks and cash incentives, with active labour market policies – i.e. guidance and counselling, training and education, and job placements – to support the employment of people with disabilities;
Amendment 168 #
2015/2116(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that, thanks to policy changies implemented by many Member States, people aged 55-64 make up an increasinged share of workers throughout EU Member States; regrets, however, that the employment rate for this group has increased too slowly and remains below 50 % in the EU 2819 ; is concerned about how the digital market will affect employment, in particular for people over 50, and about how little prepared the EU and thebelieves that the opportunities for future job creation in the digital market will require further efforts by Member States are to address this issueskill mismatches, in particular for people over 50; __________________ 19 Businesseurope , ‘Position paper on Promoting diversity in employment and workplaces’, Nov. 2013.
Amendment 260 #
2015/2116(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that access to justice is limited in many discrimination cases; considers it necessary that availMember States take the appropriate steps to ensure that reasonable and accessible legal advice and assistance is provided to the victims at all stages of the legal process, including for example in- person counselling, and emotional, personal and moral support, by equality bodies or appropriate intermediaries;
Amendment 273 #
2015/2116(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that pursuing court cases, and ensuring adequate representation, is still problematic in some cases22 , and urges the Member States to find ways to help victims in this regard, including for example, by means of tax exemptions, legal aid and assistance from specialised NGOs, etc., and by ensuring legal redress and adequate representation in line with their own national customs and practices; __________________ 22 EPRS, op. cit.
Amendment 299 #
2015/2116(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Highlights the potential value of the EU as a means to focus Member States attention of the need for action and for brokering exchanges of advice and assistance for those Member States that need it, particularly in the field of equality and anti-discrimination;
Amendment 1 #
2015/2103(INL)
Draft opinion
Citation 1
Citation 1
— to incorporate the following suggestions into its motion for a resolution: considers that the ongoing robotisation of the labour market is bringing about opportunities as well as challenges; stresses that robotisation can increase companies’ competitiveness, which can lead to the creation of more jobs,
Amendment 4 #
2015/2103(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. there is a need to examine whether the spread of robots brings welfare and progress if this happens in situations in which human labour is unnecessary within the traditional production and service structure – in other words, what conditions are needed in addition to financial security to ensure that people remain healthy, happy and activemore research on the (impact of the) changing labour market is needed to anticipate as efficiently as possible what the effects will be in this regard; underlines that the theoretical benefits of symbiosis between humans and machines should also contribute effectively to wellbeing and development;
Amendment 7 #
2015/2103(INL)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. Whereas technological advancements in the area of robotics and artificial intelligence can be a factor in ensuring and improving fundamental rights for people with disabilities; notes therefore that it is crucial to ensure inclusive and equal access to these technologies;
Amendment 14 #
2015/2103(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that guiding ethical rules and principles for the design, engineering and use of robots andre needed to complement the European legal framework; considers that in the field of artificial intelligence amore needed to complement the European legal frameworkresearch and information is required to produce functioning ethical rules and principles for the design and engineering; underlines that workable ethical rules in the area of artificial intelligence do not currently exist and that implementing ethical systems in artificial intelligence, even at a theoretical level, has proved a very challenging issue;
Amendment 24 #
2015/2103(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes thatAcknowledges that currently no robust conceptual laws on robotics andor artificial intelligence, especially those with built-in autonomy and the possibility of self- learning, should be subjected to the primary robotics laws or principles, such as a principle that a robot may do not harm to a human being and must obey a human being; these principles should also be in compliancexist and the topic is widely debated in academia; reiterates its call for more research in the field of ethics of artificial intelligence also to increase the likelihood that these future laws on robotics would be aligned with the rights and principles enshrined in the CFR, in particular human dignity, the respect for private and family life, the protection of personal data, the freedom of expression and information, equality and non- discrimination, solidarity, and citizens’ rights and justice;
Amendment 45 #
2015/2103(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. an answerthorough consideration must be foundgiven to the question of what provisions might be necessary in terms of the competitiveness of the labour force ifhow the individual and collective competitiveness of all stakeholders could be optimised; points out in this respect that the artificial or genetic development or supplementing of existing human capabilities results in people with extraordinary abilities, thereby altering the meaning of the term 'disability' and conferring an unassailable advantage on people with access to such tools and interventions which will naturally raise ethical and moral questions that should be examined thoroughly and separately;
Amendment 48 #
2015/2103(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. stresses that an answer must be found to the question of what employment provisions might be necessary in terms of the competitiveness of the labour force if the artificial or genetic development or supplementing of existing human capabilities results in people with extraordinary abilities, thereby altering the meaning of the term 'disability' and conferring an unassailable advantage on people with access to such tools and interventions, and in this regard points out that as human dignity is at the centre of European and international human rights law, it is important to examine how it can be ensured that those who are not yet classified as disabled do not find themselves in the same situation as those living with intellectual disabilities and whether people living with intellectual disabilities will in the future be able to take fully-fledged decisions in the form of supported decision-making as outlined in the Convention on the Rights of Persons with Disabilities with the help of robots and how responsibility will be divided among them;
Amendment 51 #
2015/2103(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that the free flow of data is a basis for the digital economy and is essential for the development of robotics; highlights that high security of robotics and artificial intelligence systems as a whole, including their internal data systems and data flows, is crucial for the adequate utilisation of robots and artificial intelligence; stresses that a high level of safety, security and privacy of data used for the communication between people and robots and artificial intelligence, together with high quality of voice and sign language recognition systems, has to be ensured; calls on the Commission and Member States to support and incentivise the development of the necessary technology, including security by design and channels of communication;
Amendment 56 #
2015/2103(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. points out that, whilst robotics and artificial intelligence doclearly promise real advantages in the short and medium term in terms of effectiveness and economy not only for production and trade but also in areas where human intelligence hitherto meant there were only humans (whose work will be increasingly unnecessary), there is a danger of the number of jobs in the field of robotics not increasing to match the number of jobs which are expected to be lost, it believes that in the long term considerable changes will take place, and as a result of those changes, labour and production will have to be organised and adjusted;
Amendment 81 #
2015/2103(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. an answer must be found to the question of which areas might see restrictions or a ban on total automation in order to safeguard employment levels, taking into account demographic changes and sustainabissessment must be made of what the expected impact will be in areas where complete or partial automation will take place; further believes that this should not lead to reactionary policy but on the contrary calls for a politcy and any unintended social consequencesbased on reflection and selectivity.
Amendment 96 #
2015/2103(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. points out that robotisation offers considerable opportunities to bring the manufacturing industry back to the Union and thereby create new employment opportunities, in particular for low-skilled workers.
Amendment 15 #
2015/2095(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that as regards the medium term, the issue being raised by Europe’s current refugee crisis is the integration of refugees into European society; calls on the Commission, therefore, to opt for a plan geared towards social and occupational integration of refugees;
Amendment 27 #
2015/2095(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 33 #
2015/2095(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to articles 33 in juncto 35 of the Asylum Procedures Directive 2013/32/EU, and notably the principle of the first country of asylum;
Amendment 62 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission, in consultation with the Member States and the regions, to set up a system to speed up diploma equivalence and the recognition of skills, thereby helping refugees and migrants to integrate socially; maintains that refugees and migrants must receive language trainingand integration courses as soon as they arrive in the country to which they have been relocated;
Amendment 87 #
2015/2095(INI)
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decisions, operational support measures, a pro-active interpretation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while resettlement, humanitarian admission and search and rescue at sea promote external solidarity;
Amendment 112 #
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 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, and all asylum seekers who have irregularly crossed the EU's borders, as well as cooperation with third countries and longer-term strategies to address the demand for trafficked and smuggled persons and the root causes of migration which force people into the hands of criminal smugglers;
Amendment 129 #
2015/2095(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas ineffective management of external borders should invoke automatic sanctions, i.e. the suspension, and where appropriate the loss, of Schengen membership of the EU Member State involved;
Amendment 130 #
2015/2095(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the current Visa Code already allows Member States to deviate from the normal admissibility criteria for a vissue visas based ‘on humanitarian grounds’ (Articles 19 and 25); however, notes that there is a application ‘on humanitarian grounds’ (Articles 19 and 25)clear distinction between legal and economic migration, on the one side, and those seeking refuge and asylum, on the other side;
Amendment 133 #
2015/2095(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas, unless the EU Coast and Border Guard's Return Office systematically performs push-backs to safe harbours, the EU's external borders would not actually be guarded and the influx would not be stemmed;
Amendment 137 #
2015/2095(INI)
Motion for a resolution
Recital L
Recital L
L. whereas 86 % of the world’s refugee population is hosted by non-industrialised countries; and whereas criminal networks and smugglers exploit the desperation of people trying to enter the EU while fleeing persecution or war, and of people seeking a better life;
Amendment 142 #
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 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 inflowmassive and uncontrolled influx of economic migrants and asylum seekers needs to be addressed first, before new legal routes into the EU cand to undermine the business model of the smugglers be explored;
Amendment 155 #
2015/2095(INI)
Motion for a resolution
Recital N
Recital N
N. whereas EU-third country cooperation is developed through political instruments such as regional dialogues, bilateral dialogues, common agendas for migration and mobility and mobility partnerships, through legal instruments such as migration clauses in ‘global agreements’, readmission agreements, visa facilitation agreements and visa exemption agreements, and through operational instruments such as Regional Protection Programmes (RPP), Regional Development and Protection Programmes (RDPP), Frontex working arrangements and EASO cooperation with third countries; notes that at present readmission agreements with a number of third countries are proving to be ineffective, and the EU should seek to be more ambitious in their implementation and the creation of further agreements following the Valletta Summit;
Amendment 175 #
2015/2095(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas many Syrian, Eritrean and other asylum seekers had de facto protection in Turkey, before coming to the EU;
Amendment 176 #
2015/2095(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
P b. whereas, according to articles 33 in juncto 35 of the Asylum Procedures Directive 2013/32/EU, i.e. the principle of the first country of asylum, the application of an asylum seeker who had de jure or de facto protection outside the EU can be declared inadmissible, in order to return this person back to that host country;
Amendment 179 #
2015/2095(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the working-age population in the EU is projected to decline by 7.5 million by 2020; whereas projecird-country nationals face many difficulties in obtaining recognitions onf the development of labour market needs in the EU points to emerging and future shortages in specific fields; and whereas third-country nationals face many difficulties in obtainingir skills and foreign qualifications, whereas a better recognition of their foreign qualifications, and therefore tend to be over-qualified for their job goes hand in hand with the screening of skills;
Amendment 183 #
2015/2095(INI)
Motion for a resolution
Recital R
Recital R
Amendment 192 #
2015/2095(INI)
Motion for a resolution
Recital T
Recital T
T. whereas the existing fragmentation of budget lines and responsibilities can make it difficult to provide a comprehensive overview of how funds are used, and even to quantify exactly how much the EU spends on migration; notes that EU funds often can be slow to access for Member States in crisis situations; notes that Member States should look to make contributions through allocating experts and assets on a bilateral basis in order support frontline Member States;
Amendment 200 #
2015/2095(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member States, and to create a system which is fair, effective, and discourages secondary movement across the EU; whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 207 #
2015/2095(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have failed to be objective, to establish fair criteriaDublin system is the fundamental basis for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the Dublin 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; whereas a good functioning Dublin Regulation with EU Member States being able to take on their responsibilities, is an essential component of the EU's asylum system;
Amendment 214 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action on migration is based; notes thatNotes the principle of solidarity, as set out in Article 80 TFEU, which covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areastresses that solidarity goes hand in hand with the responsibility of Member States to ensure that all EU rules which have been adopted are efficiently implemented; asks the European Commission to ensure that Member States are applying the EU acquis and asks, when necessary, that the Commission makes swift and effective use of infringement procedures; stresses that good implementation of the entire EU acquis is essential to stabilize the current crisis situation within the EU, and will be more effective than ad hoc decision- making regarding the implementation of EU law, or the creation of any new "magic bullet" laws;
Amendment 232 #
2015/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Starts from the premise that stabilizing the current crisis and saving lives and must be a firstA priority, and that proper funding, at Union and Member State level, for search and rescue operations is essential is essential in order to carry out search and rescue operations, and operations to combat human traffickers; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required;
Amendment 243 #
2015/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that a permanent,at a robust and effective Union response into search and rescue operations at sea is crucial to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea;
Amendment 248 #
2015/2095(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes the view that these search and rescue operations should be accompanied by a systematic pushback policy that brings back all intercepted migrants to safe harbours outside the EU's external borders, where their applications will be processed and from where all asylum seekers that had de facto protection outside the EU can be returned to these safe havens, in full respect of EU secondary law, the Geneva Convention 1951, the prohibition of collective expulsion and the principle of non- refoulement;
Amendment 257 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’' governments mustshould deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringreturning them to the closest place of safety;
Amendment 263 #
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 cannot provide an structural option in lieu of Member States and the Union fulfilling their obligations in terms of search and rescue;
Amendment 283 #
2015/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures aimed at disrupting, preventing, prosecuting and punishing the activities of criminal networks involved in the trafficking and smuggling of people; stresses that a robust EU standard should be established in order to avoid forum shopping on the part of smugglers and traffickers;
Amendment 307 #
2015/2095(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls urgently for progress to be made in order to initiate the third and final phase of EUNAVFOR Med (Operation Sophia);
Amendment 322 #
2015/2095(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that the EU must take action in order to disrupt human traffickers; but also the flow of money made as a consequence of this exploitative crime; notes that it is estimated that profits in excess of 20 billion euros are made from trafficking annually which often feeds into other kinds of criminality; notes that it is unfortunate that in a small number of cases, trafficking and smuggling of persons facilitates the entry of criminals; and therefore, it is essential that upon arrival all asylum seekers are fingerprinted under the EURODAC system and processed as soon as possible;
Amendment 346 #
2015/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that Member States and the EU should continue to find ways to work with third countries, EUROPOL, and the EEAS in order to identify the modus operandi an routes of criminal groups; encourage third countries to lay down the strongest possible criminal sanctions against human traffickers and smugglers; and find effective ways of patrolling international waters and preventing the departure of trafficked vessels by assisting in their legal destruction;
Amendment 378 #
2015/2095(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Takes the view that relocation mechanisms need to be subject to strict conditions, i.e. effectively protecting the E.U.'s external borders and a fair redistribution key, and be accompanied by E.U. policy allowing Member States to conduct an effective national activation and integration policy;
Amendment 388 #
2015/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, for the purposes of the Relocation Decisions, relocation will cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions; stresses therefore that it is essential that all other elements of the EU's asylum system operate effectively, and that all those individuals who do not qualify to stay in the EU are returned immediately in line with due legal process and the EU acquis;
Amendment 419 #
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 and, the population density of the Member State and its historical migration flows;
Amendment 444 #
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, wherin case the refugees can neither return to their home countries nor receive effective protection or be integrated into the host countryhad safe residence in a third-country of transit;
Amendment 461 #
2015/2095(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, given the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningfulaximum number of refugees, with regard to the overall numbers of refugees seeking international protection in the Unionto be determined in advance;
Amendment 467 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanenta Union-wide resettlement programme, with mandatory participation by Member States, providing resettlement for a meaningfulaximum number of refugees, having regard to the overall number of refugees seeking protection can only be effective if accompanied by a systematic push-back policy in the Union;
Amendment 488 #
2015/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that humanitarian admission can be used as a complement to resettlement in order to give urgent protection, often on a temporary basis, to the most vulnerable where needed, e.g. unaccompanied minors or refugees with disabilities; calls upon Member States to look to national provisions to provide temporary humanitarian protection;
Amendment 490 #
2015/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 502 #
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; however, stresses that humanitarian visas should be dealt with in a separate instrument, and not included in EU Visa laws;
Amendment 516 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps and better implementation are necessary to ensure that the CEAS becomes a truly uniform system;
Amendment 525 #
2015/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a comprehensive assessment (in the form of the Commission’'s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States, is absolutely necessary in order to improve harmonisationthe asylum systems across all EU Member States;
Amendment 544 #
2015/2095(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concernedis under revision in order to increase its effectiveness and practicality during crisis situation; stresses however, that the basic principles of Dublin should not be changed regarding that an asylum seekers should be processed in the first Member State entered; stresses that this is essential in order to ensure proper processing, fingerprinting, the prevention of forum shopping and any possible pull factors; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 552 #
2015/2095(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Points out that the pressure placed on the system – as established by the Dublin Regulation – by the rising number of migrants arriving in the Union has shown that, as implemented,some frontline E.U. Member States failed to take responsibility in putting the system – as established by the Dublin Regulation – in practice, and therefore theis system has largely failed to achieve its two primary goals of establishing objective and fair criteria for allocation of responsibility and of providing swift access to international protection;
Amendment 557 #
2015/2095(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Further points out that, at the same time, the incidence of secondary movements across the Union remains high; views it as self-evident that, since its creation, the Dublin system was not designed to share responsibility among Member States, but that its main purpose was to assign swiftly responsibility for processing an asylum application to a single Member State;
Amendment 568 #
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; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘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 arrivalRelocation Decisions and the Dublin Regulation are two separate instruments which should be undertaken at two separate stages; this is essential if both the Dublin Regulation and Relocation are to work effectively and expediently;
Amendment 582 #
2015/2095(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support thfrontline Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhwith financial and technical support; and that Member States should ensure meaningful and sufficient assets, expertise, and finances the quality and functioning of the CEASo Agencies supporting frontline Member States; such as EASO and FRONTEX, especially in light of FRONTEX's proposed increased mandate;
Amendment 585 #
2015/2095(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Takes the view that frontline Member States in peril having been offered such support, and refusing it to the disadvantage of other Member States, should be sanctioned;
Amendment 591 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 615 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 630 #
2015/2095(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that the asylum systems of some frontline Member States are already clearly overburdened and that the Temporary Protection Directive should – under its own logic – have been triggered; calls, in any case, for a clear definition of ‘mass influx’ to be established upon revision of this directive; understands that such a revision of the Temporary Protection Directive can form part of the review of the Dublin system;
Amendment 639 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees 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; 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 657 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Emphasises that reception of asylum seekers in their region of origin could better contribute to their integration in a new community;
Amendment 658 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Calls on the Commission to review the Qualifications Directive in line with the Convention of Geneva of 1951, so that EU Member States can establish and conduct effective national activation and integration policies, taking into account inter alia the 'unemployment trap' caused by having to provide refugees with a minimum subsistence allowance;
Amendment 672 #
2015/2095(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 685 #
2015/2095(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and; calls on the Commission to come forward with appropriate proposals in that regardwhich assess the skills of refugees and third country nationals, and how this can address skills shortages of the individual Member States;
Amendment 690 #
2015/2095(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Underlines that such an individual examination of the application can be achieved by applying articles 33 in juncto 35 of the Asylum Procedures Directive 2013/32/EU;
Amendment 704 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep familiimmediate family relatives together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations;
Amendment 739 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safeStresses that at present the rate of return of s for those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEASrsons who do not qualify for asylum or refuge in the EU is far too low; thus overburdening the system and preventing genuine asylum seekers from receiving assistance and causing shortages in services and reception facilities in Member States; stresses that the safe return of individuals is part of EU law, as much as any other legal instrument which forms part of the EU acquis; calls for any practical obstacles in place to be removed, in order to better assist returns;
Amendment 784 #
2015/2095(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Suggests that any attempt by Member States to ‘push back’ migrants who have not been given the opportunity to present asylum claims runs contrary toNotes that Member States who return migrants from the EU's external border should do so in compliance with Union and international law, and that the Commission should take appropriate action against any Member State that attempts such ‘push backs’international agreements, which entails inter alia the possibility of push backs to safe harbours where asylum applications can be treated;
Amendment 801 #
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 ; observes that if such a Union list would become obligatory for Member States it could, in principle, be an important tool for facilitatinghaving a common approach to returns and speeding up the asylum process, including return; __________________ 13 Directive 2013/32/EU of the European 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 814 #
2015/2095(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Regrets the current situation in which Member States apply different lists, containing different safe countries, hampering uniform application and incentivising secondary movemenWelcomes a uniform approach to safe third countries; but stresses that in addition to an EU list, Member States must also be able to keep national lists;
Amendment 851 #
2015/2095(INI)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Stresses that EASO and FRONTEX should be able to independently assist in Member States failing to fulfil their legal obligations to ensure a functioning asylum system and external border control, under the instruction and monitoring of the Council and the European Commission, and that failure by the Member State involved to accept such assistance should lead to sanctions;
Amendment 854 #
2015/2095(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Observes that the EASO budget for 2015 for relocation, resettlement and the external dimension was a mere EUR 30 000; reiterates that this very small budget cannot be taken seriously in the light of current events in the Mediterranean and in the light of the multiple references made to EASO in the Relocation Decisions; recalls that significant increases in the budget of EASO, in its human resources and in the amounts it allocates in respect of relocation and resettlement, will be needed in the short, medium and long term; calls upon Member States to increase their contribution of resources and expertise;
Amendment 876 #
2015/2095(INI)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Stresses that, in order to avoid free- riding, invoking the EU. Coast and Border Guard, in case EU Member States fall short in protecting the EU's common borders, should be disincentivised by invoking legal or financial sanctions;
Amendment 877 #
2015/2095(INI)
Motion for a resolution
Paragraph 61 b (new)
Paragraph 61 b (new)
61 b. Believes that, in line with the Geneva Convention 1951 and the principle of non-refoulement, the EU Coast and Border Guard's Return Office should focus on returning all intercepted asylum seekers that found de facto or legal protection outside the EU back to these safe havens, effectively applying the first country of asylum principle as inscribed in EU secondary law;
Amendment 880 #
2015/2095(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Looks forward to negotiations on the proposal within and between the co- legislators in the context of the ordinary legislative procedure, in accordance with Article 294 TFEU; and calls for any European Border Guard to be sufficiently equipped with resources and a mandate which can effectively manage the deficiencies of guarding the external border at a Member State level;
Amendment 944 #
2015/2095(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72 a. Regrets that the hotspots, called an essential part of the relocation mechanism by the European Commission, are still not fully operational, demonstrating the reluctance by both the European Commission and some front-line EU Member States to tackle secondary movements across the Schengen Area;
Amendment 981 #
2015/2095(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes that the Commission is considering a revision of Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence; takes the view that anyone who provides dlifferent formse saving ofr humanitarian assistance to those in need should not be criminalised and that Union law should reflect that principle; but that individuals and organizations must not facilitate the illegal smuggling of individuals into the EU;
Amendment 987 #
2015/2095(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Underlines that another crucial step in dismantling criminal smuggling and trafficking networks is to prioritise financial investigations, as tracking and confiscating the profits of those criminal networks is essential if they are to be weakened and eventually dismantled; calls, in this regard, for the Member States to transpose swiftly and effectively the fourth Anti-Money Laundering Directive; and calls upon the European Commission to come forward with robust proposals in order to prevent, detect, and interrupt the flow of illicit money;
Amendment 1006 #
2015/2095(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Acknowledges that the basic instrument that sets out the objectives of the Union’s external policies on migration, asylum and borders is the GAMM; takes note that various instruments exist under that umbrella, including regional dialogues, bilateral dialogues, mobility partnerships, common agendas for migration and mobility, readmission agreements, visa facilitation agreements, visa exemption agreements, RPPs and RDPPs; notes that the EU must be more ambitious in securing and implementing returns and readmission agreements, and leveraging its resources, such as expenditures under the European Neighbourhood Policy (ENP), in order to have third countries cooperating in taking back their own nationals who do not qualify for asylum in the EU;
Amendment 1046 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Stresses that the EU needs to encourage wealthy countries in conflict regions; and third countries across the globe, to offer resettlement and assist in providing aid and resources to those countries offering refugee in conflict regions; in order to discourage human trafficking; and prevent further loss of life through onward movement;
Amendment 1047 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 b (new)
Paragraph 86 b (new)
86b. Stresses that the EU needs to act on supporting third countries offering refuge in conflict regions; both in terms of expertise and resources in order to ensure that there is not a "lost generation" of young people with no education or training;
Amendment 1083 #
2015/2095(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Highlights that the recent increase in arrivals of refugees and economic migrants into the Union has shown that, on their own, preventive measures are not sufficient for managing the current migration phenomena;
Amendment 1095 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, 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 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; stresses that such investment is important in order to prevent "brain drain" from these countries; and to ensure that there is a young, educated, and ambitious workforce and society in the future;
Amendment 1131 #
2015/2095(INI)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97a. Stresses that there should be a full and on-going assessment as to the effectiveness of EU funding and aid given to the third countries; and that the Commission should fully assess the impact of the money given in terms of stabilising the migrant crisis; stresses that there must be a clear and objective benefit for the EU and for asylum seekers;
Amendment 1132 #
2015/2095(INI)
Motion for a resolution
Paragraph 97 b (new)
Paragraph 97 b (new)
97b. Believes that a lack of asylum solidarity should lead to sanctions such as the suspension of socio-economic funds;
Amendment 1142 #
2015/2095(INI)
Motion for a resolution
Paragraph 101 a (new)
Paragraph 101 a (new)
101a. Notes that outside of the formal budget structures of the EU; Member States should look to support each other through the donation of assets and expertise;
Amendment 1155 #
2015/2095(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
Amendment 1162 #
2015/2095(INI)
Motion for a resolution
Paragraph 105
Paragraph 105
Amendment 1167 #
2015/2095(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
Amendment 1183 #
2015/2095(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
Amendment 1191 #
2015/2095(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
Amendment 1201 #
2015/2095(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111a. Takes the view that legal and economic migration and the EU jobs market should be dealt with entirely separately from the instruments intended to deal with asylum seekers and refuges; stresses that in order to have a quick and well-functioning system for both these areas it should be a two layered approach; points out that economic migrants and asylum seekers are two very different categories, which required individual and nuanced responses;
Amendment 1228 #
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 Union, who cooperate and facilitate prosecution of traffickers and/or criminal smugglers, 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 1233 #
2015/2095(INI)
Motion for a resolution
Paragraph 120
Paragraph 120
Amendment 1236 #
2015/2095(INI)
Motion for a resolution
Paragraph 120 a (new)
Paragraph 120 a (new)
120a. Stresses the importance of being respectful of Member States' competences;
Amendment 1238 #
2015/2095(INI)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes, moreover, that it is clear that the directive should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages; 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 directive, 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 24 #
2015/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas prison conditions and prison management are responsibilities of the Member States but the Union also has a necessary role to play in sharing best practice in order to protecting the fundamental rights of prisoners and in creating the European Area of Freedom, Security and Justice;
Amendment 83 #
2015/2062(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the spread of radical and violent ideologies and terrorist radicalisation is occurrincreasing in many prisons inacross the European Union;
Amendment 117 #
2015/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. DeplorRecognises the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also with regard to the activities made available, medical care and monitoring of prisoners;
Amendment 228 #
2015/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to combat the growing phenomenon of radicalisation in prisons by improving mechanisms for identifying and dealing with extremist behaviour and mechanisms for identifying and confiscating extremist propaganda materials, as well as working on rehabilitation programs and units; encourages Member States to exchange best practice in order to counter the increase in terrorist radicalisation in Europe's prisons;
Amendment 255 #
2015/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison, and encourage; supports Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations to be convenedintroducing specialised training for all prison staff, partners operating in the penal system, religious staff and NGO personnel who interact with prisoners, in order to ensure they detect, prevent and deal with behaviour tending to radical and extremist behaviour at the earliest stage possible and encourages Member States to share information and good practices on this;
Amendment 261 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recommends that the Commission and Member States examine the evidence and experience concerning the practice of separation in prisons with the objective of containing the spread of radicalisation and whether this practice could be implemented by Member States in a way that is proportionate and in full compliance with the fundamental rights of the inmate;
Amendment 266 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Encourages Member States to share best practice on education, rehabilitation and reintegration programs particularly in order to improve reintegration after leaving prison and to help prevent further cases of radicalisation;
Amendment 15 #
2015/2059(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is concerned about the latest violent repression of trade unions in the Republic of Korea; calls on the Commission to initiate consultations with the Korean authorities about violations of fundamental rights, such as the freedom of association and effective recognition of the right to collective bargainingBelieves that it is important to look ahead and investigate where the free trade agreement can be improved in a manner that benefits both parties, with regard not only to business interests, but also to economic growth, job creation and the sharing of good practices;
Amendment 20 #
2015/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 34 #
2015/2059(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Expects the agreement to respect workers’ fundamental rights and to reflect international core labour standardresses support for the systematic inclusion of human rights clauses in all international agreements between the EU and third countries, including with regard to labour standards; believes that European businesses have an important role to play in promoting international standards on good governance and human rights;
Amendment 193 #
2015/0310(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Low return rates within an EU Member State shall also constitute ineffective control of the EU’s external borders to the extent that this risks putting in jeopardy the functioning of the Schengen area.
Amendment 243 #
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 external borders with a view to reducing pressure at the EU’s external border, managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.
Amendment 288 #
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 investigation of cross-border crime and irregular immigration, where appropriate;
Amendment 378 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point g
Article 7 – paragraph 1 – point g
(g) deploy European Border and Coast Guard Teams and technical equipment to provide assistance into the European Asylum Support Office (EASO) and/or national authorities in each Member State which are responsible for border control or for other tasks carried out at the external border in terms of screening, identificationying and fingerprinting in the framework of the migration management support teams at hotspot areas;
Amendment 423 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 541 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decision, further action mayshall be taken by the Commissionuncil in accordance with Article 18.
Amendment 557 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas to conduct return operations;
Amendment 593 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point l
Article 15 – paragraph 3 – point l
(l) procedures setting out a referral mechanism whereby persons in need of international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance;
Amendment 594 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point l a (new)
Article 15 – paragraph 3 – point l a (new)
(la) procedures setting out a referral mechanism whereby persons in need of international protection are directed to the European Asylum Support Office (EASO) and / or competent national authorities for the application of the Asylum Procedures Directive (APD), inter alia the concept of the first country of asylum and safe country of origin;
Amendment 602 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision., by making use of existing plans and procedures;
Amendment 618 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) providing assistance in 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;
Amendment 622 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 644 #
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 of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commissionuncil by qualified majority, after consulting the Agency, mayshall adopt a decision 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).
Amendment 657 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
On duly justified imperative grounds of urgency relating to the functioning of the Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 79(5), only until the Council has taken a decision.
Amendment 684 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. In the event that an EU Member State refuses to comply with the Council decision, all other EU Member States shall immediately have the right to re- establish internal border controls until full compliance is achieved, or the Member State leaves the Schengen Area;
Amendment 698 #
2015/0310(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Members of the teams shall, 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 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 sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 707 #
2015/0310(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. If the vulnerability assessment demonstrates that the EU Member State is at fault for deficiencies in guarding the EU's external borders, part of the budget for the Agency's operations shall be covered by that Member State, amounting to what the assessment indicates as the national budget that would have been required additionally for adequate border management.
Amendment 714 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist.
Amendment 729 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. The Return Office shall be responsible for carrying out the return- related activities of the Agency, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection and human rights obligations. The Return Office shall, in particular:
Amendment 739 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) coordinate and / or organise the return-related activities of the Agency as set out in this Regulation;
Amendment 748 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that in its grant agreements with Member Statesthe authorities of third countries that any financial support is conditional upon the full respect for the Charter of Fundamental Righconclusion of readmission agreements.
Amendment 803 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
Amendment 814 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.
Amendment 815 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protectionpersons in need of medical assistance, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 826 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency except for returns. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
Amendment 829 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Agency shall develop and regularly update a Code of Conductadhere to the Return Handbook for the return of illegally staying third-country nationals which shall apply during all return operations and return interventions coordinated or organised by the Agency. That Code of Conduct shall describ, ensuring that the common standardises and procedures to simplify the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non-discriminationof Directive 2008/115/EC are implemented.
Amendment 831 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 834 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border and Coast Guard Teams, 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 on fundamental rights, access to international protection and search and rescue.
Amendment 838 #
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.
Amendment 843 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant maritime law. The Agency shall draw up the common core curricula after consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.
Amendment 906 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – introductory part
Article 46 – paragraph 1 – introductory part
1. Calls on Member States to ensure the regular and accurate update of EU databases including the Schengen Information System and the European Criminal Records Information System, so that all available information can be utilised by the FRONTEX agency in order to ensure the security of the EU's external border and the good functioning of the Schengen area. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams shall be limited toinclude:
Amendment 921 #
2015/0310(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
Amendment 927 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1 a (new)
Article 51 – paragraph 1 – subparagraph 1 a (new)
Individuals seeking international protection should be registered, fingerprinted, and debriefed according to existing asylum procedures; background security checks should also be carried out at the EU's external borders, after which the Asylum Procedures Directive (APD) should be applied, inter alia the concepts of first country of asylum and safe country of origin, allowing the Return Office to swiftly exercise return operations. The European Coast and Border Guard (ECBG), Europol, Eurojust, the European Asylum Support Office (EASO) and national competent authorities shall work together to achieve the aim of accelerated procedures in the context of hotspots.
Amendment 955 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related to the management of operational cooperation. Such arrangements shall have received the Commission’uncil's prior approval.
Amendment 980 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 992 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 1045 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Commissionuncil shall propose candidates for the post of the Executive Director and the Deputy Executive Director based on a list following publication of the post in the Official Journal of the European Union and other press or internet sites as appropriate.
Amendment 1096 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate with the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1107 #
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 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 1112 #
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 complaint mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights, in all the activities of the Agencyf systematic deficiencies for the respect of human rights are reported by the Fundamental Rights Officer.
Amendment 1153 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languagesthe official languages of the European Union and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1170 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By threone years from the date of entry into force of this Regulation, and every three years thereafter, the Commission shall carry out an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.
Amendment 1172 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 2
Article 80 – paragraph 1 – subparagraph 2
Amendment 68 #
2015/0281(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015 and in Brussels on the 22nd of March 2016. In addition, the European Union and its Member States face increased threats from individuals inspired or instructed by terrorist groups abroad but who remain within Europe.
Amendment 252 #
2015/0281(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission or encourage the preparation or instigation of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 281 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that travelling to another country either within or outside the Union for the purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities of a terrorist group referred to in Article 4 or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 120 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services;, including public urban transport such as underground, rail, tramway, trolleybus and bus systems, as regards: (i) self-service terminals, ticketing machines and check-in machines, with at least half of the total number of machines operating in each station area easily accessible. (ii) websites, mobile device-based services, smart ticketing and real-time information; (iii) vehicles, related infrastructure, and the built environment; (iv) Member States shall ensure that, within their territory, fleets of taxis and hire cars include an adequate proportion of adapted vehicles.
Amendment 172 #
2015/0278(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Due to the differences in national accessibility requirements, individual professionals, SMEs and micro-enterprises in particular are discouraged from entering into business ventures outside their own domestic markets. The national, or even regional or local, accessibility requirements that Member States have put in place currently differ as regards both coverage and level of detail. Those differences negatively affect competitiveness and growth, due to the additional costs incurred in the development and marketing of accessible products and services for each national market.
Amendment 190 #
2015/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selected. Therefore micro-enterprises, due to their size, resources and nature should not be required to comply with the accessibility requirements set out in this Directive.
Amendment 199 #
2015/0278(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The Commission’s proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council34 includes accessibility requirements for a specific set of public sector bodies’ websites and mobile applications. In addition, it proposes to establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites with the requirements listed in that Directive. Both the accessibility requirements and the monitoring and reporting methodology included in that Directive are to apply to the public sector bodies' websites and mobile applications. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website or mobile application, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websitesDirective (EU) 2016/2102. Activities of ecommerce of public sector websites and mobile applications not covered by that Directive, fall under the scope of this proposalDirective, in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons, irrespective of their public or private sale. __________________ 34 Proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of public sector bodies' websites COM(2012) 721the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
Amendment 200 #
2015/0278(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) This Directive should complement the sectorial Union legislation in the aspects not covered by this Directive.
Amendment 214 #
2015/0278(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) 'Design for all' should be understood as the design and composition of an environment, including products and services, so that it can be accessed, understood and used to the greatest extent possible, not excluding the use of specialised and fully interoperable assistive technology.
Amendment 215 #
2015/0278(COD)
Proposal for a directive
Recital 28
Recital 28
(28) All economic operators falling within the scope of this Directive and intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this Directive. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process.
Amendment 217 #
2015/0278(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Economic operators should be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to ensure a high level of protection ofachieve full accessibility and to guarantee fair competition on the Union market.
Amendment 229 #
2015/0278(COD)
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and should take account of the administrative burdens that SMEs are faced with. It should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterprises. Consequently, when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures, the situation of SMEs should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on SMEs. In addition, market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non-serial nature of the production concerned, without creating unnecessary obstacles for SMEs and without compromising the protection of public interests. Additionally, micro- enterprises, due to their size, resources and nature should not be required to comply with the accessibility requirements.
Amendment 238 #
2015/0278(COD)
Proposal for a directive
Recital 44
Recital 44
Amendment 242 #
2015/0278(COD)
Proposal for a directive
Recital 45
Recital 45
Amendment 253 #
2015/0278(COD)
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) In order to allow service providers sufficient time to adapt to requirements laid down by this Directive, it is necessary to provide for a transitional period of [5] years after the date of application of this Directive, during which products used for the provision of a service which were placed on the Union market before that date do not need to comply with the accessibility requirements pursuant to this Directive unless they are replaced by the service providers during the transitional period. It should be without prejudice to transitional periods and application dates set out by other Union legislation on accessibility. Given the cost and long life- cycle of automatic teller machines, ticketing machines and check-in machines, it is appropriate to provide that, when such terminals are used in the provision of services, they may continue to be used until the end of their economically or physically useful life or until they are fully depreciated. If on the basis of the required assessment it is concluded that it would constitute a disproportionate burden on the economic operator to require that all automatic teller machines, ticketing machines or check-in machines that are available for the provision of the same service comply with the accessibility requirements laid out in this Directive then the assessment should also suggest what number of compliant machines would be sufficient to secure the accessibility of the services provided by the service provider in question. In its assessment the service provider should take into account inter alia the estimated benefit for persons with disabilities and the ease of access of the accessible machines.
Amendment 255 #
2015/0278(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and services and the built environment related to the provision of goods and services which without Union action would further increase disparities between national provisions.
Amendment 261 #
2015/0278(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Each product and service has to comply withwithin the scope of this Directive shall have an accessibility report available, outlining which of the accessibility requirements identified in Article 3 and listed in Annex I to bhave been implemented to make the product or service accessible for persons with disabilities and older persons. The accessibility report is a list or statement of accessibility feature that form part of the general description of the product as required in Annex II and of the services as required in Annex III. The e- commerce accessibility obligations also apply to the online sale of services under Article 1(2)(a) to (e) of this Directive.
Amendment 271 #
2015/0278(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, cCommon accessibility requirements of the built environment would facilitateare essential for the free movement of the related services and of persons with disabilities. Therefore, this Directive enablecommits Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 277 #
2015/0278(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) When identifying and classifying the needs of persons with disabilities the product or service is intended to meet, the principle of the universal design should be viewed in accordance with the General Comment No. 2(2014) on Article 9 of the UN Committee on the Rights of Persons with Disabilities.1a __________________ 1ahttps://documents-dds- ny.un.org/doc/UNDOC/GEN/G14/033/13/ PDF/G1403313.pdf?OpenElement
Amendment 283 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) services providing access to audiovisual media services and, including related consumer equipment with advanced computing capability used for the provision of those services;
Amendment 288 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services; in relation to the following aspects:
Amendment 290 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point c – point i (new)
Article 1 – paragraph 2 – point c – point i (new)
i) the websites, mobile applications, the mobile device-based services, smart ticketing, real-time information; and
Amendment 291 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point c – point ii (new)
Article 1 – paragraph 2 – point c – point ii (new)
ii) self-service terminals located within the territory of the Union, including ticketing machines and check- in machines used for the provision of passenger transport services;
Amendment 294 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) consumer banking services;
Amendment 296 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books and access to e-books;
Amendment 301 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) e-commerceonline marketplace intended for use by consumers.
Amendment 306 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services and infrastructure;
Amendment 317 #
2015/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable and understandable for persons with functional limitations, including and persons with disabilities, on an equal basis with others;
Amendment 318 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Micro-enterprises, due to their size, resources and nature shall not be required to comply with the accessibility requirements laid down by this Directive.
Amendment 333 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “universal design”“ referred to also as “design for all” means the design of products, environments, programmes and services to be usable by all peoplersons, to the greatest extent possible, without the need for adaptation or specialised design; “universal design” does not exclude assistive devices for particular groups of persons with functional limitations, includingcould also be achieved by means of interoperability with assistive devices for persons with disabilities where this is needed;
Amendment 339 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
(6a) "access to audiovisual media services" means features necessary for enabling the use of audiovisual media services provided, particularly different means of transmission of audiovisual media services, to the extent that the features are not covered by Directive 2010/13/EU;
Amendment 343 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that, where relevant to their foreseeable use as declared by the economic operator, the products and services referred to in Article 1(1) and 1(2) comply with the accessibilityfunctional performance requirements set out in Annex I in accordance with paragraphs 2 to 9 of this Article.
Amendment 346 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21
Article 2 – point 21
(21) “e-commerce” means the online sale of products and services"online marketplace" means a digital service that allows consumers as defined in point (a) of Article 4(1) of Directive 2013/11/EU of the European Parliament and of the Council1a to conclude online sales or service contracts with traders as defined in point (b) of Article 4(1) of that Directive either on the online marketplace's website or on a trader's website that uses computing services provided by the online marketplace; __________________ 1a Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
Amendment 362 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decidshall ensure, in the light of national conditions, that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators shall, as well as any other service or place for the purchase of any of the products included in this Directive, comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.
Amendment 378 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The accessibility requirements referred to in Article 3 shall apply to the extent that they do not introduce a significant change in an aspect or feature of a product or service that results in theany alteration of the basic nature of the product or service concerned. The accessibility requirements may be fulfilled through the use of third party applications, peripheral devices, software, hardware, or customer premises equipment that is available to persons with disabilities on an equal basis with others.
Amendment 380 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the estimated costs and benefits for the economic operators in relation to the estimated benefit for persons with disabilities, taking into account the frequency and duration of use of the specific product or servicefunctional limitations and persons with disabilities.
Amendment 382 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 9
Article 3 – paragraph 9
9. E-commerOnline marketplaces shall comply with the requirements set out in Section VIII of Annex I.
Amendment 395 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the assessment referred to in paragraph 3. In order for an exemption to be granted pursuant to such exception, the market surveillance authority shall systematically verify the assessment, unless the economic operator has provided an independent third-party assessment. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority.
Amendment 396 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. When placing their products on the market, manufacturers shall ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements set out in Article 3 unless the functional requirements are not achievable as the adaptation of product would need a fundamental alteration or would impose a disproportionate burden for the manufacturer.
Amendment 397 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The requirements set out in paragraph 1 are deemed to be satisfied also when the manufacturer chooses the use of third party applications, peripheral devices, software, hardware, or customer premises equipment that persons with disabilities can access.
Amendment 398 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. A structured dialogue shall be established between relevant stakeholders, including persons with disabilities and their representative organisations and the market surveillance authorities, to ensure that adequate, coherent principles for the assessment of the exemptions are established.
Amendment 398 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 401 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.
Amendment 404 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
6b. Member States are encouraged to provide incentives and guidelines to microenterprises to facilitate the implementation of this Directive. The procedures and guidelines shall be developed in consultation with relevant stakeholders, including persons with disabilities and their representative organisations.
Amendment 405 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 407 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 414 #
2015/0278(COD)
Proposal for a directive
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the estimated costs and benefits for the competent authorities concerned in relation to the estimated benefit for persons with disabilities, taking into account the frequency and duration of use of the specific product or servicefunctional limitations and persons with disabilities;
Amendment 421 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products which they have placed on the market and to ensure compliance with the requirements referred to in Article 3.
Amendment 425 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) accessible provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;
Amendment 425 #
2015/0278(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) co-operate with the competent national authorities, at their request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products covered by their mandate.
Amendment 428 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Before placing a product on the market importers shall ensure that the conformity assessment procedure set out in Annex II has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product bears the CE marking and isproducts are in conformity with this Directive. They shall ensure that the products are accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6).
Amendment 431 #
2015/0278(COD)
Proposal for a directive
Annex I – row 2 – Section I – column 1 – title
Annex I – row 2 – Section I – column 1 – title
General purpose computer hardware and operating systems and household appliances operated by user interface with ICT technology
Amendment 431 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a riskdoes not fulfil the conformity requirements, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 434 #
2015/0278(COD)
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point A (new)
Annex I – row 2 – Section I – column 2 – point A (new)
A. Operating systems 1. The provision of services in such a way as to maximise their intended use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in point Ab. The provision of services shall include: (a) information about the functioning of the service and about its accessibility characteristics and facilities, which shall also be provided in digital and accessible formats; (b) the electronic information, including the websites needed in order for the service to be provided.
Amendment 435 #
2015/0278(COD)
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point 1
Annex I – row 2 – Section I – column 2 – point 1
Aa. General purpose computer hardware, operating systems and household appliances operated by user interface 1. Design and production: The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments, shall be achieved by making accessible the followingcomplying with the following accessibility requirements: (a) the information on the use of the product provided on the product itself (labelling, instructions, warning), which: (i) must be available by more than one sensory channel; shall be provided in accessible web format and electronic non-web document and: (ii) mustshall be understandable; (iii) mustshall be perceivable; (ivii) shall have an adequate size of fonts in foreseeable conditions of use; (b) the packaging of the product including the information provided in it (opening, closing, use, disposal)and type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use; (iv) shall be made available in accessible web format and electronic non- web documents; (b) the packaging of the product including the information provided in it (opening, closing, use, disposal) which: (i) shall meet the requirements laid down in point 1a; (ii) shall in a simple and precise way inform the users that the product incorporates accessibility features; (c) the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following: (i) the content of instruction shall be made available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel, and (ii) the instructionsaccessible web format and electronic non- web document by making them perceivable, operable, understandable and robust; (ii) shall list and explain how to use the accessibility features of the product and its compatibility with a variety of assistive technologies available at Union and international level; (iii) shall be provided on alternatives to non-text content; (d) (handling, controls and feedback, input and output) in accordance with point 2; (e) providing functions aimed to address the needs of persons wielectronic formats upon request. The alternative non-electronic formats may include large print, Braille, or easy-to- read text. the user interface of the product the functional limitations, in accordance with point 2; (f) assistive devices.ity of the product by the interfacing of the product with
Amendment 436 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 443 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products which they have placed on the market.
Amendment 445 #
2015/0278(COD)
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point a – introductory part
Annex I – row 3 – Section II – column 2 – point 1 – point a – introductory part
(a) the information on the use of the product provided on the product itself (labelling, instructions, warning), which:shall be made available in accessible web format and electronic non-web document that are perceivable, operable, understandable and robust
Amendment 447 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before making a product available on the market distributors shall verify that the product bears the CE marking, that itis in conformity with this Directive and is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 5(5) and (6) and Article 7(4).
Amendment 451 #
2015/0278(COD)
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point a – point iv
Annex I – row 3 – Section II – column 2 – point 1 – point a – point iv
(iv) shall have an adequate size of fontsand type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use;
Amendment 451 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a riskis not in conformity with this Directive, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 454 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 457 #
2015/0278(COD)
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 2
Annex I – row 3 – Section II – column 2 – point 2
2. User interface and functionality designFunctionality requirements for user interface and design of the product: In order to make accessible the design of the products and their user interface as referred to in points (b) and (c) of point 1 they must be designed, where applicable, as follows: (a) provide for communication and orientation via more than one sensory channel; (b) provide for alternatives to speein accordance with Section I Point 2 as well as: (a) It shall not require that an accessibility feature be on in order for a user who needs the feature to turn it on; (b) where a timed response is required, the user shall be alerted visually, as well as by touch for communication and orientation; (c) provide for flexible magnification and contrast; (d) provide for an alternative colour to convey information; (e) provide for flexible ways to separate and control foreground from background including for reducing background noise and improve clarity; (f) (g) alternatives to fine motor control; (h) with limited reach and strength; (i) provide avoidance of triggering photosensitive seizures.sound, and shall be given the possibility to extend the time permitted; (c) the product shall be operable, including the operable parts of the product, such as keys and controls, shall have an adequate contrast between the keys and controls and their background, and shall be tactilely discernible; (d) where keys, tickets, or cards are provided, these shall have an orientation that is tactilely discernible if orientation is important to further use of the key, ticket or card; (e) where the product uses biological characteristics of the user, it shall not rely on the use of a particular biological characteristic as the only means of user identification or for control of the product. provide for user control of volume; provide for sequential control and provide for modes of operation
Amendment 459 #
2015/0278(COD)
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – introductory part
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – introductory part
(b) providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:, which shall be provided in accessible web format and electronic non-web document that are perceivable, operable, understandable and robust
Amendment 461 #
2015/0278(COD)
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – point i a (new)
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – point i a (new)
(ia) the information shall be made available in accessible web format and electronic non-web document format by making it perceivable and operable.
Amendment 461 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products which they have made available on the market.
Amendment 466 #
2015/0278(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Economic operators shall be able to present the information referred to in paragraph 1 for a period of 10five years after they have been supplied with the product and for a period of 10five years after they have supplied the product.
Amendment 467 #
2015/0278(COD)
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c
(c) making websites and mobile applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 467 #
2015/0278(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Service providers shall prepare the necessary information in accordance with Annex III explaining how the services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with functional limitations anda manner which is accessible to persons with disabilities. Service providers shall keep the information as long as the service is in operation.
Amendment 470 #
2015/0278(COD)
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c a (new)
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c a (new)
(ca) making mobile-based services including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 473 #
2015/0278(COD)
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point e
Annex I – row 4 – Section III – column 2 – point A – point 1 – point e
(e) including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitationsdisabilities: (i) where a service provides two-way voice communication, it shall also support real-time text in parallel and on the same call; (ii) where a service supports two-way communication and that service is specified for use with relay services, support shall be provided for voice, real- time text and/or video, alone or in any combination, on both outgoing and incoming calls following the Total Conversation approach; (iii) where a service supports two-way communication and is specified for use with emergency services, support shall be provided for voice, real-time text and/or video, alone or in any combination, on both outgoing and incoming calls, following the Total Conversation approach.
Amendment 489 #
2015/0278(COD)
Proposal for a directive
Annex I – row 5 – Section IV – column 2 – point A – point 1 – point b – point i a (new)
Annex I – row 5 – Section IV – column 2 – point A – point 1 – point b – point i a (new)
(ia) it shall be made available in accessible web format and within the electronic programming guides (EPG) by making it perceivable, operable, understandable and robust, in accordance with point (c);
Amendment 492 #
2015/0278(COD)
Proposal for a directive
Annex I – row 5 – Section IV – column 2 – point B – point 1 – point c – point i a (new)
Annex I – row 5 – Section IV – column 2 – point B – point 1 – point c – point i a (new)
(ia) they shall be made available in accessible web format and electronic non- web document format by making them perceivable and operable;
Amendment 493 #
2015/0278(COD)
Proposal for a directive
Annex I – row 6 – Section V – column 2 – point A – point 1 – point a – point i a (new)
Annex I – row 6 – Section V – column 2 – point A – point 1 – point a – point i a (new)
(ia) it shall be made available in accessible web format and electronic non- web document format by making it perceivable, understandable and operable;
Amendment 500 #
2015/0278(COD)
Proposal for a directive
Annex I – row 7 – Section VI – column 2 – point A – point 1 – point b – point i a (new)
Annex I – row 7 – Section VI – column 2 – point A – point 1 – point b – point i a (new)
(ia) it shall be made available in accessible web format and electronic non- web document by making it perceivable and operable.
Amendment 501 #
2015/0278(COD)
Proposal for a directive
Annex I – row 7 – Section VI – column 2 – point A – point 1 – point c
Annex I – row 7 – Section VI – column 2 – point A – point 1 – point c
(c) making websites, mobile-based services, including mobile applications, and online applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative;, and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 501 #
2015/0278(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex II to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any disproportionate burden for micro, small and medium-sized enterprises. It shall be translated into the language or languages required by the Member State in the market of which the product is placed or made available.
Amendment 502 #
2015/0278(COD)
Proposal for a directive
Annex I – row 7 – Section VI – column 2 – point B – title
Annex I – row 7 – Section VI – column 2 – point B – title
B. Websites and mobile applications used for provision of banking services:
Amendment 503 #
2015/0278(COD)
Proposal for a directive
Annex I – row 7 – Section VI – column 2 – point B – point a
Annex I – row 7 – Section VI – column 2 – point B – point a
(a) making websites and mobile applications accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 505 #
2015/0278(COD)
Proposal for a directive
Article 16
Article 16
Amendment 506 #
2015/0278(COD)
Proposal for a directive
Annex I – row 8 – Section VII – column 2 – point A – point 1 – point b – point i a (new)
Annex I – row 8 – Section VII – column 2 – point A – point 1 – point b – point i a (new)
(ia) it shall be made available in accessible web format and electronic non- web document format by making it perceivable and operable;
Amendment 511 #
2015/0278(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Procedure for dealing with products presenting a risk related to accessibilityfailing to fulfil the conformity requirements at national level
Amendment 514 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that a product covered by this Directive presents a risk related to accessibility aspects covered by this Directivesufficient reason to believe that a product covered by this Directive does not fulfil the conformity requirements, they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this Directive. The relevant economic operators shall fully cooperate with the market surveillance authorities.
Amendment 519 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 3
Article 19 – paragraph 1 – subparagraph 3
Amendment 520 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets, toensure that the product is brought into compliance withdraw the product from that market or to recall itaccessibility requirements set out by this Directive. The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
Amendment 522 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 5 – introductory part
Article 19 – paragraph 5 – introductory part
5. The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the alleged non-compliance and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non- compliance is due to any of the following:
Amendment 533 #
2015/0278(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant product is withdrawn from their marketbrought into compliance, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.
Amendment 577 #
2015/0278(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission’s report shall take into account the viewpoints of the economic stakeholders and relevant non- governmental organisations, including organisations of persons with disabilities and those representing older persons.
Amendment 697 #
Amendment 38 #
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. However, other Member States within the EU are also experiencing large increases in the number asylum seekers received.
Amendment 53 #
2015/0125(NLE)
Proposal for a decision
Recital 12
Recital 12
(12) Due to the on-going instability and conflicts in the immediate neighbourhood of Italy and Greece, it is very likely that a significant and increased pressure will continue to be put on their migration and asylum systems, with a significant part of the migrants who may be in need of international protection. This demonstrates the critical need to show solidarity towards Italy and Greece and to complement the actions taken so far to support them with provisional measures in the area of international protection.
Amendment 61 #
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.
Amendment 77 #
2015/0125(NLE)
Proposal for a decision
Recital 20
Recital 20
(20) In line with the Annex to the Communication from the Commission on the European Agenda on Migration , the proposed distribution key should be based on a) the size of the population (40% weighting), b) the total of the GDP (40% weighting), c) the average number of spontaneous asylum applications and the number of resettled refugees, including by use of national humanitarian visas, per one million inhabitants over the period 2010- 2014 (10% weighting)5 and d) the unemployment rate (10%, with a weighting of minimum 25% for c). The distribution keys set out in Annex I and Annex II of this Decision take into account the fact that the Member States from which relocation will take place should not themselves contribute as a Member State of relocation.
Amendment 82 #
2015/0125(NLE)
Proposal for a decision
Recital 24
Recital 24
(24) National security and public order should be taken into consideration throughout the relocation procedure, until the transfer of the applicant is implemented.
Amendment 108 #
2015/0125(NLE)
Proposal for a decision
Recital 30
Recital 30
(30) Measures should be taken in order to avoid secondary movements of relocated persons from the Member State of relocation to other Member States. In particular, applicants should be informed of the consequences of onward movement within the Member States and of the fact that, if the Member State of relocation grants them international protection, in principle, they are only entitled to the rights attached to international protection in that Member State.
Amendment 110 #
2015/0125(NLE)
Proposal for a decision
Recital 31
Recital 31
(31) Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Union level, tThe 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 Decision does not go beyond what is necessary in order to achieve that objective.
Amendment 114 #
2015/0125(NLE)
Proposal for a decision
Article 2 – point b
Article 2 – point b
(b) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken; of Article 2 (i) of Directive 2011/95/EU.
Amendment 119 #
2015/0125(NLE)
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The purpose of this Directive shall be dependent upon Italy and Greece fulfilling its obligations to implement effective processing of those seeking international protection, carrying out swift and effective returns operations, and ensuring detention condition are in line with EU fundamental rights and EU law.
Amendment 139 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Applicants whose fingerprints are required to be taken and transmitted 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.
Amendment 142 #
2015/0125(NLE)
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that family members as already defined under existing EU law, who fall within the scope of this Decision are relocated to the territory of the same Member State.
Amendment 143 #
2015/0125(NLE)
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When the decision to relocate an applicant has been taken and before the actual relocation, Italy and Greece shall notify the person concerned of the decision to relocate him in writing. That decision shall specify the Member State of relocation. The Member States are not obliged to seek the consent of the applicant with regard to their place of relocation.
Amendment 144 #
2015/0125(NLE)
Proposal for a decision
Article 6 – paragraph 5
Article 6 – paragraph 5
5. An applicant or beneficiary of international protection who enters the territory of another Member State than the Member State of relocation without fulfilling the conditions for stay in that other Member State shall be required to go back immediately and taken back by the Member State of relocation, pursuant to the rules laid down in Regulation (EU) No 604/2013 and Directive 2008/115/EC of the European Parliament and of the Council1 respectively. Applicants who have been granted international protection in a Member State as a consequence of a failed Dublin transfer should also be counted as part of the overall relocation number applicable to that individual Member State. 1 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p.98).
Amendment 147 #
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 to 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 in order to ensure the lawful and good functioning of their national asylum system:
Amendment 155 #
2015/0125(NLE)
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission may decide to suspend this Decision with regard to that Member State for a period of up to three months. The Commission may decide once to extend such suspension for a further period of up to three monthsas many times as is necessary.
Amendment 160 #
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 of this Decision, including on the roadmaps referred to in Article 8, every threewo months.
Amendment 22 #
2014/2256(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled,
Amendment 8 #
2014/2254(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities, which was ratified by the EU on 23 December 2010;
Amendment 17 #
2014/2252(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the principle of subsidiarity must always be the starting point for all policy formulation;
Amendment 29 #
2014/2252(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the eventual withdrawal of this proposal by the Commission demonstrates the difficulty of finding common ground at EU level as to how best to deal with industrial conflict in situations involving businesses and workers in different Member States; Calls in this respect on the need for greater consideration for the principle of subsidiarity;
Amendment 37 #
2014/2252(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the opinions of national, and were applicable regional parliaments should be reviewed, in particular by introducing a red card procedure allowing proposals to be rejected on grounds of lack of conformity with subsidiarity;
Amendment 891 #
2014/2248(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Reiterates its commitment to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;
Amendment 901 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a single seat for the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the seats of all the other EU institutions, agencies and bodies be determined by Parliament and the Council on a proposal by the European executive, acting in accordance with a special legislative procedure;
Amendment 37 #
2014/2247(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Emphasises that cohesion policy is an important tool for generating smart and sustainable growth in regions that need it most by supporting the start-up and development of micro-small and medium sized enterprises;
Amendment 59 #
2014/2247(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that cohesion policy has the potential to add value to the work already under way in Member States and that by focusing on improving employment opportunities and investing in skills particularly in those regions that need it most, cohesion policy will, among other benefits, result in greater social inclusion and poverty reduction;
Amendment 63 #
2014/2247(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that further moves towards results-based policy making would improve the efficiency and effectiveness of cohesion policy and contribute considerably towards smart, sustainable growth;
Amendment 66 #
2014/2247(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Believes that cohesion policy must allow appropriate flexibility to enable Member States implement individualised support in line with local needs, to ensure funding is used in the areas where unemployment is highest and most needed;
Amendment 2 #
2014/2208(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Strongly condemns the withdrawal of the circular economy legislative package, the proviBelieves that investing in a circular economy should be fully compatible with the Commission's of which would have contributed to creating up to 180 000 jobs in the EU waste management sector alonejobs, growth and competitiveness agenda and has the potential to create a win-win situation for all stakeholders involved; possibly creating up to 180 000 jobs in the EU waste management sector alone, according to the Impact Assessment of the Commission; looking forward to the new and more ambitious Commission proposal to come forward before the end of 2015;
Amendment 6 #
2014/2208(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that in order to move the circular economy forward, a paradigm shift is needed so that resources are not wasted; this requires a mix of approaches which respects the principle of subsidiarity at various policy levels: - business models should be conceived so that there is an incentive to close material and product loops, - products must be designed so that they last long, can easily be repaired and their components can easily be reused or recycled, - logistics must be organised so that products that are no longer used are easily and efficiently returned to start a new life cycle in the philosophy of the circular economy, - waste is regarded as a resource;
Amendment 7 #
2014/2208(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that although European waste legislation has already been in place for several years, there is still no level playing field in the European market. Stresses in this regard that the creation of a true European single market for waste and recycled products is a basis for a fully functioning European Circular Economy. To attain this the Commission and the competent authorities in the Member States must work jointly in order to remove all regulatory obstacles at all levels, to improve and strengthen implementation and to enable the free flow of these products;
Amendment 10 #
2014/2208(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 21 #
2014/2208(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. In order to maximise on net job potential of the circular economy, believes it is crucial to provide the right opportunities to acquire the new skills needed for the circular economy;
Amendment 38 #
2014/2208(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for measures that will improve the quality of information, advice and guidance available on careers and the skills needed to capitalise on employment opportunities provided by the circular economy;
Amendment 41 #
2014/2208(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that making the transition to a circular economy will require a paradigm shift and a pressing need for new skills, not just within the STEM (Science, Technology, Engineering, Maths) subjects, but across all relevant disciplines;
Amendment 44 #
2014/2208(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that, in a transition towards a circular economy, internal transformation and redefinition of jobs may affect sectors with a high share of emissions; calls, in consequence, on the Member States and the EU to put in place all the necessary measureppropriate measures to, for example, use exisitng EU funds to supportskill and re-train affected workers;
Amendment 54 #
2014/2208(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to put in place a regulatory environment and fiscalstable, predictable and facilitating legal framework and incentives that encourage the development of a circular economy, such as reducing or lifting taxation on renewable resources, including labour, and differentiating VAT rates in accordance with the waste hierarchy.;
Amendment 58 #
2014/2208(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need to avoid disproportionate administrative requirements for all businesses, particularly SMEs and micro-enterprises, and the need for the right regulatory environment to maximise on the job creation potential of the circular economy.
Amendment 48 #
2014/2078(DEC)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33c. Stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as stated by the Parliament in several previous resolutions;
Amendment 78 #
2014/0408(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to ensure sufficient protection of children who are not always able to understand the content of interviews to which they are subject, to avoid any challenge of the content of an interview and thereby undue repetition of questioning, questioning of children should where necessary, proportionate, and possible, be audio-visually recorded. This does not include questioning necessary to identify the child.
Amendment 82 #
2014/0408(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Children are in a particularly vulnerable position in relation to detention. Special efforts should be undertaken to avoid deprivation of liberty of children given the inherent risks for their physical, mental and social development. The competent authorities should consider alternative measures and impose such measures whenever this is in the best interests of the child and where suitable given the nature of the crime, and the threat to both the public and the child’s safety. This may include the obligation to report to a competent authority, a restriction on contact with specific persons, a requirement to undergo therapeutic treatment or treatment for addiction and participation in educational measures.
Amendment 97 #
2014/0408(COD)
Proposal for a directive
Recital 35
Recital 35
(35) This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by this Directive, the Charter of Fundamental Rights of the European Union or the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted in the case law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 98 #
2014/0408(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Since the objectives of this Directive, namely setting common minimum standards across the European Union on procedural safeguards for children suspected or accused in criminal proceedings, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale of the measure, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve these objectives.
Amendment 108 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) their right to have the holders of parental responsibility and legal guardians informed as provided for in Article 5;
Amendment 109 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
(7) their right that the holders of parental responsibility and legal guardians to have access to the court hearings, as provided for in Article 15;
Amendment 115 #
2014/0408(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that the holder of parental responsibility or legal guardians of the child or, where that would be contrary to the best interests of the child, another appropriate adult, is provided with the information that the child receives in accordance with Article 4.
Amendment 125 #
2014/0408(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For that purpose children shall be individually assessed. The assessment shall take particular account of the personality and maturity of the child and their economic and social backgroundindividual circumstances.
Amendment 136 #
2014/0408(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In case of deprivation of liberty of a child, Member States shall ensure that the child has access to a medical examination with a view, in particular, to assessing the general mental and physical condition of the child with the aim to determine the capacity of the child to face questioning or other investigative or evidence gathering acts or any measures taken or envisaged againstand medical care in order to protect the welfare and health of the child.
Amendment 139 #
2014/0408(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that any questioning of children by police or other law enforcement or judicial authority carried out prior to the indictment is, where necessary and possible, audio- visually recorded, unless it is not proportionate taking into account the complexity of the case, the seriousness of the alleged offence and the potential penalty that can be incurred.
Amendment 144 #
2014/0408(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that children arthe deprivedation of liberty before their conviction only as a measure of last resortof a child is limited as greatly as possible, and for the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, as well as the risk to both the safety of the child, and the safety of the public.
Amendment 157 #
2014/0408(COD)
Proposal for a directive
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) Ensure that the special requirements of those children with physical, sensory, and learning disabilities are provided for.
Amendment 6 #
2014/0202(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The provisions of this Regulation should not negate the responsibilities of the first Member State where the application is lodged to be in charge of initially processing the application of the minor in question, and should not remove the obligations of the first Member State to be responsible for the welfare of the minor during his/her presence.
Amendment 7 #
2014/0202(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) This Regulation is intended to minimise the movement of minors across the Union; it is not intended to replace the requirements and obligations as set out in Regulation (EU) No 604/2013.
Amendment 111 #
2014/0094(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 122 #
2014/0094(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The issuing of visas at the external border should, in principle, remain exceptional. However, to allow Member States to promote short term tourism, they should be authorised to issue visas at the external border based on a temporary scheme and upon notification and publication of the organisational modalities of the scheme. Such schemes should be temporary in nature and the validity of the visa issued should be limited to the territory of the issuing Member State.
Amendment 128 #
2014/0094(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Member States should be present or represented for visa purposes in all third countries whose nationals are subject to visa requirements. Member States should aim at enlarging the consular coverage. Member States lacking their own consulate in a given third country or in a certain part of a given third country should therefore endeavour to conclude representation arrangements in order to avoid a disproportionate effort on the part of visa applicants to have access to consulates.
Amendment 132 #
2014/0094(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 150 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Amendment 166 #
2014/0094(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination or purpose of the visit(s) in terms of the length of stay, counted in days; or
Amendment 167 #
2014/0094(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 168 #
2014/0094(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) if a responsible Member State cannot be identified, the Member States where the applicant first resides during their stay should be responsible for the processing of the visa application.
Amendment 207 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(ba) documents providing proof of medical insurance;
Amendment 213 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Points (b), (c) and (d) of paragraph 1 does not apply to applicants who are VIS registered regular travellers and who have lawfully used the two previously obtained visas.
Amendment 218 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Close relatives of Union citizens referred to in Article 8(3) shall provide only documentary evidence proving the family relationship with the Union citizen, and that they visit or travel together with the Union citizen; and on a case by case basis based on sufficient grounds, further documents may be requested as referred to in Article 13 (1).
Amendment 220 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Family members of Union citizens as referred to in Article 3 of Directive 2004/38/EC shall provide only documentary evidence proving that they travel to accompany or join the Union citizen and the family relationship with the Union citizen as referred to in Article 2(2) or the other circumstances referred to in Article 3(2) of that Directive, and on a case by case basis based on sufficient grounds, further documents may be requested as referred to in Article 13 (1).
Amendment 223 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 236 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. TMember States may exempt the following categories shall pay nofrom visa fees:
Amendment 278 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Applications shall be decided on within 104 calendar days of the date of the lodging of an application which is admissible in accordance with Article 17.
Amendment 285 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Applications of close relatives of the Union citizens referred to in Article 8(3) and of family members of Union citizens as referred to in Article 3(1) of Directive 2004/38/EC shall be decided on within 510 calendar days of the date of the lodging of an application. That period may be extended up to a maximum of 10 calendar days in individual cases, notably when further scrutiny of the application is needed.
Amendment 313 #
2014/0094(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 315 #
2014/0094(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 344 #
2014/0094(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 413 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. EURES Partners designate one or more contact points, accessible for persons with disabilities, such as placement and recruitment offices, call centres, self- service tools and the like, where workers and employers can get support with clearance and/or access to support services in accordance with this Regulation. The contact points may also be based on staff exchange programmes, the detachment of liaison officers or involve common placement agencies.
Amendment 449 #
2014/0002(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall seek to develop one stop shop solutions for the communication with workers and employers on the common activities of the EURES network and those services and networks and take all appropriate steps to ensure that such one-stop-shops are accessible for persons with disabilities.
Amendment 460 #
2014/0002(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 (new)
Article 14 – paragraph 1 – subparagraph 1 (new)
The EURES portal shall be accessible, complying with the adopted European Standard EN 301549 on accessibility requirements for ICT.
Amendment 45 #
2013/0409(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 63 #
2013/0409(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Member States should be able to provide that the costs relating to provisional legal aid for suspects or accused persons deprived of liberty and costs relating to provisional legal aid for requested persons can be recovered from those persons if, in the subsequent assessment of the competent authority of whether they have a right to legal aid, they are found to not meet the criteria to benefit from legal aid under national law.
Amendment 67 #
2013/0409(COD)
Proposal for a directive
Recital 14
Recital 14
(14) To ensure that requested persons can effectively exercise their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State, iIn accordance with Directive 2013/48/EU, the issuing Member State should ensure that requested persons have access to legal aid for the purpose of the European arrest warrant proceedings in the executing Member State. This right may be subject to an assessment of the means of the requested person and/or whether it is in the interests of justice to provide legal aid, according to the applicable eligibility criteria in the issuing Member State in question.
Amendment 76 #
2013/0409(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 82 #
2013/0409(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by the Charter or the ECHR, as interpreted in the case-law of the Court of Justice and of the ECtHR.;
Amendment 142 #
2013/0409(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The issuing Member State shall ensure thatfully assess whether it is proportionate and in the interests of justice, for the requested persons, that are exerciseing their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State, according to Article 10 of Directive 2013/48/EU, have the right toto be eligible for legal aid in that Member State for the purpose of the European arrest warrant proceedings in the executing Member State.;
Amendment 150 #
2013/0409(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 154 #
2013/0409(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 67 #
2013/0407(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should apply to natural persons who are suspected or accused of having committed a criminal offence. It should apply at any stage of the proceedings, even before those persons are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence, until the conclusion of such proceedings.
Amendment 72 #
2013/0407(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive acknowledges the different needs and levels of protection of certain aspects of the right to be presumed innocent as regards natural persons and legal persons. Such protection as regards natural persons is reflected in abundant case law of the European Court of Human Rights. The Court of Justice of the European Union has, however, recognised that the rights flowing from the presumption of innocence do not accrue to legal persons in the same way as to natural persons.
Amendment 118 #
2013/0407(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 157 #
2013/0407(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Member States shall ensurmay provide that any presumption, which shifts the burden of proof to the suspects or accused persons, is of sufficient importance to justify overriding that principleboth reasonable and proportionate in light of the particular circumstances and is rebuttable.
Amendment 189 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Exercise of the right to remain silent shall not be used against a suspect or accused person ats a later stage in the proceedings and shall not be considered as a corroboration of factcorroboration of facts in a later stage of proceedings.
Amendment 222 #
2013/0407(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 121 #
2013/0157(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained in accordance with Protocol 26 the Treaty on the Functioning of the European Union, in particular arrangements under which a Member State assigns its port management competences and responsibilities in the execution of the public prerogatives to decentralised managing bodies that stay under its supervision.
Amendment 128 #
2013/0157(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with Protocol 26 of the Treaty on the Functioning of the European Union the provisions of this regulation should not affect in any way the competence of Member States to provide, commission and organise the activities or services mentioned in this regulation as non-economic services of general interest. Consequently Member States and public authorities should retain the power to organise those services or activities either as economic or as non- economic activities.
Amendment 185 #
2013/0157(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contractscontracts or agreements having as their object the right of such providers to exploit parts of the public domains or resources under private or public law. This type of contracts willcan be covered by the Directive ..../…...[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non- discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.
Amendment 237 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to the provision of the following categories of port services, when organised as economic activities, either inside the port area or on the waterway access to and from the ports.:
Amendment 269 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Member States may also apply this Regulation to other port services in which case they shall notify their Decision to the Commission.
Amendment 282 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
2 a. ‘competent authority’ means any public or private body which, on behalf of a regional or national level, is entitled to carry out under national law or regulations activities related to the organisation and management of port activities in a seaport, in conjunction with or alternatively to the managing body of the port;
Amendment 289 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 5
Article 2 – point 5
5. ‘managing body of the port’ means any public or private body which, whether or not in conjunction with other activities, has as its objectivepublic responsibility assigned under national law or instrumentregulations the administration and management of the port infrastructures, port traffic in the seaport in question, the coordination and, where appropriate, the carrying-out, organisation or control of the activities of the operators present in the seaport concerned, and the development of the seaport;
Amendment 298 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 8
Article 2 – point 8
8. ‘pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the waterborne vessel in the waterways access to the seaport or safe navigation within the port;
Amendment 306 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 13
Article 2 – point 13
13. ‘provider of port services’ means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services l, when organisted in Article 1(2)as economic activities;
Amendment 311 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 17
Article 2 – point 17
17. ‘towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the seaport or safe navigation within the seaport by providing assistance to the manoeuvring of the waterborne vessel;
Amendment 314 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 18
Article 2 – point 18
18. ‘waterway access to a port’ means a water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjordbody connecting the open sea with the seaport and/or the inland waterways.
Amendment 316 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 18 a (new)
Article 2 – point 18 a (new)
18a. General infrastructure: all access and defence infrastructure that provides sea or land access to port infrastructure, that benefits a wider region and that does not result in any specific advantage for one or more identifiable port users within a bigger group of port users.
Amendment 319 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 18 b (new)
Article 2 – point 18 b (new)
18b. Port infrastructure means the project related infrastructure and facilities commercially exploited by port users that generate a direct income for the port managing body including berths used for the mooring of ships (quay walls, jetties and floating pontoon ramps in tidal areas).
Amendment 321 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 18 c (new)
Article 2 – point 18 c (new)
18c. ‘port superstructure’ means the surface arrangements, buildings (warehouses, workshops, office buildings), as well as mobile and fixed equipment.
Amendment 485 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The managing body of the port or the competent authority itself, or a legally distinct entity over which it exercises a control similar to that exercised over its own departments, may provide a port service without any restrictions, provided that the provisions of article 4 of this Regulation apply equally to all operators providing the service concerned. In such cases, the provider of the port service shall be deemed, for the purpose of this Regulation, to constitute an internal operator. In the cases provided for in Article 6 (1) (b), the managing body of the port or the competent authority may decide either to provide a port service under public service obligations itself or to impose such obligations directly on a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose, including an agent (such as a pilot) employed or commissioned by the managing body of the port ofr this Regulatione competent authority.
Amendment 494 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The managing body of the port competent authority shall be considered asdeemed to be exercising a control ofver a legally distinct entity similar to that exercised to its own departments only if it exercises a decisive influence overn both theits own and the controlled legal entity’s strategic objectives and the significant decisions of the controlled legal entityrelating to the port service concerned.
Amendment 499 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. TheIn cases provided for in point (b) of Article 6(1), an internal operator shall be confinpermitted to perform the assigned port service only in the port(s) for which the assignment to provide the port service has been attributssigned to him and article 13 shall apply.
Amendment 504 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If, without prejudice to Article 8(3), a competent authority decides to apply paragraph 1 in all the seaports covered by this Regulation in a Member State, it shall inform the Commission.
Amendment 549 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself or dredging, it shall keep the accoany public funtds of each port service activityreceived fully transparent and separate from its other accounts of its otivities in ther activitiescounting system, in such a way that:
Amendment 561 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The managing body of the port shall make available to the Commission and the competent independent supervisory body, upon request,, or other entity that provides port services on its behalf, shall, in the event of a formal complaint and upon request, make available to the relevant national authority the information referred to in paragraphs 1 and 2 and any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation. The information shall be transmitted within two months from the date of the request.
Amendment 563 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Public funds, referred to in paragraph 1 and 3 made available to the managing body of the port in order to either partly or entirely finance general infrastructure or port infrastructure stay within the public remit, as long as these infrastructures are managed in a non-commercial way and do not favour one or more identifiable port users within a larger group.
Amendment 568 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 7 b (new)
Article 12 – paragraph 7 b (new)
7b. Public funds made available to the managing body of the port in order to either partly or entirely finance the superstructure fall outside the public remit as they are directly related to the benefit of the individual port user involved.
Amendment 587 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the nature, structure and the level of port infrastructure charges shall be deftermined in an autonomous way by the managing body of the port according to its ownaccording to national or individual ports policy and/or the individual port’s commercial economic strategy and investment plan reflecting competitive conditions of theand comply with competition reulevant market and in accordance with State aid rus, where applicables.
Amendment 596 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices related to frequentthe port’s economic strategy and the port’s spatial planning policy, related inter alia to certain categories of users, or in order to promote a more efficient use of the port infrastructure, short sea shipping or a high environmental performance, energy efficiency or carbon efficiency of transport operations. The criteria used for such a variation shall be relevant, objective, transparent and non-discriminatory and in due respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal terms.