1309 Amendments of Miltiadis KYRKOS
Amendment 20 #
2018/2150(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
- having regard to its resolution of 15 April 2015 on the centenary of the Armenian genocide,
Amendment 89 #
2018/2150(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Deplores the fact that the Venice Commission recommendations on the status of religious communities in Turkey have yet to be implemented; reiterates its call on Turkey to respect the importance of the Ecumenical Patriarchate for Orthodox Christians all over the world, to recognise its legal personality and the public use of the ecclesiastical title of the Ecumenical Patriarch; stresses the need to eliminate restrictions on the training, appointment and succession of clergy, to allow the reopening of the Halki Seminary and lift all obstacles for its proper functioning;
Amendment 173 #
2018/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States, taking all of the above into account and in accordance with the Negotiating Framework, to formally suspend the acces not to proceed to the official suspension of negotiations with Turkey; remains, however, committed to democratic dialogue with Turkey; asks the Commission to use, during the formal suspension of negotiations, all funds available under IPA II and the future IPA III to support, through a dedicated envelope directly managed by the EU, Turkey’s civil society, and to increase opportunities for people-to-people contacts, academic dialogue, access for Turkish students to European universities and media platforms for journalists, but to keep accession talks frozen as decided, until Turkey meets the EUs’ legal and institutional system, specially on democracy, human rights and the rule of law;
Amendment 257 #
2018/2150(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the important role played by Turkey in responding to the migration crisis resulting from the war in Syria; takes the view that Turkey’s population has shown great hospitality by offering shelter to more than 3 million Syrian refugees; calls on Turkey to implement fully and effectively the EU-Turkey Readmission Agreement and to relaunch without further delay the implementation of the bilateral readmission protocol with Greece; calls on the EU and its Member States to keep their promise regarding a large-scale resettlement, and to ensure adequate financial resources for the long- term support of Syrian refugees in Turkey;
Amendment 286 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Stresses that Turkey needs to commit itself unequivocally to good neighbourly relations, according to international agreements, including the UN Convention on the Law of the Sea, which is part of the EU acquis, the United Nations Charter and having recourse, if necessary, to the International Court of Justice; underlines that recognition of all Member States is a necessary component of the accession process;
Amendment 316 #
2018/2150(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Reiterates its regret that the casus belli threat declared by the Grand National Assembly of Turkey in 1995 against Greece has not yet been withdrawn and it is repeated occasionally by Turkish Officials;
Amendment 9 #
2018/2111(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that EU institutions should enhance efforts to ensure greater effectiveness of the electoral rights of Union citizens with the view to effectively tackle the problem of decreasing levels of voter turnout; highlights the fact that electoral laws in many Member States remain complex and urges the Commission to call on the Member States to actively uphold best practices which help citizens to vote in and stand for EU elections pursuant to Article 22(2) TFEU, including the publication of electoral laws one year before EU elections, the combating of fake news and any populist rhetoric, and the promotion of media pluralism;
Amendment 31 #
2018/2111(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that freedom of movement for workers is one of the founding principles of the EU; calls on Member States to fully and effectively implement Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems in order to ensure the portability of social security benefits (e.g. state pensions, health insurance, unemployment benefits and family benefits) and consequently reduce barriers to labour mobility
Amendment 48 #
2018/2111(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets the existing opt-outs from parts of the EU treaties by some Member States which undermine and generate de facto differences in citizens' rights that are intended to be equal under the EU Treaties
Amendment 57 #
2018/2111(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages Member States to give more space to political education on EU affairs, inter alia on EU citizens' rights, in their school curricula and to adapt teacher training accordingly
Amendment 61 #
2018/2111(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on Member States to better inform EU citizens as to their rights and duties, and to facilitate entitlement to these rights being respected equally both in their country of origin and in any other Member State
Amendment 63 #
2018/2111(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recalls Article 1 of the TEU which provides that decisions should be taken as openly and as closely as possible to the citizen; democratic and transparent decision-making at European level is indispensable to increase citizens' trust in the European project and the EU institutions; fully endorses the European Ombudsman's recommendations on the transparency of the Council legislative process
Amendment 81 #
2018/2103(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas Brexit negotiations are ongoing but already impact directly the lives of millions of European citizens, especially EU nationals’ resident in the UK and UK citizens living in the EU27; whereas safeguarding fundamental rights of people should be as equally important as other aspects in these negotiations;
Amendment 91 #
2018/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with concern that the 2017 FRA paper entitled ‘Challenges to women’s human rights in the EU’ confirms that women and girls experience persistent gender discrimination, sexist hate speech, and gender-based violence in the EU, which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas the report published in March 2014 by the European Union Agency for Fundamental Rights entitled ‘Violence against women: an EU- wide survey’ shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 96 #
2018/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls in this regard on EU Member States to consider six main areas of intervention to step up their commitment to safeguarding the dignity and rights of women and girls, as suggested in the FRA report : empowering equality bodies to deal with the entire range of issues that impacts on women’s rights, from gender equality to violence against women; improving safety online; promoting gender equality in education and life-long learning more effectively; introducing gender quotas as a bold step towards positive action; mainstreaming gender equality in the coordination of economic policies across the EU through the European Semester; improving data collection and dissemination of knowledge onin order to eradicate all forms of discrimination and violence against women and girls; Calls for gender equality strategy and its mainstreaming to become part of the European Semester;
Amendment 105 #
2018/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the signing of the EU’s accession to the Istanbul Convention on 13 June 2017, despite the limitation to only two mandates namely the first comprehensive legally binding instrument on preventing and combating violence against women and gender-based violence, including domestic violence, at international level; regrets that, to date, only 1920 Member States have ratified the Conventionit, to date and calls on the remaining Member States to do so without delay; recognises that when it comes to determining European standards for the protection of women against violence, the Istanbul Convention is the most important point of reference; calls on the Council to swiftly agree on the Code of Conduct, which will govern the implementation of the Convention by the EUurges Member States and the Council Presidency to speed up the EU ratification process;
Amendment 111 #
2018/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ExpStresses concern about the risk of misogyny in European societies and its that sexism and gender stereotypes, that have led to domination over and discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life; calls on Member States to address the key obstacles to gender equality in economic empowerment and political participation, including sexual harassment which hampers women’s full participation in the labour market; highlights the fact that gender stereotypes must be tackled from an early age to effectively address the under- representation of women in work, decision making and politics; calls on Member States to appropriately address this issue in school curriculaeducation at all levels and for all ages on equality between women and men, on non-stereotyped gender roles and on the respect for personal integrity is required to effectively address all forms of discrimination; calls on Member States to appropriately address this issue in school curricula; deplores that women still suffer from inequalities at work, such as lower participation rates in employment, the pay gap, the greater incidence of part-time employment, poorer pension entitlements, career segregation and poorer levels of progression; structural barriers to women’s economic empowerment are the result of multiple and intersecting forms of inequalities, stereotypes and discrimination in the private and public spheres;
Amendment 116 #
2018/2103(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly condemns all forms of violence against women (VAW) and therefore calls, once again, the Commission to propose a Directive that introduces common definitions and legal standards on criminalizing VAW with dissuasive sanctions for perpetrators, including measures to tackle effectively sexual harassment and violence in public spaces, at workplace, offline and online; calls on Member States to offer victims full support to report cases of violence against women safely and without fear of consequences, and to ensure appropriate training for professionals dealing with the victims; notes that cases of obstetric violence are more and more reported and that this issue should also be addressed by Member States, in full cooperation with adequate partners such as physicians’ and gynaecologists’ unions and organisations, hospitals and universities;
Amendment 121 #
2018/2103(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages EU Member States to take effective sSupports demonstrations that took place in several Member Stateps to respect and protect women’sin2017, following retrogressions related to sexual and reproductive health rights, including a range of civil, political, economic, social and cultural rights, including the rights to life, to health, to be free from torture and ill-treatment, to privacy, equality and non-discrimination; recand strong mediatisation of sexual harassment cases; strongly affirms that the denial of sexual and reproductive health and rights services, including safe and legal abortion, is a form of violence against women and girls; reiterates that women and girls must have control over their bodies and sexualities; calls on alls thate Member States have the obligation, under international human rights law, to provide all women with accessible, affordable, good quality sexual and reproductive healthcare and services; notes that this should include the elimination of laws, policies and practices that infringe upon these rights as well as the pto guarantee comprehensive sexuality education, ready access for women to family planning and the full range of reproductive and sexual health rights services, including modern contraception and safe and legal abortion; calls every Member State to refrain from adopting any legislative reform that would amount to a retrogression of already restrictive legislation on women’s access to safe and legal abortion; strongly reaffirms its support for women’s rights organisations, as they have revcention of the erosion of existingly been the target of legal protsecutions; ;
Amendment 151 #
2018/2103(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that public deliberation and debate are the lifeblood of a healthy and functioningvital to democracy and encourages, in this context, the EU and the Member States to take further steps to safeguards and protect freedom of speech and assembly as basic principles of democratic processes; strongly condemns in this regard the increasingany restrictions on freedom of assembly, which the authorities have enforced in some cases with violence against protesters; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies and calls on the Commission to take an active role in promoting these rights in line with international human rightsEU standards;
Amendment 166 #
2018/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that whistle- blowing is an essential element in investigative journalism and press freedom, and; denounces the threats, retaliations and condemnations that whistle-blowers still face in the EU; in this context, recalls its resolution of 24 October 2017 on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies3; points out that, according to the Communication from the Commission on Strengthening whistle-blowers protection at EU level in April 2018, only ten Member States have introduced comprehensive legislation to protect whistle-blowers; welcomes the Commission’s proposal for a horizontal Directive on the protection of persons reporting on breaches of Union law, and calls on co-legislators to swiftly pursue and end negotiations in that regard; __________________ 3 Texts adopted, P8_TA(2017)0402.
Amendment 170 #
2018/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s decision to establish a High Level Expert Group on fake news and online disinformation; expresses its concern about the potential threat the notion ofat fake news could pose to freedom of speech and expression and to the independence of the media, while underlining the negative effects that the spread of false news might have on the quality of political debate and on the well- informed participation of citizens in democratic society; stresses that political profiling, fake news and manipulation of the information may be used by parties and private or public entities inside and outside the EU, and may hinder EU and national democratic processes, such as the Facebook-Cambridge Analytica scandal; calls on the Commission and co- legislators to work on legislations that would prevent political profiling and manipulation of the information and that would guarantee data protection, transparency and cybersecurity;
Amendment 199 #
Amendment 228 #
2018/2103(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges EU Member States to address the complex phenomenon of radicalisation through a holistic, multidimensional approach going beyond security and law enforcement measures. For this, Member States should establish programmes that promote citizenship and the common values of freedom, tolerance and non-discrimination, in particular in educational settings
Amendment 231 #
2018/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CIs concerned by the increased levels of racial violence and hatred, such as Afrophobia, anti-Gypsyism, anti- Semitism, Islamophobia, or other forms of hatred based on intolerance whether expressed in the form of hate crimes, messages spread on social networks, protests or political propaganda, that have come to be seen as normal in some Member States; calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) 4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should put forward or review their national integration strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination; __________________ 4 OJ L 180, 19.7.2000, p. 22. OJ L 180, 19.7.2000, p. 22.
Amendment 258 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Condemns firmly the promotion and the practice of LGBTI conversion therapies and pathologisation of trans identities; urges all Member States to criminalise LGBTI conversion therapies and to adopt measures that respect and uphold the right to gender identity and gender expression; denounces the fact that several Member States keep imposing requirements on transgender people such as medical intervention in order to have the changed gender recognised and forced sterilisation as a condition for legal gender recognition; notes that such requirements are clearly human rights violations; calls on the Commission to provide guidance to Member States on the best models for legal gender recognition in Europe; calls on Member States to recognise change of gender and to provide access to quick, accessible and transparent legal gender recognition procedures without medical requirements such as surgery or sterilisation or psychiatric consent;
Amendment 263 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Condemns all forms of discrimination and violence based on sexual orientation and gender identity; calls on the European Commission to systematically monitor the correct transposition of the legislation on LGBTIQ rights
Amendment 265 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, currently implemented with the European Disability Strategy 2010-2020, to ensure equal opportunities, regarding: accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; underlines that, in its implementation report of the European Disability Strategy in February 2017, the Commission noted that although progress was made, particularly with the European Accessibility Act proposed in 2015, persons with disabilities are still disadvantaged and discriminated regarding employment, education and social inclusion; in that regard, stresses that the objectives of the Strategy remain, that accurate actions should be taken between 2017 and 2020 and that the European Parliament Resolution of 30 November 2017 recommended: compulsory requirements regarding accessibility in public space, minimum percentage for employment of persons with disabilities, guarantees for an inclusive education, including access to initiatives such as Erasmus +, and a particular attention for women and children with disabilities;
Amendment 266 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Encourages the EU and Members States to ensure they deliver on the commitments included in the European Pillar of Social Rights to protect children from poverty, provide access to affordable early childhood education and care of good quality without discrimination. They should also ensure the right of girls and boys from disadvantaged backgrounds to specific measures to enhance equal opportunities. The implementation of the Pillar requires concrete legislative proposals, action plans, budgetary allocation and monitoring systems in all areas that affect children and their families, such as employment, gender equality, and access to health services, education and affordable housing
Amendment 267 #
Amendment 268 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on EU Member States to fight against severe housing deprivation as a political priority and ensure that families with children, especially those living at risk of poverty, have priority access to social housing or are provided with adequate housing assistance. Relevant authorities should address homelessness and implement measures that include the prevention or delay of evictions of families with children, especially during winter. While doing so, Member States should make use of the various housing funding programmes that the EU offers.
Amendment 269 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Regrets multiple and intersectional discriminations faced by elderly people in an ageing European society; calls on all level of governments to better integrate this dimension when drafting and implementing policies, including in the implementation of the European Pillar of Social Rights;
Amendment 270 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Insists that the UK Withdrawal Agreement and any Future Relationship Agreement between the EU27 and the UK must comply with fundamental human rights obligations, specifically in relation to those EU nationals’ resident in the UK who may no longer have these rights protected by the CJEU; Calls for the fundamental rights of EU citizens who moved within the union under freedom of movement to have these rights upheld after Brexit; calls for guarantees to be included in any Future Relationship Agreement; demands legal protection ensuring these rights cannot be removed in the future;
Amendment 271 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on Member States to promote the right of all children to protection and care. The EU and its Member States should develop credible and effective non- custodial alternatives that would make it unnecessary to detain children during asylum procedures or for return purposes, regardless of whether they are in the EU alone or with their families.
Amendment 355 #
2018/2103(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on Member States to effectively ensure the right to asylum and to accept relocation of asylum seekers, as agreed in the Council’s decisions in September 2015; calls on the Council to swiftly move on with the Dublin Regulation reform, that it currently blocks, and that prevents the European Common Asylum System from working properly; Stresses that Commission should initiate and Member States should implement a combination of protection- related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 367 #
2018/2103(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned over the specific needs and vulnerabilities of asylum seekers from marginalised groups, such as LGBTI, and of women asylum seekers; calls upon Member States to ensure that the specific needs for safety and healthcare of both groups, and legal recognition of trans asylum seekers, are met;
Amendment 399 #
2018/2103(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on Member States to introduce specific safeguards to guarantee, if large-scale IT systems are to be made interoperable, that it should not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls on Member States to ensure that the implementation of interoperability aims at fulfilling a child protection objective, such as identifying missing children and assisting family reunification;
Amendment 403 #
2018/2103(INI)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Information society, data and data protection
Amendment 404 #
2018/2103(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Believes that the data protection authorities should ensure that all data controllers pay specific attention to children and older EU citizens to guarantee equal awareness of data protection and privacy rights, and to reduce the vulnerability caused by digital illiteracy
Amendment 35 #
2018/2092(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that the free movement of persons across internal borders is one of the main achievements of the EU; stresses that the operation and enlargement of the Schengen area should not be negatively impacted by shortcomings in other EU policies, such as the Common European Asylum System;
Amendment 44 #
2018/2092(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 а. Takes the view that the strengthening of the EU’s external borders, the introduction of systematic checks and the joint use of all the data bases were part of the measures put in place to protect the Schengen area;
Amendment 6 #
2018/2089(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the overwhelming majority of road accidents are due to human errorhuman error contributes to a majority of collisions and, as such, there is an imperative need to reduce the possibilities for such errors, while maintaining personal mobility;
Amendment 19 #
2018/2089(INI)
Motion for a resolution
Recital D
Recital D
D. whereas several countries around the world (e.g. the US, China and Japan) are moving rapidly towards making both connected and automated mobility available on the market; whereas Europe needs to respond much more proactively to the rapid developments in this sector and to encourage similar initiatives;, but recalls that automated vehicles should only be introduced to the market when they have been demonstrated to operate with a high level of safety for drivers, passengers and other vehicles on the road.
Amendment 33 #
2018/2089(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. acknowledges its potential for all autonomous private and public means of road, rail, waterborne and air transport.
Amendment 39 #
2018/2089(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the potential ofat automated mobility presents an important potential for many sectors, including and offers new business opportunities for start-ups, SMEs and the industry; as a whole, especially regarding the creation of new mobility services for users.
Amendment 66 #
2018/2089(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes, that providing legal certainty for the industry as regards conformity with existing key legislation with particular reference to ePrivacy and GDPR legislation;
Amendment 75 #
2018/2089(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that fully autonomous vehicles will be commercially available by 2030 and that appropriate regulatory frameworks ensuring their safe operation need to be in place as soon as possible in order to address the resulting changes;
Amendment 84 #
2018/2089(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines the importance of adopting the new General Safety Regulation for motor vehicles, given the short-term life-saving potential of mandatory installation of new vehicle safety technologies, which will furthermore also be used for the deployment of connected and automated vehicles in the future;
Amendment 103 #
2018/2089(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Argues that both passive and active safety features have an important role in reducing the number as well as severity of collisions, and that road collisions with autonomous vehicles will still occur, notably in mixed traffic conditions; underlines therefore the importance of stringent passive safety requirements for those vehicles to be maintained in order to protect vehicle occupants as well as other road users, especially those from more vulnerable groups.
Amendment 114 #
2018/2089(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Underlines that while the deployment of connected and automated mobility could bring substantial benefits, the technologies currently available on the market present vulnerabilities that could become serious threats for users, other vehicles or pedestrians; argues therefore that societal acceptance will only be achieved if autonomous vehicles can offer the highest safety and security standards, as well as more and better travel options, which are affordable and environmentally-friendly.
Amendment 156 #
2018/2089(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to create comprehensive rules for manufacturer, driver or operator responsibilities at every level of automation across all modes of transport; underlines that those responsibilities need to be clearly communicated through commercial labelling or other forms of communication; reminds that an equal access to in-vehicle data and resources for all parties is an essential condition for ensuring vehicle safety during the whole lifecycle of the vehicle through regular maintenance interventions.
Amendment 177 #
2018/2089(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses the need for real-life testing sites across the EU in order to thoroughly test and develop new technologies, but recalls that such public road tests should be strictly regulated, in order to ensure the safety of both the occupants of the test vehicle as well of the other road users; urges each of the Member States to designate, by 2020, urban and extra-urban areas where autonomous research vehicles can be tested in real-life traffic conditions, while safeguarding road safety in those areas;
Amendment 21 #
2018/2061(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on Turkey to take all necessary steps towards fulfilling all its contractual obligations in a full, effective and non discriminatory manner towards all Member States. In this respect, Turkey shall ensure the full, effective and non discriminatory implementation of the Visa Liberalization Road Map and also of the said Agreement towards all Member States;
Amendment 25 #
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 to the level of protection in EU law; In this respect, Turkey shall align its counter- terrorismlegislation and its personal data law legislation with EU acquis;
Amendment 52 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Insists that the Agreement shall provide for an effective dispute settlement mechanism with respect to its interpretation and the full, effective and non-discriminatory implementation of the provisions of the Agreement towards all MS, so as to ensure that the parties implement/observe mutually agreed rules. The Agreement should provide the possibility of unilateral partial or full suspension of the Agreement in the event of infringement of its provisions, including the full and effective implementation of the Agreement to all Member States;
Amendment 96 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Recalls that while protection of minorities is a part of the Copenhagen criteria, both for the candidate countries and for the Member States, there is no guarantee that candidate states stick to the commitments undertaken under the Copenhagen criteria once they became Member States; recalls that there is no standard for minority rights in Union policy nor a common understanding of who can be considered a member of a minority; notes that there is no definition of minorities in the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, nor in the Framework Convention for the Protection of National Minorities (FCNM); recommends that, with respect to the principles of subsidiarity, proportionality and non-discrimination, such a definition should be based on the definition, laid down in Council of Europe Parliamentary Assembly Recommendation 1201(1993) for an additional protocol on the rights of minorities to the European Convention on Human Rights, of a ‘national minority’ as a group of persons in a state who
Amendment 102 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
Amendment 104 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
Amendment 108 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
Amendment 110 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
Amendment 115 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 3
Paragraph 1 – indent 3
Amendment 117 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 4
Paragraph 1 – indent 4
Amendment 119 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 4
Paragraph 1 – indent 4
Amendment 123 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 5
Paragraph 1 – indent 5
Amendment 131 #
2018/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses that there is a need for a legislative proposal on minimum standards of protection of minorities in the EU, for improving the situation of minorities in all the Member States and to avoid double standards, while respecting the principle of subsidiarity and proportionality, and after carrying out a proper impact assessment; calls on the Commission and the Member States to ensure that their legal systems guarantee that persons belonging to a minority are not discriminated against, and to take and implement targeted protection measures based on relevant international standards;
Amendment 138 #
2018/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 149 #
2018/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to consider ratifying, and the European Union to consider accedeing to, the FCNM and the Language Charter and to respect the principles laid down in these documents; calls on the Member States and the Commission to refrain from acts that go against the principles laid down in these documents; notes that the Member States and the EU institutions shall refrain from adopting laws and administrative measures that weaken or derogate the rights of persons belonging to minorities;
Amendment 183 #
2018/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 206 #
2018/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to involve and support national minorities and their representatives in fostering knowledge and skills that are necessary in order to safeguard, sustainably manage and develop cultural heritage and that should be handed down to future generations; calls on the Member States and the Commission to establish and maintain concrete cultural funds for the representatives of regional and minority rights, both at horizontal and vertical levels;
Amendment 255 #
2018/2036(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 317 #
Amendment 320 #
2018/2036(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 40 #
2018/2023(INI)
Motion for a resolution
Recital J
Recital J
J. whereas according to Directive 2014/94/EU, alternative fuels still encompass fuels of fossil origin, thus contradicting the goal of decarbonisation and the phasing out of fossil fuels; however, in the shipping sector, LNG and CNG as transitory technologies may contribute to cleaner air especially around ports and along coastlines;
Amendment 73 #
2018/2023(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Suggests an annual evaluation of the Member States’ implementation status and broadening of the Directive’s scope to shift it from deployment along the TEN-T network to also covering urban and regional nodes and the infrastructure for public fleets; calls on the Commission to extend the CEF's scope in this regard and increase its funding;
Amendment 85 #
2018/2023(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. calls on the Commission to complement the climate related goals of Directive 2014/94/EC with additional clean air measures following the fitness check of the EU Ambient Air Quality Directives1a; _________________ 1a 2004/107/EC and 2008/50/EC
Amendment 90 #
2018/2023(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s effort to provide an additional EUR 800 million as start-up financing to support the uptake of alternative fuels infrastructure; doubts, however, that the leverage will be sufficient given the projected need for EUR 5.2 billion up to 2020 and an additional EUR 16-22 billion of overall investment up to 20253 ; _________________ 3urges the Commission to not only support the deployment but also the operating of such infrastrucutre during the unprofitable market uptake phase; _________________ 3 COM(2017)0652. COM(2017)0652.
Amendment 109 #
2018/2023(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to review their energy taxation frameworks in order to facilitate and incentivise the uptake of alternative fuels, including land side electric charging of ships that cannot compete with energy generation by dirty combustion engines on board which is exempted from taxation and to remove burdensome taxation on electricity used to generate alternative fuels, including power- to-gas as storage for intermittent renewable energies; calls on the Commission to include such an exemption for ports in the Energy Taxation Directive;
Amendment 117 #
2018/2023(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that progress regarding the deployment of alternative fuels infrastructure and the availability of alternatively powered vehicles is too slow, and calls on manufacturers to step up efforts in this regard; recognises the need for policies that stimulate the offer of alternatively fuelled light and heavy-duty vehicles, such as ambitious emissions standards in 2025 and 2030 for new light and heavy-duty vehicles, including strong incentives such as a bonus-malus system for zero and low emission vehicles;
Amendment 31 #
2018/2009(INI)
2a. Calls on the Commission to take the necessary steps to strongly encourage Member States to provide data on judicial activity in the area of combating money laundering;
Amendment 33 #
2018/2009(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Member States to cooperate with the Commission and to provide the data required to compile the Justice Scoreboard, in particular where combating money laundering is concerned;
Amendment 38 #
2018/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to gather more precise information on the way in which violations of the rule of law, including corruption, breaches of privacy, freedom of thought, conscience and religion, freedom of expression, assembly and association, discrimination and threats to the fundamental rights, are being dealt with;
Amendment 59 #
2018/2009(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to gather more information on access to justice and the duration of procedures for people in at-risk or minority groups, including LGBTI people.
Amendment 17 #
Amendment 447 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) cooperation with third countries in the areas covered by this Regulation;, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and/or transit for illegal immigration, as well as in the deployment of return operations and field visit
Amendment 728 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Without prejudice to Articles 9 and 67, Member States shall, at the request of the Agency, provide non national classified-non sensitive information as regards technical equipment, staff and to the extent possible, the financial resources available at national level to carry out border control. Member States shall also provide non national classified-non sensitive information on their contingency plans on border management at the Agency's request.
Amendment 738 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. The preliminary results of the vulnerability assessment shall be submitted to the Member States concerned. The Member States concerned may comment on that assessment.
Amendment 744 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
7. When necessary the executive director shall, in consultation with the Member State concerned, make a recommendation setting out the necessary measures to be taken by the Member State concerned, and thesufficient time limit within which such measures shall be implemented. The executive director shall invite the Member States concerned to take the necessary measures based on an action plan developed by the Member State in consultation with the executive director.
Amendment 831 #
2018/0330(COD)
Proposal for a regulation
Article 40 – paragraph 6
Article 40 – paragraph 6
6. The executive director together with the host Member State shall draw up and agree upon an operational plan as referred to in Article 39 (3) immediately and, in any event, no later than three working days from the date of the decision.
Amendment 75 #
2018/0250(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Ensuring internal security, which is a competence of the Member States, is a shared endeavour to which the EU institutions, relevant Union agencies and Member States should jointly contribute. In the period 2015 to 2020, the Commission, the Council of the European Union and the European Parliament have defined common priorities as set out in the European Agenda on Security of April 201510, which were reaffirmed by the Council in the renewed Internal Security Strategy of June 201511 and by the European Parliament in its Resolution of July 201512. That shared strategy aimed at providing the strategic framework for the work at Union level in the area of internal security, and defined the main priorities for action to ensure an effective Union response to security threats for the period 2015-2020, namely tacklpreventing and combatting terrorism and preventing radicalisation and violent extremism, intolerance and discrimination, disrupting organised crime and fighting cybercrime. __________________ 10 COM(2015) 185 final of 28 April 2015. COM(2015) 185 final of 28 April 2015. 11 Council Conclusions of 16 June 2015 on the renewed European Union Internal Security Strategy 2015-2020. 12 European Parliament resolution of 9 July 2015 on the European Agenda on Security (2015/2697(RSP)).
Amendment 93 #
2018/0250(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Fund should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights. human rights. In particular, this Regulation seeks to ensure full respect for fundamental rights and human dignity, the right to life, the prohibition of torture an inhuman or degrading treatment or punishment, the right to protection of personal data, the rights of the child and the right to have an effective remedy. It also seeks to promote the application of the principles of non- discrimination.
Amendment 99 #
2018/0250(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In line with the shared priorities identified at Union level to ensure a high level of security in the Union, the Fund will support actions aimed at addressing the main security threats and in particular tackling terrorism and radicalisviolent extremism, including radicalisation, intolerance and discrimination, serious and organised crime and cybercrime and assisting and protecting victims of crime. The Fund will ensure that the Union and its Member States are well equipped also to address evolving and emerging threats with a view to implementing a genuine security union. This should be pursued through financial assistance to support better information exchange, increase operational cooperation and improve national and collective capabilities.
Amendment 106 #
2018/0250(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) There is a need to maximise the impact of Union funding by mobilising, pooling and leveraging public and private financial resources. The Fund should promote and encourage the active and meaningful participation and involvement of civil society, including non- governmental organisations, as well as the industrial sector in the development and implementation of security policy, in particular cybersecurity, including where relevant with involvement of other relevant actors, Union agencies and other Union bodies, third countries and international organisations in relation to the objective of the Fund.
Amendment 112 #
2018/0250(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To contribute to the achievement of the objectives of the Fund, Member States should ensure that the priorities of their programmes address the specific objectives of the Fund, that the priorities chosen are in-line with the implementing measures as set out in Annex IIrticle 3a and that the allocation of resources between objectives ensures that the overall policy objective can be met.
Amendment 115 #
2018/0250(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Fund should be coherent with and complementary to other Union financial programmes in the field of security. Synergies will be sought ensured in particular with the Asylum and Migration Fund, the Integrated Border Management Fund consisting of the border management and visa instrument established by Regulation (EU) X and the customs control equipment instrument established by Regulation (EU) X as well as the other Cohesion Policy Funds covered by Regulation (EU) X [CPR], the security research part of the Horizon Europe programme established by Regulation (EU) X, the Rights and Values programme established by Regulation X, the Justice programme established by Regulation EU X, the Digital Europe programme established by Regulation EU X and the InvestEU programme established by Regulation EU X. Synergies should be sought in particular on security of infrastructure and public spaces, cybersecurity and the prevention of violent extremism, including radicalisation. Effective coordination mechanisms are essential to maximise the effective achievement of policy objectives, exploit economies of scale and avoid overlaps between actions.
Amendment 142 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘cybercrime’ means cyber- dependent crimes, that is to say crimes that can be committed only through the use of information and communications technology (ICT) devices and systems, where the devices and systems are either tools for committing the crime or the primary targets of the crime; and cyber- enabled crimes, that is to say traditional crimes, such as child sexual exploitation, which can be increased in scale or reach by the use of computers, computer networks or other forms of ICT;
Amendment 146 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘EU Policy Cycle’ refers to an intelligence-led and multidisciplinary initiative with the aim to fight the most important serious and organised crime threats to the Union by encouraging cooperation between the Member States, the Union institutions, the agencies and where relevant third countries and specific international organisations;
Amendment 153 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘preparedness’ means anyspecific measures aimed at preventing or reducing risks linked to possible terrorist attacks or other security-related incidents;
Amendment 154 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to ensuring a high level of security in the Union, in particular by tackling terrorism and radicalisationpreventing and combatting terrorism, serious and organised crime and cybercrime and by, violent extremism, including radicalisation, intolerance and discrimination, and the assistingance and protectingon of victims of crime.
Amendment 165 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to support effort atthe necessary strengthening of the capabilities in relation to combatting and preventing crime, including terrorism, violent extremism, including radicalisation, in particular through increased cooperation between public authorities, and the civil society and private partners, within and across the Member States.
Amendment 172 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Within the specific objectives set out in paragraph 2, the Fund shall be implemented through the implementation measures listed in Annex IIrticle 3a.
Amendment 174 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Actions funded shall be implemented in full respect forcompliance of fundamental rights and human dignity. In particular, actions shall comply with and promote the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In particular, wherever possible, special attention shall be given by Member States when implementing actions to the assistance and protection of vulnerable persons, in particular children and unaccompanied minors.
Amendment 176 #
2018/0250(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 218 #
2018/0250(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Following the adoptiong of the financing decisionwork programme as referred to in paragraph 35, the Commission may amend the programmes implemented under shared management accordingly.
Amendment 223 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Each Member State and the Commission shall ensure that the priorities addressed in itsthe programmes are consistent with and respond to Union priorities and challenges in the area of security and are fully in line with the relevant Union acquis and agreed Union priorities. In defining these priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex IIrticle 3a are adequately addressed in the programme.
Amendment 297 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 2
Annex III – indent 2
– monitoring of the implementation of Union law and Union policy objectives in particular the data protection, privacy and data security provisions in the Member States in the area of security information systems;
Amendment 308 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 8
Annex III – indent 8
– cooperation with the private sector in the field of cybersecurity in order to build trust and improve coordination, contingency planning and the exchange and dissemination of information and best practices among public and private actors including in the protection of public spaces and critical infrastructure;
Amendment 312 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 1
Annex IV – indent 1
– Projects which aim to prevent and counter radicalisationviolent extremism, including radicalisation, intolerance and discrimination, in particular by addressing their root causes.
Amendment 397 #
2018/0248(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The contribution from the Union budget shall not exceed 785 % of the total eligible expenditure of a project.
Amendment 20 #
2018/0247(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The enlargement process is built on established criteria and fair and rigorous conditionality. Each beneficiary is assessed on the basis of its own merits. The assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in Annex I to pursue the necessary far-reaching reforms. For the prospect of enlargement to become a reality, a firm commitment to the principle of the 'fundamentals first'15 remains essential. Furthermore, good neighbourly relations and regional cooperation are also essential elements of the enlargement process. Progression towards accession depends on each applicant's respect for the Union's values and its capacity to undertake the necessary reforms to align its political, institutional, legal, administrative and economic systems with the rules, standards, policies and practices in the Union. _________________ 15 The 'fundamentals first' approach links rule of law and fundamental rights with the two other crucial areas of the accession process: economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform. Each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens.
Amendment 26 #
2018/0247(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Assistance should also be provided in compliance with the agreements concluded by the Union with the beneficiaries listed in Annex I. Assistance should mainly focus on assisting the beneficiaries listed in Annex I to strengthen democratic institutions and the rule of law, reform the judiciary and public administration, respect fundamental rights and promote gender equality, tolerance, social inclusion and non-discrimination. Assistance should also support the key principles and rights as defined in the European Pillar of Social Rights.17 Assistance should continue to support their efforts to advance regional, macro-regional and cross-border cooperation, including across maritime borders, as well as territorial development, including through implementation of Union macro-regional strategies. It should also good neighbourly relations, reconciliation and regional cooperation. It should also enhance their economic and social development and economic governance, underpinning a smart, sustainable and inclusive growth agenda, including through implementation of regional development, agriculture and rural development, social and employment policies and the development of the digital economy and society, also in line with the flagship initiative Digital Agenda for the Western Balkans. _________________ 17 European Pillar of Social Rights solemnly proclaimed by the European Parliament, the Council and the Commission at the Gothenburg Social Summit for Fair Jobs and Growth, Gothenburg 17 November 2017.
Amendment 48 #
2018/0247(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Strengthening the rule of law, including the fight against corruption and organised crime, prevent radicalisation and terrorism and good governance, including public administration reform, remain key challenges in most of the beneficiaries listed in Annex I and are essential in order for beneficiaries to come closer to the Union and later to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, financial assistance under this Regulation should address the requirements placed on the beneficiaries listed in Annex I as early as possible.
Amendment 87 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) To support territorial and cross- border cooperation, including across maritime borders.
Amendment 127 #
2018/0247(COD)
Proposal for a regulation
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
The following list of key performance indicators shall be used to help measure the Union’s contribution to the achievement of its specific objectives and the progress made by the beneficiaries:
Amendment 73 #
2018/0229(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) to scale up investments into the mitigation of climate change by reserving at least 35% of the financial envelope to the EUs climate objectives
Amendment 94 #
2018/0229(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) sustainable infrastructure policy window: comprises sustainable investment in the areas of transport, energy with a focus on renewable energy-sources and energy-efficiency, digital connectivity, supply and processing of raw materials, space, oceans and water, waste, nature and other environment infrastructure, equipment, mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the Union, or to both, or meet the environmental or social sustainability standards of the Union;
Amendment 106 #
2018/0229(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c a (new)
Article 7 – paragraph 3 – subparagraph 2 – point c a (new)
c a) estimate the positive effects as to achieve the EUs climate and energy targets as set out in the EU climate and energy efficiency strategies
Amendment 114 #
2018/0229(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Implementing partners shall target that at least 50 % of the investment under the sustainable infrastructure policy window contribute to meeting the Union objectives on climate and environment., as to meet the commitments under the United Nations Framework Convention on Climate Change COP 21
Amendment 141 #
2018/0229(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2 a (new)
Article 20 – paragraph 1 – subparagraph 2 a (new)
The Invest EU Advisory Hub shall provide advisory support at national, regional and local level to promote projects with a view of ensuring that social and environmental aspects are taken into regard throughout the project cycle. Such support shall include assistance to project development and capacity building.
Amendment 154 #
2018/0229(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
(a) expansion of the generation and promoting rapid deployment, supply or use of clean and sustainable renewable energy;
Amendment 172 #
2018/0229(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 6 – point a a (new)
Annex II – paragraph 1 – point 6 – point a a (new)
(a a) Protection of Privacy and Personal Data
Amendment 186 #
2018/0229(COD)
Proposal for a regulation
Annex III – point 7 – point 7.2 a (new)
Annex III – point 7 – point 7.2 a (new)
7.2 a Support to highly qualified workforce: number of employees supported to maintain highly skilled workforce in the manufacturing and services and adapt it to digitalisation
Amendment 79 #
2018/0228(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Programme should contribute to promote the territorial accessibility and connectivity of all regions of the Union, including remote, outermost, insular, peripheral and mountainous regions, as well as sparsely populated areas;
Amendment 148 #
2018/0228(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In some cases projects realised on the territory of one Member State have a substantial cross-border impact and create value which exceeds the national borders, by enhancing the cross-border connectivity on the seaside, or by enhancing the connectivity with the wider hinterland economy beyond the national borders. Projects demonstrating such impact should be considered as cross- border.
Amendment 346 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “alternative fuels” means alternative fuels for all modes of transport as defined in Article 2(1) of Directive 2014/94/EU;
Amendment 359 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) cross-border link, in the transport sector, means projects covering a cross- border section between Member States or a Member State and a neighbouring country, or a project carried out in one Member State that demonstrates a high cross- border impact by enhancing cross- border land-based or maritime traffic flows between two Member States or between a Member State and a neighbouring country;
Amendment 428 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart, sustainable, inclusive, safe and secure mobility; to strengthen territorial, social and economic cohesion and to promote the territorial accessibility and connectivity of all regions of the Union;
Amendment 605 #
2018/0228(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants and procurement. Itn the transport sector, in addition to dedicated grant Calls as the standard instrument, the programme may also provide financing in the form of financial instruments within blending operations through dedicated blending calls. Blending operations decided under this Programme shall be implemented in accordance with the InvestEU Regulation and Title X of the Financial Regulation.
Amendment 684 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point i i
Article 9 – paragraph 2 – point a – point i i
(ii) actions implementing land-based or maritime cross-border links of the comprehensive network in accordance with Chapter II of Regulation (EU) No 1315/2013, notably as concerns the land- based links the sections listed in Part III of the Annex to this Regulation;
Amendment 699 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point iii a (new)
Article 9 – paragraph 2 – point a – point iii a (new)
(iiia) Actions supporting the improvement of territorial connectivity and accessibility in all Regions of the Union, including remote, outermost, insular, peripheral and mountainous regions, as well as sparsely populated areas, including actions relating to the relevant urban node, maritime and inland ports and rail-road terminals;
Amendment 725 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point iv
Article 9 – paragraph 2 – point b – point iv
(iv) actions supporting new technologies and innovation, including automation, enhanced transport services, modal integration and, alternative fuels infrastructure for all modes of transport, in accordance with Article 33 of Regulation (EU) No 1315/2013, and the decarbonisation of the transport sector;
Amendment 749 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point viii
Article 9 – paragraph 2 – point b – point viii
(viii) actions improving transport infrastructure accessibility for all users, including for those with disabilities, in accordance with Article 37 of Regulation (EU) No 1315/2013;
Amendment 856 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) innovation, safety, interoperability and accessibility aspects while paying particular attention to projects explicitly supporting accessibility to everyone including persons with disabilities;
Amendment 866 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) Connectivity and territorial accessibility
Amendment 921 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for works relating to the specific objectives referred to in Article 3 (2) (a), the amount of Union financial assistance shall not exceed 30 % of the total eligible cost. The co-financing rates may be increased to a maximum of 50 % for actions relating to cross-border links under the conditions specified in point (c) of this paragraph, for actions supporting the Motorways of the Sea and maritime links, including actions supporting ports of the comprehensive network, for actions supporting telematic applications systems, for actions supporting new technologies and innovation, for actions supporting improvements of infrastructure safety in line with relevant Union legislation and for actions located in outermost regions;
Amendment 932 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for works relating to the specific objectives referred to in Article 3 (2) (a), the amount of Union financial assistance shall not exceed 30 % of the total eligible cost. The co-financing rates may be increased to a maximum of 50 % for actions relating to cross-border links involving any transport mode under the conditions specified in point (c) of this paragraph, for actions supporting telematic applications systems, for actions supporting new technologies and innovation, for actions supporting improvements of infrastructure safety in line with relevant Union legislation and for actions located in outermost regions;
Amendment 1105 #
2018/0228(COD)
Proposal for a regulation
Annex I – part III – point -1 (new)
Annex I – part III – point -1 (new)
-1. Horizontal priorities Motorways of the Sea
Amendment 70 #
2018/0207(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values must continue to be promoted andactively cultivated and promoted by the Union and each Member State in all their policies, both internally and externally, in a consistent way as well as enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and divisionsa growing menace of right-wing violent extremism, radicalism, divisions and a rise in neo-fascist violence, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149, (hereafter ‘the predecessor Programmes’). __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
Amendment 77 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation and fostering the rich diversity of European society, based on our common history and, memory and heritage. Article 11 of the Treaty of the European Union further specifies that the institutions shall, by appropriate means, maintain an open, transparent and regular dialogue with representative associations and civil society and give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 89 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations at the local, regional, national and transnational level in the areas covered by the programme will contribute to increase citizens’ awareness and active engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue, including inter-cultural dialogue, and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe.
Amendment 98 #
2018/0207(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Equality between women and men is a fundamental value and an objective of the European Union. Discrimination against and unequal treatment of women violates their fundamental rights and prevents their full political, social and economic participation in society. In addition, the existence of structural and cultural barriers hinders the achievement of real gender equality. Promoting gender equality, women’s empowerment and their active participation in all activities of the Union is therefore a core activity for the Union and a driver for a democratic, social and economic growth and should be supported by the programme.
Amendment 112 #
2018/0207(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society, on an equal basis with others. People with disabilities, including those with long- term physical, mental, intellectual or sensory impairments, are faced with barriers to, among other things, access the labour market, benefit from an inclusive and quality education, avoid poverty and social exclusion, enjoy access to cultural initiatives and media, or use their political rights. As a party to the United Nations Convention on the Rights of Persons with Disabilities (the UNCRPD), the Union and all its Member States have committed to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. The provisions of the UNCRPD have become an integral part of the Union legal order.
Amendment 116 #
2018/0207(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union’s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 18 April 2018, adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build the capacity of independent civil society organisations active in the promotion of human rights whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy and watchdog activities, as well as to promote, safeguard and raise awareness of the Union’s common values at local, regional, national and transnational level.
Amendment 140 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, or any other grounds and supporting comprehensive policies to promote gender equality and anti- discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance both online and offline;
Amendment 176 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) raising awareness raisingof Union values among citizens, notably young people, dissemination of information to improve the knowledge of the policies and rights in the areas covered by the Programme;
Amendment 178 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) mutual learning through exchange of good practices among stakeholders to improve knowledge and, mutual understanding and intercultural dialogue and civic and democratic engagement;
Amendment 183 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k
Annex I – paragraph 1 – point k
(k) enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting new or existing programme desks/national contact network.
Amendment 49 #
2018/0197(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Within the framework of sustainable urban development, it is considered necessary to support integrated territorial development in order to more effectively tackle the economic, environmental, climate, geographic, demographic and social challenges affecting urban areas, including functional urban areas, while taking into account the need to promote urban-rural linkages and linkages to remote island regions. The principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented, and the indicative amounts for those actions, should be set out in the programmes under the Investment for jobs and growth goal with a minimum target of 6% of the ERDF resources allocated at national level for that purpose. It should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes, including at the mid- term review.
Amendment 53 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c – point i
Article 2 – paragraph 1 – point c – point i
(i) enhancing digital connectivity with a special focus on the most disadvantaged and the remote island regions;
Amendment 66 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – point ii
Article 2 – paragraph 1 – point e – point ii
(ii) fostering the integrated social, economic and environmental local development, cultural heritage and security, including for rural and coastal, coastal and remote island areas also through community-led local development.
Amendment 16 #
2018/0162(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to maintain a high level of maritime safety and pollution prevention at sea, it is essential to improve the level of knowledge and skills of the Union seafarers by developing maritime training and certification in line with the international rules, as well as to take further action to enhance the European maritime skills base through the provision of advanced training and development opportunities for Union seafarers.
Amendment 36 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 4
Article 5 b – paragraph 4
4. Member States shall ensure that seafarers have the right to appeal against any refusal to endorse or accept a valid certificate, or the absence of any response, in accordance with national legislation and procedures and that seafarers shall be provided with adequate advice and assistance free of charge regarding such appeals.
Amendment 47 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2008/106/EC
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
A Member State which intends to recognise, by endorsement, the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master, officer or radio operator, for service on ships flying its flag, shall, following consultations with appropriate social partners in that Member State, submit a request to the Commission for the recognition of that third country, accompanied by a preliminary analysis of the third country's compliance with the requirements of the STCW Convention by collecting the information referred to in Annex II, including an. In addition to the preliminary analysis on compliance, the Member State shall submit a reasoned estimation of the number of masters and, officers and radio operators from that country likely to be employed, together with information on the results of social partner consultations.
Amendment 13 #
2018/0145(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Pursuant to the framework of Directive 96/53/EC of the European Parliament and of the Council, enabling vehicles to have a new cab profile would contribute to improving road safety by reducing blind spots in the driver's vision, and ought to help to save the lives of many vulnerable road users such as pedestrians or cyclists. Once improved safety requirements for longer cabs have been developed, consideration should be given to whether it is appropriate to apply them to vehicles which do not benefit from the length extension;
Amendment 22 #
2018/0145(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The type-approval requirements concerning safety shall be tested and ensured in the light of the specific performance standards with which all vehicles are to comply, regardless of vehicle segment.
Amendment 34 #
2018/0145(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In order to ensure compliance with this Regulation, Member States should take all necessary actions to ensure that the provisions on corrective measures and penalties laid down in Regulation (EU) 2018/858 are implemented.
Amendment 133 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. Without prejudice to Regulation (EU) No 2016/679 of the European Parliament and the Council, any processing of personal data through the event (accident) data recorder referred to in Article 7(5) shall comply with the personal data protection rules provided for in that Regulation.
Amendment 37 #
2018/0139(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Existing reporting channels and services providers should be maintained in case additional data requests arise in extraordinary circumstances. This flexibility should be allowed not only to Member States, but also to relevant competent authorities, as they are responsible for assessing the risks involved in clearing the ship, its cargo, its passengers and its crew, if any on board.
Amendment 50 #
2018/0139(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In order to improve the quality and efficiency of a detailed data set in the information flows, both data elements and definitions need to be aligned. In this respect, the Commission should support the development of an IMO independent data reference model and consider adopting it.
Amendment 65 #
2018/0139(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 101 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) the provision of an online support website helpdesk and an online user-friendly support website with clear instructions.
Amendment 102 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d a (new)
Article 5 – paragraph 3 – point d a (new)
(d a) the provision of a user-friendly graphical user interface for the exchange of data.
Amendment 103 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d b (new)
Article 5 – paragraph 3 – point d b (new)
(d b) in consultation with relevant social partners, the provision of adequate and necessary training for all staff involved in the implementation and operation of the National Single Window.
Amendment 52 #
2018/0138(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Given that too often Member States’ national infrastructure plans are decided without reference to the TEN-T objectives, and therefore without taking into account the deadlines to be met as set out in the Regulation (EU) No 1315/2013, good coordination between the national and the Union level of planning and compliance with the deadlines set out in this regulation should be taken into account when projects are evaluated in terms of the project selection maturity criteria, established by the Connecting Europe Facility.
Amendment 70 #
2018/0138(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “comprehensive decision” means the decision or set of decisions taken by a Member Statethe competent authorityies orf authorities Member State not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure;
Amendment 90 #
2018/0138(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. To ensure efficient administrative procedures related to projects of common interest, project promoters and all authorities concerned shall ensure that the most rapid treatment legally possible is given to these projects, including as regards the evaluation of the project selection maturity criteria and the resources allocated.
Amendment 95 #
2018/0138(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In order to meet the time limits set out in Article 6 and reduce the administrative burden related to the completion of projects of common interest, all the administrative procedures resulting from the applicable law, both national and of the Unionincluding the relevant environmental assessments, both at national and Union level, shall be integrated and result in only one comprehensive decision.
Amendment 100 #
2018/0138(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. IWithout prejudice to the deadlines set out in Article 6 of this regulation, in the case of projects of common interest for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Directive 2011/92/EU of the European Parliament and of the Council and other Union law, Member States shall ensure that joint procedures within the meaning of Article 2(3) of Directive 2011/92/EU are provided for.
Amendment 126 #
2018/0138(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
The comprehensive decision issued by the single competent authority shall be the sole legally binding decision resulting from the statutory permit granting procedure. Without prejudice to the deadlines set out in Article 6 of this regulation, where other authorities are concerned by the project, they may give their opinion as input to the procedure, in accordance with national legislation. This opinion shall be taken into account by the single competent authority.
Amendment 148 #
2018/0138(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b – point i
Article 6 – paragraph 4 – point b – point i
(i) the decisions, assessments and opinions to be obtained;
Amendment 53 #
2018/0129(COD)
Proposal for a directive
Recital 1
Recital 1
(1) It is the strategic objective of the Union to halve the number of road deaths by 2020 compared to 2010 and to move close to zero fatalities by 2050 ("Vision Zero")13 . However, progress towards achieving these objectives has stalled in recent years. Significant and urgent efforts and measures are needed to save lives and to avoid serious injuries on European Roads. _________________ 13 Communication from the Commission "Towards a European road safety area: policy orientations on road safety 2011-2020" (COM(2010) 389 final)
Amendment 55 #
2018/0129(COD)
Proposal for a directive
Recital 2
Recital 2
(2) According to the Safe System approach, death and serious injury in road accidents is largely preventable. It should be a shared responsibility at all levels to ensure that road crashes do not lead to serious or fatal injuries. In particular, well- designed and properly maintained roads should reduce the probability of road traffic accidents, whilst "“forgiving"” roads (roads laid out in an intelligent way to ensure that driving errors do not immediately have serious consequences) should reduce the severity of accidents. Guidelines with precise technical characteristics for the provision and maintenance of “forgiving roadsides” building on the experience of all Member States should be developed by the Commission.
Amendment 59 #
2018/0129(COD)
Proposal for a directive
Recital 5
Recital 5
(5) A large proportion of road accidents occur on a small proportion of roads where traffic volumes and speeds are high and where there is a wide range of traffic travelling at different speeds. Therefore the limited extension of the scope of Directive 2008/96/EC to rural roads, to motorways and primary roads beyond the TEN-T network should contribute significantly to the improvement of road infrastructure safety across the Union and the same high level of safety to all road users.
Amendment 69 #
2018/0129(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Vulnerable road users accounted for 46% of road fatalities in the Union in 2016. Ensuring that the interests of these users are taken into account in all RISM procedures and the development of quality requirements for pedestrian and cycling infrastructure should therefore improve their safety on the road.
Amendment 71 #
2018/0129(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety, especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation. In particular, it is necessary to ensure that road markings and signs are visible under all circumstances and that they can be easily and reliably recognised by such vehicles and all road users.
Amendment 76 #
2018/0129(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) High-quality road signs and markings are crucial to support drivers as well as connected and automated vehicles; Minimum performance requirements for road markings and roads signs should be met to facilitate the roll-out of connected and automated mobility systems; a harmonised approach within the Union in accordance with the Vienna Convention on Road Signs and Signals of 1968 would be preferable.
Amendment 78 #
2018/0129(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Since the objective of this Directive, namely the establishment of procedures to ensure a consistently high level of road safety throughout the trans- European network and the network of rural roads, of motorways and primary roads across the Union cannot be sufficiently achieved by the Member States, but can rather, as improvement is necessary throughout the Union in order to ensure convergence towards higher standards of road infrastructure safety, 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 Directive does not go beyond what is necessary in order to achieve that objective. As a result of action at Union level, travel throughout the Union should become safer which in turn should improve the functioning of the internal market and support the objective of economic, social and territorial cohesion.
Amendment 85 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2008/96/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall apply to roads which are part of the trans-European network, to rural roads, motorways and to primary roads, whether they are at the design stage, under construction or in operation.
Amendment 109 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2008/96/EC
Article 4 – paragraph 6 (new)
Article 4 – paragraph 6 (new)
(2a) In Article 4 the following paragraph 6 is added: 6. The Commission shall set up guidelines with precise technical characteristics for the provision and maintenance of “forgiving roadsides” (roads laid out in an intelligent way to ensure that driving errors do not immediately have serious consequences) building on the experience of all Member States and promote them amongst auditors and transport planners. The Commission shall provide technical and financial assistance to support Member States in the implementation of the guidelines.
Amendment 112 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2008/96/EC
Article 4 – paragraph 6 b (new)
Article 4 – paragraph 6 b (new)
(2b) In Article 4 the following paragraph 7 is added: 6b. The Commission shall set up guidelines for applying progressively the concepts of “self-explaining” and “self enforcing roads” (roads that are designed for specific purpose or function, e.g. speed limits) in the procedures of road safety infrastructure management.
Amendment 119 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a network-wide road assessment is carried out on the entire road network in operation covered by this Directive. Network-wide road assessments shall comprise a visual inspection, an analysis ofdetailed examination taking into account traffic volumes and historic accident data and an assessment ofin order to classify crashes and impact severity risk. Member States shall ensure that the first assessment is carried out by 2025 at the latest. Subsequent network-wide road assessments shall be sufficiently frequent in order to ensure adequate safety levels and analysis related to accidents, but in any case shall be carried out at least every five years.
Amendment 126 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall inform road users of the existence of a high accident concentration sections by appropriate measures.
Amendment 127 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. The Commission may publish a European map of the road network within the scope of this Directive, accessible online, highlighting the three different categories as referred to in Article 5(3).
Amendment 128 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
5c. Member States may publish and make accessible to the public all the relevant documents, affecting the safety of the infrastructure, of concession provisions within the framework of public procurements.
Amendment 140 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2008/96/EC
Article 6 b – paragraph 1
Article 6 b – paragraph 1
Member States shall ensure that the needs of vulnerable road users are taken into account in the implementation of the procedures set out in Articles 3 to 6. The Commission shall develop quality requirements for pedestrian and cycling infrastructure.
Amendment 141 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 Directive 2008/96/EC
Article 1 – paragraph 1 – point 5 Directive 2008/96/EC
1a. Member States shall ensure that the needs of powered two wheelers (PTWs) are taken into account in the road design and maintenance.
Amendment 143 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
1. Member States shall ensure that road markings and road signs are properly designed, visible under all circumstances and maintained in such a way that they can be easily and reliably recognised by both human drivers and vehicles equipped with driver assistance systems or higher levels of automation.
Amendment 148 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2008/96/EC
Article 6 c – paragraph 2
Article 6 c – paragraph 2
2. The Commission shall develop generalminimum performance requirements to facilitate the recognition of road markings and road signs. For this purpose, the Commission shall adopt an implementing act in accordance with the procedure referred to in Article 13(2).
Amendment 156 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2008/96/EC
Article 10
Article 10
In order to improve the safety of Union roads, the Commission shall establish a system for the exchange of information and best practices between the Member States, covering, inter alia, existing road infrastructure safety projects and proven road safety technology. Facilitating the exchange of experience on Safe System methodologies between practitioner and the information exchange for road safety auditors should be encouraged.
Amendment 161 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2008/96/EC
Annex I – section 2 – point e
Annex I – section 2 – point e
(e) traffic (e.g. traffic volume, traffic categorisation by type), including estimated pedestrian and bicycle flows determined from adjacent land use attributes;
Amendment 164 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 2 – point n
Annex II – section 2 – point n
(n) provisions for vulnerable road users:separation of pedestrians and cyclists from high speed motor traffic or existence of direct alternative routes on lower class roads;
Amendment 165 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 1 – point n – point 1
Annex II – section 1 – point n – point 1
i) provisions for pedestriansdensity and location of crossings for pedestrians and cyclists across the new road,
Amendment 167 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 1 – point n – point ii
Annex II – section 1 – point n – point ii
ii) provisions for cyclists,pedestrians and cyclists on affected roads in the area.
Amendment 171 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 1 – point c
Annex II a – section 1 – point c
(c) self-explaining alignment (i.e. "readability" of the alignment by drivroad users);
Amendment 176 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 1 – point g
Annex II a – section 1 – point g
(g) existence of pedestrian and cycling crossings.
Amendment 181 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 6 – point b
Annex II a – section 6 – point b
(b) roadside hazards and distance from carriageway or cycle path edge;
Amendment 185 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 2 – point d
Annex III – section 2 – point d
(d) observed bicycle volumes on both sides, noting “along” or “crossing”;
Amendment 189 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point a
Annex III – section 9 – point a
(a) pedestrian and cycling crossings (surface crossings and grade separation);
Amendment 193 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – paragraph 9 – point d
Annex III – paragraph 9 – point d
(d) bicycle facilities (cycle lanes, cycle paths, other);
Amendment 198 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point f
Annex III – section 9 – point f
(f) pedestrian and cycling crossing facilityies on entry arm of minor road joining network.
Amendment 200 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point fa (new)
Annex III – section 9 – point fa (new)
(fa) existence of alternative routes for pedestrians and cyclists in case of no separated facilities.
Amendment 39 #
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, such as the transport sector. This sector is particularly affected by existing unfair and exploitative employment practices across all transport modes and the existence of legislative loopholes allow for cross-border wage and social dumping, a downgrading of terms and conditions for workers, poorer-quality services, and the distortion of fair competition. The authority should also enhance cooperation between Member States in tackling undeclared work, letter box companies, fraudulent postings and bogus self-employment. . 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 56 #
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. This shall also apply to workers from third countries who are not legally resident in the Union but are subject to postings of any duration to the EU.
Amendment 76 #
2018/0064(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Despite various previous initiatives, administrative cooperation at a national level remains limited and exchanges of information are sporadic and incomplete. 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.
Amendment 110 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) combat unfair competition, undeclared work, letterbox companies, fraudulent postings and promote the enforcement of equal pay for equal work;
Amendment 123 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) tackle cross-border wage and social dumping;
Amendment 160 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant informationcomprehensive information and advisory services on the rights and obligations of individuals in cross-border labour mobility situations;
Amendment 166 #
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, trade unions and workers on labour rules, and the living and working conditions applicable to workers in cross- border labour mobility situations, including posted workers;
Amendment 249 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority may carry out in- depth analyses and studies to investigate specific labour mobility issues if so requested by the Stakeholder Group.
Amendment 264 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role. Such a role shall not prevent the possibility of legal action at a national or European level in the future.
Amendment 58 #
2018/0012(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The ‘Green Ship’ concept should be further developed in relation to waste management, so that an effective reward system can be implemented for those vessels that reduce their waste on boarVoluntary application of reduced fees for vessels that demonstrate good waste management practices beyond the required standards which result in the generation of reduced quantities of waste, should be welcomed.
Amendment 78 #
2018/0012(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to take account of developments at international level, and to promote environmentally sound waste management practices on board, the power to adopt acts in accordance with article 290 TFEU should be delegated to the Commission in respect of amending this Directive to update the references to international instruments and the Annexes and to change references to international instruments, in order to prevent, if necessary, changCommission should encourage the exchange of good practises ton those international instruments from applying for the purposes of this Directive, and to develop common criteria for recognisinge development of bottom-up schemes which evaluate 'green ships' for the purpose of granting a reduced waste fee to those ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 97 #
2018/0012(COD)
Proposal for a directive
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘port’ means a place or a geographical area made up of such improvement works and equipment as to permit the reception of ships, including the anchorage area within the jurisdiction of the port;
Amendment 165 #
2018/0012(COD)
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
Amendment 194 #
2018/0012(COD)
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) in order to provide for a maximum incentive for the delivery of waste as defined in Annex V to the MARPOL Convention, including the waste that has been collected in nets during fishing operations, the indirect fee to be charged shall cover all the costs of port reception facilities for this waste, in order to ensure a right of delivery without any additional direct charges; The indirect fee shall cover quantities normally delivered with respect to the category, type and size of the ship;
Amendment 203 #
2018/0012(COD)
Proposal for a directive
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) The indirect fee of subparagraph (c) shall not cover hazardous waste ;
Amendment 216 #
2018/0012(COD)
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 221 #
2018/0012(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The fees shallmay be reduced if the ship’s design, equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste, and manages its waste in a sustainable and environmentally sound manner. The Commission shall be empowered by means of delegated acts in accordance with Article 19, to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on-board waste management.
Amendment 13 #
2017/2256(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in recent years several factors have impacted the functioning of the Schengen area; whereas these factors include a sign, in particular Member States having reintroduced and subsequently prolonged controls at internal borders since2014; whereas the reintroduction of internal border controls has had a domino effect throughout the Schengen area, leaving some Member States with great difficant numbers of asylum seekers and irregular migrants with related secondary movementsulties; whereas the reintroduction of controls at internal borders seems related to a perception of the numbers of persons seeking international protection and irregular migrants arriving rather than the actual number of those arriving; whereas otheser factors also include terrorism and a heightened threat to public policy and the internal security of the Member States; whereas several Member States have also reintroduced and subsequently prolonged controls at internal borders since 2014;
Amendment 34 #
2017/2256(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Schengen area is at a crossroads and requires decisive and joint actions to bring back the benefits it provides to the citizens; whereas it also requires mutual trust, cooperation and solidarity amongst Member states; whereas there should be no political discourse aiming at blaming Schengen;
Amendment 41 #
2017/2256(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
-3. Points out that the EU legislator has adopted a number of measures in the last three years which were designed to reinforce the integrity of the Schengen Area without internal border control. Notes that these measures include a Regulation to establish a revamped European Border and Coast Guard Agency, a revision of the Schengen Borders Code to provide for mandatory systematic checks on EU nationals crossing external Schengen Borders, and a new Entry-Exit system to record the entry and exit of all third-country nationals entering the Schengen area for a short stay;
Amendment 42 #
2017/2256(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
-2. Emphasises that the implementation of mandatory systematic checks on EU nationals crossing external Schengen Borders proved extremely difficult and resulted in disproportionate delays for the crossing of those external borders;
Amendment 43 #
2017/2256(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
-1. Notes with dismay that despite the number of measures adopted and currently on the table, internal border controls persist within the Schengen Area without internal border control in flagrant breach of the existing rules of the Schengen Borders Code; Suggests that mutual trust is not strengthened when Member States choose to ignore the rules which they, themselves, have agreed upon;
Amendment 44 #
2017/2256(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
0. Highlights that reintroducing border control at internal borders has proven much easier than removing those internal border controls once they have been reintroduced;
Amendment 84 #
2017/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the ongoing reform of the SIS and the establishment of other large- scale information systems,; as well as the objective of improving their interoperability while preserving the necessary safeguards, namely with regard to data protection and privacy;
Amendment 97 #
2017/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s efforts to elaborate thea clear European Integrated Border Management (IBM) concept on the basis ofstrategy at political level, before requiring Member States to develop their national IBM strategies, in line with the provisions in the European Border and Coast Guard Regulation;
Amendment 106 #
2017/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state of Schengen and the issues it has enpersistence of internal border counteredrols are not due, primarily, to problems in the structure and construction ofrules of the Schengen area itself but rather to the connecrelated fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and the control of the external borders; underlines, all the same, that the rules applied under the Schengen Acquis could always be optimised and made clearer to avoid legal uncertainty regarding measures introduced unilaterally by Member States;
Amendment 125 #
2017/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness; takes the view that many of somthe prolongations of controlsare not in line with the existing rules and are therefore unlawful; is also of the opinion that Member States have not taken the proper measures to ensure cooperation with other affected Member States to minimise the effects of these measures, nor have they provided enough information on the results of such controls, therefore hindering the analysis by the Commission and scrutiny by Parliament; considers the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens; recalls that Member States have other tools available, namely targeted police controls, as recommended by the Commission; iterates that the Union legislator has adopted many measures in the last three years to strengthen the external borders and external border control; underlines that there has been no corresponding reaction in terms of the removal of internal border controls; recalls that Member States have other tools available to them other that internal border control, including - as recommended by the Commission - targeted police controls provided that such controls do not have border control as an objective, are based on general police information or experience regarding possible threats to public security and aim, in particular, to combat cross-border crime, are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
Amendment 139 #
2017/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Appreciatcknowledges, as part of efforts to restore the normal functioning of Schengen, the proposal to amend the Schengen Borders Code; recalls that these changes should merely reflect the new challenges and diffuse threats to internal security and as regards the rules applicable to the temporary reintroduction of border controls at internal borders; emphasises the need to establish clear rules that provide adequate reassurance for Member States without rendering internal border control easier to reintroduce and without encouraging the reintroduction of internal border control for longer than is absolutely necessary; recalls that any changes should not be a further avenue for prolonging internal border controls; considers that these steps are to be made carefully in order not to inflict irreversible damage on the basic idea of free movement;
Amendment 145 #
2017/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses concern about the lack of implementation in some areas of the regulation governing certain fields of border control, such as the systematic consultation of databases during border checks and the thorough checking of the required entry conditions; notes that clear non-compliance in establishing National Coordination Centres in accordance with the European Border Surveillance System Regulation (EUROSUR) is prevalent in many Member States; Emphasises again that, in order for legislation on internal and external borders to be effective, it is essential that measures agreed at Union level are implemented properly by the Member States;
Amendment 150 #
2017/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that all the Member States, including those with no external land borders, should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing and expertise, establishing the necessary command and control structures and formulating up-to-date risk analyses in accordance with Regulation (EU) 2016/1624 for all tiers of command to facilitate effective operations;
Amendment 156 #
2017/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that cooperation at national level between different law enforcement services, the military, border guards and customs is often inadequate, resulting in fragmented situational awareness and low effectiveness; recalls that no amount of well-meaning measures at Union level can make up for a lack of internal cooperation between the relevant authorities of the Member States;
Amendment 223 #
2017/2256(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Regards the current state of implementation of the IBM Strategy as inadequate and requests that the Commission and the European Border and Coast Guard Agency support the Member States in their efforts to meet the requirements as stipulated in Regulation (EU) 2016/1624 and to start the IBM thematic evaluations in the Member States in due course; calls on the Member States to bring their border management in line with the IBM concept; stresses the need to ensure the full implementation of the IBM Strategy at the European and national levels and thus strengthen management of the external borders;
Amendment 229 #
2017/2256(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls the high priority given to the reform of the Common European Asylum System (CEAS) as part of the holistic approach to tackling the refugee and migratiohumanitarian crisis and of the Commission’s Agenda on Migration; calls on the Council to swiftly follow Parliament in adopting a mandate for negotiations on every proposal in this regard, particularly as regards the Dublin Regulation; highlights that the new European Agency for Asylum has still to be approved and urges the Council to unblock this file as a matter of urgency;
Amendment 234 #
2017/2256(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Insists on developing the Schengen evaluation mechanism together with the vulnerability assessment tool in a way that impreovents unforeseen relapses ins the overall management of the external borders, enhances the respect of the Schengen acquis and facilitates thorough scrutiny and transparency between Member States and institutions;
Amendment 23 #
2017/2209(INI)
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
- Having regards to the European Council Conclusionson security and defence on 22 June 2017;
Amendment 25 #
2017/2209(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the rights to freedom of expression and freedom of opinion are fundamental human rights and indispensable conditions for the full development of the person and their active participation in a democratic society, for the realisation of the principles of transparency and accountability and for the fulfilment of other human rights and fundamental freedoms;
Amendment 33 #
2017/2209(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media freedom, pluralism and independence are crucial components of the right to freedom of expression; whereas the media play an essential role in democratic society, by acting as public watchdogs, while contributing to citizens’ empowerment and their participation in democratic life; whereas the scope of such a role should be enlarged to encompass online and citizen journalism, as well as the work of bloggers, internet users, social media activists and human rights defenders, in order to reflect today’s profoundly changed media reality;
Amendment 37 #
2017/2209(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas fakenews, cyberbullying or revenge porn represent growing concerns for our societies especially among young people;
Amendment 46 #
2017/2209(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas journalists and other medias actors are still facing violence, threats, harassment or public shaming in the European Union mainly because of their investigative activities to protect public interest from the misuse of power, corruption, human rights violations or criminal activities;
Amendment 48 #
2017/2209(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas, according to the Council of Europe Platform to promote the protection of journalism and safety of journalists, more than half cases of abuses against media professionals are committed by state actors;
Amendment 86 #
2017/2209(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Member States to take adequate measures to safeguard and promote the fundamental right to freedom of expression and information and to safeguard and promote a pluralist, independent and free media landscape in the service of democratic society, including the independence and sustainability of public service media and community media, which are crucial elements of a favourable environment for freedom of expression;
Amendment 115 #
2017/2209(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to create and maintain, in law and in practice, a safe and secure environment for journalists and other media actors, enabling them to perform their work in full independence and without undue interference – such as the threat of violence, harassment, financial, economic and political pressure, pressure to disclose confidential sources and materials, and targeted surveillance; stresses the need to ensure the dispensation of justice in respect of the above acts, so as to avoid media self-censorship; highlights the importance of taking a gender-sensitive approach when considering measures to address the safety of journalists;
Amendment 147 #
2017/2209(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to check whether Member States are allocating broadcasting licences on the basis of objective, transparent, impartial and proportionate criteria;
Amendment 152 #
2017/2209(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that Protocol 29 to the Treaties recognises that the system of public broadcasting in the Member States is directly related to the democratic needs of each society and that it is therefore necessary to preserve media pluralism and objectivity;
Amendment 158 #
2017/2209(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Encourages the European Commission and Member States authorities to strengthen their efforts to build effective counter-narratives and other strategic communications tools to disrupt the process of radicalization towards extremist ideals;
Amendment 160 #
2017/2209(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Observes that an effective means of combating terrorism on the internet is to remove online contents constituting a public provocation to commit a terrorist offence. Encourages the Commission and Member States to cooperate with internet sector to prevent the misuse of social media for terrorist purposes by establishing tools to detect and flag illicit contents. Member States should provide clear guidelines to ensure an adequate level of legal certainty and predictability for users and service providers and the possibility of judicial redress in accordance with national law;
Amendment 178 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Welcomes the European Commission decision to establish a High Level Expert Group on fake news and online disinformation composed by representatives of the civil society, social media platforms, news media organisations, journalists and academia in order to analyse these emerging threats and propose operative measures to be taken both at European and national level;
Amendment 188 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls on the European Commission to provide social media platforms with precise definitions of fake news and disinformation in order to reduce the margin of discretion left to the private sector actors;
Amendment 189 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Encourages social media companies to develop tools to enable users to flag potential fake news for review by certified third party fact checking organisations;
Amendment 190 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Reiterates that cyberbullying and revenge porn are a growing concern in our societies and can have extremely serious impacts especially among young people and children. Encourages all Member States to set up forward looking legislation to address this phenomenon including provisions for removal from social media of contents harmful for human dignity within well-defined deadlines;
Amendment 204 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Encourages both the European Commission and Member States to adopt measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 221 #
2017/2209(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to monitor and collect information and statistics about media freedom and pluralism within all Member States and to closely analyse cases of infringement of the fundamental rights of journalists while respecting the principle of subsidiarity;
Amendment 78 #
2017/2131(INL)
Motion for a resolution
Annex I – point 17 a (new)
Annex I – point 17 a (new)
(17a) The International Bar Association’s Human Rights Institute (IBAHRI) expresses in its Report 2015 deep concern that, following the significant legislative reform implemented during Hungary’s incumbent government’s first term in office, the independence and impartiality of the Hungarian judiciary can’t be guaranteed and the rule of law guarantees remain weakened.
Amendment 99 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 c (new)
Annex I – point 20 c (new)
(20c) Several indicators signal high levels of misconduct regarding EU funds. The share of contracts awarded after public procurement procedures that received only a single bid remains high at 36% in 2016. Hungary has the highest percentage in the Union of financial recommendations from OLAF in the areas of Structural Funds and Agriculture for the 2013-2016 period at 4,16% (which is 900% higher than the EU average). Hungary decided not to participate in the establishment of the European Public Prosecutor’s Office.
Amendment 100 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 d (new)
Annex I – point 20 d (new)
(20d) According to the Global Competitiveness Report 2017-2018 the high level of corruption was one of the most problematic factors for doing businesses in Hungary. Since 2008 Hungary has fallen by 19 points in the Corruption Perception Index.
Amendment 158 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38
Annex I – point 38
(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. On 3 March 2018, UN human rights experts warned that the bill would lead to undue restrictions on the freedom of association and the freedom of expression in Hungary. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with their activities. The Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe on 22 March 2018 requested an opinion of the Venice Commission on the compatibility of the “Stop Soros” draft legislative package with international human rights standards.
Amendment 162 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38 a (new)
Annex I – point 38 a (new)
(38a) Ensuring an enabling environment for civil society is an obligation under international human rights and EU law. The measures of the Hungarian government’s to obstruct the work of civil society organisations are contrary to the EU’s founding principles as enshrined in Article 2 TEU.
Amendment 211 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. The Fundamental Rights Officer of the European Border and Coast Guard Agency visited Hungary in October 2016 as well as in March 2017, owing to the Officer’s concern that the Agency might be operating under conditions which do not commit to the respect, protection and fulfilment of the rights of persons crossing the Hungarian-Serbian border, that may put the Agency in situations that de facto violate the Charter of Fundamental Rights of the European Union. The Fundamental Rights Officer concluded in March2017 that the risk of shared responsibility of the Agency in the violation of fundamental rights in accordance with Article 34 of the European Border and Coast Guard Regulation remains very high.
Amendment 213 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. Given the worsening situation of asylum-seekers in Hungary the UN Refugee Agency called on 10 April 2017 for a temporary suspension of all transfers of asylum-seekers to Hungary from other European States under the Dublin Regulation.
Amendment 245 #
2017/2131(INL)
Motion for a resolution
Annex I – point 57
Annex I – point 57
(57) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated his concern at measures taken to prohibit rough sleeping and the construction of huts and shacks, which have widely been described as criminalising homelessness in practice. The Commissioner urged the Hungarian authorities to investigate reported cases of forced evictions without alternative solutions and of children being taken away from their families on the grounds of poor socio-economic conditions. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about state and local legislation, based on the Fourth Amendment to the Fundamental Law, which designates many public areas as out- of-bounds for “sleeping rough” and effectively punishes homelessness. On 15 February 2012 and 11 December 2012 the Office of the UN High Commissioner for Human Rights (OHCHR) called on Hungary to reconsider legislation allowing local authorities to punish homelessness and to uphold the Constitutional Court’s decision decriminalising homelessness.
Amendment 250 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 a (new)
Annex I – point 58 a (new)
(58a) The UN Committee on the Rights of Children’s report on ‘Concluding observations on the combined third, fourth and fifth periodic reports of Hungary’, published in 14 October 2014, voiced concerns over an increasing number of cases where children are being taken away from their family based on poor socio economic condition. Parents may lose their child due to unemployment, lack of social housing and lack of space in temporary housing institutions. Based on a study by European Roma Right Centre, this practice disproportionately affects Roma families and children.
Amendment 252 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 b (new)
Annex I – point 58 b (new)
(58b) Hungary is not in compliance with the European Social Charter on the grounds that Hungary fails to protect its citizens against extreme poverty. Hungary’s workfare program pays less to citizens than the statutory minimum wage. The program creates dependencies and undermines democracy and the rule of law.
Amendment 254 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 d (new)
Annex I – point 58 d (new)
(58d) whereas Hungary signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention)in 2014, but has not yet ratified it. Calls on the Hungarian government to ratify the Istanbul Convention as soon as possible.
Amendment 42 #
2017/2125(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the resolution of 26 October 2017 on combating sexual harassment and abuse in the EU,
Amendment 43 #
2017/2125(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
Amendment 46 #
2017/2125(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the European Council conclusions of 16 June 2016 on LGBTI equality,
Amendment 47 #
2017/2125(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to European Commission Code of Conduct on countering illegal online hate speech
Amendment 50 #
2017/2125(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
- - having regard to its resolution on the situation in the Mediterranean and the need for a holistic EU approach to migration Texts adopted, (2015/2095(INI))
Amendment 52 #
2017/2125(INI)
Motion for a resolution
Citation 7 d (new)
Citation 7 d (new)
- having regards the European Parliament resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti- Gypsyism
Amendment 85 #
2017/2125(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the aberrant governance practices, including political parties and political leaders promoting racist and xenophobic ideas, policies, speeches and practices ad spreading fake news, seen in some Member States reflect a selective approach to the benefits and responsibilities of EU membership, and whereas the refusal by those Member States to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of State actions is undermining the credibility of the EU as a legal area;
Amendment 123 #
2017/2125(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the dangers faced by refugee and migrant children include separation from their families, detention, multiple discrimination, sexual and gender-based violence, exploitation and physical and psychological damage;
Amendment 128 #
2017/2125(INI)
Motion for a resolution
Recital Ε a (new)
Recital Ε a (new)
Ea. whereas trafficking in human beings is a serious crime and is one of the worst forms of violating fundamental rights;
Amendment 163 #
2017/2125(INI)
Motion for a resolution
Recital I
Recital I
I. whereas hate speech includes all forms of expression which propagate, encourage, promote or justify racial hatred, xenophobia, anti-Semitism, prejudice against religion or beliefs, sexual orientation or gender identity or other forms of hatred based on intolerance; whereas the development of new kinds of media is making it easier to engage in online hate speech;
Amendment 179 #
2017/2125(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afrophobia, whether expressed in the form of hate crimes, fake news, anonymous messages spread on social networks, protests or political propaganda, will come to be seen as normal in the Member States;
Amendment 183 #
2017/2125(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the instant transmission of images of the sexual abuse of children over the internet is now a reality; whereas insufficient action has been taken to combat it;
Amendment 185 #
2017/2125(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas helplines for children are vital tools in cases linked to the violation of children’s rights;
Amendment 186 #
2017/2125(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas any discrimination or violence on the basis of sexual orientation or gender identity should be condemned;
Amendment 280 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that violent conflicts, persecution, inequality, terrorism, repressive regimes, natural disasters, human-made crisis and chronic poverty are all drivers of migration that have led to increased mobility in recent years.
Amendment 314 #
2017/2125(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Strongly condemns the growing phenomenon of human trafficking; urges Member States to increase cooperation and step up their fight against organised crime, including smuggling and trafficking of human being, but also exploitation, forced labour, sexual abuses and torture, while protecting victims, in particular women and children.
Amendment 334 #
2017/2125(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deplores that the little progress that has been registered on resettlement were offset by restriction in family reunification with several EU member states introducing limits in their national laws
Amendment 344 #
2017/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the imperative need for persons of Islamic faith and culture, including those who have already been living here for a long time, to be integrated as effectively as possible into European society; stresses that integration of this kind will be the best way to tackle Islamic radicalisation in Europe; recommends an increased exchange of best practices in the field of integration;
Amendment 450 #
2017/2125(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the EU to intensify its efforts to address criminal networks engaged in human trafficking and to pay particular attention to crimes against children;
Amendment 454 #
2017/2125(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Believes the immediate appointment of guardians for unaccompanied minors is a significant step in protecting them and safeguarding their interests;
Amendment 457 #
2017/2125(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Welcomes the cooperation between FRA and FRONTEX to create a handbook on the treatment of children at land borders;
Amendment 460 #
2017/2125(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Condemns any form of discrimination and violence on the basis of sexual orientation and gender identity; calls on the European Commission to regularly monitor the proper transposition of legislation related to LGBTI rights into national law;
Amendment 528 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on Member States to enforce Directive 2011/93/EU with regard to combating sexual exploitation and abuse of children; calls on the EU to invest in new technologies to combat such crimes on the Internet and the dark web;
Amendment 564 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18g. Calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 53 #
2017/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to adopt a more courageous approach when monitoring national authorities implementing measures of EU law raising Charter of Fundamental Rights issues, especially when these are not necessarily guaranteed across the EU.
Amendment 19 #
2017/2085(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas vulnerable road users such as pedestrians and cyclists need better protection and therefore, the European Commission should present the review of the Pedestrian Protection Regulation within next six months;
Amendment 40 #
2017/2085(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that according to the European Commission statistics, around 25 % of the overall annual traffic fatalities in the EU are caused by the alcohol consumption, and therefore welcomes the zero tolerance policy for drink driving in some Member States;
Amendment 48 #
2017/2085(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Given that local authorities have a key interest in ensuring the safety of cyclists, calls on the Commission to take further action at EU level over and above the availability of existing funding schemes in order to facilitate widespread improvements to cycling infrastructure, and to provide technical guidance regarding the development of soft traffic infrastructures to help ensure an effective and harmonised approach;
Amendment 53 #
2017/2085(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that nearly half of all pedestrians and cyclists killed on the roads are aged over 65, and in almost all European countries road accidents are the major cause of death among young people, and therefore calls on Member States to make it possible for older people and young drivers to use the roads safely by developing programmes to avert age- specific risks of accidents;
Amendment 61 #
2017/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that, in 43% of cases, fatal road accidents in urban areas occur to pedestrians and cyclists, and calls on Member States to take greater account of the more vulnerable road users in building and maintaining roads, for example by building more cyclesafe cycle or pedestrian paths, or expanding them;
Amendment 77 #
2017/2085(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Bearing in mind that the Valletta declaration on improving road safety has been issued by the Maltese presidency on 29 March 2017, urges the European Commission to include new targets of halving the number of serious injuries on roads in the EU in their new road safety strategy for the decade 2020-2030;
Amendment 92 #
2017/2085(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that some 952% of all accidents are due to human error or interaction of human error with vehicle and/or infrastructure and that therefore it should be compulsory to incorporate driver assistance systems which promote safety, a requirement that should apply only to those driver assistance systems which improve road safety significantly, as demonstrated by scientific evidence, which have a favourable cost- benefit ratio and which have attained market maturity.;
Amendment 157 #
2017/2085(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the compulsory installation of overridable intelligent speed assistants to indicate speed limits, and calls on Member States to ensure that road signs are kept in excellent condition, and that road markings are clearly legible; Emphasises that for proper working of this intelligent assistant, it is necessary to have updated online road maps with current speed limit indications;
Amendment 165 #
2017/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, due to its relevance to road safety, a lane departure warning system that not only warns but also actively intervenes, albeit without preventing drivers from acting directly, should be made compulsory; Notes that for using this warning system it is necessary that road markings are kept in condition which can be clearly recognizable;
Amendment 171 #
2017/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that increasing the immediate field ofdirect vision in heavy goods vehicles, buses and coaches, and reducing theor eliminating blind spots can help significantly to improve the road safety of such vehicles, and; calls on the Commission to mandate ambitious and differentiated direct vision standards as from 2022 for all categories; calls on the Commission to make it compulsory to install cameras and turning assistant systems, while observing that such measures should accord with Directive (EU) 2015/719 and should not result in any extension of the time limits for implementation laid down there;
Amendment 178 #
2017/2085(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls for safer front-end design of heavy goods vehicles related to better vision of pedestrians and cyclists as well as for barriers to avoid collisions and mitigate consequences of collisions;
Amendment 215 #
2017/2085(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls for updating of the testing requirements for motor vehicle active and passive safety systems, which would take into account not only pedestrians but also cyclists;
Amendment 69 #
2017/2084(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the importance of renewable energy sources usage in tourism and its role in the long-term economic and environmental sustainability of the sector.
Amendment 29 #
2017/2083(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that violent conflicts, persecution, inequality, terrorism, repressive regimes, climate change, natural disasters and chronic poverty have led to increased mobility in recent years; stresses that refugees and migrants have the same universal human rights and fundamental freedoms;
Amendment 63 #
2017/2083(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls the European Commission and the European External Action Service during the negotiation with African countries on the conclusion of economic partnership agreements and association agreements to keep as a priority the prevention of human trafficking which constitutes a serious violation of human rights;
Amendment 21 #
2017/2068(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the ENISA’s Opinion Paper on Encryption - Strong Encryption Safeguards our Digital Identity of December 2016,
Amendment 39 #
2017/2068(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the lines between cybercrime, cyber espionage, cyber warfare, cyber sabotage and cyber terrorism are becoming increasingly blurred; whereas cybercrimes can target individuals, public or private entities and cover a wide range of offences, including privacy breaches, copyright infringement, child pornography, online incitement to hatesexual abuse online, hate speech, the dissemination of fake news with malicious intent, financial crime and fraud, as well as illegal system interference;
Amendment 49 #
2017/2068(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas a recent study by the National Crime Agency in the UK found that younger persons who engage in hacking activities are less motivated by money and often attack computer networks to impress friends or to challenge a political system.
Amendment 51 #
2017/2068(INI)
Motion for a resolution
Recital Δ
Recital Δ
D. twhe key focus ofreas cyber-attacks aremains continuously increasing and constitute a major threat to security, defence and other important sectors, while focusing on sensitive personal information such as health or financial records, but attacks on industrial control systems and networks aimed at destroying economic structures and destabilising societies are growing in number; whereas the majority of international requests for data are related to fraud and financial crime, followed by violent and serious crime;
Amendment 71 #
2017/2068(INI)
Motion for a resolution
Recital Ζ a (new)
Recital Ζ a (new)
Ga. whereas sexual abuse and sexual exploitation of children, including child abuse images, constitute very serious violations of fundamental rights;
Amendment 74 #
2017/2068(INI)
Motion for a resolution
Recital Ζ b (new)
Recital Ζ b (new)
Gb. whereas the Dark Net is increasingly used for the sexual exploitation and abuse of children, making it impossible to detect perpetrators;
Amendment 85 #
2017/2068(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the constantly growing interconnectedness of people, places and things makes Internet of Things (IoT) devices an ideal target for cybercriminalspresents an increased risk of cybercrime as the Internet of Things (IoT) devices are often not as well protected, sometimes even not protected at all, as traditional devices connected to the internet and as such are an ideal target for cybercriminals, especially as the regime for security updates for connected devises is often patchy and sometimes lacking completely;
Amendment 98 #
2017/2068(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the sharp increase in ransomware, botnets and the unauthorised impairment of computer systems has an impact on the availability and integrity of not only personal data, as well as on the protection of privacy and fundamental freedoms, but also the integrity of critical infrastructure including, but not limited to, energy and electricity supply and financial structures such as the stock exchange, which could have dire consequences for societal and governmental order;
Amendment 101 #
2017/2068(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the need to streamline common definitions of cybercrime, cyber warfare, cybersecurity, cyber harassment and cyber attacks to ensure a common legal definition is shared by the EU institutions and EU Member States.
Amendment 131 #
2017/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 140 #
2017/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that technological advances in encryption allow legitimate users to better protect their data, but points out that malicious users deploy the same techniques to conceal their criminal activities and identitiesbetter protection of data and communications, but points out that there are still notable gaps in securing communications and introducing end-to-end encryption to minimise the attack surface for malicious abuse;
Amendment 149 #
2017/2068(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to step up their efforts in relation to victim identification and victim-centred services;, and calls on the Commission to issue a study as to the implications of cross- border cybercrime on Directive 2012/29/EU.
Amendment 162 #
2017/2068(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Stresses that there is a legitimate and strong need to protect communications between individuals and between individuals and public and private organisations in order to prevent cybercrime; highlights therefore that strong cryptography provides for this necessity; further stresses that limiting the use of or weakening the strength of the cryptographic tools will create vulnerabilities that can be used for criminal purposes, lower trust in electronic services, which, in turn, will damage civil society and industry alike;
Amendment 174 #
2017/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes, in this regard, the investment of EU funds in research projects such as the public-private partnership (PPP) on cybersecurity, to foster European cyber-resilience and cyber-risk management through innovation and capacity building;
Amendment 185 #
2017/2068(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission and Member States to set up a high-level working group on Cyber Security Strategies for the Energy Sector in order to regularly assess the various threats posed due to the expansion of intelligent networked devices throughout the energy distribution system and the increasing number of accessible targets within the smart energy ecosystem.
Amendment 186 #
2017/2068(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Urges the Member States to set up a system of exchange of information which obliges mandatory reporting on security incidents, so that Member States are regularly informed of security incidents and measures that can be taken in order to combat and mitigate the risk to their own systems.
Amendment 187 #
2017/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned by the Europol finding that the majority of successful attacks on individuals are attributable to a lack of user-awareness, as well as insufficient securitytechnical security measures;
Amendment 212 #
2017/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that businesses should conduct regular vulnerability assessments, fix existidentify vulnerabilities and risks through regular assessments, protect their products and services by fixing vulnerabilities found in their products or services and consistently reporting cyber- attacks;
Amendment 230 #
2017/2068(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers enhanced cooperation with service providers to be a key factor in accelerating and streamlining mutual legal assistance and mutual recognition procedures, within the remits provided for by the European legal framework;
Amendment 284 #
2017/2068(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. UnderlinBelieves that issues related to illegal on-line content should be removed immediately;must be tackled in an efficient manner through takedown procedures welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but stresses the need for a stronger commitment on the part of platformcompetent authorities and digital service providers to respond quickly and effectively; further underlines the necessity to improve cooperation between competent authorities in exchanging the relevant information, especially between authorities of different Member States;
Amendment 304 #
2017/2068(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperativn the limited circumstances where such access is necessary and proportionate for reasons of security and justice;
Amendment 322 #
2017/2068(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Encourages Europol to put together an anonymous reporting system within the Darknet, which will allow persons to report illegal content, such as depictions of child sexual abuse material, to authorities using the same technical safeguards implemented by many press organisations who use similar systems to facilitate the exchange of sensitive data to journalists in a way which allows for a greater degree of anonymity and security than is afforded by conventional e-mail.
Amendment 324 #
2017/2068(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Encourages Member States to ensure that Victims of individual cyber- attacks can fully benefit from all of the rights enshrined in Directive 2012/29/EU.
Amendment 335 #
2017/2068(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the patchwork of separate, territorially defined national jurisdictions causes difficulties in determining the applicable law in transnational interactions and gives rise to legal uncertainty, thereby preventing cooperation across borders, which is necessary to deal efficiently with misuses online;cybercrime
Amendment 385 #
2017/2068(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls for Europol to be given the necessary means to develop new high-tech capabilities in order to be able to respond effectively to the growing incidence of child abuse images in the Darknet;
Amendment 14 #
2017/2067(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Member States’ authorities and the industrial sector must respond to the pressing need to make transport safer, more efficient and sustainable for all road users, including the most vulnerable and people with reduced mobility;
Amendment 21 #
2017/2067(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas Cooperative Intelligent Transport Systems (C-ITS) has the potential to provide more varied and comfortable services to road users and traffic managers, to reduce energy consumption and emissions from road transport, and to enhance economic growth, road safety and traffic efficiency;
Amendment 29 #
2017/2067(INI)
Motion for a resolution
Recital F
Recital F
F. whereas this cooperative element, thanks to digital and 5G gigabyte connectivity, will significantly improve road safety, traffic efficiency and multimodality;
Amendment 30 #
2017/2067(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas connected and automated driving is an important digital development in the sector and co- ordination with all the new technologies used in the sector, such as the European global satellite-based navigation systems GALILEO and EGNOS have now reached a high level of technological capacity;
Amendment 35 #
2017/2067(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the potential of C-ITS to improve fuel efficiency, lowering the cost of individual transport and reducing the negative impact of traffic on the environment;
Amendment 46 #
2017/2067(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the urgent need to establish an ambitious EU strategy that coordinates national and regional efforts, avoids fragmentation and maximises opportunities for road users, workers and businesses;
Amendment 75 #
2017/2067(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to give priority to C-ITS services, to achieving the highest safety potential and to drawing up the definitions and requirements which are needed, and to updating and including thee without further delay the European Statement of Principles on Human- Machine Interface (HMI) for In-Vehicle Information and the Communication Systems, as the interaction between the human driver and the machine is important3 ; _________________ 3 The Commission’s (2008) European Statement of Principles on Human Machine Interface for In-vehicle Information and Communication Systems: https://goo.gl/zXSXHe
Amendment 77 #
2017/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the need to provide road users with more choices, more user- friendly, affordable and customised products, and more information; in this regard, encourages the Commission to facilitate the exchange of best practices; urges all Member States to join the C- Roads Platform, as it is intended to play a significant role in implementing the Strategy;
Amendment 85 #
2017/2067(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission to develop comprehensive statistics which complement existing ones, in order to better evaluate the digitalisation progress in different areas of the road sector;
Amendment 89 #
2017/2067(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Highlights the importance of further investment into research into sensor systems to ensure their full cross- border interoperability and potential application beyond safety, such as in remote emission sensing, vehicle dynamics, air quality and congestion;
Amendment 108 #
2017/2067(INI)
13. Points to the importance of the application of high standards of cyber- security, in preventing hacking and cyber- attacks, in all Member States, particularly in light of the critical nature of security of C-ITS communications; notes that cyber security is an essential challenge to be tackled as the transport system becomes more digitised and connected; urges the need to avoid any vulnerability or risk if a vehicle is hacked or subjected to a cyber- attack by means of the development of a common security and certificate policy for C-ITS deployment;
Amendment 130 #
2017/2067(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes note of the mention of the link between connected cars and the European satellite navigation systems, EGNOS and GALILEO, and underlines that vehicles’ capacity to communicate with 5G and satellite navigation systems can be included in the hybrid communication mix at a later stagein the future, as noted in the European Commission’s 5G Action Plan;
Amendment 157 #
2017/2067(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that the Commission rapidly establish an adequate legal framework to achieve EU-wide cross- border interoperability on time; calls on the Commission to publish a legislative proposal on access to in-vehicle data and resources no later than September 2018; recommends that this proposal should guarantee a level playing field for non- monetised access to in-vehicle data for all third-parties in order to protect consumer rights, promote innovation and ensure fair competition on this market, taking into account the conclusions of the Commission’s study on access to in- vehicle data and resources; in this regard, also calls on the Commission to harmonise the conditions for testing and to ensure fast and effective legal integration;
Amendment 164 #
2017/2067(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. underlines that the appropriate regulatory frameworks will need to cover affordability, accessibility and safety issues that arise from this cooperative element between vehicles and between vehicles and transport infrastructure; in this regard, stresses that a level playing field should be created to contribute to the overall development and fulfilment of EU transport policy goals, including modernisation of all urban and rural infrastructures also linked to public transport services;
Amendment 170 #
2017/2067(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance of opening a dialogue with the social partners at an early stage in order to establish an atmosphere of transparency and confidence and ensure that there will be no negative effects on social and employment conditions; notes that a road map for C- ITS deployment has to be established by the eSafety Forum as it has been established and agreed for the eCall system;
Amendment 173 #
2017/2067(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to consider the effects of C-ITS on employment and working conditions; encourages, in this respect, to foster the dialogue with social partners at an early stage and to carry on a comprehensive and in depth analysis to be presented to the European Parliament as soon as possible, of the overall social effects derived from the consequences of transport industry digitalisation, focusing on regulatory oversight and compliance, safety and jobs impact;
Amendment 22 #
2017/2065(INI)
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas the EU Member States must be able to benefit from the digital trade, and this requires close cooperation between the Commission, the Member States and the EU industry;
Amendment 23 #
2017/2065(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that any European digital trade strategy or provisions for cross- border data flows and agreements on a free flow legal provision should fully respect the EU data protection acquis and comply with EU fundamental rights standards; collection, storage, processing and transfer of data and the digitization of such data have become an integral part of modern business models, including for manufacturers and they have a leading role in the development of global value chains; regulatory co-operation, mutual recognition and harmonization of standards are the best tools to meet the challenges of the digital economy;
Amendment 30 #
2017/2065(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to tackle all forms of digital protectionism, including unjustified data localisation requirements, as such protectionism is contrary to the EU’s data protection rules; draws the attention to the fact that it is essential to ensure that the principle of net neutrality is respected, as an open and neutral internet is key to preventing concentration of market power in the digital economy, ensuring ease of entry to small and medium-sized internet-based business owners;
Amendment 43 #
2017/2065(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that the fact that commercial policy already contributes to the fight against corruption, for example by increasing the transparency of regulations and award procedures and by simplifying customs procedures; Digital Trade Strategy could continue to be used to combat corruption and ensure the implementation of International conventions and international principles, they should ensure fair competition in the internal market, harmonization of standards and consumer protection and security;
Amendment 45 #
2017/2065(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines the fact that even though the Single Digital Market strategy addresses many of the problems facing digital trade, European companies still face significant global obstacles such as non-transparent regulations, government intervention or unjustified data location and data storage; some of the key actions of the Digital Single Market Strategy, such as the European cloud initiative and the copyright reform, have an international dimension that could be addressed in a European Digital Trade Strategy;
Amendment 23 #
2017/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that cohesion policy’s share of the total EU budget should be maintained- if not increased post-2020, as the Cohesion Fund makes a major contribution to closing infrastructure gaps between regions; and reduce regional disparities
Amendment 40 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the next multiannual financial framework (MFF) should allow for adequatechallenging EU funding, including structural and investment funds, for projects which contribute, in particular, to the completion of the Trans-European Transport Network (TEN-T) core network and its corridors; reiterates that financial instruments cannot replace grants for TEN- T projects, as only grants can maximise output on the ground; considers, furthermore, that better coordination of EU instruments related to transport, including blending of grants and innovative financial instruments, can facilitate project implementation and catalyse private financing;
Amendment 50 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the next multiannual financial framework (MFF) should allow for adequate EU funding, including structural and investment funds, for projects which contribute, in particular, to the completion of the Trans-European Transport Network (TEN-T) core network and its corridors; reiterates that financial instruments cannot replace grants for TEN- T projects, as only grants can maximise output on the ground; considers, furthermore, that better coordination of EU instruments related to transport, including blending of grants, synergies between funds and innovative financial instruments, can facilitate project implementation and catalyse private financing;
Amendment 77 #
2017/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that an upgraded and more effective Connecting Europe Facility (CEF), which covers all modes of transport, including road infrastructure, and focuses on interconnections, is necessary; stresses that an inter-institutional agreement on CEF should be approved as soon as possible in order to communicate positive market signals to infrastructural investments that will reach the highest financial needs in the period 2020-2027.
Amendment 81 #
2017/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that an upgraded and more effective Connecting Europe Facility (CEF), which covers all modes of transport, including road infrastructure, and focuses on interconnections and missing links in Europe's infrastructure networks, is necessary;
Amendment 92 #
2017/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that funding for completing the single European rail area should be safeguarded; stresses further that the deployment of the European Rail Traffic Management System (ERTMS) should be brought forward in order to further implement common technical standards and maximise the benefits in terms of interoperability; strongly believe that ERTMS system project would require an institutional lead from the European Commission aimed at incentivizing the participation of investors;
Amendment 139 #
2017/2052(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses the importance of shifting towards a sustainable tourism sector, which requires better coordination between tourism and infrastructure projects; considers that a specific heading for tourism should be created in order to move towards a genuine European tourism policy in line with the P8 TA (2015) 0391 resolution of the European Parliament on new challenges and concepts for the promotion of tourism in Europe;
Amendment 8 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the importance of the Connecting Europe Facility (CEF) funding instrument for the completion of the TEN- T network; stresses that the budgetary cuts to the CEF made in the past, due to the funding of the European Fund for Strategic Investments (EFSI) initiative, should be avoided in the future; believes that CEF is a vital instrument with significant Union- added value to optimise the transport network across the Union, linking and/or modernising new and existing transport infrastructures; stresses the need to further promote and support the high speed railway projects connecting Western and Eastern parts of Europe;
Amendment 22 #
2017/2044(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that SMEs in the transport and tourism sectors are finding it difficult to adapt to the digital transformation and need support;
Amendment 36 #
2017/2044(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of Horizon 2020 to foster and support projects related to innovation and research in smart transport management and autonomous driving; welcomes the increase in commitments and payments appropriations through the Horizon 2020 for Joint Undertakings, among others SESAR and SHIFT2RAIL;
Amendment 55 #
2017/2044(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Encourages the Commission to further prioritise the financing of the transport safety and security of passengers in different means of transporton all means of transport; considers it important to continue allocating funding that will enable infrastructure to be maintained and quality criteria to be respected, in order to guarantee greater consumer protection and safety;
Amendment 3 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the emergence of the collaborative economy in transport, accommodation and tourism services, acknowledginges that, with an appropriate regulatory framework in place, it has the collaborative economy has the potential to provide more varied and affordable services to customers and to boost new forms of cooperative exchanges between citizens in the EU, to enhance economic growth, social welfare and environmental protection and to boost new forms of cooperative exchanges between citizens by opening new work opportunities and new models of business; stresses however that appropriate regulatory frameworks need to be put in place, to cover employment, health and safety, disability rights and competition issues that arise from the new models;
Amendment 12 #
2017/2003(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Urges the Commission to come up with appropriate measures to tackle the challenges that arise when European consumers are using online platforms headquartered outside the EU, in non- European cultural and regulatory contexts, particularly with regard to data protection, health and safety, taxation and employment laws;
Amendment 46 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, in the context of the collaborative economy, issues related to consumer protection, liability allocation, insurance schemes, social protection of workers (whether they are employed or self-employed) and data protection are the most urgent ones, and expects a regulatory intervention in that regard; eunderlines particularly the risks of unclear employment relations, unfair working conditions and non-compliance with workers' rights; stresses that there is a strong need to clarify the working relationship between workers and collaborative platforms; 3a Emphasises that a regulatory framework should create a level playing field, foster innovations and contribute to the overall development and fulfilment of the EU transport policy goals, such as transport decarbonisation, territorial cohesion, modernisation of all urban and rural infrastructures also linked to public transport services, affordability, accessibility for all users and safety;
Amendment 100 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the need to clearly distinguish between legitimate ride-sharing and the provision of commercial transporting services (i.e. ‘'non- professional’' vs ‘'professional’' service provision) in EU terminology, and; believes that all work in the collaborative economy should be classified accordingly, avoiding the spontaneous creation of new hybrid categories for workers; urges the Commission to come up with proposals to adapt Union legislation accordingly; considers the monetary threshold to be , assessing the possibility to extend traditional protectiones advisable way to make this distinctionnd social security protections established at national level by the Member States, to all workers in the collaborative economy;
Amendment 69 #
2017/0293(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Commissions Communications "Europe on the move"17 and "Delivering on the European Strategy for low-emission mobility A European Union that protects the planet, empowers its consumers, and defends its industry and workers"18 highlight that the CO2 emissions standards for passenger cars and light commercial vehicles are a strong driver for innovation and efficiency and will contribute to strengthening competitiveness of the automotive industry and pave the way for zero and low-emission vehicles in a technology-neutral way. Nevertheless, the market share of clean vehicles remains small and the vast majority of European cars are still powered by gasoline or diesel engines. For these reasons, providing EU consumers with sustainable and affordable options will therefore require a holistic approach, which includes support for the uptake of clean vehicles both in the private and public sectors, as well as accelerating the deployment of alternative infrastructure. _________________ 17 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EUROPE ON THE MOVE An agenda for a socially fair transition towards clean, competitive and connected mobility for all (COM(2017) 283 final). 18 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions […]
Amendment 78 #
2017/0293(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) IWhile it is important that the setting of CO2 emissions reduction requirements continues to provide Union -wide predictability and planning security for vehicle manufacturers across their new car and light commercial vehicle fleets in the Union, the ‘Dieselgate’ crisis has demonstrated that stricter oversight of the market is necessary to achieve the Union's targets for decarbonisation and restore the public's confidence in the industry. To achieve these goals, as well as to co- ordinate better the work carried by national surveillance bodies, a dedicated European Agency for road transport should be set up.
Amendment 81 #
2017/0293(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) There are still substantial differences between emissions released under real driving conditions and those advertised by manufacturers. Real driving conditions should be included as soon as possible in the regulatory framework.
Amendment 116 #
2017/0293(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The aim of this Regulation is to create incentives for the automotive industry to invest in new technologies and reduce real world emissions. This Regulation actively promotes eco- innovation and provides a mechanism that should be able to acknowledge future technological development. Experience shows that eco-innovations have successfully contributed to the cost- effectiveness of Regulations (EC) No 443/2009 and (EU) No 510/2011 and to the reduction of real world CO2 emissions. This modality should therefore be maintained and the scope should be extended to incentivise efficiency improvements in air-conditioning systems.
Amendment 195 #
2017/0293(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3
Article 7 – paragraph 4 – subparagraph 3
The register shall be publicly available, including in digital format.
Amendment 196 #
2017/0293(COD)
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 1 a (new)
Article 7 – paragraph 6 – subparagraph 1 a (new)
National market surveillance authorities should be subordinate to and coordinated by a dedicated European Agency for road transport. The agency shall be empowered to propose corrective measures, should information provided by national bodies indicate deviations in CO2 emissions of vehicles in service as compared to those values indicated in the certificates of conformity.
Amendment 215 #
2017/0293(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The amounts of the excess emissions premium shall be considered as revenue for the general budget of the Union and earmarked for policies promoting low-emission mobility.
Amendment 262 #
2017/0293(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Regulation 715/2007
Article 11a
Article 11a
1. Subject to the adoption and entry into force of the procedures referred to in paragraph 2, type approval authorities shall, on the basis of appropriate and representative samples, verify that vehicles that have entered into service and for which they granted type approval conform to the CO2 emission and fuel consumption values recorded in the certificates of conformity, and make the results publically available.
Amendment 36 #
2017/0291(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Innovation of new technologies helps to lower vehicle emissions, supporting the decarbonisation of the transport sector. An increased uptake of low- and zero-emission road vehicles is likelywill to reduce emissions of CO2 and certain pollutant emissions (particulate matter, nitrogen oxides and non-methane hydrocarbons) and to promote competitiveness and growth of the European industry in the increasing global markets for low- and zero-emission vehicles.
Amendment 49 #
2017/0291(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The procurement of clean vehicles can leverage the development of the infrastructure necessary for the smart charging of electric vehicles. To further facilitate the market pull for clean vehicles, the present Directive should be amended in conjunction with the Directive for the Energy Performance of Buildings, which requires the pre- equipment of parking spaces and the installation of charging points.
Amendment 50 #
2017/0291(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) The availability of charging and refuelling infrastructure is a prerequisite for any transport operation with alternative fuelled vehicles, including for public transport. Therefore, the aspects of fostering alternative fuels infrastructure for public transport should be strengthened in Directive 2014/94/EU. In the absence of a revision, the Commission shall establish an action plan for public transport infrastructure.
Amendment 65 #
2017/0291(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to achieve an improvement of air quality in municipalities, it is crucial to renew the transport fleet to clean vehicle standard. Furthermore, the principles of the circular economy require the extension of product life. Therefore, the retrofitting of vehicles to clean vehicle standard can also be counted towards the achievement of the minimum procurement targets set out in the Directive.
Amendment 71 #
2017/0291(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) All clean and energy-efficient transport options must be considered. Manufacturers should have the flexibility to further develop and use neutral technologies to meet CO2 reduction objectives. Competition between different solutions and manufacturers will encourage innovation and benefit everyone. This will allow a smooth and cost-efficient transition to the decarbonisation transport.
Amendment 80 #
2017/0291(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Setting minimum targets for clean vehicle procurement to be achieved by 2025 and by 2030 at Member State level should contribute to policy certainty for markets where investments in low- and zero-emission mobility are warranted. The minimum targets support market creation throughout the Union. They provide time for the adjustment of public procurement processes and give a clear market signal. The Impact Assessment notes that Member States increasingly set targets, depending on their economic capacity and how serious the problem is. Different targets should be set for different Member States in accordance with their economic capacity (Gross Domestic Product per capita) and exposure to pollution (urban population density). Minimum procurement targets should be complemented by the obligation of the contracting authorities, entities and operators to consider relevant energy and environmental aspects in all their procurement procedures. The Territorial Impact Assessment of this amended Directive illustrated that the impact will be evenly distributed among regions in the Union.
Amendment 89 #
2017/0291(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Life-cycle costing is an important tool for contracting authorities and entities to cover energy and environmental costs during the life-cycle of a vehicle, including the cost of greenhouse gas emission and other pollutant emissions on the basis of a relevant methodology to determine their monetary value. Given the scarce use of the methodology for the calculation of operational lifetime costs under Directive 2009/33/EU and the information provided by contracting authorities and entities on the use of own methodologies tailored to their specific circumstances and needs, there should be no methodology mandatory to use, but contracting authorities, contracting entities or operators should be able to choose any life-costing methodology in order to support their procurement processes. The assessment of theCO2 emissions should consider the entire lifecycle of the vehicles including during the production, use and end of life, taking into account disposal and recycling. Therefore, contracting authorities and other entities should focus the entire vehicle and not only on its components and the maximum tail-pipe emission expressed in CO2g/km and real driving pollutant emissions.
Amendment 90 #
2017/0291(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Life-cycle costing is an important tool for contracting authorities and entities to cover energy and environmental costs during the life-cycle of a vehicle, including the cost of greenhouse gas emission and other pollutant emissions on the basis of a relevant methodology to determine their monetary value. Given the scarce use of the methodology for the calculation of operational lifetime costs under Directive 2009/33/EU and the information provided by contracting authorities and entities on the use of own methodologies tailored to their specific circumstances and needs, there should be no methodology mandatory to use, but contracting authorities, contracting entities or operators should be able to choose any life-costing methodology in order to support their procurement processes. However, due to the lack of a clear understanding of the overall life-cycle emissions of the various fuel types, the Commission should provide an analysis that will lead to a common Union methodology for manufacturers to report data on CO2 emissions of all fuel types in a consistent manner.
Amendment 99 #
2017/0291(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) EU financial instruments should be mobilised in order to support Member States at national, regional and local level to achieve the targets under this Directive. Minimum binding targets for charging points per members states, together with direct infrastructure financing and financing of electric vehicle charging points and hydrogen vehicle filling stations should be considered as well, where not commercially viable on their own. For this purpose funding instruments such as the Connecting Europe Facility supporting the development of high performing, sustainable and efficiently interconnected trans-European networks in the fields of transport and the European Fund for Strategic Investments or the Cleaner Transport Facility supporting the deployment of cleaner transport vehicles and their associated infrastructure needs could be mobilised. Advisory Hubs should play a key role in this transition by facilitating and promoting investments and supporting institutional capacities.
Amendment 106 #
2017/0291(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) To ensure that public authorities are incentivised to purchase clean vehicles and Member States invest in the deployment of the alternative fuels infrastructure, but also to avoid the risk of such purchases leading to higher prices for passengers, the Union's budgetary and financial policy after 2020 should provide support for contracting entities. That should be reflected in the future Multiannual Financial Framework and the rules regarding sustainable finance and Union financial institutions. Additionally, Member States shall expand the financial and non-financial incentives in order to speed up the market uptake of clean vehicles. These efforts will reduce the initial high investment for the infrastructural changes and help the sector move much faster into the direction promoted by the European Commission. Setting up a European Clean Mobility Fund could help to cover the necessary investments for the establishment of alternative fuels infrastructure and subsequently speed up the uptake of clean vehicles.
Amendment 108 #
2017/0291(COD)
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) Reforms need to be introduced at local and national level, with clear investments signals and combining the different sources to reach the goal of this Directive.
Amendment 109 #
2017/0291(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Enhanced environmental audits and tests should be envisaged, encouraging local authorities to purchase, rent and lease such energy-efficient road transport vehicles. For this purpose it would be appropriate to develop EU financial mechanisms to assist with the implementation of the requirements of this Directive.
Amendment 171 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/33/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that purchase, lease, rent or, hire-purchase or retrofitting to clean or zero-emission vehicle standards of road transport vehicles, and public service contracts on public passenger transport by road and rail and public service contracts as referred to in Article 3 of this Directive comply with the minimum procurement targets for light- duty vehicles referred to in table 4 of the Annex and for heavy-duty vehicles referred to in Table 5 in the Annex.
Amendment 184 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/33/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Given that this Directive is meant to foster the market for clean vehicles and improve air quality, Member State authorities mayare encouraged to apply higher minimum mandates than those referred to in the Annex of this Directive.
Amendment 200 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b – introductory part
Article 1 – paragraph 1 – point 9 – point b – introductory part
Directive 2009/33/EC
Article 1
Article 1
(b) The following paragraphs 4 and 5 are added: 5a. The Commission shall provide guidance to Member States with regards to the different EU funds that might be used for the purposes of this Directive, e.g. Connecting Europe Facility supporting the development of high performing, sustainable and efficiently interconnected trans-European networks in the fields of transport and the European Fund for Strategic Investments or the Cleaner Transport Facility supporting the deployment of cleaner transport vehicles and their associated infrastructure needs could be mobilised.
Amendment 201 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b – introductory part
Article 1 – paragraph 1 – point 9 – point b – introductory part
Directive 2009/33/EC
Article 1
Article 1
(b) The following paragraphs 4 and 5 are added:5b. Advisory Hubs should play a key role in this transition by facilitating and promoting investments and supporting institutional capacities. Therefore, the Commission should substantially reinforce the role and the capacity of the European Investment Advisory Hub, notably through a local presence and a proactive role in the preparation of projects.
Amendment 206 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2009/33/EC
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Commission shall provide guidance to Member States with regards to the different EU funds that might be used for the purposes of this Directive, e.g. Connecting Europe Facility supporting the development of high performing, sustainable and efficiently interconnected trans-European networks in the fields of transport and the European Fund for Strategic Investments or the Cleaner Transport Facility supporting the deployment of cleaner transport vehicles and their associated infrastructure needs could be mobilised.
Amendment 207 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2009/33/EC
Article 10 – paragraph 5 b (new)
Article 10 – paragraph 5 b (new)
5b. Advisory Hubs should play a key role in this transition by facilitating and promoting investments and supporting institutional capacities. Therefore, the Commission should substantially reinforce the role and the capacity of the European Investment Advisory Hub, notably through a local presence and a proactive role in the preparation of projects.
Amendment 64 #
2017/0290(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Additionally, in order to guarantee the social protection of drivers and to ensure the well-functioning of the internal market, with fair and equal competition between Member States and operators, the provisions concerning the road leg of combined transport should be coordinated with the provisions concerning cabotage under Regulation (EC) No 1071/2009 1a and Regulation (EC) 1072/2009 1b, as well as with those under Directive 96/71/EC 1c on posting of drivers. _________________ 1aRegulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, (OJ L300, 14.11.2009, p. 51). 1bRegulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market, (OJ L300, 14.11.2009, p. 72). 1cDirective 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).
Amendment 77 #
2017/0290(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The outdated usage of stamps in proving that a combined transport operation has occurred prevent the effective enforcement or the verification of eligibility for the measures provided for in Directive 92/106/EEC. The evidence necessary to prove that a combined transport operation is taking place should be clarified as well as the means by which such evidence is provided. TWith a view to encourage digitalisation, the use and transmission of electronic transport information, which should simplify the provision of relevant evidence and its treatment by the relevant authorities, should be encouraged. The format used should be reliable and authentic. The regulatory framework and initiatives simplifying administrative procedures and the digitalisation of transport aspects, should take into consideration developments at Union level.
Amendment 84 #
2017/0290(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level. The current distribution and coverage of transhipment terminals in the Union, at least along the existing TEN-T Core and Comprehensive network, is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth. Investing in transhipment terminal capacity may reduce overall transhipment costs, and hence produce a derived modal shift, as demonstrated in some Member States. Member States should therefore ensure, in coordination with the neighbouring Member States and with the Commission, that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators. This would incentivise the use of freight transport alternatives and increase modal shift, thus making combined transport operations more competitive than road transport alone. The increased coverage and capacity of transhipment terminals should, at the very minimum, be established along the existing TEN-T Core and Comprehensive networks. There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Un, taking into account the various geographical and economic conditions of Member States and their regions.
Amendment 89 #
2017/0290(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States should implement additional economic support measures in addition to the existing ones, targeting the various legs of a combined transport operation, in order to reduce the road freight and to encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion. Such measures may include the reduction of certain taxes or transport fees, investments in digitalisation, grants for intermodal load units effectively transported in combined transport operations, or the partial reimbursement of transhipments cost.
Amendment 96 #
2017/0290(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Support measures should be coordinated, as needed, between Member States and the Commission, with a view to ensure a harmonised application of infrastructure planning and implementation.
Amendment 97 #
2017/0290(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Support measures should also be reviewed on a regular basis by the Members States to ensure their effectiveness and efficiency, and the overall impact on the European transport sector, as reflected in the European Strategy for Low Emission Mobility.
Amendment 206 #
2017/0290(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
The evidence may be provided through a transport document fulfilling the requirements laid down in Article 6 of Council Regulation No 11, or through other existing transport documents such as the Convention on the Contract for the International Carriage of Goods by Road (CMR) transport document, the Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI) or the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) transport document.
Amendment 228 #
2017/0290(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 92/106/EEC
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) an overview of all national support measures used and envisaged, including their respective uptake and assessed impactcontribution to the transition to cleaner modes of transport. Attention should also be paid to the impacts of this Directive on the functioning of the EU road haulage market, road safety, environmental and social standards, and on the enforcement of cabotage rules in accordance with regulation (EC) No 1072/2009.
Amendment 235 #
2017/0290(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 92/106/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
(4a) In Article 6 paragraph 1 is replaced by the following: "1. Member States shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or semi- trailers) when routed in combined transport are reduced or reimbursed either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail or inland waterways, within limits and in accordance with conditions and rules they fix after consultation with the Commission. The reductions of reimbursements referred to in the first paragraph shall be granted by the State in which the vehicles are registered, on the basis of the rail or inland waterways journeys effected within that State. Member States may, however, grant these reductions or reimbursements on the basis of the rail or inland waterways journeys which take place partially or wholly outside the Member State in which the vehicles are registered. " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:31992L0106&from=EN)
Amendment 44 #
2017/0288(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To ensure a coherent legislation framework ofor the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter- urban carriage by regular services. The scope of that Regulation should therefore be extendedEuropean Union is paramount in order to prevent legal ambiguity. The scope of that Regulation should therefore be consistent with the provisions of a Regulation (EC) No1370/2007.
Amendment 49 #
2017/0288(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) An independent and impartial regulatory body should be designated in each Member StateEach Member State shall designate a national competent authority to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications.
Amendment 66 #
2017/0288(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.national competent authority
Amendment 77 #
2017/0288(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers by attending a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70.
Amendment 80 #
2017/0288(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. The journey form constitutes an unnecessary administrative burden and should therefore be abolished.
Amendment 104 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 1073/2009
Article 2 – paragraph 7
Article 2 – paragraph 7
7. ‘cabotage operation’ means a national road passenger transport service operated for hire or reward on a temporary basis in a host Member State;;
Amendment 136 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009
Amendment 140 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1
Article 3 a – paragraph 1
Each Member State shall designate a single national regulatory bodcompetent authority for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contracte national competent authority may be responsible for other regulated sectors.
Amendment 144 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1 – subparagraph 2
Article 3 a – paragraph 1 – subparagraph 2
Amendment 146 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 2
Article 3 a – paragraph 2
Amendment 152 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3
Article 3 a – paragraph 3
3. The regulatory bodnational competent authority shall perform the following tasks::
Amendment 164 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
Article 3 a – paragraph 4
Information requested shall be supplied within a reasonable period set by the regulatory bodnational competent authority and not exceeding one month. In justified cases, the regulatory bodnational competent authority may extend the time limit for submission of information by a maximum of two weeks. The regulatory bodnational competent authority shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.
Amendment 167 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 5
Article 3 a – paragraph 5
5. Member States shall ensure that decisions taken by the regulatory bodnational competent authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the regulatory bodnational competent authority’s decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the Member State concerned.
Amendment 170 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 6
Article 3 a – paragraph 6
6. Decisions taken by the regulatory bodnational competent authority shall be made public.;
Amendment 223 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 4
Article 5 b – paragraph 4
4. Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the regulatory bodnational competent authority.
Amendment 225 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 1
Article 5 b – paragraph 5 – subparagraph 1
Where the regulatory bodnational competent authority hears an appeal against a decision by a terminal operator, it shall adopt a reasoned decision within a fixed timeframe and, in any case within three weeks from receipt of all relevant information.
Amendment 228 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
The decision of the regulatory bodnational competent authority on the appeal shall be binding. The regulatory bodnational competent authority shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive
Amendment 387 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1073/2009
Article 17
Article 17
(17) Article 17 is dDeleted;
Amendment 391 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 1073/2009
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
(19a) In Article 25, the following paragraph 1 a is inserted: "Member States shall not apply the provisions of Chapter III of this Regulation for national regular services on territories covered by services of general economic interest, on the condition that public service contracts are awarded following a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007."
Amendment 161 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point i a (new)
Article 1 – paragraph 1 – point 2 – point i a (new)
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point a b (new)
Article 27 – paragraph 1 – point a b (new)
(ia) In paragraph 1, the following point is inserted: "(ab) any measures other than the proposed reintroduction of border controls at internal borders which the Members State concerned has taken or has considered taking to address that threat to public policy or internal security as well as the reasons, based on evidence, why alternative measures such as enhanced cross-border police cooperation and police checks, including in border areas, have proven to be ineffective to address that threat;"
Amendment 172 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iii a (new)
Article 1 – paragraph 1 – point 2 – point iii a (new)
Regulation (EU) 2016/399
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 63 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 139 #
2017/0237(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures. Passengers should be able to complain to those bodies about alleged infringements of the Regulation. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other. Enforcement bodies shall each year publish reports on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions. In addition, these reports shall be made available on the website of the European Union Agency for Railways.
Amendment 158 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 281 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings and ticket vendors shall offer tickets and, where available, through-tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and with more than one railway undertaking. The European Commission should closely monitor market developments on through-tickets and present a report to the European Parliament and the Council, accompanied if necessary by legislative proposals, by 31 December 2022, in line with article 13a of Directive (EU) 2016/2370 1a. _________________ 1aDirective (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure, OJ L 352, 23.12.2016. Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure, OJ L 352, 23.12.2016.
Amendment 338 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendorentity which sold the tickets.
Amendment 458 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. In case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner, subject to the journey continuation agreement of the carriers involved;
Amendment 593 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The national enforcement bodies shall publish statistics on their activityeach year publish reports with statistics on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions, including onthe sanctions applied, every year, at the latest at the end of April of the following calendar yearthat they have applied. This shall be done for each year by no later than the first day of April of the succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways.
Amendment 46 #
2017/0128(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) To deal with the problem of cross- border enforcement of toll evasions new mechanisms and legal agreements should be implemented, using a simple automatic mechanism for the exchange of information between Member States. That system should include all types of vehicles and all types of electronic toll systems, including video-tolling. The information provided by the use of this automatic mechanism should allow Member States to follow up on cases of failure to pay tolls by non-resident drivers.
Amendment 64 #
2017/0128(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive lays down the conditions necessary to ensure the interoperability of electronic road toll systems and to facilitate the cross-border exchange of information on the failure to pay road fees in the Union , including those for road toll systems and for Urban Vehicle Access Regulation Schemes. It applies to the electronic collection of all types of road fees, on the entire Union road network, urban and interurban, motorways, major and minor roads, and various structures such as tunnels, bridges and ferries.
Amendment 65 #
2017/0128(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive lays down the conditions necessary to ensure the interoperability of electronic road toll systems and to facilitate the cross-border exchange of information on the failure to pay road fees for road toll systems and for urban vehicle access regulation schemes in the Union . It applies to the electronic collection of all types of road fees, on the entire Union road network, urban and interurban, motorways, major and minor roads, and various structures such as tunnels, bridges and ferries.
Amendment 69 #
Amendment 76 #
2017/0128(COD)
Proposal for a directive
Article 2 – paragraph 1 – point –a (new)
Article 2 – paragraph 1 – point –a (new)
-a “toll service provider” means a legal entity providing customer toll services on one or more toll domains for one or more classes of vehicles.”
Amendment 103 #
2017/0128(COD)
Proposal for a directive
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(o a) ‘urban vehicle access regulation scheme’ means a defined area with regulated access, most commonly to address issues such as poor air quality, pollution, congestion and accidents1a; _________________ 1a https://ec.europa.eu/transport/sites/transp ort/files/themes/urban/studies/doc/2010_1 2_ars_final_report.pdf
Amendment 113 #
2017/0128(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The on-board equipment may comprise several gadgets linked physically or remotely, including equipment already installed in the motor vehicle such as navigation systems; it may use its own hardware and software, use elements of other hardware and software present in the vehicle, or both. For the purpose of communicating with other hardware systems present in the vehicle, the on- board equipment may use technologies other than those listed in Annex IV.
Amendment 255 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation 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 anotherundertaking shall demonstrate its financial standing by means of a binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.;
Amendment 425 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation 1072/2009
Article 9 – point f (new)
Article 9 – point f (new)
(5a) in Article 9 the following point is added: f) the income tax
Amendment 44 #
2017/0122(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector, which is able to attract qualified workers and ensure a wide-level playing field across Europe. To facilitate that process it is essential that the Union social rules in road transport are clear, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 149 #
2017/0122(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) In order to improve road safety and the working conditions of drivers, the scope of Regulation (EC) No 561/2006 should cover drivers of vehicles for the transport of goods with a permissible mass of more than 2,4 tonnes.
Amendment 162 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
-1a Article 2, paragraph 1, point a is amended as follows: "(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 218 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 561/2006
Article 6 – paragraph 5
Article 6 – paragraph 5
A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of availability, as defined in Article 3(b) of Directive 2002/15/EC15(3)(c) of Regulation (EEC) No 3821/85, sin accordance with Article 34(5)(b)(iii) of Regulation (EU) No 165/2014ce his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment.;
Amendment 229 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 561/2006
Article 7 – paragraph 3
Article 7 – paragraph 3
A driver engaged in multi-manning may decide to take a break of 45 minutes in aperiod of 45 minutes of a driver’s period of availability shall be considered as a break in the case of a driver engaged in multi-manning in a moving vehicle driven by another driver provided that the driver taking the break is not involved in assisting the driver driving the vehicle.;
Amendment 237 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a (new)
Article 1 – paragraph 1 – point 5 – point -a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
-a In Article 8, new paragraph 2 a is inserted: "2a. By way of derogation, a driver engaged in occasional coach services, as the latter’s define in Regulation (ΕC) No 1073/2009 can increase to 16 hours the maximum daily duty time, provided that this applies maximum twice between two weekly rest periods. By way of derogation, drivers who are the owners of vehicles carrying out freight transport and who are also transport undertaking as defined in Article 4p can increase to 16 hours the maximum daily duty time, provided that this applies maximum twice between two weekly rest periods."
Amendment 283 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a (new)
Article 1 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 3 a (new)
Article 8 – paragraph 6 – subparagraph 3 a (new)
In Article 8, paragraph 6, new subparagraph 3 should be added: "By way of derogation, a driver engaged in international goods transport operation, as established in Regulation(EC) 1072/2009 on common rules for access to the international road haulage market, could postpone his weekly rest period up to nine (9) periods of 24 hours after the end of the previous daily rest period, provided that: (a) International transport operations should include at least 24 consecutive hours in a Member State that is not the country where the undertaking is established. (b) Once the exception granted, driver should take a regular weekly rest period within the Member State where the undertaking is established. (c)The regular weekly rest period provided in paragraph b) should be increased by one hour for each period of three hours (or fraction) exceeded by the driver in the six 24-hour period after the end of the previous weekly rest period."
Amendment 374 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(c a) In Article 8, new paragraph 9 a is added: (9a) Member States shall issue an annual report to the European Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. The European Commission shall, by [31 December 2019], present an overall report to the European Parliament and the Council on the availability of suitable rest facilities for drivers and secured parking facilities on the TEN-T network. This report shall be updated every two years on the basis of information gathered by the European Commission and contain a list of proposed measures to increase the number and quality of suitable rest facilities for drivers and secured parking facilities. On the basis of these reports, the European Commission shall reassess whether it is necessary to propose additional measures."
Amendment 321 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 – point a (new)
Article 2 – paragraph 2 – subparagraph 2 – point a (new)
(a) Notwithstanding Article 2(1) of Directive 96/71/EC, a driver shall not be considered to be posted to the territory of a Member State that the driver transits through without loading or unloading freight and without picking up or setting down passengers.
Amendment 344 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2:, a day shall consist of 24 hours.
Amendment 351 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 367 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 382 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods, except weekly rest, as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 454 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi
Article 2 – paragraph 4 – point a – point vi
(vi) the type of transport services, that is to say carriage of goods, carriage of passengers, international carriage, cabotage operation;
Amendment 489 #
2017/0121(COD)
(c) an obligation for the driver to keep and make available, where requested at the roadside control, the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations;
Amendment 511 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 549 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 20 #
2017/0116(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Union air carriers are at the centre of a global network connecting Europe internally and with the rest of the world. They should be enabled to compete against third countries air carriers in an environment of open and fair competition between all air carriers. This would contributeis necessary to maintaining conditions conducive to a high level of Union's connectivity and to ensure the continuing competitiveness of Union air carriers as well as well as high levels of employment in the European industry.
Amendment 27 #
2017/0116(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Fair competition is an importantndispensable general principle in the operation of international air transport services. This principle is notably acknowledged by the Convention on International Civil Aviation ('the Chicago Convention') whose preamble recognises the need for international air transport services to be based on the basis of "equality of opportunity". Article 44 of the Chicago Convention also states that the International Civil Aviation Organization ('ICAO') should aim to foster the development of international air transport so as to "insure that every contracting State has a fair opportunity to operate international airlines" and to "avoid discrimination between contracting States".
Amendment 30 #
2017/0116(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Efforts shouldmust therefore be strengthened in the context of ICAO and of WTO to actively support the development of international rules guaranteeing fair competition conditions between all air carriers.
Amendment 34 #
2017/0116(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Fair competition between air carriers shouldmust preferably be addressed in the context of air transport or air services agreements with third countries. However, most air transport or air services agreements concluded between the Union or its Member States or both, on the one hand, and third countries on the other do not so far provide for corresponding rules. Efforts should therefore be strengthened to negotiate the inclusion of fair competition clauses in existing and future air transport or air services agreements with third countries.
Amendment 39 #
2017/0116(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The existence of bilateral air transport or air service agreements including fair competition clauses or similar provisions does not prevent the Commission from conducting an investigation and taking measures where necessary. The decision to initiate an investigation does not prevent the Commission to support and advise Member States involved in a dispute settlement procedures foreseen in international agreements.
Amendment 42 #
2017/0116(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Fair competition between air carriers can also be ensured through appropriate Union legislation such as Council Regulation (EEC) No 95/9320 and Council Directive 96/97/EC21 . Insofar as fair competition supposes protection of Union air carriers from certain practices adopted by third countries or third country carriers, this issue is currently addressed in Regulation (EC) No 868/2004 of the European Parliament and of the Council22 . However, Regulation (EC) No 868/2004 has proven insufficiently effective, in respect of its underlying general aim of fair competition. This is notably due to certain of its rules pertaining notably to the definition of the practices concerned, other than subsidisation, and to the requirements regarding the initiation and conduct of investigations. In addition, Regulation (EC) No 868/2004 fails to provide for a dedicated Union internal procedure in respect of obligations contained in air transport or air services agreements to which the Union is a party and intended to ensure fair competition. Given the number and importance of the amendments that would be necessary to address these issues, it is appropriate to replace Regulation (EC) No 868/2004 by a new act. _________________ 20 Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, p.1). 21 Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272, 25.10.1996, p.36). 22 Regulation (EC) No 868/2004 of the European Parliament and of the Council of 21 April 2004 concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of air services from countries not members of the European Community (OJ L 162, 30.04.2004, p.1).
Amendment 69 #
2017/0116(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Proceedings should not be initiated or should be concluded without redressive measures under this Regulation where the adoption of the latter would be against the Union interest, having regard to their impact on other persons, notablyarties, including consumers or, undertakings in the Unionand aviation employees. Proceedings should also be concluded without measures where the requirements for such measures are not, or no longer met.
Amendment 71 #
2017/0116(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) For effective, proportionate and dissuasive reasons the Commission should be entitled to take provisional measures before the termination of proceedings.
Amendment 77 #
2017/0116(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Redressive measures in respect of practices affecting competition are aimed at offsetting the injury that occurs or is threating to occur due to those practices. They should therefore take the form of financial duties or of other measures which, representing a measurable pecuniary value, are capable of achieving the same effect. This may include measures consisting in the suspension of concessions, of services owed or of other rights of the third country air carrier, provided that this does not lead to a violation of an air transport or air services agreement concluded with the third country concerned. In order to comply with the principle of proportionality, measures of any kind should be confined to what is necessary to offset the injury or threat of injury identified.
Amendment 133 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A complaint shall include prima facie evidencereasonable and fact-based indication of one of the cases referred to in paragraph 1.
Amendment 144 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may decide not to initiate an investigation where the adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission consicluders that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers.
Amendment 147 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. The decision not to initiate an investigation in accordance with paragraph 4 shall be accompanied by a statement of reasons thereof and shall be published in the Official Journal of the European Union. The Commission shall further justify its decision before the competent committees of the European Parliament.
Amendment 165 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 7 – point d a (new)
Article 3 – paragraph 7 – point d a (new)
(d a) give a statement in front of the competent committees of the European Parliament.
Amendment 179 #
2017/0116(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. If it appears necessary, the Commission may carry out investigations in the territory of the third country concerned, provided that the government of the third country concerned and the third country entity concerned have been officially notified and have given their consent or other third countries.
Amendment 187 #
2017/0116(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In cases where access to the necessary information is refused or is otherwise not provided within the appropriate time limits, where a third country concerned did not grant access to its territory to conduct investigations or where the investigation is by other means significantly impeded, findings shall be made on the basis of the available facts and the Commission might take provisional redressive measures. Where the Commission finds that false or misleading information has been submitted, such information shall be disregarded.
Amendment 222 #
2017/0116(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the violation of applicable international obligations or the practice affecting competition, the injury or the threat of injury to the Union air carrier(s) concerned has not been eliminated following a reasonable period of time, the Commission mayshall resume the proceedings.
Amendment 230 #
2017/0116(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall, by means of implementingdelegated acts, terminate the investigation conducted under Article 4 without adopting redressive measures in any of the following cases:
Amendment 265 #
2017/0116(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The decision to terminate the investigation in accordance with paragraph 2 shall be accompanied by a statement of the reasons thereof and shall be published in the Official Journal of the European Union. The Commission shall further justify its decision before the competent committees of the European Parliament.
Amendment 138 #
2017/0114(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Light duty vehicles generate two thirds of the negative environmental and health impacts of road transport. It is therefore important to incentivise the use of the cleanest and most fuel-efficient vehicles through the differentiation of road charges based on conformity factors defined in Commission Regulation (EU) 2016/42718, Commission Regulation (EU) 2016/64619, and Commission Regulation (EU) 2017/xxx20 . This shall be without prejudice to the right of Member States, in compliance with the Treaty on the Functioning of the European Union and the principle of non-discrimination, to grant aide for certain users with no other choice but to go by road to their place of employment. _________________ 18 Commission Regulation (EU) 2016/427 of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 82, 31.3.2016, p. 1–98) 19 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.4.2016, p. 1–22) 20 Commission Regulation (EU) 2017/xxx
Amendment 454 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 (new)
Article 1 – paragraph 1 – point 18 (new)
Directive 99/62/EC
Article 11 – paragraph 2 – point h
Article 11 – paragraph 2 – point h
(i a) an evaluation of rest areas with a focus on the availability of parking lots and the quality of those facilities for the users in accordance with Regulation 561/2006;
Amendment 31 #
2017/0015(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Member States should be provided with a clear option to improve and moder, modernise and harmonise training practices with the use of ICT tools, such as e-learning and blended learning, for part of the training, while ensuring the quality of the training.
Amendment 38 #
2017/0015(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to avoid the risk of different interpretations of the concept of non-commercial passengers or goods transport, it should be interpreted according to the unitary definition provided by the CJEU case-law.
Amendment 41 #
2017/0015(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Since the objective of this Directive, namely the improvement of the EU-wide standard of initial qualification and periodic training for drivers of certain road vehicles for the carriage of goods or passengers, cannot be sufficiently achieved by the Member States but can rather, by reason of the cross-border nature of road transport and of the issues this Directive is intended to address, be better achieved at Union level, the Union may adopt unitary measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 56 #
2017/0015(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/59/EC
Article 10 – paragraph 1 – subparagraph 1 – indent 1
Article 10 – paragraph 1 – subparagraph 1 – indent 1
- either on the driving licence,
Amendment 58 #
2017/0015(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/59/EC
Article 10 – paragraph 1 – subparagraph 1 – indent 2
Article 10 – paragraph 1 – subparagraph 1 – indent 2
- orand on the driver qualification card drawn up in accordance with the model shown in Annex II.
Amendment 69 #
2017/0015(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point a – point d (new)
Annex I – paragraph 1 – point 1 – point a – point d (new)
Directive 2003/59/EC
Annex 1 – Section 1.3 b (new)
Annex 1 – Section 1.3 b (new)
1.3 a. the following point is added: Objective: to adapt the professional training of professional drivers to their profile: practical training of professional drivers should highlight the thematic areas related to transport, road safety and occupational health and safety, the improvement of digital knowledge and skills, and the teaching of ecological driving methods. The content of the training must correspond to the individual training needs of drivers for their work profile.
Amendment 83 #
2017/0015(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b – point c
Annex I – paragraph 1 – point 1 – point b – point c
Directive 2003/59/EC
Annex I – Section 4 – paragraph 1
Annex I – Section 4 – paragraph 1
Compulsory periodic training courses must be organised by an approved training centre. Their duration must be of 35 hours every five years, given in periods of at least seven hours. Such periodic training may be provided, in part, on top-of-the- range simulators and by use of information and communication technology tools such as e-learning, while ensuring the quality of the training. The maximum hours of e- learning training shall be 10. At least one of the seven hourtraining courses periods shall cover a road safety related subject. The content of the training shall take into account training needs specific to the transport operations carried out by the driver and relevant legal and technological developments. The seven hour periods shall cover different subjects.
Amendment 438 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-usersEach Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation.
Amendment 441 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Where more than one supervisory authority is established in a Member State, each authority is represented on the European Data Protection Board to the extent of its respective competence, and the Member State shall set out the mechanism to ensure compliance by the other authorities with the rules relating to the consistency mechanism.
Amendment 532 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user which shall include inter alia maintaining, operating and managing the integrity, access or security of the information society service, enhancing user experience or measures for preventing unauthorized access to or use information society service according to the terms of use for making available the service to the end-user; or
Amendment 545 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-userement, for an information society service requested by the end-user, including where such measurement takes place for the purposes of calculating royalties for collective rights management or other remuneration or payment systems.
Amendment 609 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7 of Regulation (EU) 2016/679/EU shall apply. The application of Art. 7(4) of Regulation (EU) 2016/679/EU must not oblige providers of information society services to offer a service without data processing which the service provider means to provide together with the service like e.g. data processing for the purpose of advertising.
Amendment 623 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, in particular for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet., or by continuing the use of an information society service, having been provided with clear and comprehensive information that this action by the end-user signifies consent
Amendment 716 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directorioperators of electronic information, communication and telecommunication services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Provideies. The operators shall give such end-users that are legal persons the meansoption to verify, correct and delete such data. Natural persons who act with commercial intent, such as freelancers, small traders or self-emlyed persons, are equated to legal persons.
Amendment 784 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-usersEach Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation.
Amendment 787 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Where more than one supervisory authority is established in a Member State, each authority is represented to the European Data Protection Board to the extent of its respective competence, and the Member State shall set out the mechanism to ensure compliance by the other authorities with the rules relating to the consistency mechanism.
Amendment 11 #
2016/2328(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the survey by the European Union Agency for Fundamental Rights (FRA) entitled 'Second European Union minorities and discrimination survey', published in December 2017,
Amendment 76 #
2016/2328(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas only 27% of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;
Amendment 80 #
2016/2328(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RegretCritizes that two years after transposition was due, only 23 out of 27 Member States had officially transposed the Victims’ Rights Directive by September 2017, and among these, some are only partially compliant and only on some provisions;
Amendment 238 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on the Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;
Amendment 2 #
2016/2327(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the own initiative report 2015/2005(INI) of the European Parliament adopted 09 September 2015, entitled “Implementation of the 2011 White Paper on transport: taking stock and the way forward towards sustainable mobility”;
Amendment 4 #
2016/2327(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to the Opinion of the European Economic and Social Committee of 23 February 2017 on the “Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - A European Strategy for Low- Emission Mobility” of 20 July 2016,
Amendment 71 #
2016/2327(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Invites the Commission to present an update of the 2011 White Paper on transport based on the report 2015/2005 (INI) of the European Parliament adopted 09 September 2015 entitled “Implementation of the 2011 White Paper on transport: taking stock and the way forward towards sustainable mobility” which accounts for current and developing challenges in the transport sector, especially digitalisation, automatisation, connectivity, sustainability, social matters and clean energy for transport;
Amendment 74 #
2016/2327(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that low-emission mobility not only requires technical solutions but also behavioural change of transport users; Key to enable a majority of citizens to switching to more sustainable modes of transport is an affordable, well-developed and multimodal public transport system that covers urban nodes and connects with rural areas;
Amendment 75 #
2016/2327(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes that a sustainable transition in transport requires systemic multi- stakeholder action from civil society, consumers, social partners, SMEs, innovative start-ups, global acting major corporations and politicians and official bodies on all levels of government;
Amendment 91 #
2016/2327(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that the completion of the internal transport market would improve resource efficiency and reduce emissions; its completion can however only be reached while also tackling “social dumping” in the transport sector through clear and enforceable rules and their uniform application;
Amendment 95 #
2016/2327(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to review the EU approach to aviation connectivity; stresses that one main goal of enhancing connectivity should focus on connecting remote and disadvantaged regions of the Union; underscores that this should be combined with investments in green alternatives such as cross-border (night) trains;
Amendment 125 #
2016/2327(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s efforts at developing standards for inter- operable electronic tolling systems in the EU and the forthcoming revision of the Eurovignette Directive, which should include distance-based charging and differentiation on the basis of carbon dioxide emissions; calls for the extension of distance-based charging to cover all passenger cars and vans, and for the principle to be extended to urban areas; calls for flexibility in the upcoming revision for distant and sparsely populated areas as well as border regions;
Amendment 165 #
2016/2327(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that autonomous vehicles can be an important asset in improving the efficiency of transport; insists, however, thatindividual and commercial transport; to enhance sustainability gains autonomous vehicles should be electriclow- or zero-emission vehicles, shared, and include smart measures to mitigate increasing use;
Amendment 184 #
2016/2327(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that urban freight vehicles contribute disproportionately to air and noise pollution and have a negative impact on congestion; therefore calls for better optimization of the supply chain in urban areas; calls on the commission to encourage the use of zero-emission light- duty commercial vehicles, zero-emissions buses, waste trucks, taxis and freight bicycles in last mile logistics;
Amendment 195 #
2016/2327(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Asks the Commission to develop a comprehensive political strategy to cope with systemic changes that the paradigm of “mobility as a service” will have on consumers, workforce and industry; especially in the context of an ongoing digitalisation and automatisation of the transport sector;
Amendment 201 #
2016/2327(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes efforts to ensure comprehensive and interoperable infrastructure for electric vehicle chargingCalls on the Commission to adopt an ambitious mandate for the market uptake of electric vehicles; in this regard calls for a long-term European initiative on next generation batteries as well as for the development of the necessary infrastructure that also encourages social fair and sustainable production standards of low-emission energy and vehicles;
Amendment 221 #
2016/2327(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that an obligation for fuel suppliers to reduce the greenhouse gas (GHG) emissions of energy supplied through renewable electricity, sustainable advanced biofuels or, hydrogen, synthetic fuels, or any other energy form to power transport would be the most effective approach for reducing the climate impact of road transport;
Amendment 240 #
2016/2327(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s intention to phase-development and research towards advanced biofuels that do not come from agricultural products or land use that impinge on food production; also emphasises the need of a smooth transition to account food based biofuels;r previous investments and job and income security in the sector
Amendment 245 #
2016/2327(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes that the EU approach to sustainable energy should be technology neutral and the goal of EU sustainability policies should focus on reducing climate- and health-damaging emissions
Amendment 252 #
2016/2327(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission and the Member States to limitencourage the financing of transport initiatives that contribute to climate action, sustainability of transport and/or public health in their future investment policies and tools like the European Fund for Strategic Investments (EFSI), Trans- European Transport network (TEN-T), Connecting Europe Facility (CEF) and Multiannual Financial Framework (MFF) financing to initiatives that contribute to climate action; . Notes that the general objectives of the Connecting Europe Facility are to address missing links, to contribute to projects with a European added value, as well as to support projects with significant societal benefits.
Amendment 299 #
2016/2327(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the Commission to strengthen the networks of front-runners among cities who prioritize sustainable modes of transport like walking, cycling, public transport, car pooling and sharing in city planning and to share success stories in both GHG emission reductions and clean air strategies;
Amendment 306 #
2016/2327(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Encourages all public entities to incorporate sustainability criteria in public procurement.
Amendment 331 #
2016/2327(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its call for a revision of car labelling to improve consumer information and for the public procurement rules to incentivise clean vehicles; stresses that car labelling should be based on a comparative CO2 footprint; that accounts for emissions of the whole lifecycle
Amendment 347 #
2016/2327(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the Commission to introduce a minimum target for the share of electric vehicles for all manufacturerlow- and zero-emission vehicle registrations among car registrations for all member states of at least 25 % for 2025;
Amendment 371 #
2016/2327(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Points out that there are already member state initiatives looking at zero emission road freight and calls on the Commission to develop a European Low Carbon Trucking Strategy;
Amendment 379 #
2016/2327(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to introduce a 2025 zero-emission target for city buses in its upcoming truck CO2 standards proposal
Amendment 420 #
2016/2327(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Notes the decision by the 39th Session of the ICAO Assembly to develop a global market-based measure (GMBM) scheme for international aviation; Calls on the Commission to present an assessment in a timely manner to verify, among other things, the suitability of the provision of the agreement which provides a carbon neutral growth, to limit the emissions' growing in the aviation sector according to the Paris objectives;
Amendment 434 #
2016/2327(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that the EU should implement the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) through the Union Emissions Trading System (ETS), while allowing for 50 % of the journeys to be excluded, provided that the destination is implementing CORSIA through national measures; proposes that the EU ETS should be retained for flights within the European Economic Area (EEA); but in this respect calls the EC to review the EU ETS for the post-2020 period once there will be more clarity about the implementation of the GMBM
Amendment 440 #
2016/2327(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls for continued efforts to reduce the fragmentation of the European airspace; and stresses the importance of reinforcing the Single European Sky through the improvement of the performance of air traffic management, including improved trajectory management in order to reduce CO2 emissions
Amendment 446 #
2016/2327(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Stresses the importance of continuing to boost research in this area in order to step up investment in technologies for the development of sustainable aviation – by promoting the design of lighter aircraft, the use of digital and satellite technology to support a more efficient management of flight routes, the production and use of alternative new- generation fuels, especially given that in this sector there are not many alternatives to traditional liquid fuels – including through the development of public-private partnerships; underlines, in this regard, the key role played by research programmes such as Clean Sky and SESAR and the need for their mandates to be extended;
Amendment 448 #
2016/2327(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Calls for action to be taken regarding short-haul flights, especially those using obsolete technology which is therefore responsible for high emissions; calls, wherever possible and convenient from an environmental perspective, for more sustainable means of transport to be promoted and for multimodal transport to be encouraged;
Amendment 6 #
2016/2308(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard the obligation of Turkey to fulfil the Copenhagen criteria, to adequate and effective reforms, good neighbourly relations and progressive alignment with the EU policies,
Amendment 33 #
2016/2308(INI)
Motion for a resolution
Citation 18
Citation 18
— having regard to the crisis in Syria, the efforts towards a ceasefire and a peaceful settlement, and Turkey’s obligations to enhance stability and promote good neighbourly relations through intensive efforts in order to resolve outstanding bilateral issues, disputes and conflicts with the neighbouring countries over land and maritime borders and airspace, in accordance with international agreements, including the UN Convention on the Law of the Sea and the UN Charter,
Amendment 34 #
2016/2308(INI)
Motion for a resolution
Citation 18
Citation 18
— having regard to the crisis in Syria, the efforts towards a ceasefire and a peaceful settlement, and Turkey’s obligations to enhance stability and promote good neighbourly relations through intensive efforts in order to resolve outstanding bilateral issues, disputes and conflicts with the neighbouring countries over land and maritime borders and airspace, in accordance with the UN Charter and the UNCLOS,
Amendment 105 #
2016/2308(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Expresses, once again, serious concern and urges Turkey to avoid any kind of threat or action directed against a Member State; considers it regrettable that the casus belli threat declared by the Grand National Assembly of Turkey against Greece has not yet been withdrawn;
Amendment 198 #
2016/2308(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Turkey to protect the rights of the most vulnerable groups and of persons belonging to minorities; regrets that the LGBTI marches in Ankara and Istanbul were banned for the second consecutive year; is seriously concerned about gender-based violence, discrimination, hate speech against minorities, lack of respect for the freedom of religion or belief including the property rights of all non-Muslim religious communities, hate crime and violations of the human rights of LGBTI persons; calls on Turkey to harmonise its domestic legislation with the Council of Europe’s Istanbul Convention, which it ratified in 2014; welcomes the government’s national strategy and action plan for Roma and encourages the authorities to address key obstacles to the social inclusion of Roma;
Amendment 244 #
2016/2308(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that strengthening trade relations could bring concrete benefits to citizens in Turkey and the EU, and therefore supports the Commission’s proposal to start negotiations on the upgrading of the Customs Union; reiterates that the EU is Turkey’s main trading partner and that two thirds of Foreign Direct Investment (FDI) in Turkey comes from EU Member States; considers the involvement of social partners in negotiations as crucial; calls on the Commission to include political benchmarks on human rights and, fundamental freedoms and the principle of good neighbourly relations in the upgraded Customs Union;
Amendment 314 #
2016/2308(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Commends the engagement by the Turkish Government and the hospitality shown by the population in hosting around 3 million refugees; notes the EU-Turkey statement on migration, and urges the Member States to initiate the voluntary resettlement scheme for the most vulnerable refugees in Turkey; calls on the Commission to ensure long-term investment in both refugees and their host communities in Turkey; encourages the Turkish Government to grant work permits to all Syrian refugees; calls on Ankara to keep up its patrolling efforts in the Aegean and to implement fully, to enhance efforts to combat migrant smuggling and to implement fully and effectively the EU-Turkey Readmission Agreement and the bilateral readmission agreements signedin force with Bulgaria and Greece;
Amendment 335 #
2016/2308(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls upon the Turkish government to halt its plans for the construction of the Akkuyuy nuclear power plant; points out that the envisaged site is located in a region prone to severe earthquakes, hence posing a major threat not only to Turkey but to the Mediterranean region as a whole; requests accordingly that the Turkish government join the Espoo Convention, which commits parties to notifying and consulting each other on major projects under consideration that are likely to have a significant adverse environmental impact across boundaries; asks the Turkish government to involve, or at least consult, the governments of its neighbouring countries, such as Greece and Cyprus, during any further developments in the Akkuyuy venture;
Amendment 367 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Praises the important work of the Committee on Missing Persons (CMP), and calls on Turkey to allow unconditional access to military zones and all relevant sites and to provide relevant information from its military and other archives, thus maximising the effectiveness of the excavations conducted by the CMP; welcomes, in this respect, the appointment of EP standing rapporteur on missing persons;
Amendment 376 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on Turkey to fulfil its obligation of full, non-discriminatory implementation of the Additional Protocol to the EC-Turkey Association Agreement vis-à-vis all Member States, including the Republic of Cyprus, the fulfilment of which could provide a significant boost to the negotiation process; regrets that Turkey has still not made progress towards the normalization of its relations with the Republic of Cyprus; reiterates that recognition of all Member States is a necessary component of the accession process and calls for progress without any further delay;
Amendment 6 #
2016/2305(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Agrees that deployment of 5G networks is a necessary condition for the development of existing and new business models in the transport and tourism sectors; underlines that effective use of the potential of very high-capacity internet networks is key to the process of digitisation of transport and tourism services and the wide use of innovative means of transport for people and goods, such as increasingly connected and autonomous vehicles or drones; notes that 5G networks could also contribute to develop new entertainment models, hence diversify the EU tourism offer making it more attractive;
Amendment 48 #
2016/2305(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the benefits of combining projects and plans to build new network infrastructure in the 5G standard with the already planned construction and modernisation of road and rail routes within the EU; agrees that such rational combining of construction works will help to save resources and speed up the building of the necessary high-speed infrastructure; notes the potential of development of more specified infrastructure services in EU cities (smart traffic with real time information, parking, toll systems);
Amendment 53 #
2016/2305(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that once networked, vehicles are consistently safer (fewer accidents), greener (less emissions) and contribute to more predictable travel patterns; therefore supports the idea of introducing an EU-wide target, for all vehicles available on the EU market, to become 5G enabled and to feature on- board ITS equipment; strongly supports the goal of 5G enabling base-station networked ambulances and other emergency vehicles (police cars, fire engines) for ongoing and uninterrupted coverage during interventions;
Amendment 8 #
2016/2274(INI)
Draft opinion
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
a a. Providing passengers with more choices, more user-friendly and customised products, such as multimodal integrated tickets, and more information;
Amendment 12 #
2016/2274(INI)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
b. Improving safety by further supporting automation and boosting the efficiency of transport traffic management systems, such as the European Rail Traffic Management System (ERTMS), the European global satellite-based navigation system (GALILEO) and the new generation European air traffic management system (SESAR);
Amendment 22 #
2016/2274(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that innovation in the transport and tourism sector provides enormous opportunities for EU businesses and insists on the need to develop new standards, where possible with a cross- domain approach, and uphold standardisation in order to ensure the proper implementation of EU initiatives in the field of digitalisation; considers that standards and common specifications is a clear requirement among others for the deployment of connected cars which could interact not only with the road infrastructure but also with other vehicles and devices (VtX model);
Amendment 5 #
2016/2271(INI)
Draft opinion
Recital A
Recital A
A. whereas digitalisation creates new opportunities in the transport and tourism sectors for manufacturers, operators, investors and passengers and is a necessity for the transport and tourism industryies to remain both competitive and operational;
Amendment 19 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication on Digitising European Industry, but regrets that, as its focus on the transport sector is limited to connected and automated driving, it does not address sufficiently all existing challenges; recalls that, although connected and automated driving is one of the most exciting digital transformations in the sector, there is potential for digitalisation in all modes of transport and tourism, and also throughout the value chain from manufacturers to passengers where results can be expected in the near future;
Amendment 31 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the digitalisation process has not been beneficial to the same extent throughout the transport sector, which has created a detrimental fragmentation within the internal market both between different modes of transport and within the same mode; underlines that there are significant and increasing disparities between Member States in transport competitiveness and digitalisation; believes that developing a coordinated Industrial Digitalisation Strategy (IDS) for the EU could help overcome this fragmentation;
Amendment 35 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the digitalisation process has not been beneficial to the same extent throughout the transport and tourism sectors, which has created a detrimental fragmentation within the internal market both between different modes of transport and within the same mode; believes that developing a coordinated Industrial Digitalisation Strategy (IDS) for the EU could help overcome this fragmentation;
Amendment 51 #
2016/2271(INI)
Draft opinion
Paragraph 3 – point c a (new)
Paragraph 3 – point c a (new)
(ca) provide passengers with more choices, more user-friendly and customised products, and more information (e.g. multimodal integrated ticketing);
Amendment 78 #
2016/2271(INI)
Draft opinion
Paragraph 3 – point h
Paragraph 3 – point h
(h) foster the attractiveness of the tourism sector and creative industries;
Amendment 96 #
2016/2271(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Supports the idea to further develop digital innovation hubs across the EU, where new competence centres and cluster partnerships could be created, among others in the transport and tourism sectors;
Amendment 106 #
2016/2271(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that digitisation is not just a technological issue, but it has wider social, work and economic implications; highlights therefore the need for a massive up-skilling of the workforce at all levels, in the transport and tourism sectors, focusing on new multidisciplinary and digital skills;
Amendment 19 #
2016/2219(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief1a, __________________ 1ahttp://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A52013 IP0279
Amendment 256 #
2016/2219(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the importance of the mandate of the EUSR in enhancing the EU’s effectiveness in advancing human rights and democratic principles around the world; reiterates its call for this mandate to become a permanent one ; whilst acknowledging the important role of the EUSR for Human Rights, regrets that Freedom of Religion or Belief is not listed as one of the key EU priorities raised1a; __________________ 1a http://data.consilium.europa.eu/doc/docu ment/ST-10255-2016-INIT/en/pdf
Amendment 274 #
2016/2219(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates its demand that the Members of the European Parliament be given access to the HRCSs and obtain information on how the EU implements these strategies, and that these are presented in a format that enables the Members to fulfil their duty of scrutiny properly;
Amendment 494 #
2016/2219(INI)
Motion for a resolution
Paragraph 48 d (new)
Paragraph 48 d (new)
48d. Stresses that certain trade benefits, in particular those granted under GSP+, are inherently and legally conditional upon the continued implementation of international human rights conventions;
Amendment 499 #
2016/2219(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49a. Calls on the EU to include respect for Freedom of Religion or Belief in Human Rights Impact Assessments that are carried out before the EU decides to conclude new trade and investment agreements;
Amendment 524 #
2016/2219(INI)
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54a. Reaffirms that Women's rights cannot be sacrificed due to specific proscription by any religion or belief;
Amendment 663 #
2016/2219(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Condemns, in keeping with Article 10 TFEU, all acts of violence and discrimination on the basis of ideology, religion or belief; expresses its serious concern over the continued reports of violence and discrimination against religious or belief minorities around the world; urges the EU also to continue the implementation of the EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief;
Amendment 667 #
2016/2219(INI)
Motion for a resolution
Paragraph 73 c (new)
Paragraph 73 c (new)
73c. Requests concrete action towards the effective implementation of the EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief, including: ensuring systematic and consistent training of EU staff at Headquarters and in Delegations; reporting on country and local situations; engaging in close cooperation with local actors, and especially with their leaders of religious or belief groups;
Amendment 668 #
2016/2219(INI)
Motion for a resolution
Paragraph 73 d (new)
Paragraph 73 d (new)
73d. Calls on the EEAS and the European Commission to look to the European Parliament's Intergroup on Freedom of Religion or Belief and Religious Tolerance Annual Report and determine an annual strategy for the focal countries where there are grave violations to ensure suitable EU development funding and monitoring programmes as well as assistance to the respective EU Delegations. This year these countries include Burma, China, Eritrea, India, Iran, Iraq, Nigeria, North Korea, Pakistan, Saudi Arabia, Sudan, Brunei and The Maldives;
Amendment 676 #
2016/2219(INI)
Motion for a resolution
Paragraph 74 b (new)
Paragraph 74 b (new)
Amendment 677 #
2016/2219(INI)
Motion for a resolution
Paragraph 74 c (new)
Paragraph 74 c (new)
74c. Is deeply concerned that in some parts of the world the position of religion or belief communities is endangered with entire religious communities disappearing or fleeing;
Amendment 681 #
2016/2219(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Calls on the EU and its Member States to ensure that religious or belief minorities are respected worldwide, including in the Middle East, where Yazidis, Christians and Muslim minorities and atheists are being persecuted by ISIS and other terrorist groups;
Amendment 766 #
2016/2219(INI)
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89a. Deplores the abuse of religion or belief for terrorist purpose;
Amendment 797 #
2016/2219(INI)
Motion for a resolution
Paragraph 100
Paragraph 100
100. Condemns in the strongest possible terms the torture and ill-treatment caused by ISIS; expresses its solidarity with the families and communities of all victims affected by the violence; condemns practices by ISIS to discriminate against and to target minority groups; calls on the EU, its Member States and the international community to step up their efforts to address the urgent need to prevent further suffering in an effective way;
Amendment 1 #
2016/2148(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the significant contribution made by the European Structural and Investment Funds (ESI funds) to the construction of an efficient and safe European transport network; Stresses the importance of synergies between the various funds;need for better synergies in implementing EU funds to promote combined funding and to increase the leverage effect of EU financial instruments in the transport sector. Draws the attention to the possibility of establishing joint monitoring committees to strengthen the synergies between the ESI Funds, the Connecting Europe Facility, the European fund for strategic investments and the H2020 program in the transport sector.
Amendment 18 #
2016/2148(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that ESI funds should focus on sustainable transport infrastructures. Underlines that Sustainable Urban Mobility Plans play a significant role in implementing ESI funds and achieving objective 4 of the Common Strategic Framework (CSC), "Supporting the shıft towards a low- carbon economy in all sectors".
Amendment 19 #
2016/2148(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to earmark appropriate funding for sustainable urban mobility under the European Regional and Development Fund.
Amendment 48 #
2016/2148(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to take into account the main features of long- term investments in transport infrastructures. Underlines that investments in sustainable transport infrastructures require a substantial public intervention and might be less attractive for the private sector as they yield too low or uncertain return on investment.
Amendment 49 #
2016/2148(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls that the leverage effect of the EU financial instruments is very low, or non-existent in the transport sector. Therefore, stresses that grants are the most appropriate instruments for supporting transport infrastructures under ESI funds.
Amendment 51 #
2016/2148(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that funds allocated to financing the 'Connecting Europe' facility were depleted in order to recapitalise the European Fund for Strategic Investments; expresses hope that these funds will be used to finance infrastructurrecalls that transport remains a top priority of the European Fund for Strategic Investments. Draws the attention to the possibility of combining EFSI financial instruments with ESI funds on one projects;.
Amendment 72 #
2016/2148(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that major administrative barriers to accessing European Structural and Investment Funds exist, particularly for SMEs; Underlines that excluding ESI funds from the state aid rules will significantly facilitate the access to ESI funds for SMEs and local entrepreneurships which are facing major administrative barriers.
Amendment 4 #
2016/2100(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Member States to show greater political will towards completing the single market for transport, in order to ensure open and fair competition between public and private operators in the transport, postal and tourism sectors; stresses the importance of connectivity and transport infrastructure for the survival, economic development and provision of public and private services in regional and remote areas;
Amendment 20 #
2016/2100(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that EU transport legislation is often poorly implemented by Member States, particularly where transport is managed as a monopoly by central government; believes that proper implementation of existing EU legislation would bring additional benefits to business and industry;
Amendment 29 #
2016/2100(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of removing physical, technical and regulatory barriers between Member States in order to prevent fragmentation in the single market and congestion in cross- border mobility, which harm development, and thereby to stimulate competition;
Amendment 60 #
2016/2100(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that increased competition brought about by the gradual opening up of the EU road haulage market can bring benefits to consumers, but expresses concern that certain measures being applied by some Member States - for instance the poor controls on the provisions governing road cabotage, the rigidity of the driving and rest times which creates unequal conditions of competition for peripheral Member States and the disparities in Member States' economies which encourage social dumping practices in the transport sector - are undermining the integrity of the single market in this field;
Amendment 43 #
2016/2064(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Suggests that the European Investment Advisory Hub (EIAH) enhances its information to SMEs and micro-enterprises in the tourism sector, so as to boost the development of projects, which would stimulate sustainable and accessible tourism, generate economic growth and create jobs; stresses that the information should focus on blending of different financial sources, as well as synergies between Member States.
Amendment 11 #
2016/2062(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the conclusions of the high-level conference "A Social Agenda for Transport" on 4 June 2015 in Brussels1a, __________________ 1a http://ec.europa.eu/transport/media/events /2015-06-04-social-agenda-for- transport_en.htm
Amendment 32 #
2016/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the aviation sector is a fundamental part of the European transport network, indispensable to ensure connectivity within the EU and worldwide, and a driver for growth and jobs creation of quality jobs;
Amendment 33 #
2016/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the aviation sector is a fundamental part of the European transport network, indispensable to ensure connectivity within the EU and worldwide, and a driver for growth and, jobs creation and regional cohesion;
Amendment 65 #
2016/2062(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s Communication on an Aviation Strategy for Europe and its effort to identify sources to boost the sector by finding new market opportunities and dismantling barriers, and for its proposals to meet and anticipate new challenges while reinforcing the social agenda and creating high quality jobs in aviation; believes that, in a longer-term perspective, a further holistic and ambitious approach should be embraced;
Amendment 83 #
2016/2062(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to rethink on-going initiatives and propose alternatives to remove the deficiencies of the aviation sector resulting from the late and incomplete implementation of EU legislation such as the Single European Sky (SES); urges the Member States finally to make progress on other essential dossiers such as revision of the Slot Regulation and the Passenger Rights Regulations;
Amendment 163 #
2016/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that many of the limits to growth, both in the air and on the ground, can be addressed by taking connectivity as the maina key indicator when assessing and planning actions in the sector;
Amendment 226 #
2016/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that public and private financing in the aviation sector is vital to guarantee territorial cohesion, foster innovation, create quality jobs and maintain or regain European leadership of our industry; recalls that all financing must respect EU state aid guidelines and competition law;
Amendment 231 #
2016/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes in particular that the on- going privatization of EU airports combined with the new State Aid Guidelines suggests that Europe's larger airports would have to finance their own infrastructural development and that a supportive and sound regulatory regime should, therefore, be in place to attract and mobilise necessary private investments;
Amendment 261 #
2016/2062(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of the CO2 emissions generated by the aviation sector; stresses the wide range of actions already taken to achieve carbon neutral growth from 2020, both by developing alternative fuels and lighter aircraft, and by abiding to international agreements and by reducing emissions at airports under the programme Airport Carbon Accreditation; welcomes the Commission’'s intention to review EU measures to reduce CO2 emissions from aviation in light of the outcome of the 39th Assembly of the International Civil Aviation Organisation (ICAO); is of the opinion that, in view also of the Commission’'s Circular Economy Package, further initiatives reducing emissions of operational activities from, to and within airports should be encouragmaintained;
Amendment 300 #
2016/2062(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Insists that the aviation sector is contributing, directly and indirectly, to the creation of jobs; believes that maintaining and enhancing decent working conditions and preventing unfair practices contribute tois a precondition of the sustainability of the aviation sector; acknowledges the necessitycalls on the Commission to present concrete proposals in order to bring clarity on the ‘'home base’' criterion and the definition of 'principal place of business', as well as ensuring equal treatment of third-country nationals working on board of EU-registered airplanes, and welcomes the Commission’'s decision to have guidelines issued on the applicable labour law and competent courts; insists on the need to fight any forms of social dumping;
Amendment 319 #
2016/2062(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to strengthen its analysis of the new business models in aviation and their possible effects on safety, including precarious and atypical employment forms such as two-tier employment contracts, agency work, zero-hour contracts, bogus self- employment, pay-to-fly or public flight cost sharing.
Amendment 333 #
2016/2062(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Recalls the importance of supporting passenger confidence in the safety, security and efficiency of civil aviation within a framework of effective passenger rights legislation; calls upon the Member States to progress current legislative proposals and a common strategy on Air Passengers Rights as soon as possible;
Amendment 75 #
2016/2059(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to present cost-effective solutions for the distribution and storage of LNG, so as to ensure lower prices for consumers, in the Union’s outermost regions and for adequate financing; stresses the need to look at all existing solutions for the storage and distribution of LNG, in particular in island regions, taking into consideration the potential evolution in demand for that fuel;
Amendment 23 #
2016/2035(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that diversification in fisheries should be based on eco-tourism and soft tourism, which are environmentally friendly business models that help preserve the identities of local communities; recommends therefore that environmental experts should always be closely associated with local action groups (e.g. the fisheries and aquaculture local action groups (FLAGs) and rural local action groups (LAGs);
Amendment 34 #
2016/2035(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Takes the view that rebuilding professional fishing vessels into vessels that conform to tourism standards should be supported by funds from the European Maritime and Fisheries Fund (EMFF); calls on Member States to make use of the funds available under the European Maritime and Fisheries Fund (EMFF) for the refitting of fishing vessels;
Amendment 37 #
2016/2035(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Notes that angling tourism is a well-developed and growing business segment in some Member States, while it remains an unused potential in some others; highlights the importance of recreational angling tourism in coastal and rural regions, in inland fishing as a high-value and sustainable development activity
Amendment 41 #
2016/2035(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that for 2007-2013, FLAGs had at their disposal 486 M€ from the EFF and that approximately 12,000 local projects were supported during that programming period;
Amendment 42 #
2016/2035(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Underlines furthermore that under the current financial period funding under the EMFF has increased to 514 M€ for measures allocated to Community local led development (CLLD);
Amendment 43 #
2016/2035(INI)
Draft opinion
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Encourages the Member States and the FLAGs to make the best use of the available funds and to combine multifunding (with the EFRD, EAFRD, ESF) where possible;
Amendment 46 #
2016/2035(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Recommends that specific financial support be provided under the EMFFPoints out that the EMFF provides specific financial support to initiatives in fishing communities promoted by women;
Amendment 50 #
2016/2035(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on Member States to ensure, through the establishment of the selection criteria for operations under the EMFF, that gender equality is well mainstreamed and promoted throughout the actions financed (e.g. by providing preference to actions aimed specifically at women or undertaken by them);
Amendment 65 #
2016/2035(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Recommends that Fisheries Local Action Groups (FLAGs) cooperate closely with tourism experts in order to identify projects and appropriate funding, through AxisUnion Priority 4 of the European Maritime and Fisheries Fund, for diversification in fisheries areas;
Amendment 68 #
2016/2035(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Calls on the Commission to promote, in the framework of the European Fisheries Areas Network (FARNET), and the FLAGs a pan-European dialogue between FLAGs,with ports and tourism stakeholders and environmental experts;
Amendment 33 #
2016/2031(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls Turkey to fully implement all its obligations concerning the additional Ankara Protocol of the EU-Turkey Association Agreement, which will allow for movement of goods without barrier trade, something that would contribute to the growth of trade relations with all EU members states;
Amendment 40 #
2016/2031(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that, according to the World Bank report on the EU-Turkey customs union, Turkey’s exports to the European Union contribute most to employment creation in the country, which, in addition to Turkish citizens, also has a considerable impact on refugees from conflict areas allowed to work in the country; Therefore calls the Turkish authorities to ensure the equal treatment with regards to labour rights of Turkish citizens and refugees;
Amendment 41 #
2016/2031(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the modernisation of the EU-Turkey Customs Union should include legally binding social and labour standards;
Amendment 42 #
2016/2031(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that the current Dispute Settlement Mechanism is ineffective, therefore calls for the institution of an efficient mechanism for resolving bilateral trade disputes;
Amendment 1 #
2016/2010(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to Article 9 TFEU on the promotion of a high level of employment and the guarantee of adequate social protection,
Amendment 6 #
2016/2010(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, 5a __________________ 5a OJ L 327, 5.12.2008, p. 9.
Amendment 26 #
2016/2010(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that while the minimum standards associated with the universal service obligation (postal items up to 2 kg, postal packages up to 10-20 kg, registered and insured items, and other services of general economic interest such as newspapers and periodicals) generally meet customers’ demands, thesome detailed requirements are set by the national regulatory authorities (NRAs) entrusted with this task;
Amendment 32 #
2016/2010(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the growth in employment opportunities in the parcel delivery sector; underlines the benefits of quality and sustainable jobs in postal and delivery services, including on providing high and consistent standards of service to consumers; calls on the Commission and the Member States to ensure that decent rights for workers in this sector are guaranteed, irrespective of employment status;
Amendment 40 #
2016/2010(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the findings of the Commission’s public consultation on cross-border parcel delivery; notes that the Commission intends to launch measures in 2016 to improve price transparency and enhance regulatory oversight of parcel delivery;
Amendment 41 #
2016/2010(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines the potential role of EU funding mechanisms such as Horizon 2020 and the European Structural and Investment Funds in facilitating innovation in postal and delivery services including e-commerce options of benefit for consumers, the environment and SMEs and solutions with social inclusion and accessibility objectives;
Amendment 62 #
2016/2010(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of providing a high-quality universal service under affordable conditions, comprising at least five delivery and five collection days a week for every EU citizen; notes that in some Member States national regulation exceeds the flexibility provided for in the Postal Services Directive; calls on the Commission to reaffirm that low population densitythe Universal Service Obligation is applied very differently across Member States, reflecting certain flexibility for Member States to define the USO to fit their domes not constitute grounds for reducing the frequency of delivery within the universal service obligationtic circumstances and ensure its long-term sustainability;
Amendment 73 #
2016/2010(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that the universal service shall evolve in accordance with the technical, economic and social environment and the needs of users, and that the Postal Services Directive provides Member States with the necessary flexibility to address local specificities and to ensure long-term sustainability to the universal service provision;
Amendment 88 #
2016/2010(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. CRecognises that postal networks and services are of general public interest; calls on the Member States to use State aid tools in a transparent and non- discriminatory manner and to ensure that customers continue to have access to postal services, by maintaining a minimum number of services at the same access point;
Amendment 154 #
2016/2010(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recognises the investments made by the European postal operators to upgrade the interconnectivity of their networks in order to offer new and easy- to-use services to consumers buying online as well as SME e-retailers selling cross border; considers that these investments should be protected with fair access conditions;
Amendment 164 #
2016/2010(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that parcel delivery is a highly competitive, innovative and fast- growing sector, and; notes the importance of affordable and reliable parcel delivery services in realising the full potential of the Digital Single Market; believes that any new regulation in the parcel delivery market must therefore be proportionate and supported by souwhilst effectively addressing the problems faced by retailers and economic evidencesumers, protecting employment rights, tackling social exclusion and encouraging environmental sustainability;
Amendment 181 #
2016/2010(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of improving consumer confidence and trust in cross-border delivery; considers that greater transparency as regards prices, delivery options, modalities and quality/performance (speed, geographical coverage, delays and the handling of damaged or lost items), as well as trust labels, could address the lack of confidence;
Amendment 31 #
2016/2009(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
- having regard to the Council conclusions of 19 June 2015 on equal income opportunities for women and men: Closing the gender gap in pensions,
Amendment 35 #
2016/2009(INI)
Motion for a resolution
Citation 21 f (new)
Citation 21 f (new)
- having regard to the Council conclusions on LGBTI equality, adopted in on 16 June 2016,
Amendment 37 #
2016/2009(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the Commission Communication 'Towards the elimination of female genital mutilation',
Amendment 42 #
2016/2009(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
- having regard to the European Agenda on Migration14a, __________________ 14a COM 2015 240
Amendment 45 #
2016/2009(INI)
Motion for a resolution
Citation 27 d (new)
Citation 27 d (new)
- having regard to the Europe 2020 strategy, specifically its targets on poverty and social exclusion,
Amendment 46 #
2016/2009(INI)
Motion for a resolution
Citation 27 e (new)
Citation 27 e (new)
- having regard to the Council guidelines adopted in Luxembourg on 24 June 2013 to promote and protect the enjoyment of all human rights by LGBTI persons in relations with third countries,
Amendment 47 #
2016/2009(INI)
Motion for a resolution
Citation 27 f (new)
Citation 27 f (new)
- having regard to the European Commission's "List of Actions to advance LGBTI Equality" adopted in December 2015,
Amendment 74 #
2016/2009(INI)
Motion for a resolution
Citation 42 a (new)
Citation 42 a (new)
- having regard to the European Union Agency for Fundamental Rights' survey 'Antisemitism - Overview of data available in the European Union 2004- 2015,
Amendment 76 #
2016/2009(INI)
Motion for a resolution
Citation 42 b (new)
Citation 42 b (new)
Amendment 78 #
2016/2009(INI)
Motion for a resolution
Citation 42 c (new)
Citation 42 c (new)
Amendment 79 #
2016/2009(INI)
Motion for a resolution
Citation 42 d (new)
Citation 42 d (new)
- having regard to the European Union Agency for Fundamental Rights' report "Being Trans in the EU Comparative analysis of the EU LGBT survey data" (2014), to its report on the Fundamental Rights Situation of Intersex people (2015) and to its report "Professionally speaking: challenges to achieving equality for LGBT people" (2016),
Amendment 80 #
2016/2009(INI)
Motion for a resolution
Citation 42 e (new)
Citation 42 e (new)
- having regard to the European Union Agency for Fundamental Rights' report 'Violence against women: An EU- wide survey',
Amendment 100 #
2016/2009(INI)
Motion for a resolution
Citation 46 d (new)
Citation 46 d (new)
- having regard to the Commission's staff working document ‘The Strategic engagement for gender equality 2016- 2019’,
Amendment 101 #
2016/2009(INI)
Motion for a resolution
Citation 46 e (new)
Citation 46 e (new)
- having regard to the Commission’s 2015 report on equality between women and men in the European Union (SWD(2016)0054),
Amendment 105 #
2016/2009(INI)
Motion for a resolution
Citation 46 i (new)
Citation 46 i (new)
- having regard to the results to public consultation - 2016 Annual Colloquium on Fundamental Rights on ‘Media Pluralism and Democracy’,
Amendment 125 #
2016/2009(INI)
Motion for a resolution
Recital -A d (new)
Recital -A d (new)
-Ad. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; such as the violations of the right to freedom of assembly and expression of civil society organisations, freedom of media, the institutional discrimination of LGBTI persons through marriage bans and anti- propaganda legislation, and the remaining high-levels of discrimination and hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 127 #
2016/2009(INI)
Motion for a resolution
Recital -A f (new)
Recital -A f (new)
-Af. whereas the elimination of the death penalty is a direct manifestation of the common values shared by the European Union Member States;
Amendment 129 #
2016/2009(INI)
Motion for a resolution
Recital A
Recital A
A. whereas migration is an unavoidable partthe right to asylum is guaranteed under the 1951 Convention ofn the EU’s future and one of the biggest challenges of our times, as it appeals to the EU’s international humanitarian responsibilities and forms a key element for demographic reasons; Status of Refugees (Geneva Convention) and the protocol of 31 January 1967, as well as by the Charter and the EU has clear international humanitarian responsibilities; whereas migration is a part of the EU's future and one of the challenges of our times and requires a forward-looking solution both in terms of the short- and medium-term crisis management and long-term policies for integration and social inclusion;
Amendment 141 #
2016/2009(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas ensuring the right to a fair trial is an integral part of the Asylum Procedures Directive, including the right to an effective remedy;
Amendment 161 #
2016/2009(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas it is essential to protect the fundamental rights to privacy and protection of personal data;
Amendment 173 #
2016/2009(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas trafficking in human beings harms human dignity and physical and psychological integrity; whereas it first and foremost affects the victims of trafficking, but it also has a vast impact on society overall;
Amendment 176 #
2016/2009(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas differences between the legislation of Member States greatly facilitate the activities of organised crime groups involved in trafficking in human beings24a ; __________________ 24a2016 EUROPOL situation report on Trafficking in human beings in the EU
Amendment 187 #
2016/2009(INI)
Motion for a resolution
Recital D l (new)
Recital D l (new)
Dl. whereas Jewish communities are the target of terrorist and anti-Semitic attacks, leading to an increasing perception of insecurity and fear within those communities in Europe;
Amendment 198 #
2016/2009(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas sexual and reproductive health and rights are grounded in basic human rights; whereas the denial of life- saving sexual and reproductive health services, among which safe abortion amounts to a serious breach of human rights;
Amendment 296 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates that Member States shall respect and protect the human dignity of all migrants, including in relation to border management and asylum procedures; calls on the Commission and Member States to reinforce cooperation and resources to save lives of migrants at sea in accordance with the respect of the right to life; welcomes the fact that the recently adopted European Border and Coast Guard proposal foresees a specific mandate for the Agency to support search and rescue operations; recalls that rules related to asylum seekers’ and refugees’ reception conditions must not deprive them of their fundamental rights to a dignified standard of living and to physical and mental health;
Amendment 303 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes with concern that there are still huge efforts needed to achieve the Europe 2020 strategy’s targets on poverty and social exclusion, while poverty and social exclusion inherently prevent individuals to live their lives in dignity; calls on Member States to find the right mix of policies, including employment activation and training and adequate systems of income support, as well as access to high quality services and to education;
Amendment 310 #
2016/2009(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Rule of law, democracy and fundamental rights
Amendment 319 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 m (new)
Paragraph 1 m (new)
1m. Stresses that corruption represents a serious fundamental rights violation; notes that in certain Member States it affects the highest levels of government and can be deemed as an institutionalised form of corruption; calls on the Member States and institutions to devise effective instruments for combating and sanctioning corruption and to monitor regularly the use of public funds, be they European or national;
Amendment 324 #
2016/2009(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Underlines the fundamental right to seek asylum and urges the EU and the Member States to facilitate the creation of new safe and legal channels for asylum seekers to enter the EU in order to reduce the risks arising from attempts at illegal entry and combat human traffickers;
Amendment 330 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 q (new)
Paragraph 1 q (new)
1q. Reiterates the need to ensure that irregular migrants are granted the right to an effective remedy in the event of violations of their rights;
Amendment 335 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 v (new)
Paragraph 1 v (new)
1v. Calls on Member States to their legal obligation to recognise sexual orientation and gender identity as valid grounds for fear and provide adequate training for asylum professionals (such as interviewers and interpreters) in order to identify grounds for asylum that are specific to LGBTI persons;
Amendment 337 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 x (new)
Paragraph 1 x (new)
1x. Urges Member States to ensure that the complexity of LGBTI-related claims are properly taken into account in procedures based on the concept of safe third country, the concept of safe country of origin, the concept of first country of asylum or the notion of subsequent applications, including a thorough assessment taking into account the general situation of LGBTI persons in the third countries concerned;
Amendment 354 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States, in the spirit of solidarity, to participate fully in the resettlement programmes;
Amendment 376 #
2016/2009(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned about the conditions of detention of unaccompanied minors and calls on the Member States to take the necessary measures to effectively protect this vulnerable category;
Amendment 401 #
2016/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States and the EU to put in place a suitable and reliable system for the harmonised collection of data (name, age, nationality, gender, accompanied or unaccompanied, point of entry) for the identification, registration and recording of refugee children arriving in Europe at each stage of their journey;
Amendment 462 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission and Member States to ensure that all measures undertaken in the fight against terrorism and radicalisation are in full respect of the principles of democracy, the rule of law and fundamental rights, especially the right to a legal defence, the presumption of innocence, the right to a fair trial, and the right to respect for privacy and protection of personal data;
Amendment 494 #
2016/2009(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that data collection on child trafficking should be based on a common definition of this crime phenomenon; recalls that some Member States consider child trafficking a separate form of exploitation and others include child victims with adults hindering the possibility of creating a comprehensive intelligence picture and of defining the best investigative responses at the EU level;
Amendment 504 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Emphasises that the EU's legal and political framework recognises that trafficking is a gender-specific phenomenon, and calls on Member States to adopt gender-specific measures; recalls that Article 1 of the Directive stresses the need to adopt a gender-sensitive approach to trafficking in human beings; highlights that women and men, girls and boys are vulnerable in different ways, and are often trafficked for different purposes, and that prevention, assistance and support measures must therefore be gender-specific; points out, further, that the EU strategy identifies violence against women and gender inequalities as being among the root causes of trafficking, and lays down a series of measures to address the gender dimension of trafficking;
Amendment 506 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that the gender dimension must be consistently monitored in the implementation of EU anti-trafficking legislation, and urges the Commission to continue to monitor this in its assessment of Member States' compliance and implementation of the Directive 2011/36/EU; stresses that the cumulative effect of different types of discrimination on the grounds of sexual orientation or gender identity makes LGBTI persons particularly vulnerable to trafficking in human beings; calls on the Member States to address the unique needs of LGBTI persons; calls on the Commission to promote the exchange of best practices in this regard;
Amendment 508 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls for greater priority and resources to be given by Europol and national police forces to the prosecution of those facilitating human trafficking, paying special attention to raising awareness among police forces and the general public alike about new forms of human trafficking;
Amendment 509 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Calls on the Member States to actively include social partners, the private sector, trade unions and civil society, particularly NGOs working to combat trafficking and provide assistance to victims, in their initiatives to prevent trafficking in human beings, particularly in the field of labour exploitation, including as regards the identification of victims and awareness-raising activities;
Amendment 537 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 g (new)
Paragraph 12 g (new)
12g. Calls on the Commission to review of European legislation against hate speech and hate crime expanding it to the grounds of religion, disability, sexual orientation and gender identity; in order to fully cover all forms of hate crimes and crimes committed with a bias or discriminatory motive related to the victims' personal characteristics, and to clearly define consistent investigation and prosecution standards;
Amendment 608 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Freedom of expression and information (title) Stresses that freedom of expression, information and the media are fundamental to ensuring democracy and the rule of law;
Amendment 617 #
Amendment 622 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 h (new)
Paragraph 15 h (new)
15h. Urges the EU and the Member States to combat and prosecute all forms of violence and discrimination against women; calls on the Member States in particular to deal effectively with the effects of domestic violence and sexual exploitation in all its forms, including that of refugees and migrant children, and early or forced marriage; calls on Member States to exchange best practices among each other and to provide regular trainings for police and judicial staff on new forms of violence against women, such as stalking, cyber-harassment or revenge porn;
Amendment 674 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18α. Expresses serious concern about continuing genital mutilation practices, which are a serious form of violence against women and girls and constitute an unacceptable violation of their right to physical integrity; urges the Member States to take the necessary measures to end this barbarous practice as soon as possible;
Amendment 685 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Calls on the Member States, in liaison with the Commission, to recognise the right to access safe and modern contraceptives and sexuality education in schools; urges the Commission to complement national policies to improve public health, while keeping the European Parliament fully informed;
Amendment 689 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18 g. Regrets that LGBTI persons experience widespread bullying and harassment that starts already at school, and suffer discrimination at work, housing, social services and access to other goods and services;
Amendment 702 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 t (new)
Paragraph 18 t (new)
18 t. Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects and free circulation of all civil status documents of all individuals, couples and families (including established through marriage and registered partnerships, legal sex changes and adoption and birth certificates) across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 717 #
2016/2009(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for aondemns unequivocally all focurms onf violence against childret and abusive child victimisation at all levels, from homes to schools, public places and detention centres for migrants and calls on the Member States to take appropriate measures to protect children from all forms of physical and psychological violence, including physical and sexual abuse, sexual exploitation, child labour and compulsory marriages;
Amendment 768 #
2016/2009(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on Member States to protect freedom of religion or belief, including the freedom of those without a religion not to suffer discrimination as a result of excessive exemptions for religions from laws on equality and non-discrimination;
Amendment 832 #
2016/2009(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that children with disabilities disproportionately experience a variety of human rights violations, including the denial of access to basic services such as education and healthcare or placement in institutions away from their families and communities, and are at a higher risk of becoming victims of violence, sexual abuse, exploitation and other forms of ill- treatment and abuse; highlights the need for comprehensive policy action by the EU and the Member States to ensure the thorough implementation of the UN Convention on the Rights of the Child, in conjunction with the CRPD;
Amendment 843 #
2016/2009(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls on Member States to provide accessible solutions to refugees with disabilities;
Amendment 864 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39α. whereas the Charter of Fundamental Rights states that the elderly have the right ‘to lead a life of dignity and independence and to participate in social and cultural life’;
Amendment 254 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including where appropriate, biometric identifiers as referred to in Article 22 and in Article 40, entered in SIS allowing the competent authorities to identify a person or an object with a view to taking specific action;
Amendment 260 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Amendment 280 #
2016/0409(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy are, by means of automatic updates referred to in Article 4(4), identical to and consistent with the SIS database, and that a search in its national copy, which will be established voluntarily by the Member State, produces a result equivalent to that of a search in the SIS database. EIn so far as this is possible, end-users shall receive the data required to perform their tasks, in particular all data required, where necessary, all available data which would allow for the identification of the data subject and to takeallow the required action to be taken.
Amendment 351 #
2016/0409(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where a Member State considers that to give effect to an alert entered in accordance with Articles 26, 32, 36 and 3640 is incompatible with its national law, its international obligations or essential national interests, it may subsequently require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. The flag shall be added by the SIRENE Bureau of the issuing Member State.
Amendment 414 #
2016/0409(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 420 #
2016/0409(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 214 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Amendment 236 #
2016/0408(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy, which will be established voluntarily by the Member State, are, by means of automatic updates referred to in Article 4(4), identical to and consistent with the SIS database, and that a search in its voluntary national copy produces a result equivalent to that of a search in the SIS database. EIn so far as this is possible, end-users shall receive the data required, to perform their tasks, in particular all data requirednd where necessary, all the available data which would allow for the identification of the data subject and to takewhich would allow the required action to be taken.
Amendment 247 #
2016/0408(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the national supervisory authority.
Amendment 249 #
2016/0408(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data-security, data-protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties laid down in accordance with Article 49a of this regulation.
Amendment 314 #
2016/0408(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a Member State considers granting a residence permit or other authorisation offering a right to stay to a third-country national who is the subject of an alert for refusal of entry and stay entered by another Member State, it shall first consult the issuing Member State through the exchange of supplementary information and shall take account of the interests of that Member State. The issuing Member State shall provide a definite reply prefarably within seven days. Where the Member State considering granting a permit or other authorisation offering a right to stay decides to grant it, the alert for refusal of entry and stay shall be deleted.
Amendment 42 #
2016/0382(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In particular, increasing technological improvements, incentives for the use and expansion of public transport, the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity, heating and cooling sectors as well as in the transport sector as well as energy intensive industries (so called sectoral integration) are very effective tools, together with energy efficiency measures, for reducing greenhouse gas emissions in the Union and the Union's dependence on imported gas and oil.
Amendment 119 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point uu a (new)
Article 2 – paragraph 2 – point uu a (new)
(uu a) ‘sectoral integration’ means the integration of the power sector with the transport heating and cooling sector through the usage all carriers of energy e.g. electricity and hydrogen;
Amendment 126 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support for electricity from renewable sources shall be designed so as to integrate electricity from renewable sources in the electricity market, to establish sectoral integration and ensure that renewable energy producers are responding to market price signals and maximise their market revenues.
Amendment 132 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State's gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,85% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change, in accordance with Annex VIII and Directive 2015/1513. Biofuels and bioliquids, if produced from food or feed crops, that produce more greenhouse gas emission than their fossil fuel equivalent, shall not be allowed to be included in the calculation of a Member State's gross final consumption of energy from renewable energy sources from 2025 onwards.
Amendment 161 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1 – point b – point i a (new)
Article 19 – paragraph 7 – subparagraph 1 – point b – point i a (new)
(ia) green hydrogen, or
Amendment 190 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 2 a (new)
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 2 a (new)
For the calculation of renewable electricity used in road vehicles, only electricity from renewable energy sources shall be taken into account consumed at dedicated charging stations and shall be considered to be three times of their energy content.
Amendment 618 #
2016/0357A(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Amendment 620 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 625 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the automated processing laid down in Article 18(2) to (5) reported one or several hit(s), the application shall be processed manually by the ETIAS National Unit of the responsible Member State. Theat ETIAS National Unit shall have access to the application file and the linked application file(s), if any, as well as to all the hits triggered during the automated processing laid down in Article 18(2) to (5). The ETIAS Central Unit shall inform the ETIAS National Unit of the responsible Member State whether one or several other Member states or Europol were identified as having entered or supplied the data that triggered the hit pursuant to Article 18(2) or (4). Where one or several Member states were identified as having entered or the data that triggered such hit, the ETIAS Central Unit shall also specify the Member states concerned.
Amendment 630 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point a
Article 22 – paragraph 4 – point a
(a) where the hit corresponds to one or several of the categories laid down in Article 18(2)(a) toand (c), refuse a travel authorisation.
Amendment 638 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point b
Article 22 – paragraph 4 – point b
(b) where the hit corresponds to one or several of the categories laid down in Article 18(2) (b) and (d) to (m), assess the security or irregular llegal immigration risk and decide whether to issue or refuse a travel authorisation.
Amendment 644 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregular security, illegal immigration, security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 652 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregular security, illegal immigration, security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 36 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement or consent of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject- matter are used as well as their possibilities to get an appropriate remuneration for it. The providers of the user uploaded content services claim that their services are covered by the safe harbor exemption of Directive 2000/31/EC of the European Parliament and of the Council1a and either refuse to enter into licensing agreements or underpay creators, whilst at the same time they directly compete with fully licensed content providers for the same users and revenues. Those services therefore conflict with the normal exploitation of copyright protected works and subject-matter and drive down the overall value of creative content online _________________ 1a Directive2000/31/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 (‘Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).
Amendment 50 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 58 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. An information society service provider should be obliged to acquire licenses for copyright protected content regardless of whether he has editorial responsibility for that content. The licenses acquired by service providers from right holders should be deemed to cover all the acts of their users, provided that they are acting for non-commercial purposes. This would provide legal certainty for individual users of such services whilst clarifying the liability of platforms.
Amendment 73 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, or to prevent the availability of works or other subject- matter identified by righholders on the services of information society service providers, those providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 77 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. Those technologies should not require the identity of individual users uploading content to be disclosed and should not process data relating to individual users, in accordance with Directive 95/46/EC of the European Parliament and of the Council1a, Directive 2002/58/EC of the European Parliament and of the Council1b and Regulation (EU) 2016/679 of the European Parliament and of the Council1c. On the contrary it should be limited to preventing the availability of specifically identified and duly notified works based on the information provided by rightholders and should not, therefore, lead to a general monitoring obligation. ____________________ 1a Directive95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1996, p. 31). 1b Directive2002/58/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). 1cRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 103 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and/or giving access to largesignificant amounts of works and other subject-matter uploaded by their users
Amendment 114 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to largesignificant amounts of works or other subject-matter uploaded by their users shall conclude licensing agreements with rightholders. Those providers shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter. Rightholders shall provide information society service providers with the reference file, metadata or any information necessary to ensure the effective functioning of those measures.
Amendment 133 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Information society service providers that take measures referred to in paragraph 1, shall ensure that such measures are in full compliance with Directive 95/46/EC and Directive 2002/58/EC, and the Regulation (EU) 2016/679.
Amendment 39 #
2016/0276(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The extended EFSI should address remaining market failures and sub-optimal investment situations and continue to mobilise private sector financing in investments crucial for Europe’s future job creation – including for the youth –, growth and competitiveness with strengthened additionality. They include investments in the areas of energy, environment and climate action, social and human capital and related infrastructure, healthcare, research and innovation, cross- border and sustainable transport, the development of SMEs activities in the tourism sector, as well as the digital transformation. In particular, the contribution of operations supported by the EFSI to achieving the Union's ambitious targets set at the Paris Climate Conference (COP21) should be reinforced. Energy interconnection priority projects and energy efficiency projects should also be increasingly targeted. In addition, EFSI support to motorways should be avoided, unless it is needed to support private investment in transport in cohesion countries or in cross-border transport projects involving at least one cohesion country. For reasons of clarity, although they are already eligible, it should be explicitly laid down that projects in the fields of agriculture, fishery and aquaculture come within the general objectives eligible for EFSI support.
Amendment 18 #
2016/0231(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to meet the Paris Agreement objectives and long term targets the scope of this Regulation should cover greenhouse gas emissions reduction targets after 2030.
Amendment 22 #
2016/0231(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to comply with Articles 4 and 14 of the Paris Agreement, the Union should make progressively stronger efforts and submit every five years a contribution reflecting its highest possible ambition. Accordingly, this Regulation includes a review clause to establish new targets for scaling up Union's commitments. To ensure that Union target adjustments are in line with the Paris Agreement's global stocktake mechanism, the review should be comprehensive taking into account the best available science.
Amendment 23 #
2016/0231(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In order to ensure a comprehensive retching up system in line with the Paris Agreement and taking into account the experience of the European Environmental Agency in promoting the incorporation of European environmental information into international monitoring programmes and providing comprehensive assessment of the state of the environment in Europe, the review clause should be based on a preparatory and independent report from the European Environmental Agency.
Amendment 25 #
2016/0231(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Broad use of renewable and carbon-free energy sources in the transport sector and a shift towards electric vehicles will drastically contribute to the CO2 emission reduction target, in line with the goals of the Paris Agreement.
Amendment 27 #
2016/0231(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The approach of annually binding national limits taken in Decision No 406/2009/EC of the European Parliament and of the Council19 should be continued from 2021 to 2030, with the start of the trajectory calculation in 202017 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each Member State. An adjustment to the allocation in 2021 is provided for Member States with both a positive limit under Decision 406/2009/EC and increasing annual emission allocations between 2017 and 2020 determined pursuant to Decisions 2013/162/EU and 2013/634/EU, to reflect the capacity for increased emissions in those years. The European Council concluded that the availability and use of existing flexibility instruments within the non-ETS sectors should be significantly enhanced in order to ensure cost- effectiveness of the collective Union effort and convergence of emissions per capita by 2030. _________________ 19 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
Amendment 46 #
2016/0231(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down obligations on the minimum contributions of Member States to meeting the greenhouse gas emission reduction commitment of the Union for the period from 2021 to 2030to fulfil Union and Member States commitments under the Paris Agreement, rules on determining annual emission allocations and for the evaluation of Member States' progress towards meeting their minimum contributions.
Amendment 48 #
2016/0231(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Amendment 59 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 202017 on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.
Amendment 84 #
2016/0231(COD)
6a. 3. The revenues generated from this project based mechanism, or the equivalent in financial value of these revenues, shall be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to develop renewable energies, to encourage a shift to low-emission and public forms of transport and/or to finance research and development in energy efficiency and clean technologies in the sectors covered by this Regulation.
Amendment 253 #
2016/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
For the purposes of this Regulation 'resettlement' means the admission of third- country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the Member States with a view to granting them international protection upon referral from UNHCR or Member States.
Amendment 273 #
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 ofneed for third-country nationals and stateless persons in need of international protection to travel irregularly to the territory of the Member States;
Amendment 276 #
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, thereby increasing the overall number of resettlement places available in the Member States.
Amendment 279 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the implementingdelegated acts referred to in Articles 7 and 8, the following factors shall be taken into consideration:
Amendment 284 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the number of persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the Member Stateseligible for resettlement as indicated by the UNHCR;
Amendment 285 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) The number of vulnerable third- country nationals or stateless persons who are in need of international protection, especially those in protracted refugee situations;
Amendment 330 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii – point i (new)
Article 5 – paragraph 1 – point a – point ii – point i (new)
(i) third-country nationals or stateless persons with a right to international protection who are outside the country of nationality and are not able to integrate in the host country or to return to the country of nationality and for whom no durable solutions are available, especially those in protracted refugee situations;
Amendment 346 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6
Article 5 – paragraph 1 – point b – point i – indent 6
Amendment 352 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) family members of third-country nationals or stateless persons or Union citizens legally residing in a Member State, only if other legal alternatives, such as family reunification under Council Directive 2003/86/EC, do not apply:
Amendment 387 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) persons for whom there are reasonable grounds for considering that they are a danger to the community, public policy, security, or public health or the international relations of the Member State examining the resettlement file, including where a second Member State has required the Member State examining the resettlement file to consult that second Member State during the examination in relation to specific third- country nationals or stateless persons or specific categories of third-country nationals or stateless persons, that second Member State has justifiably objected to their resettlement on these grounds, stipulated in a reasoned opinion;
Amendment 439 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall adopt implementing actsdelegated acts in accordance with Article 14, supplementing this Regulation, in order to establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2), in accordance with paragraph 2.
Amendment 464 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point b
Article 10 – paragraph 1 – subparagraph 2 – point b
Amendment 474 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
After third-country nationals and stateless persons have been identified by UNHCR, according to UNHCR priorities and vulnerable categories, and referred to the Member States for resettlement, the Member States shall assess whether the third-country nationals or the stateless persons referred to in paragraph 2 meet the eligibility criteria set out in Article 5 and whether they are not excluded in accordance with Article 6(1).
Amendment 510 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) 'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;, where an organization is appointed as a representative, it shall designate a person responsible for carrying out the duties of representative in respect of the unaccompanied minor, in accordance with Directive 2013/33.
Amendment 516 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) 'withdrawal of international protection' means the decision by a determining authority to revoke, end or refuse to renew refugee status or subsidiary protection status of a person in accordance with the [Qualification Regulation];
Amendment 568 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The applicant shall make and lodge his or her application in the Member State of first entry or, where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 of Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 630 #
2016/0224(COD)
3. The determining authority shall provide applicants with the services of an interpreter for submitting their case to the determining authority as well as to courts or tribunals whenever appropriate communication cannot be ensured without such services. The interpretation services shall be paid for from public fundfree for applicants.
Amendment 727 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where the application is examined in accordance with the accelerated examination procedure, the determining authority may grant access to the report or the transcript of the recording at the same time as thebefore a decision is made.
Amendment 836 #
2016/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child or when the minor is at such an early age that a personal interview would not be meaningful. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 879 #
2016/0224(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be paid for from public fundsfree.
Amendment 921 #
2016/0224(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection orally or in written form or asks not to be deported or returned to a third country because of fear of persecution or risk of serious harm to officials of the determining authority or other authorities referred to in Article 5(3) or (4).
Amendment 923 #
2016/0224(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
Amendment 930 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – introductory part
Article 27 – paragraph 1 – subparagraph 1 – introductory part
The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than three workingen days from when it is made. They shall register also the following information:
Amendment 932 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – point a
Article 27 – paragraph 1 – subparagraph 1 – point a
(a) the name, date of birth, gender, nationality and other personal details of the applicant;, family status
Amendment 950 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant shall lodge the application within ten working daysone month from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.
Amendment 956 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time- limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one month from the date when the application is registered.whenever this is possible and under priority
Amendment 987 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 2 shall be valid for a period of sixat least two weeks but no more than 12 months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
Amendment 1010 #
2016/0224(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1
Article 30 – paragraph 3 – subparagraph 1
Organisations and persons accredited under national law for providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.
Amendment 1148 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
Amendment 1150 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
Amendment 1152 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
Amendment 1156 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 1163 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 1205 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of onthree months from the date when the written notice is sent.
Amendment 433 #
2016/0223(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the concept of religion shall, in particular, include the holding of theistic, non-theistic and atheistic beliefs,theistic or non-theistic beliefs, include the holding of manifestation of and the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief;
Amendment 387 #
2016/0222(COD)
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 1 – point b a (new)
Article 17 – paragraph 9 – subparagraph 1 – point b a (new)
(ba) material reception conditions, as provided for in this Article, are not available in a certain geographical area.
Amendment 388 #
2016/0222(COD)
Proposal for a directive
Article 17 – paragraph 9 – subparagraph 1 – point b b (new)
Article 17 – paragraph 9 – subparagraph 1 – point b b (new)
(bb) the Member State is confronted by an emergency situation characterised by a sudden inflow of nationals of third countries
Amendment 138 #
2016/0176(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 188 #
2016/0176(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. Member States should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies. Members States should involve the social partners before introducing a salary threshold.
Amendment 292 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point η
Article 2 – paragraph 1 – point η
(h) “higher education qualifications” means any diploma, certificate or other evidence of formal qualifications issued by a competent authority and recognised by the Member State authorities attesting the successful completion of a post-secondary higher education or equivalent tertiary education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution or equivalent tertiary educational institution by the State in which it is situated, where the studies needed to acquire those qualifications lasted at least three years and correspond at least to ISCED 2011 level 6 or to EQF level 6, according to national law;
Amendment 297 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point ι
Article 2 – paragraph 1 – point ι
(j) “professional experience” means the actual and lawful pursuit of the profession concerned, as evidenced by supporting documentation;
Amendment 304 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) ‘threat to public health’ means any disease with epidemic potential as defined by the International Health Regulations of the World Health Organization and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States.
Amendment 355 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions laid down in paragraph 1, the gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer shall not be inferior to the salary threshold set and published for that purpose by the Member States. The salary threshold set by the Member States shall be at least 1.0 times but not higher than 1.4 times the average gross annual salary in the Member State concerned. Member States shall involve the social partners before introducing a salary threshold.
Amendment 371 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
Amendment 424 #
2016/0176(COD)
Proposal for a directive
Article 7 – paragraph 1 – point α a (new)
Article 7 – paragraph 1 – point α a (new)
(aa) the third-country national is considered to pose a threat to public policy, public security or public health, a threat which can be objectively established;
Amendment 450 #
2016/0176(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The EU Blue Card can only be withdrawn after the Blue Card holder is duly notified by the responsible authorities. Notification must occur at least 60 days before the day of withdrawal.
Amendment 515 #
2016/0176(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Unemployment in itself shall not constitute a reason for withdrawing an EU Blue Card, unless the period of unemployment exceeds three consecutive months, or where the unemployment occurs more than once during the period of validity of an EU Blue Card. However, the EU Blue Card shall not be withdrawn where the third-country national: (a) is temporarily unable to work as the result of an illness or accident; (b) is in duly recorded involuntary unemployment and has registered as job- seeker with the relevant employment office; (c) begins vocational training which, unless the third-country national concerned is involuntarily unemployed, shall be related to the previous employment;
Amendment 572 #
2016/0176(COD)
Proposal for a directive
Article 20 – paragraph 4 – point γ a (new)
Article 20 – paragraph 4 – point γ a (new)
(ca) where the third-country national is considered to pose a threat to public policy, public security or public health, a threat which can be objectively established.
Amendment 21 #
2016/0172(COD)
Proposal for a directive
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. In the case of pre-commencement inspections, a Member State may waive certain requirements, or procedures, laid down in, or set out in, Annexes I and II relevant to any annual flag State survey or inspection carried out, within the previous six months, in respect of which the relevant procedures and guidelines for surveys as specified in HSSC or procedures designed to achieve the same goal have been followed. Member States shall transfer the relevant information to the inspection database in accordance with Article 10.
Amendment 30 #
2016/0172(COD)
Proposal for a directive
Article 14 – paragraph 1 – point 3 a (new)
Article 14 – paragraph 1 – point 3 a (new)
Directive 2009/16/EC
Article 14 a – paragraph 4a (new)
Article 14 a – paragraph 4a (new)
4 a. The inspector of the competent authority of the port State may agree, during an inspection of a ro-ro passenger ship or high-speed passenger craft, to be accompanied by a port State control inspector of another Member State, who shall act in the capacity of an observer. Where the flag of the vessel is that of a Member State, the port State shall, upon request, invite a representative of the flag State to accompany the inspection as an observer.
Amendment 25 #
2016/0171(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) Member States should be allowed to maintain existing possibilities to lower the 20 mile threshold for recording and reporting the list of persons on board. This could include voyages where passenger ships carrying a high number of passengers make successive calls between ports at a distance of less than 20 miles during the course of a single longer voyage. In such cases, Member States should be allowed to lower the 20 mile threshold so as to make it possible to record the information required by this Directive for passengers on board having embarked in the first or intermediate ports.
Amendment 47 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 98/41/EC
Article 5 – paragraph 1 – indent 5
Article 5 – paragraph 1 – indent 5
- their yeardate of birth,
Amendment 75 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 98/41/EC
Article 10 – subparagraph 3 – point a
Article 10 – subparagraph 3 – point a
(a) until the moment the ship's voyage in question has been safely completed48 hours after the safe arrival of the ship to its destination; or
Amendment 17 #
2016/0170(COD)
Proposal for a directive
Recital 1
Recital 1
(1) To maintain a high level of safety and passenger confidence provided by common safety standards defined by Directive 2009/45/EC of the European Parliament and of the Council16 and to preserve level playing field, the application of that Directive should be improved. Directive 2009/45/EC should apply only to passenger ships and craft for which its safety standards have been designed. A number of specific ship types should be therefore excluded from its scope, such as tenders, sailing ships or ships transporting trained personnel engaged in business of the ship or offshore installations. _________________ 16 Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).
Amendment 28 #
2016/0170(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) Due to the specific geographical and weather characteristics and the high number of islands that need to be served regularly and frequently in Greece, both from the mainland or from other Greek islands, and the ensuing high number of possible maritime connections, Greece should be allowed to derogate from the requirement of establishing sea areas. Instead, Greece should be allowed to classify passenger ships according to the specific sea route in which they operate, while maintaining the same criteria for classes of passenger ships and the same safety standards.
Amendment 48 #
2016/0170(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Directive 2009/45/EC
Article 4 – paragraph 2 – point a – subparagraph 1 a (new)
Article 4 – paragraph 2 – point a – subparagraph 1 a (new)
(b a) By way of derogation, Greece may establish, and, when necessary, update, a list of sea routes instead of establishing, or updating, a list of sea areas. In doing so, Greece shall use the corresponding criteria for categories set out in paragraph 1.
Amendment 117 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to violate human dignity and any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation.; (b) any incitement to commit terrorist acts or the glorification of such acts.
Amendment 137 #
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 all minors from content which may impair their physical, mental or moral development;
Amendment 140 #
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, descent or national or ethnic origin.and audiovisual commercial communication violating human dignity and containing incitement to violence or hatred based on sex, nationality, racial or ethnic origin, religion or belief, disability, age or sexual orientation;
Amendment 146 #
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 a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) protect all citizens from content inciting to commit terrorists acts or the glorification of such acts;
Amendment 147 #
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 b (new)
Article 28 a – paragraph 1 – point b b (new)
(bb) protect all citizens from content which may impair their physical or mental development.
Amendment 89 #
2016/0149(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Due to the international nature of postal and parcel sector, the further development of European and international technical standards is important for the benefit of users and the environment, and to broaden market opportunities for businesses.
Amendment 90 #
2016/0149(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) Article 47 of the Charter of Fundamental Rights of the European Union provides that everyone whose rights under Union law are violated shall have the right to an effective remedy and Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices;
Amendment 343 #
2016/0149(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Transparent and non-discriminatory cross- border access for small and medium sized enterprises
Amendment 345 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Whenever universaCross-border parcel service delivery providers providing parcel delivery services conclude multilateral agreements on thaving a dominant position within the relevant market and with a network coverminal rates they shall meet all reasonable requests forg at least the largest part of the territory of a Member State shall meet all reasonable requests for access that are made by parcel delivery service providers defined as small and medium sized enterprises, in accordance with the Commission Recommendation 2003/360/EC, and that concern access to all network elements and associated facilities as well as relevant services and information systems, necessary for the provision of cross-border parcel delivery services.
Amendment 351 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The point at which access should be provided shall be the inward office of exchange in the destination Member State, unless the Parties agree on an alternative point in the network.
Amendment 353 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Universal serviceCross-border parcel service delivery providers referred to in paragraph 1 shall publish a reference offer. The reference offer shall contain all the relevant associated terms and conditions, including prices.
Amendment 357 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Universal serviceCross-border parcel service delivery providers referred to in paragraph 1 shall upon request, and based on a reference offer, make an individual offer available to a parcel delivery service provider requesting access within the meaning of that paragraph at the latest one month after the receipt of the request. Universal serviceCross-border parcel service delivery providers receiving an access request and providers requesting access shall negotiate in good faith.
Amendment 360 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requesting access may submit the individual offer made by the universal servicecross-border parcel service delivery provider to the national regulatory authority. If necessary, the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this Article.
Amendment 363 #
2016/0149(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Provision of information to users by traders 1. All traders concluding sales contracts with users that include the sending of cross-border parcels shall make available to users at the pre-contractual stage, the following information: (a) Cross-border delivery options offered, including any choice of providers, track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including to opt-out of non- attended delivery and to arrange redelivery or collection times where applicable; (b) Details of their own and relevant parcel service provider complaints processes, of alternative dispute resolution mechanisms including the EU online platform established by Regulation 524/13/EU and of the European Consumer Centres Network; (c) Prices charged by them to users for cross-border parcel delivery; 2. The information referred to in paragraph 1 shall form an integral part of the contract and shall not be altered unless the contracting parties expressly agree otherwise.
Amendment 365 #
2016/0149(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Confidentiality provision Any information regarding terminal rates provided in accordance with this Regulation to national regulatory authorities and to the Commission shall be treated in the strictest confidence as falling within the obligations of professional secrecy under Article 339 TFEU, and undertakings providing such information shall be entitled to require specific written guarantees to this effect in advance of its provision.
Amendment 127 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data. The Agency should also develop information material, in cooperation with the relevant authorities of the Member States. The Agency should gradually become responsible for the transfer of applicants for, or beneficiaries of, international protection under this Regulation.
Amendment 141 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 154 #
2016/0133(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings, the grandparents of the applicant or beneficiary of international protection and the grandchildren of the applicant. Reuniting siblings the grandparents of the applicant or beneficiary of international protection and the grandchildren of the applicant is of particular importance for improving the chances of integration of applicants and hence reducing secondary movements. The scope of the definition of family member 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 definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some secondary movements of asylum seekers within the EU.
Amendment 162 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not be in the best interests of the childWhen the applicant is a minor who is accompanied by a parent, an adult sibling or another adult responsible for the minor, the legal presence of another parent or adult responsible for him or her in a Member State should also become a binding responsibility criterion. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individualised guarantees from thate Member State where the minor will be transferred that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transferon responsibility in accordance with this Regulation concerning an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise. which shall involve, at a minimum, his or her guardian and legal advisor or counsellor
Amendment 165 #
2016/0133(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined Member State should be able to derogate from the responsibility criteria and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 170 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements betweenits swift implementation, procedures should be put in place to ensure the cooperation of applicants and Member States, wit is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are coverh a clear system of incentives and disincentives to ensure compliance. It is also necessary to ensure that all applicants are appropriately informed of the application of this Regulation. The support and protection of minors, in particular unaccompanied minors, should be strengthened.
Amendment 178 #
2016/0133(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to significantly improve the provision of information. Investing in the early provision of accessible information to applicants will greatly increase their possibilities to understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requirements and make effective use of common resources the European Union Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Agency should make full use of modern information technologies when developing that material. In order to properly assist asylum seekers the Agency should also develop audio-visual information material that can be used as a complement to written information materials. The Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.
Amendment 183 #
2016/0133(COD)
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible . As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them and of the possibility of presenting all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.
Amendment 191 #
2016/0133(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible on the basis that he has a family member or, for unaccompanied minors, a relative in another Member State. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 196 #
2016/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 202 #
2016/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and which shall fully respect the person's fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.
Amendment 209 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shoppingfacilitate implementation of this Regulation. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.
Amendment 230 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism, in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for whichorder to implement the principles of solidarity and fair sharing of responsibility on asylum among Member States enshrined in Article 80 TFEU. The application of the allocation mechanism should be permanent and automatic, whenever a Member State is responsible exceeds 150% of the figurcould not be identified in the reference keytermined according to the criteria set out in Chapter III and IV of this Regulation. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for which the Member State is responsible, for the purposes of this calculation.
Amendment 239 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) When the allocation mechanism applies, the applicants who lodged their applications in the benefittdetermining Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should deterexamine the Member State responsible, andapplication, unless new elements demonstrates that another Member State should become responsible for examining the application, unless the overriding responsible criteria, relateaccording to the criteria set out in Chapter III and IV of this Regulation, and in particular those related to the presence of family members, determine that a different Member State should be responsible.
Amendment 240 #
2016/0133(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 251 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 272 #
2016/0133(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of a common vulnerability certificate, including relevant information on the follow-up of cases with traumatic background; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 283 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 286 #
2016/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down the criteria and mechanisms for determining the single 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 (‘the Member State responsible’).
Amendment 289 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, including stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons and who is not national of a State which participates in this Regulation by virtue of an agreement with the Union;
Amendment 292 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons who has made an application for international protection in respect of which a final decision has not yet been taken;
Amendment 295 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 305 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor childrensons and daughters of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 309 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is presentthe mother and the father of the applicant or beneficiary of international protection,
Amendment 315 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when theif the applicant or beneficiary of international protection is a minor and unmarried, the famother, mothe father or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 327 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the grandparents of the applicant or beneficiary of international protection;
Amendment 328 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 b (new)
Article 2 – paragraph 1 – point g – indent 5 b (new)
- the grandchildren of the applicant;
Amendment 330 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 332 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child and exercising legal capacity fhis or the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulationr general well-being in all procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;
Amendment 342 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p a (new)
Article 2 – paragraph 1 – point p a (new)
(pa) - 'sponsor' means a European citizen , or a third country national legally residing in a Member State for a period of at least one year, or an entity registered, that respect the requirements set out in the delegated act referred to in Article 18a, paragraph 3.
Amendment 344 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q – introductory part
Article 2 – paragraph 1 – point q – introductory part
(q) ‘'resettled person’' means a person subject to thea process of resettlement whereby, on a request frombased on a person's need for international protection by the United Nations High Commissioner for Refugees (‘'UNHCR’) based on a person’s need for international protection') or by other entities or sponsors having concluded a dedicated agreement with the relevant Members State's authorities, third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses:
Amendment 353 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III, IV and VII indicate is responsible.
Amendment 358 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining itshall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 362 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants applicant's fundamental rights would be violated in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 364 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III or to the first Member State with which the application was lodged, the determining Member State shall become the Member State responsible, the Member State responsible shall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 371 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 376 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 382 #
2016/0133(COD)
Amendment 385 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 397 #
2016/0133(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The applicant shall submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member Statesll the available elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other elements provided by the applicant shall exceptionally be taken into consideration if the delay in submitting them is due to force majeure.
Amendment 400 #
2016/0133(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The applicant shall submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of ll the available elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible only insofar as they have been submitted before the set deadline of the Member State to submit the take charge request to another Member Sstates.
Amendment 406 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 417 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 428 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. As soon as an application for international protection is lodgedmade within the meaning of Article 21(27 ( Proposal for the Asylum Procedures Regulation ) in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 4 as well as the consequences of non-compliance set out in Article 5 , and in particular :
Amendment 430 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection;, except when provided within the allocation mechanism under the terms of Chapter VII.
Amendment 433 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) of the right for the applicant to provide information about the presence in any Member State of meaningful links relevant under the provisions of Chapter VII of this Regulation
Amendment 435 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined , in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;.
Amendment 439 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) of the provisions relating to family reunification, including the possibility provided by Article 13a, and in this regard on the applicable definition of family members and relatives as well as of the need for the applicant to disclose early in the procedure any relevant information that can help to establish the whereabouts of family members or relatives present in other Member States, as well as any assistance that the Member State can offer with regard to the tracing of family members, relatives, or other family relations.
Amendment 445 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) of the purpose of the personal interview pursuant to Article 7 and the obligation of submitting and substantiating information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such informations well as what information the applicant will be asked to submit for the purpose of determining responsibility, including for the application of the discretionary clause;
Amendment 450 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility and modalities to challenge a transfer decision within 7 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;and the right to have an effective remedy before a court or tribunal in accordance with Article 28, including in a situation where no transfer decision is taken.
Amendment 453 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 459 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understandand in an easily understandable form. Specific material should be provided for minors. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose. The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment.
Amendment 467 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, by means of implementing actEuropean Asylum Agency shall, in close cooperation with the responsible national agencies, draw up a common leaflet, as well as a specific leaflet for unaccompanied minors,information materials containing at least the information referred to in paragraph 1 of this Article. Thisat common leafletinformation material shall also include information regarding the application of Regulation (EU) [Proposal for a Regulation recasting Regulation No 603/2013] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common leafletinformation material shall include information on Member States for the purposes of the allocation mechanism under Chapter VII, and shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2) of this Regulatione European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 470 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 475 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant, unless the applicant has absconded or the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 6.
Amendment 480 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Member State may dispense with the personal interview where the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The Member State dispensing with the interview shall give the applicant the opportunity to present all further information which is relevant for correctly determining the Member State responsible before a final decision is taken to transfer the applicant to the Member State responsible pursuant to Article 30(1). In the period between the final decision and the actual transfer to a designated Member State, Member States shall exceptionally take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.
Amendment 481 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The personal interview shall take place in a timely manner and, in any event, before any take charge request pursuant to Article 24 is madedecision on the substance is taken.
Amendment 482 #
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. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 487 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 492 #
2016/0133(COD)
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/ or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 501 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leafletinformation materials for unaccompanied minors. The guardian shall be appointed as soon as possible, but at the latest within five days from the making of the application.
Amendment 504 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 517 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. situations of vulnerability, including abuse, trauma, specific health needs and disability;
Amendment 518 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. the need for decisions concerning children to be treated with priority;
Amendment 520 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, ton the Member State of allocation, the transf concerrning Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures refean unaccompanied minor shall be preceded by a multidisciplinary assessment of his/her best interests, carried to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to enout by the competent judicial or administrative authorities according to the national law of the Member State. The assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall involve competent staff with expertise in child rights, psychology and development and shall involve, at a minimum, the minor's guardian and legal advisor or counsellor. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the best inMember State restsponsible ofr the minor are taken into considerationMember State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 527 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 531 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 3
Article 8 – paragraph new5 – subparagraph 3
The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 533 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission shall, by means of a delegated act in accordance with this Article lay down the rules and procedures with regards to the transnational cooperation for the assessment of the best interests of the child. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 5 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 535 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter III, IV and VII of this Regulation.
Amendment 542 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Member State responsible in accordance with the criteria set out in thisese Chapters shall be determined on the basis of the situation obtaining when the applicant first lodged his or her application for international protection with a Member State.
Amendment 545 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. In view of the application of the criteria referred to in Articles 10 to 13a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 549 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, provided that it isunless it is demonstrated that this is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesinor, the Member State responsible shall be the Member State where the father, mother, grandparent or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 552 #
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 appliand if no other criteria set out in Chapter III and IV apply, including Articles 19 and 20, the Member State responsible shall be determined by the allocation mechanism set out in Chapter VII, provided that the minor should be always granted the choice among the Member States of possible allocation faccor dinternational protection, unless it is demonstrated that this is not in the best interests of the minorg to Article 36c. Any decision on the Member State responsible should be preceded by a multidisciplinary assessment of the best interests of the minor, including in case of allocation.
Amendment 559 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 564 #
2016/0133(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Family member in a Member State Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin , who is a third country national with a long-term residence permit residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 571 #
2016/0133(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) responsibility for examining the applications for international protection of all the family members and/or minor unmarried siblings shall lie with the Member State which the criteria indicate is responsible for taking charge of the largest number of them;
Amendment 572 #
2016/0133(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Family reunification procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indications that they are likely to have the right to family reunification in accordance with Articles 10, 11, 12 or 13. 2. In establishing whether there are sufficient indications that the applicant has family in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that the applicant has family members and/or relatives in that Member State in order to meet the requirements of paragraph 1. 3. If it is determined pursuant to paragraph 1 and 2 that an applicant likely has, prima facie, the right of family reunification in accordance with Articles 10, 11, 12 or 13 the determining Member State shall notify the Member State concerned thereof and the applicant shall be transferred to that Member State. 4. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 4 shall make the determination of whether the conditions for family reunifications in accordance with Article 10, 11, 12 or 13 are met. If it is determined that the conditions for family reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure in article 24a. 5. The authorities responsible of the Member State where the applicant claims to have family members and/or relatives present shall assist the authorities responsible of the determining Member State with answering any questions aimed at clarifying whether the alleged family links are correct. The absence of official documents issued by the State of origin cannot be the only reason for not declaring satisfied the requirements for family reunification, and other evidence should also be admitted, including the declarations from international organizations. 6. For the purposes of the procedures provided for in this Article, the Commission shall adopt an implementing act regarding the evidentiary requirements to prove relevant family links, including the type of proof or evidence required, including partial documentation issued by the State of origin or declarations from international organisations. A different understanding of such proof or evidence between the determining Member State and the Member State receiving the applicant shall not result in the applicant being subject to the procedure under Article 24a.
Amendment 576 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where the applicant is in possession of a valid residence document or a residence document which has expired less than two years before lodging the first application , the Member State which issued the document shall be responsible for examining the application for international protection.
Amendment 579 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application , the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council25 . In such a case, the represented Member State shall be responsible for examining the application for international protection. _________________ 25 Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas (OJ L 243, 15.9.2009, p. 1).
Amendment 587 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 596 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Where it is established, on the basis of proof or circumstantial evidence, that an applicant has crossed the border into the Member State where the application was lodged having come through another Member State, the Member State responsible for examining the application for international protection shall be determined in accordance with the procedure in Article 24a.
Amendment 601 #
2016/0133(COD)
Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be determining the Member State responsible for examining the application according to the criteria set out in Chapter III, IV and VII..
Amendment 602 #
2016/0133(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Centralised allocation mechanism When it is not possible to determine a Member State responsible according to the previous criteria under Chapters III and Articles 18, 18a and 19 do not apply, the Member State responsible shall be determined with the allocation mechanism set out in Chapter VII of this Regulation.
Amendment 603 #
2016/0133(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of originbefore the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. When the applicant is affected by a serious disease or inability and it is not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, Member States shall normally keep the applicant on the territory of the Member State in which the applicant is present, if the person concerned expressed his desire in writing.
Amendment 606 #
2016/0133(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Sponsorship 1. European citizen or third country national legally residing in a Member State for a period of at least one year, or an organisation, association or firm, that respect specific requirements set out in the delegated act referred to in paragraph 3, have the possibility to become the sponsor of an applicant for international protection who lodged an application in the EU. The individual or organisation sponsoring an applicant should provide for his or her transfer and his or her stay in the Member State where the sponsor resides, until the final decision on his or her application is adopted. 2. On the basis of a written request by the sponsor, with the acceptance of the applicant, the determining Member State shall notify it to the Member State where the sponsor resides. If the Member State accepts to take charge of the applicant, it shall become the Member State responsible, and the application should be counted within its reference number as defined in Article 35. 3. A delegated act adopted according to the procedure described in Article 57, paragraph 2, shall determine the formalities and the eligibility requirements to be satisfied by a sponsor and the other necessary implementing measures.
Amendment 612 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 630 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
(d) take back, under the conditions laid down in Articles 26 and 30, a third-country national or a stateless person whose application has been rejected at first instance and who made an application in another Member State or who is on the territory of another Member State without a residence document;
Amendment 633 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) take back, under the conditions laid down in Articles 26 and 30if a beneficiary of international protection, who made makes an application in another Member State than the Member State responsible which granted that protection status or who is on the territory of another Member State than the Member State responsible which granted that protection without a residence document, the Member State where he or she made the application should recognize its status of beneficiary of international protection granted by the other Member State.
Amendment 635 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In a situation referred to in point (a) or (b) of paragraph 1, the Member State responsible shall examine or complete the examination of the application for international protection.
Amendment 637 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 639 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In a situation referred to in point (c)the cases falling within the scope of paragraph 1,(c), when the Member State responsible shall treat any further representations or a new application by the applicanthad discontinued the examination of an application following its withdrawal by the applicant before a decision on the substance has been taken at first instance, that Member State shall ensure that the applicant is entitled to request that the examination of his or her application be completed or to lodge a new application for international protection, which shall not be treated as a subsequent application in accordance withas provided for in Directive 2013/32/EU. In such cases, Member States shall ensure that the examination of the application is completed.
Amendment 641 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. In a situation referred to in point (d) of paragraph 1, twhe decision taken by the responsible authority of the Member State responsible to reject the application shall no longer be subject to a remedy within the framework of Chapter Vre the applicant has been rejected at first instance only, the Member State responsible shall ensure that the person concerned has or has had the opportunity to seek an effective remedy pursuant to Article 46 of Directive 2013/32/EU.
Amendment 644 #
2016/0133(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Cessation of responsibilities 1. Where a Member State issues a residence document to the applicant, the obligations specified in Article 20(1) shall be transferred to that Member State. 2. The obligations specified in Article 20(1) shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible. 3. The obligations specified in Article 20(1)(c) and (d) shall cease where the Member State responsible can establish, when requested to take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 651 #
2016/0133(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. An applicant who is present in another Member State without a residence document or who there lodges an application for international protection after withdrawing his or her first application made in a different Member State during the process of determining the Member State responsible shall be taken back, under the conditions laid down in Articles 26 and 30, by the Member State with which that application for international protection was first lodged, with a view to completing the process of determining the Member State responsible. That obligation shall cease where the Member State requested to complete the process of determining the Member State responsible can establish that the applicant has in the meantime left the territory of the Member States for a period of at least three months or has obtained a residence document from another Member State. An application lodged after the period of absence referred to in the second subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 661 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The Member State with which the application is lodged shall search the VIS pursuant to Article 21 of Regulation (EC) 767/2008. Where a hit in the VIS indicates that the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application, the Member State shall indicate the visa application number and the Member State, the authority of which issued or extended the visa and whether the visa has been issued on behalf of another Member State.
Amendment 681 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
If none of the criteria set out in Chapter III and IV apply, the determining Member State should determine the Member State responsible with the allocation mechanism according to the procedure laid down in Chapter VII.
Amendment 686 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with the Member State in whichbe determined by the applillocation was lodgedmechanism under Chapter VII.
Amendment 696 #
2016/0133(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Submitting a take charge notification 1. Where an applicant is to be transferred to another Member State pursuant to Article 15 (1a) or Article 13a the Member State of allocation shall be determined randomly by the automated system referred to in Article 44 amongst the Member States according to Article 36c. 2. Once the Member State of allocation has been determined pursuant to paragraph 1, information to that effect shall be automatically entered into Eurodac and the Member State of allocation shall be informed by way of an automatic notification. 3. The Member State where the applicant is present shall inform the applicant of the determination pursuant to paragraph 2 and, in cooperation with the European Asylum Agency, of the modalities for the transfer. 4. The European Asylum Agency shall ensure the swift transfer of the applicant from the Member State where he or she is present to the Member State responsible. 5. The obligations set out in Article 39, 40, 41 and 42 shall apply mutatis mutandis
Amendment 697 #
2016/0133(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within one monthtwo weeks of receipt of the request.
Amendment 705 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In a situation referred to in Article 20(1)(b), (c), (d) or (ed) the Member State where the person is present shall make a take back notification at the latest within two weeks after receiving the Eurodac hit, and transfer that person to the Member State responsible .
Amendment 707 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1 a. Where the take back request is not made within the periods laid down in paragraph 2, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 721 #
2016/0133(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where the requested Member State accepts to take charge of an applicant , the requesting Member State shall notify the applicant in writing without delin 5 days of the decision to transfer him or her to the Member State responsible and, where applicable, of not examining his or her application for international protection.
Amendment 723 #
2016/0133(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the applicant or another person referred to in Article 20(1) (c), (d) or (ed) is to be taken back, the Member State where the person concerned is present shall notify the person concerned in writing without undue delay the decision to transfer him or her to the Member State responsible.
Amendment 724 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant or another person as referred to in Article 20(1)(c), (d) or (ed) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 726 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall provide for a reasonable period, of 7no less than 15 days, after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 731 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new4
Article 28 – paragraph new4
Amendment 736 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Where no transfer decision referred to in paragraph 1 is taken, Member States shall provide for an effective remedy before a court or tribunal, where the applicant claims that a family member or, in the case of unaccompanied minors, a relative is legally present in a Member State other than the one which is examining his or her application for international protection, and considers therefore that nother Member State as Member Stateis responsible for examining the application.
Amendment 739 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 744 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 2
Article 28 – paragraph 7 – subparagraph 2
Amendment 745 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 3
Article 28 – paragraph 7 – subparagraph 3
Amendment 746 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 4
Article 28 – paragraph 7 – subparagraph 4
Amendment 747 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 5
Article 28 – paragraph 7 – subparagraph 5
Legal assistance shall include at least the provision of information on the procedure in the light of the applicant´s individual circumstances, assistance in the preparation of relevant documentation and personal interview, including participation in the personal interview as necessary and the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation. Procedures for access to legal assistance shall be laid down in national law.
Amendment 751 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When there is a significant risk of absconding,In exceptional cases Member States may detain thea person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment andonly where the applicant has been intercepted after having tried to abscond or where it appears evident on the basis of his or her concrete behavior that he or she intends to abscond, and in any case only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Minors shall never be detained.
Amendment 756 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case it shall not exceed 3 months.
Amendment 758 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 2
Article 29 – paragraph 3 – subparagraph 2
Amendment 763 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Detention of applicants shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.
Amendment 764 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. As regards the detention conditions, which shall fully respect the person´s fundamental rights, and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.
Amendment 766 #
2016/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
The determining Member State whose take charge request referred to in Article 20(1) (a) was accepted or who made a take back notification referred to in Article 20(1) (b) to (ed) shall take a transfer decision at the latest within one week of acceptance or notification and transfer the applicant or the person concerned to the Member State responsible.
Amendment 768 #
2016/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (ed) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision .
Amendment 770 #
2016/0133(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The costs necessary to transfer an applicant or another person as referred to in Article 20(1)(c), (d) or (ed) to the Member State responsible shall be met by the transferring Member Stategeneral budget of the Union.
Amendment 771 #
2016/0133(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
Amendment 780 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied for the benefit ofall the applications for which a Member Sstate, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation responsible could not be determined according to the criteria set out in Chapter III and IV of this Regulation, and also in the cases in which Article 24a applies.
Amendment 787 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 807 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 808 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
Amendment 820 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For the purpose of the correctiveallocation mechanism, the reference number for each Member State shall be determined by a key.
Amendment 834 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 846 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 867 #
2016/0133(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Application of the allocation mechanism 1. When it was not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, the determining Member State shall communicate to the applicant that he will be allocated. 2. If the applicant has meaningful links with a Member State, the determining Member State should follow the procedure laid down in Article 36b. 3. When the procedure laid down in Article 36b does not apply, the determining Member State should follow the procedure of Article 36c.
Amendment 869 #
2016/0133(COD)
Proposal for a regulation
Article 36 b (new)
Article 36 b (new)
Amendment 870 #
2016/0133(COD)
Proposal for a regulation
Article 36 c (new)
Article 36 c (new)
Article 36 c Determination of the Member State of allocation 1. On the basis of the reference key referred to in Article 35, the automated system referred to in Article 44(1) shall indicate the six Member States with the lowest number of applicants relative to their share of the fair distribution. 2. The determining Member State shall consult the automated system and communicate the short list of six Member States to the applicant. The applicant shall be enabled to choose among the six Member States included in the list, within 7 days. For this purpose, the applicant shall receive information on the possible Member States of allocation. The determining Member State shall communicate immediately the choice to the automated system and the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 3. When Article 24a applies, the applicant will not be able to make the choice provided by paragraph 2, and the Member State responsible will be determined randomly by the automated system. The automated system shall communicate that information to the determining Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 4. In cases of allocation of a minor, under the conditions set by Article 10, the choice provided by paragraph 2 shall always be granted and shall be accompanied by a multidisciplinary assessment of the best interests of the minor.
Amendment 875 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 926 #
2016/0133(COD)
Proposal for a regulation
Article 38 – title
Article 38 – title
Obligations of the benefittdetermining Member State under the allocation mechanism
Amendment 927 #
2016/0133(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
The benefittdetermining Member State shall:
Amendment 929 #
2016/0133(COD)
Proposal for a regulation
Article 38 – paragraph a
Article 38 – paragraph a
(a) take a decision at the latest within one week from the communication referred to in Article 36(4c(2) or (3) to transfer the applicant to the Member State of allocation, unless the benefittdetermining Member State can accept within the same time limit responsibility for examining the application pursuant to the criteria set out in Articles 10 to 13 and Article 18 or 19;
Amendment 936 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) confirm to the benefittdetermining Member State the receipt of the allocation communication and indicate the competent authority to which the applicant shall report following his or her transfer;
Amendment 937 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) communicate to the benefittdetermining Member State the arrival of the applicant or the fact that he or she did not appear within the set time limit;
Amendment 938 #
2016/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) examine his or her application for international protection as Member State responsible, unless, new elements demonstrate that according to the criteria set out in Articles 10 to 13 and 16 to 18, a different Member State is responsible for examining the application;
Amendment 945 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Where a transfer decision according to point (a) of Article 38 is taken, the benefittdetermining Member State shall transmit, at the same time and for the sole purpose of verifying whether the applicant may for serious reasons be considered a danger to the national security or public order, the fingerprint data of the applicant taken pursuant to Regulation (Proposal for a Regulation recasting Regulation 603/2013/EU) to the Member State of allocation.
Amendment 946 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1
Article 40 – paragraph 2 – subparagraph 1
Where, following a security verification, information on an applicant reveals that he or she is for serious reasons considered to be a danger to the national security or public order, information on the nature of the alert shall be fully shared with the law enforcement authorities in the benefittdetermining Member State and shall not be communicated via the electronic communication channels referred to in Article 47(4).
Amendment 947 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
The Member State of allocation shall inform the benefittdetermining Member State of the existence of such alert, specifying the law enforcement authorities in the Member State of application that have been fully informed, and after a joint evaluation of the security risks by the competent authorities of both Member States, the Member State of allocation shall record the existence of the alert in the automated system pursuant to point d of Article 23(2), within one week of receipt of the fingerprints.
Amendment 950 #
2016/0133(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order, the benefittdetermining Member State of application shall be the Member State responsible and shallmay examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU.
Amendment 957 #
2016/0133(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State. In the case of minors, the same applies to relatives or other adults responsible for them.
Amendment 966 #
2016/0133(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Amendment 972 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 986 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39, and for the procedure of Article 36c.
Amendment 991 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 1001 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following3), after the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the period which has elapsed since the entry into force of this Regulation.
Amendment 1004 #
2016/0133(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 10(68(6), 10(6), 18(3) and 18a(3) shall be conferred on the Commission for a period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 1005 #
2016/0133(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The delegation of power referred to in Articles 10(68(6), 10(6), 18(3) and 18a(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1006 #
2016/0133(COD)
Proposal for a regulation
Article 57 – paragraph new6
Article 57 – paragraph new6
new6. A delegated act adopted pursuant to Articles 10(68(6), 10(6), 18(3) and 18a(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1009 #
2016/0133(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the corrective allocation mechanism set out in Chapter VII of this Regulation and in particular the thresholds set out in Article 34(2) and Article 43 thereof.
Amendment 404 #
2016/0131(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. In developing these guidelines, the Agency shall consult with European Judicial Training Network and relevant associations to ensure full respect for the independence of the judiciary. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 427 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. For the purposes of paragraph 1, the Agency shall have access to aggregated data from Eurodac and other relevant databases.
Amendment 472 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director, after consultation with the Commission, shall submit draft recommendations to the Member State concerned outlining the necessary measures to address shortcomings identified in the monitoring report. The Member State concerned shall be given one month to comment on the draft recommendations and ten days in the event of the situation referred to in point (c) of paragraph 1. The draft recommendations shall be transmitted to the European Parliament. After giving consideration to those comments, the Management Board shall adopt the recommendations and it shall invite the Member State concerned to draw up an action plan outlining the measures to remedy any shortcomings. The recommendations shall be made publicly available.
Amendment 517 #
2016/0131(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Member States shall ensure that the experts that they contribute match the profiles and numbers decided upon by the Management Board. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.
Amendment 519 #
2016/0131(COD)
Proposal for a regulation
Article 17 – paragraph 8 a (new)
Article 17 – paragraph 8 a (new)
8 a. The Agency shall inform the European Parliament on an annual basis of the number of experts deployed to the asylum support teams in accordance with this Article. This report shall list the Member States that have invoked the exceptional situation referred to in paragraph 6 in the previous year. It shall also include the reasons and information provided by the Member State concerned.
Amendment 524 #
2016/0131(COD)
3. Member States shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles. The duration of deployment shall be determined by the home Member State but it shall not be less than 360 days.
Amendment 530 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. The Agency shall inform the European Parliament on an annual basis of the number of experts that each Member State has committed and the number experts actually deployed from the pool to the different teams in accordance with this Article.
Amendment 577 #
2016/0131(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Agency, on its own initiative or at the request of Member States, may acquire or lease technical equipment by decision of the Executive Director, in consultation with the Management Board. Any acquisition or leasing of equipment shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board and in accordance with the financial rules applicable to the Agency.
Amendment 604 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – 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, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament. The Agency shall inform the European Parliament before a working arrangement is concluded.
Amendment 617 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 6 a (new)
Article 35 – paragraph 6 a (new)
6 a. The Agency shall inform the European Parliament of activities conducted pursuant to this Article. It shall include an assessment of the cooperation with third countries in its annual reports
Amendment 628 #
2016/0131(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The Management Board shall include one representative of UNHCR, withoutone representative of Frontex and one representative of the FRA, none of whom shall have the right to vote.
Amendment 629 #
2016/0131(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point c a (new)
Article 40 – paragraph 1 – point c a (new)
(c a) before 30 November each year, and after taking into account the opinion of the Commission, adopt, by a two- thirds majority of the members with a right to vote, a single programming document containing the Agency's multiannual programming and its work programme for the following year and forward it to the European Parliament, to the Council and to the Commission;
Amendment 676 #
2016/0131(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59 a Prevention of conflicts of interest The Agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations.
Amendment 39 #
2016/0089(NLE)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be the duty of the European Border and Coast Guard Agency to keep under constant review the situation regarding massive inflows of third country nationals into Member States.
Amendment 42 #
2016/0089(NLE)
Proposal for a decision
Recital 4
Recital 4
(4) The EU Heads of State or Government agreed on 7 March to work on the basis of a series of principles for an agreement with Turkey, including to resettle, for every Syrian readmitted by Turkey from Greek islands, another Syrian from Turkey to the Member States, within the framework of the existing commitments. Those principles were further developed in the Commissie European Parliament considers that the 1:1 scheme for the protection of person's Communication on next operational steps in EU-Turkey cooperation in the field of migration12 which called for taking the necessary steps to transfer some of the commitments under the existing relocation decisions, notably all or part of the currently unallocated 54 000 places, to the so called 1:1 scheme. _________________ 12 COM(2016)166 finalfleeing war and persecution acknowledges the right to seek asylum and the principle of non refoulement enshrined in Union law, and their right to international protection under the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees.
Amendment 56 #
2016/0089(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) To ensure a proper monitoring of the situation, Member States should report on a monthly basis to the Commission on Syrians present in Turkey admitted to their territory under the option provided for in this amendment specifying under which scheme, national or multilateral, the person has been admitted and the form of legal admission.
Amendment 40 #
2016/0062(NLE)
Motion for a resolution
Citation 17 (new)
Citation 17 (new)
– having regard to the European Parliament report on the implementation of the UN Convention on the Rights of Persons with Disabilities which calls for the EU to become a party to the Istanbul Convention as a further step in combating violence against women and girls with disabilities;
Amendment 67 #
2016/0062(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a core value of the EU; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and should apply in legislation, practice, case law and daily life; whereas gender- based violence is both a cause and a consequence of inequalities between women and men,
Amendment 86 #
2016/0062(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and gender-based violence are widespread in the EU and is to be understood as an extreme form of discrimination and a violation of the human rights; whereas further measures are needed to encourage women who have been the victims of violence to report their experiences and seek assistance, and to ensure that they receive appropriate support in line with their needs and that they are informed about their rights;
Amendment 98 #
2016/0062(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union Agency for Fundamental Rights report entitled ‘Violence against women: an EU- wide survey’, published in March 2014, shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 99 #
2016/0062(NLE)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas citizens and residents in the Union are not equally protected against gender-based violence, due to differing policies and legislation across Member States, as regards among other the definition of offences and the scope of the legislation, and are therefore vulnerable to such violence;
Amendment 132 #
2016/0062(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas certain women such as women and girls with migrant background, undocumented migrant women, refugee women and asylum seekers, women and girls with disabilities, lesbian, transgender women and girls, intersex women and girls, Roma women and girls, young women and elderly women, homeless women, black women and Muslim women face greater risk of violence because of motives fuelled by sexism coupled with racism, xenophobia, homophobia, transphobia and intersexphobia as well as discrimination based on age, disability, ethnicity or religion; whereas those women facing intersectional and multiple forms of discrimination may have specific needs and this entails that they should be granted special protection;
Amendment 158 #
2016/0062(NLE)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the immediate accession of all Member States to the Istanbul Convention would contribute substantially to the development of an integrated policy and to the promotion of international cooperation in the fight against all forms of violence against women;
Amendment 191 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, rape, forced marriage and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girlspsychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation, forced abortion and forced sterilisation, and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girls; stresses that the Istanbul Convention ensures that culture, custom, religion, tradition or so-called “honour” cannot be a justification of any acts of violence against women;
Amendment 204 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that forced pregnancy is defined as a crime against humanity in the article 7 of the Rome Statute of the International Criminal Court of 17 July 1998 and is a gender-based violence against women, that constitute a serious violation of the human rights and dignity of women and girls;
Amendment 205 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Strongly affirms that the denial of safe abortion amounts to a serious breach of human rights and an extreme form of violence against women; calls for the right to abortion to be considered as a Fundamental right at the EU level;
Amendment 256 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point g a (new)
Paragraph 5 – point g a (new)
(ga) To improve digital market rules with a view to protecting women and girls against violence on the internet;
Amendment 268 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point i a (new)
Paragraph 5 – point i a (new)
(ia) To take into account significant incidents of violence against women and domestic violence when determining custody and visitation rights;
Amendment 285 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point k
Paragraph 5 – point k
(k) To implement the provisions of the Istanbul Convention on migration and asylum, taking into account the fact that migrant women, whether properly documented or not, and women asylum- seekers are particularly vulnerable to gender-based violence and that gender- based violence may, including female genital mutilation, can be recognised as a form of persecution uander the terms of that the victims can thus avail themselves of the protection offered by the 1951 Refugee Convention; to ensure that Member States respect a gender- sensitive approach in all asylum and reception procedures;
Amendment 31 #
2015/2353(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines also that adequate EU funding for transport infrastructure is a key requirement for territorial, economic and social cohesion and recognizes the importance of the Cohesion Fund for improvement of infrastructure and connectivity in Europe; insists therefore that adequate funding is provided for this Fund in the current programing period as well as post 2020;
Amendment 34 #
2015/2353(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to improve the coordination of national transport strategies in order to facilitate Commission approval of large infrastructure projects; calls also for better coordination of all EU instruments related to transport in order to ensure that all core TEN-T projects are completed in time and potential savings are properly utilized for supporting mature projects waiting in the pipeline;
Amendment 69 #
2015/2353(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Points out that tourism is a key potential growth area of the European economy and a driver of a substantial amount of employment; recognizes the importance of the human capital for development of tourism services and underlines the role that the European Social Fund may play in this field; considers that appropriate budgetary funds should be allocated to developing a genuine European tourism policy and enhance this sector's development.
Amendment 6 #
2015/2350(INI)
Motion for a resolution
Recital B
Recital B
B. whereas waterborne passenger transport in the fields of coastal (short sea) shipping, inland and maritime ferries, urban mobility, and cruises and tourism offers great potential for using available excess capacity in terms of both infrastructure and vesselsplay a crucial role in connecting the different regions of the European Union and are thus an important factor for enhancing the cohesion; cruise and ferry activity moreover stimulates coastal tourism, being one of the main maritime activities in Europe;
Amendment 11 #
2015/2350(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas waterborne passenger transport and waterborne freight transport face different challenges and have different needs in terms of infrastructure, environmental challenges, operational issues, security and port-city relations, while both market segments are handled by one port authority;
Amendment 13 #
2015/2350(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas possibilities for loans and guarantees for waterborne projects are also available under EFSI as a complementary instrument to the traditional grants;
Amendment 17 #
2015/2350(INI)
Motion for a resolution
Recital E
Recital E
E. whereas several tragic accidents have occurred in the past in the waterborne passenger transport sector, including those involving the Estonia, the Herald of Free Enterprise and, the Costa Concordia and the Norman Atlantic;
Amendment 30 #
2015/2350(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Encourages the development of the motorways of the sea, including third countries, which promote multimodal efficient transport, facilitate this mode's integration with other transport networks and modes, remove bottlenecks in key network infrastructures and ensure territorial continuity and integration;
Amendment 37 #
2015/2350(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the key relevance of European statistical data for formulating plans and policies for the waterborne transport sector, particularly as regards the number of cross-border maritime and inland waterway services provided by both ferries and cruise ships; regrets the fact that Eurostat statistics count cruise passengers only referring to cruise passengers embarking and disembarking on a cruise each year (turnaround), but is not calculating the "port-of-call passenger visits", namely the number of passengers embarking and disembarking at each transit port; considers that including these numbers would give a far more realistic picture of the added value of the cruise sector and of waterborne maritime passenger transport in general;
Amendment 42 #
2015/2350(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the integration of WPT into urban public transport networks could considerably enhance mobility efficiency, environmental performance, quality of life, affordability, decongestion of land-based transport networks and comfort in cities;
Amendment 51 #
2015/2350(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the efforts of the WPT sector to switch to cleaner shipand energy- efficient ships with lower emissions, developed as part of a European framework aimed at making waterborne transport greener; believes that this will lead to cheaper solutions that are sustainable, more attractive and thus economically more competitive, making the sector ‘cheaper, cleaner, greener’ overall;
Amendment 52 #
2015/2350(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the different challenges of the major coastal zones in the EU call for different actions (more ferry services in the North Sea, upgrading and technical uptake of ferries in the Mediterranean etc.);
Amendment 63 #
2015/2350(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the Commission in its promotion of LNG, non-fossil alternative fuels, electric and hybrid systems based on renewable sources, and solar and wind energy for maritime vessels, and encourages it to tailor research and innovation with a particular focus on practicability for the WPT sector;
Amendment 65 #
2015/2350(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that the ferry sector is an important component of the Short Sea Shipping (SSS) market and is, therefore, crucial to maintain its dynamism and competitiveness, whilst at the same time improving its environmental performance and energy efficiency;
Amendment 68 #
2015/2350(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’'s REFIT initiative for port reception facilities and encourage its plans for new legislation under the ordinary legislative procedure, including a good informations an opportunity for aligning the current directive with the international developments, to clarify some of its provisions and their application and for stepping up the implementation of the information and monitoring system on waste managed in different Member States, both on ships and in ports;
Amendment 78 #
2015/2350(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 88 #
2015/2350(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Acknowledges that as security is a growing concern, additional measures might be needed, which take into account the specific features of ferry traffic and operations in the port so as to ensure the smooth operation of daily ferry connections;
Amendment 107 #
2015/2350(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Reminds that some ferry connections are life lines connecting outermost regions -vital for territorial, social, and economic cohesion in the true sense- to the mainland and the economic and industrial growth areas, thus contributing to European cohesion and integration;
Amendment 108 #
2015/2350(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Underlines that the framework for providing connections with islands, island regions and remote areas should be promoted, with measures to facilitate better quality ferries and appropriate terminals;
Amendment 110 #
2015/2350(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the potential and desirability of integrating WPT into a multimodal mobility framework for both commuters and tourists; considers, in this connection, that further improvements are needed in order to develop integrated ticketing schemes, to enhance reliability, comfort, punctuality and frequency, to ease pressure on logistics chains and to achieve faster boarding times in order to attract passengers;
Amendment 112 #
2015/2350(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Emphasises that, in order to maintain a high level of quality services, as well as in the interest of maritime safety, it is essential to develop the knowledge and skills in the maritime sector in the EU;
Amendment 119 #
2015/2350(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 55 #
2015/2347(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Invites the Member States and the Commission to ensure synergies in funding under the Connecting Europe Facility, the European Structural and Investment Funds and instruments of the EIB and EBRD when implementing transport infrastructure projects in the central and eastern EU; recalls the need todeplores the low level of use of the means ofresources from the European Fund for Strategic Investments in a timely manner to advance such projects in the short termcohesion countries;
Amendment 145 #
2015/2347(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regrets that travel times between the main cities in Eastern and Central Europe are still inordinately long, which undermines railway competitiveness;
Amendment 178 #
2015/2347(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the potential for further developing attractive shipping to ports in the Baltic, Adriatic and Black Seas in the context of the ‘Motorways of the Sea’ concept; highlights the importance of expanding capacities in the energy sector and of ensuring efficient railway connections to port hinterlands;
Amendment 181 #
2015/2347(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that port development in the Baltic, Adriatic and Black Seas must not be impeded by other undersea infrastructure; is concerned that pursuits on projects such as the North Stream may undermine and block investment in the region; insists that any undersea pipelines must respect draught requirements at port entrances;
Amendment 26 #
2015/2342(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that migrations have always been an international phenomenon calling for a global response; stresses that, in order to be more credible and to avoid double standards, the European Union should ensure greater consistency between its internal and external policies, and cooperate with third countries in full respect of international law and human rights, the principle of non-refoulement and the right to asylum; calls on the European Union and its Member States to show solidarity not only between themselves but also towards those third countries of origin and transit welcoming many refugees and migrants;
Amendment 32 #
2015/2342(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that migrant smuggling and human trafficking are different phenomena, but that there can also be a crossover between the two, entailing the risk that criminals groups force refugees and migrants into exploitation as victims of trafficking, in particular unaccompanied minors and women travelling alone; reaffirms that measures taken against human trafficking shouldn't adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection; asks to put an end immediately to the detention of victims of human trafficking and children;
Amendment 40 #
2015/2342(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the European Union to open up legal and safe routes for migrants and refugees, which are the best way to combat human smuggling but also human trafficking, as well as to prevent people from losing their lives on their way to Europe; is convinced in particular that legal labour migration channels should be developed for workers of all skill levels, as they represent a fundamental chance for the future of the EU, considering the immense demographic and economic challenges it is facing; believes as well that the EU visa policy should be promoted as a tool to enhance mobility opportunities, cross-cultural and scientific exchanges, but also to offer more possibilities of training and studying for third country nationals;
Amendment 61 #
2015/2342(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for international protection to be provided to people fleeing conflicts and persecution, including through binding resettlement programmes and humanitarian visa, at EU and global levels, as well as humanitarian visas, to be delivered through harmonised procedures by Member States' consulates and embassies;
Amendment 66 #
2015/2342(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that displaced persons who are in a situation of vulnerability, such as women, children or LGBTI people, face a heightened risk of discrimination, exploitation and abuse along migration routes, meaning that they need to be granted special support and protection; calls on the European Union to develop training programmes in its cooperation with third countries related to the specific needs of vulnerable refugees and migrants;
Amendment 100 #
2015/2342(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines that concepts of safe third countries and safe countries of origin should not prevent individual assessments of asylum applications;
Amendment 127 #
2015/2342(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for the assessment and budgetary control of funds used as part of the Union’s external policies on migration, believes it is essential as well to verify the reliability and soundness of the partner third countries concerned;
Amendment 136 #
2015/2342(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. CRecalls that environmental changes, whether caused by climate change, natural disasters, environmental harm or a degraded environment, constitute an increasing factor of population displacement; believes EU external action should contribute to reducing the vulnerability of populations to environmental risks, providing assistance to displaced persons under the impact of environmental changes, as well as cooperating with third countries on a global scale in order to address the challenge of environmental migrations; calls on the Union to get involved in the debate on the terms ‘'climate refugees’' and ‘'environmentally displaced persons’. ', so as to eventually grant a legal status and international protection to persons fleeing for environmental reasons.
Amendment 13 #
2015/2340(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists on the need for the EU to enhance police and judicial cooperation between Member States and with third countries in the prevention, the investigation and prosecution of trafficking in human beings (THB), in particular via Europol and Eurojust, including information sharing, participation in Joint Investigation Teams and in combating recruitment of people for THB through the internet and other digital means; encourages greater cooperation between Europol and Interpol in the fight against trafficking in human beings;
Amendment 18 #
2015/2340(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on all the Member States to establish National Contact Points on the fight against trafficking in human beings, whose work and actions could be coordinated within a European Centre on the Fight against trafficking in human beings based in Europol, which should be set up on the same model as the Agency's European Counter Terrorism Centre;
Amendment 19 #
2015/2340(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that trafficking in human beings, as a serious crime which constitutes one of the worst forms of human rights violations, has to be understood in a holistic manner, focusing not only on sexual exploitation, but also - in particular- on forced labour, organ trafficking, forced begging, forced marriages, child soldiers or trafficking of babies;
Amendment 26 #
2015/2340(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission and the Member States to ensure that law enforcement personnel, including agencies such as Frontex, are provided with adequate training in THBthe EU Borders Agency, Europol, and EASO, as well as other officials likely to come into contact with victims or potential victims of trafficking in human beings, are provided with adequate training in THB, so as to help them identify and deal with these victims, with an emphasis on the special needs of trafficked women, children and other vulnerable groups, the respect for fundamental rights and on how to provide incentives and adequate protection for victims of THB and for others to report traffickers; is of the opinion that this training should be delivered in a harmonised and coordinated manner within the EU; calls for greater attention to be given to this aspect of training in the new EU Borders Agency;
Amendment 42 #
2015/2340(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern that according to Europol at least 10 000 unaccompanied child refugees have vanished after arriving in Europe and having been registered by state authorities, that many are feared to have fallen into the hands of criminal groups, and that there is little information about what happens after their disappearance; deplores that children at risk are frequently treated as offenders or irregular migrants by law enforcement officials who do not systematically look for indicators of human trafficking to identify victims;
Amendment 45 #
2015/2340(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that it is essential as regards unaccompanied minors to achieve a better and more proactive identification of children victims of trafficking, in particular at border crossings and in reception centres, as well as a stronger multi-disciplinary cooperation to ensure the best interests of the child are effectively protected; underlines that it is also imperative to promptly appoint legal guardians to all unaccompanied children and to ensure that the latter are properly trained; recalls that, according to the Directive 2011/36/EU, "Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child"; believes a durable solution can be found through integration of the child into her or his host society, or facilitation of family reunification in order to enable the child to join her or his family in another Member State;
Amendment 48 #
2015/2340(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that no possible consent to perform labour or services should ever be considered valid for a trafficked child, and that there can be no valid consent in a situation where a third country national is taken away from her or his country to go into the EU (or when a EU national is taken away to another Member State) for the purposes of prostitution, any other form of sexual exploitation or forced labour;
Amendment 49 #
2015/2340(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on Member States to fully and properly implement article 8 of Directive 2011/36/EU; recalls that victims of trafficking shouldn't be criminalised and held responsible for criminal activities they were forced to take part in, in particular in case of prostitution, any other form of sexual exploitation or forced labour;
Amendment 50 #
2015/2340(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Recalls Article 82(1) of the Treaty on the Functioning of the European Union provides that judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions, and whereas this should include decisions concerning protection measures for victims of crime, including victims of trafficking;
Amendment 83 #
2015/2340(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
Amendment 90 #
2015/2340(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Believes that Member States should make better use of NGOs' expertise which are active in the fight against trafficking in human beings, so as to enrich existing tools for identification, assistance and protection of victims;
Amendment 13 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(ia) to acknowledge the need for a more socially and environmentally sustainable and democratic approach to international trade agreements;
Amendment 14 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
(ib) to stress the importance of the protection of workers, consumers and the environment as well as of universal access to public services particularly in the transport and delivery sector in the EU and its partner countries; to bear in mind that those regulations are not an economic burden, but essential rights; to underline that foreign service providers have to comply with EU and Member State social and labour legislation, as well as with collective agreements and with minimum wages; to stress that the destination country principle has to apply, however, this is without prejudice to more favourable provisions in legislation or collective agreements in the sending country; to acknowledge that the quality of services is intrinsically linked to the quality of employment and the regulatory frameworks in place, including collective agreements, labour rights and social legislation;
Amendment 45 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point iv
Paragraph 1 – point iv
(iv) to address restrictions in the aviation sector regarding foreign ownership and control of airlines as well as cabotage rights imposed by certain countries; to pursue, as a long-term objective, binding international trade rules for the aviation sector and, in the event that important trade partners are reluctant to make substantial progress, to explore other options for ensuring that European carriers face fair competitive conditions;
Amendment 67 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point vi a (new)
Paragraph 1 – point vi a (new)
(via) to stress that the annex on maritime transport should set only minimum standards and that parties are encouraged to adopt higher standards at their respective regulatory discretion; to ensure consistency with international standards, such as those endorsed by the International Maritime Organisation and the International Civil Aviation Organisation, and to oppose any lowering of these international benchmarks; to ensure the application of all respective ILO Standards like the Maritime Labour Convention and other Conventions relevant to logistics and transport;
Amendment 6 #
2015/2229(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the EU Guidelines on the promotion and protection of freedom of religion or belief,
Amendment 78 #
2015/2229(INI)
Motion for a resolution
Recital N
Recital N
N. whereas Article 18 of UDHR recognises the freedom of thought, conscience, religion and belief must be unconditionally enhanced through inter- relig; whereas this right remains widely under threat, and the number of violatiouns and inter-cultural dialogueshas sharply risen;
Amendment 292 #
2015/2229(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Recalls that freedom of thought, conscience, religion and belief is a fundamental human right, as recognised in the Universal Declaration of Human Rights, interrelated with other human rights and fundamental freedoms encompassing the rights to believe or not to believe, the freedom to practice theistic, non-theistic or atheistic belief alike, and the right to adopt, change and abandon or return to a belief of one's choice;
Amendment 297 #
2015/2229(INI)
Motion for a resolution
Paragraph 60 c (new)
Paragraph 60 c (new)
60c. Welcomes the EU's commitment to promoting the right to freedom of religion or belief at international platforms including the UN, OSCE and the Council of Europe; commends the HR/VP for her determination to protect freedom of religion or belief, and for stating that it is one of three special human rights priorities; encourages the HR/VP in her chairmanship of the Foreign Affairs Council, to raise freedom of religion or belief as a special issue for the Council twice a year;
Amendment 298 #
2015/2229(INI)
Motion for a resolution
Paragraph 60 d (new)
Paragraph 60 d (new)
60d. Is concerned about the increase in violence against religious or belief minorities around the world; calls for the special protection of refugees who have been forced to flee their place of origin as a result of discrimination on the basis of their religion or belief; asserts that all states have a duty to protect minorities against discrimination and violence;
Amendment 303 #
2015/2229(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Calls on the EU and the Member States to step up their efforts to guarantee access to and enhance respect for freedom of thought, conscience, religion and belief and to promote inter- religious dialogue when engaging with third countries; fully supports the EU practice of taking the lead on thematic resolutions at the UNHRC and at the UNGA on freedom of religion and belief; encourages the EU to support the mandate of the UN Special Rapporteur on freedom of religion or belief; requests concrete action towards the effective implementation of the EU Guidelines on the promotion and protection of freedom of religion or belief, including by ensuring systematic and consistent training of EU staff at Headquarters and in Delegations, reporting on country and local situations, engaging in close cooperation with local actors, especially with leaders of religious or belief groups including respect for freedom of religion or belief rights in Human Rights Impact Assessments that are carried out before the EU decides to conclude new trade and investment agreements and urging countries not currently accepting requests for visits from the UN Special Rapporteur on freedom of religion or belief to do so;
Amendment 325 #
2015/2229(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Condemns in the strongest terms all forms of discrimination, including those based on race, colour, gender, sexual orientation, language, culture, religion or belief, social origin, caste, birth, age, disability or any other status; urges the EU to intensify its efforts to eradicate all types of discrimination, racism and xenophobia through human rights and political dialogues, the work of the EU Delegations and public diplomacy; urges the EU also to continue promoting the ratification and full implementation of all UN Conventions that support this cause, such as the International Convention on the Elimination of All Forms of Racial Discrimination or the UN Convention on the Rights of Persons with Disabilities;
Amendment 401 #
2015/2229(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on the EU and its Member States to constantly monitor and raise cases of violations of freedom of assembly and association, including through various forms of bans and limitations on civil society organisations and their activities and of unlawful damages to assembly sites such as properties used for religion or civil assembly;
Amendment 11 #
2015/2121(BUD)
3a. Calls on the Commission to secure that Member States have sufficient financial resources to fulfil their obligations regarding search and rescue operations;
Amendment 17 #
2015/2121(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the relevant agencies should not be subject to reduction or redeployment of staffinstitutions and organisations have to allocate an adequate number of staff with the aim of meeting their increasing responsibilities due to the recent wave of refugees; stresses that, given the large number of arrivals on the Union’s southern shores, the proposal to increase EASO staff by only 4 is clearly insufficient;
Amendment 3 #
2015/2113(INI)
1. Welcomes the Commission's vision of a sustainable, low-carbon and climate- friendly energy union with an integrated continent-wide energy system, and the completion of the internal energy market based on competition and securing energy supply that will create high-quality jobs and growth, calls on the Commission to ensure that working conditions and gender equality in all transport modes are guaranteed;
Amendment 23 #
2015/2113(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that 70 % of Europeans live in cities and calls for targeted measures from the Member States towards smooth, cost- effective and, energy-efficient and affordable public urban transport;
Amendment 31 #
2015/2113(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for comprehensive legislation that stimulates investments in a technology- neutral waylong-term public and private investments in research, production and distribution of renewable fuels and modern engine technology as well as European transport network infrastructures focusing on sustainable and greener modes of transport; emphasises the need to reduce emissions by replacing fossil fuels by renewable fuels, electricity or low carbon alternatives; considers that support for the early deployment of liquefied natural gas is needed; recalls that opening up the market to renewable fuels in aviation would help the EU maintain its leading role in renewable energy;
Amendment 55 #
2015/2113(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports the development of sustainable urban and rural mobility plans to reduce traffic pollution, congestion, noise and road accidents. Those plans should aim to eradicate inequalities in terms of disabled users and costs;
Amendment 2 #
2015/2095(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Expresses its concern that the number of people who risk their lives attempting dangerous sea crossings in the Mediterranean to the EU increases dramatically. Stresses that the Mediterranean is the largest maritime migration route in the world with a dense network of merchant traffic;
Amendment 14 #
2015/2095(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the fact that in the period 1 January until 31 May 2015, in which a total of 47 265 migrants were rescued at sea in the Mediterranean Sea, 13 475 were rescued by merchant vessels; takes note that in these five months, 302 merchant vessels were asked to re-route and change course to assist in rescue operations, of which 104 vessels actively rescued and disembarked migrants; points out that more than 1500 people lost their lives in these fatal journeys in the period 1 January until 31 May 2015;
Amendment 24 #
2015/2095(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises, therefore, that merchant vessels have a significant role inare forced to be on the frontline of rescue operations both in terms of volume and activity; points out the fact that merchant vessels have not been equipped and their staff have not been trained to make them sufficiently prepared to systematically take part in large-scale rescue operations;
Amendment 34 #
2015/2095(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the possible economic and judiciary consequences for the rescuing ships and their owners discourage some vessels from providing assistance. Calls on the Member States not to sanction mercantile ships which voluntarily assist migrants on humanitarian reasons, by asking the Commission to consider revising Council Directive 2001/51/EC;
Amendment 37 #
2015/2095(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that commercial ships should not replace Member States’ international search and rescue obligations at sea and EU’s responsibility for an adequate European response;
Amendment 46 #
2015/2095(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned that withoutas vessels and their crew beingcannot sufficiently be prepared for such a scale of rescue operations, the situation will result in accidents in the Mediterranean Sea that might lead to loss of human lives and also entail environmental risks;
Amendment 54 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission Communication entitled ‘A European agenda on migration’ (COM (2015)0240) and strongly callss well as its two first sets of implementing measures, presented by the Commission respectively on May 27th and September 9th 2015, and strongly calls on all EU Member States to take their responsibilities and to commit for adequate and immediate measures to be taken at both Member Statesnational and EU level so as to prevent further human miseries in the Mediterranean Sea, and to ensure that international and ethical obligations are fulfilled in accordance with the principles of solidarity and shared responsibility;
Amendment 61 #
2015/2095(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is deeply concerned about the ongoing migrationrefugee crisis in the Central and Eastern Mediterranean, in particular the humanitarian aspects but also its impact on maritime transport in the Mediterranean Sea by passenger ships, cruise ships and container ships, the safety of the vessels and their crew, and general maritime safety;
Amendment 62 #
2015/2095(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is deeply concerned about the ongoing migration crisis in the Mediterranean, in particular the humanitarian aspects but also its impact on maritime transport in the Mediterranean Sea by passenger ships, cruise ships and container ships, the safety of the vessels, the cargo and their crew, and general maritime safety;
Amendment 64 #
2015/2095(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on EU and Member States to ensure permanent search and rescue operations properly funded, expand the field of action of the current operations also in cooperation with FRONTEX, provide specialised training to the staff and increase the number of ships, assets, equipment and personnel deployed;
Amendment 73 #
2015/2095(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. UWhile awaiting the necessary mid and longer-term measures, urges the Member States, Council and Commission to immediately increase funding for temporary, sufficient rescue operations in the Mediterranean, so that the safety and fundamental rights of both the refugees seeking to enter Europe and the maritime crews working in the Mediterranean waters can be guaranteed;
Amendment 88 #
2015/2095(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on EU and Member States to strengthen cooperation with non-EU Mediterranean countries, such as Turkey, Libya, Lebanon and Jordan in terms of information exchange, border control, surveillance and the establishment of common search and rescue operations;
Amendment 92 #
2015/2095(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that Member States and authorities involved need to ensure a fluent disembarkation of rescued refugees and migrants in the appointed sea port from vessels which have been part of a rescue operation; Adequate security and infrastructure facilities need to be available in the main reception ports;
Amendment 101 #
2015/2095(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls on all parties involved in the situation in the Mediterranean to seek solutions to the refugee crisis, including efforts to improvncrease the level of the EU’s actions against traffickers and smugglers, ensure the safety and human rights of the refugees in their home countries;
Amendment 103 #
2015/2095(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges Member States to strengthen their resettlement programmes and develop safe and legal routes for migration to the EU.
Amendment 241 #
2015/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that a permanent, robust and effective Union response in search and rescue operations at sea is, and the development of safe and lawful routes for refugees and asylum seekers are crucial to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea;
Amendment 358 #
2015/2095(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that, within the last year, the Council has adopted two decisions on temporary relocation measures in the Union (‘Relocation Decisions’)1 , and that they involve the transfer of applicants of international protection from Greece and Italy to other Member States; observes that, although the Relocation Decisions do not end the current Dublin rules on allocation of responsibility, they do constitute a ‘temporary derogation’ from the Dublin rulesregrets that some Member States refuse to show solidarity in practice; __________________ 1 Council Decision (EU) 2015/1523 and Council Decision (EU) 2015/1601.
Amendment 390 #
2015/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 598 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. PThe Dublin Regulation should be replaced with a functioning burden- sharing system without lengthy procedures; points out that one option for a fundamental overhaul of the Dublin system would be to establish a central collection of applications at Union level – viewing each asylum seeker as someone seeking asylum in the Union as a whole and not in an individual Member State – and to establish a central system for the allocation of responsibility for any persons seeking asylum in the Union; suggests that such a system could provide for certain relative thresholds per Member State, above which no further allocation of responsibility could be made until all other Member States have met their own thresholds, which could conceivably help in deterring secondary movements, as all Member States would be fully involved in the centralised system and no longer have individual responsibility for allocation of applicants to other Member States; believes that such a system could function on the basis of a number of Union ‘hotspots’ from where Union distribution should take place; underlines that any new system for allocation of responsibility must incorporate the key concepts of family unity and the best interests of the child;
Amendment 158 #
2015/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that the completion of the Trans-European Transport Network remains one of the preconditions for a more sustainable and efficient transport system and a more balanced distribution of freight and passengers among transport modes; stresses that the selection of projects eligible for EU funding must focus on the completion of missing links, the upgrading of existing infrastructure and the development of multimodal terminals, putting greater emphasis on European added value; considers that the Connecting Europe Facility instrument and other means of financing should stimulate investment in sea ports, rail and inland waterways as a priority; emphasises that co-funded projects should reflect the need for infrastructure that minimises the impact on the environment, that is resilient to the possible impact of climate change and that improves the safety of users; stresses also the need for proper maintenance of the existing infrastructure, especially of the secondary road network;
Amendment 164 #
2015/2005(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to develop transport infrastructure in the cohesion countries through different EU policies and instruments;
Amendment 180 #
2015/2005(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the European Fund for Strategic Investments (EFSI) proposed by the Commission as part of the Juncker Investment Plan for Europe should give priority to transport infrastructure projects that deliver high societal and economic value, and target projects that promote job creation, long-term growth and competitiveness, especially in the countries most affected by the economic and financial crisis;
Amendment 332 #
2015/2005(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to acknowledge that while there is a clear socio-economic case for boosting women´s participation and equal treatment in the transport labour market, there is a participation, remuneration and advancement gap between women and men in this sector's labour force;
Amendment 353 #
2015/2005(INI)
Motion for a resolution
Subheading 6
Subheading 6
A competitive, efficient, integrated and accessible transport system
Amendment 373 #
2015/2005(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on Member States to develop sustainable intermodal infrastructure and improve connectivity and accessibility of remote rural, island, coastal and mountainous regions, that would also benefit the European tourism development;
Amendment 414 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 1 a (new)
Paragraph 25 – indent 1 a (new)
- enhancement of EU-wide safety aviation performance in the field of aircraft manufacturing, training and licensing of crews, flight operations, air traffic management and air navigation services,
Amendment 587 #
2015/2005(INI)
Motion for a resolution
Paragraph 28 – indent 3
Paragraph 28 – indent 3
– setting an intermediate binding target for 2030 to reach the objective of the White Paper for an at least 40 % reduction in CO2 emissions from maritime bunker fuels by 2050 compared to 2005 levels, to be accompanied by concrete measures including market-based mechanisms,
Amendment 603 #
2015/2005(INI)
Motion for a resolution
Paragraph 28 – indent 5
Paragraph 28 – indent 5
– actions supporting the deployment of alternative fuels infrastructure in sea ports, including the provision of LNG bunkering facilities and the use of shore- side electricity,
Amendment 105 #
2015/0310(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) On 25 and 26 June 2015,12 the European Council called for wider efforts in resolving the migrant crisiunprecedented migratory flows in a comprehensive manner, including through the reinforcement of the management of borders to better manage growing mixed migratory flows. Furthermore, on 23 September 2015,13 the European Council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders, notably through additional resources for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Asylum Support Office and Europol, with human resources and technical contributions from Member States. __________________ 12 Meeting of the European Council, Conclusions of 25 and 26 June 2015. 13 Informal meeting of EU Heads of State or Government on migration, Statement of 23 September 2015.
Amendment 122 #
2015/0310(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) European integrated border management is a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all Member States which have abolished internal border control, the European Border and Coast Guard Agency should ensure the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.
Amendment 128 #
2015/0310(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by Council Regulation (EC) No 2007/2004.14 Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of irregularly staying third- country nationals illegally staying on the territory ofwho are the subject of a final return decision issued by a Member States., __________________ 14 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 135 #
2015/0310(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions while ensuring full respect of human rights in their actions and activities and the fulfilment of asylum obligations and commitments of each Member State.
Amendment 154 #
2015/0310(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supern Advisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken by the Member State concerned and should set a time-limit within which those measures should be taken. That decision should be binding on that Member State and where the necessary measures are not taken within the set time- limit, the matter needs to be referred to the Management Board for a further decision.
Amendment 160 #
2015/0310(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The European Border and Coast Guard Agency should organise the appropriate technical and operational assistance to Member States so as to reinforce their capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting from irregular immigration or cross-border crime. In this respect, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy European Border and Coast Guard Teams as well as the necessary technical equipment, and it may deploy experts from its own staff.
Amendment 165 #
2015/0310(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a vessel flying its flag, in so far as he can do so without serious danger to the vessel, the crew or the passengers, to render assistance without delay to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found. The shipmaster and crew should not face criminal penalties for the sole reason of having rescued persons in distress at sea and brought them to a place of safety.
Amendment 166 #
2015/0310(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
Amendment 168 #
2015/0310(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 185 #
2015/0310(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The European Border and Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or in the context of a situation requiring urgent action, the European Border and Coast Guard Agency should be able to deploy European Border and Coast Guard Teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500. The deployment of the European Border and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and Coast Guard Teams as appropriatewhere necessary.
Amendment 203 #
2015/0310(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, irregular immigration and return. The European Border and Coast Guard Agency should develop and operate information systems facilitating such exchange in accordance with Union data protection legislation.
Amendment 245 #
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 managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein, to safeguard free movement and the fundamental rights of persons in the area of freedom, security and justice without internal borders by effectively managing migration and thereby ensuring a high level of internal security.
Amendment 254 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘returnee’ means an illegalrregularly staying third-country national who is the subject tof a final return decision; issued by a Member State;
Amendment 256 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘return operation’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either through forced return or in voluntary compliance with an obligation to return;
Amendment 259 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘return intervention’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision providing for enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.
Amendment 269 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management taking into account, where justified, the specific situation of the Member States, in particular their geographical location. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 285 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, which may includinge measures related to the prevention, and detection and investigation of cross-border crimeof the criminal smuggling of persons, trafficking in human beings and terrorism, where appropriate;
Amendment 294 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) The identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection;
Amendment 300 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration;
Amendment 305 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) technical and operational measures within the area of free movement which are related to border control and designed to preventbetter manage irregular immigration and to counter cross-border crime;
Amendment 309 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) return of third-country nationals illegally staying on the territory of thewho are the subject of a final return decision issued by a Member States;
Amendment 317 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks.
Amendment 337 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point 1 (new)
Article 5 – paragraph 3 – point 1 (new)
(1) When carrying out its tasks in accordance with Article 7, The European Border and Coast Guard Agency shall actively observe and promote the application of the existing and future Union law, including fundamental rights and international protection.
Amendment 367 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, with active support over SAR capacities and operations, as defined by the International Conventions such as SOLAS and SAR, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 374 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) coordinate Member State action, and provide technical and operational assistance to Member States, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014;
Amendment 383 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point j
Article 7 – paragraph 1 – point j
(j) assist Member States in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally stayingthose third-country nationals who are the subject of a final return decision issued by a Member State, including through the coordination or organisation of return operations;
Amendment 392 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point o
Article 7 – paragraph 1 – point o
(o) develop and operate, in accordance with Regulation (EC) No 45/200140 and Framework Decision 2008/977/JHA, information systems that enable swift and reliable exchanges of information regarding emerging risks at the management of the external borders, irregular immigration and return, in close cooperation with the Commission, Union agencies, bodies and offices as well as the European Migration Network established by Council Decision 2008/381/EC;41 __________________ 40 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). 41 Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).
Amendment 400 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point r
Article 7 – paragraph 1 – point r
(r) assist Member States and third countries in the context of operational cooperation between them in the fields of externalintegrated border management and returns defined in Article 4.
Amendment 419 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall in accordance with Article 4(3) of the Treaty on European Union, provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment.
Amendment 459 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staffother staff or experts involved in return-tasks related taskso the integrated border management.
Amendment 473 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c a (new)
Article 11 – paragraph 3 – point c a (new)
(ca) observe and promote the application of existing and future Union measures relating to the management of external borders, including on fundamental rights and international protection;
Amendment 523 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the SuperAdvisory Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’'s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 551 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may, in accordance with the relevant Union and international law, including the principle of non-refoulement, take one or more of the following measures:
Amendment 563 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at the external borders resulting from irregular immigration or cross- border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.
Amendment 619 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals, the provision of initial information to and onward referral of those persons arriving who are in need of, or wish to apply for, international protection, and, where requested by the Member State, the fingerprinting of third- country nationals;
Amendment 664 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;, subject to the agreement of the concerned Member States
Amendment 669 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Director shall, within two working days from the date of adoption of the Commission decision, and on the advice of the SuperAdvisory Board, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision.
Amendment 704 #
2015/0310(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) monitor the correct implementation of the operational plan, including on the protection of fundamental rights;
Amendment 716 #
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. For this purpose, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of a joint operation or a rapid border intervention.
Amendment 734 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, to achieve an integrated system of return management among competent authorities of the Member States, including voluntary departure with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 800 #
2015/0310(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Suspension or termination of return operations and return interventions 1. The Executive Director shall terminate, after informing the Member States concerned, return operations or return interventions if the conditions to conduct those activities are no longer fulfilled. 2. The Executive Director may withdraw the financing of a return intervention or suspend or terminate it if the operational plan is not respected by either the host Member State or the participating Member States. 3. The Executive Director shall withdraw the financing of a return operation or a return intervention, or suspend or terminate, in whole or in part, a return operation or a return 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. 4. For these purposes, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of return operations and return interventions.
Amendment 811 #
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, in contravention of the principle of non-refoulement, 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-refoulementwhere, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion or retur, removal or extradition to another country in contravention of that principle.
Amendment 841 #
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 Codes of Conduct drawn up in accordance with Article 34, and relevant international standards such as the Sphere Minimum Standards in Humanitarian Response. 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 863 #
2015/0310(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, search and rescue operations, return operations, return interventions or technical assistance projects in accordance with the financial rules applicable to the Agency.
Amendment 873 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
Amendment 885 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where members of the teams are operating in a host Member State, which is responsible for their instructions in accordance with Article 20 (1), that Member State shall be liable in accordance with its national law for any damage caused by them during their operations.
Amendment 897 #
2015/0310(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer ofA Data Protection Officer shall be appointed in accordance with Regulation (EC) No 45/2001. The Management Board shall establish measures for the application of that Regulation by the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.
Amendment 910 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) personal data regarding persons who cross the external borders illegalrregularly and whose data is collected by the European Border and Coast Guard Teams, including when acting in the framework of the migration management support teams;
Amendment 911 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point c
Article 46 – paragraph 1 – point c
(c) license plate numbers, telephone numbers or ship identification numbers, which are necessary for investigating and analysing routes and methods used for irregular immigration and cross-border criminal activities.
Amendment 913 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) where transmission to the European Asylum Support Office, Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51;
Amendment 953 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation alsoUnion law, including norms and standards which form part of the Union acquis, when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.
Amendment 956 #
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 todetail the scope, nature and purpose of the cooperation and the management of operational cooperation. Such arrangements shall have received the Commission’'s prior approval and shall have been presented to the relevant committee in the European Parliament prior to receiving such approval.
Amendment 963 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. Operations shall be carried out on the basis of an operational plan agreed also by the Member State bordering the operational area. The Commission shall be informed of such activities.
Amendment 970 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The Agency may also, with the agreement of the Member States concerned invite observers from third countries to participate in its activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in Article 35, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation and shall be required to adhere to the Codes of Conduct of the Agency while participating in its activities.
Amendment 988 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board.
Amendment 990 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally stayingthose third-country nationals who are the subject of a final return decision. Those liaison officers shall coordinate closely with Union delegations.
Amendment 1004 #
2015/0310(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point c
Article 60 – paragraph 1 – point c
(c) a Supern Advisory Board;
Amendment 1012 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point b
Article 61 – paragraph 1 – point b
(b) appoint the members of the SuperAdvisory Board in accordance with Article 69(2);
Amendment 1044 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Commission shall propose candidates for the posappointment 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 anshall take place in accordance with the cooperation (concertation) procedure provided for in paragraph 2. The Executive Director and Deputy Executive Director shall be appointed on ther press or internet sites as appropriate basis of his or her merit, documented high-level administrative and management skills, and senior professional experience in the field of the management of external borders.
Amendment 1052 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board on the grounds of merit and documented high-level administrative and management skills, as well as senior profcooperation procedure shall be as follows: (a) on the basis of a list drawn up by the Commission, following publication of the posts in the Official Journal of the European Union and other press or internet sites as appropriate, and before the appointments are made, applicants will be asked to address the Council and the competent European Parliament Committee and to reply to quesstional experience in the field of management of the external borders and returns; (b) the European Parliament and the Council will then give their opinions and state their orders of preference; (c) the Management Board shall appoint the Director and Deputy Executive Director taking those opinions into account. The Management Board shall take its decisions by a two- thirds majority of all members with a right to vote.
Amendment 1072 #
Amendment 1074 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. The SuperAdvisory Board shall advise the Executive Director:
Amendment 1077 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The SuperAdvisory Board shall be composed of the Deputy Executive Director, fourthe Fundamental Rights Officer, three other senior officials of the Agency to be appointed by the Management Board and one of the representatives of the Commission to the Management Board. The SuperAdvisory Board shall be chaired by the Deputy Executive Director.
Amendment 1078 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The SuperAdvisory Board shall report to the Management Board.
Amendment 1098 #
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 withto 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 1103 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2 – point 1 (new)
Article 71 – paragraph 2 – point 1 (new)
(1) The Fundamental Right Officer shall have access to all information concerning respect for fundamental rights in relation to all activities of the Agency.
Amendment 1104 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2 – point 2 (new)
Article 71 – paragraph 2 – point 2 (new)
(2) The staffing of the office of the Fundamental Rights Officer shall be commensurate to the staffing of the Agency and to the fulfilment of his or her mandate.
Amendment 1113 #
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 an independent, impartial and effective complaint mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 1116 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support teams, return operation or return intervention, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency.
Amendment 1122 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are anonymousill founded, malicious, frivolous, vexatious, hypothetical or inaccuratunidentifiable shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1127 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. In case of a registered complaint concerning a staff member of the Agency, the Executive DirectoFundamental Rights Officer shall ensure appropriate follow-up, including recommending disciplinary measures as necessary. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint. to the Executive Director, and referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental Rights Officer regarding the implementation of disciplinary measures within a determined time period, and if necessary, at regular intervals thereafter. In the case of civil or criminal justice proceedings, the relevant Member State shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint within a determined time period, and if necessary, at regular intervals thereafter. In case the relevant Member State does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1132 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts, the home Member State shall ensure appropriate follow-up, including disciplinary measures and referral to civil or criminal justice procedures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint. within a determined time period, and if necessary, at regular intervals thereafter. In case the relevant Member State does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1138 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. In case a border guard or a seconded national expert has been found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State to remove the border guard or seconded national expert immediately from the activity of the Agency or the rapid reserve pool, and pursue appropriate disciplinary or civil or criminal justice measures.
Amendment 1141 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. The Agency shall provide publicly accessible information on the complaints mechanism in the context of its annual report, indicating the number of complaints received, the types of fundamental rights violations, the operation concerned and the follow-up measures taken by Agency which would help it to identify possible shortcomings and improve its working methods.
Amendment 1148 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 1
Article 72 – paragraph 9 – subparagraph 1
The Fundamental Rights Officer shall, after consulting the Consultative Forum, draw up a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights establish the procedure for the complaints mechanism, after consulting the Consultative Forum, on the basis of Article 41 and 47 of the EU Charter of Fundamental Rights, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights, and the detailed procedures for information, admissibility, follow-up and appeal, including, where necessary, measures to facilitate access to the complaints mechanism and effective remedies for individuals who are residing in a third country. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1150 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that tinformation about the possibility and procedure for making a complaint is readily available. The standardized complaint form ishall be made available in most common languages and that it shall be made availablethird- country nationals understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency. Further guidance and assistance on the complaints procedure shall be provided to alleged victims and on request. Information tailored to children and other vulnerable groups shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1157 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3
Article 72 – paragraph 10 – subparagraph 3
In order to safeguard the interest of the complainants, complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality. Any waivers of confidentiality shall be valid only where given freely by a specific, informed and unambiguous indication of the complainant's wishes. The Agency shall be able to demonstrate that the confidentiality was waived. For complainants who waive their right to confidentiality, it is understood that he or she consents to the Fundamental Rights Officer or the Agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint.
Amendment 1159 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
(1) Data protection rights and related complaints shall be dealt with by the Data Protection Officer in accordance with Article 44 (1). Where there is uncertainty regarding responsibility for a specific complaint, that responsibility shall be determined on the basis of a written understanding between the Fundamental Rights Officer and the Data Protection Officer.
Amendment 1164 #
2015/0310(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. The Agency shall send a report on the budgetary and financial management for year N to the European Parliament, the Council and the Court of Auditors by 31 March of year N + 1. That report shall indicate the expenditure of the Agency with reference to each of the elements of European Integrated Border Management as set out in Article 4.
Amendment 33 #
2015/0278(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services This will increase the availability of accessible products and services on the internal market.
Amendment 35 #
2015/0278(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The demand for accessible products and services is high and the number of citizens with disabilities and/or functional limitations will increase significantly with the ageing of the European Union's population. An environment where products and services are more accessible allows for a more inclusive society and facilitatesis a prerequisite for independent living.
Amendment 37 #
2015/0278(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of products and services for persons with functional limitations includingand persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Amendment 39 #
2015/0278(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade freedom of movement of products and services, as well as the free movement of persons and mobility, as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the Union.
Amendment 41 #
2015/0278(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) whereas in its reactions to the European Parliament's resolution on "Europe, the world's No 1 tourist destination – a new political framework for tourism in Europe", adopted by the Commission on 13 December 2011, the Commission acknowledged the need to ensure a seamless chain of accessible services to all (transport, accommodation, catering, and attractions), and to this end, it has started to put in place actions to raise awareness, improve the skills in the touristic sector, and ultimately increase the quality of tourist facilities for those with special needs or disabilities;
Amendment 42 #
2015/0278(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) whereas the Treaty on the Functioning of the EU (TFEU) requires the Union to combat discrimination based on disability when defining and implementing its policies and activities (Article 10) and gives it the power to adopt legislation to address such discrimination (Article 19);
Amendment 52 #
2015/0278(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 60 #
2015/0278(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitations, including older persons and persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 98 #
2015/0278(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In the absence of harmonised standards and where needed for market harmonisation purposes, the Commission should be able adopt , in cooperation with organisations representing persons with disabilities, implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
Amendment 110 #
2015/0278(COD)
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
(54a) The deployment of applications providing information based on spatial data services contributes to the independent and safe movement of persons with functional limitation and persons with disabilities. The spatial data for these applications should provide the content of information adapted to the specific needs of persons with functional limitation and persons with disabilities.
Amendment 114 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b – point iii a (new)
Article 1 – paragraph 1 – point b – point iii a (new)
(iiia) payment terminals.
Amendment 121 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus and coach, rail and waterborne passenger transport services; including urban transport: (i) the built environment (ii) self-service terminals, ticketing machines and check-in machines and payment terminals, with at least one easily accessible machine operating in each defined station area; (iii) websites, mobile device-based services, smart ticketing and real-time information
Amendment 127 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) accommodation services.
Amendment 135 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
(d) transport infrastructure in accordance with Regulations (EU) No 1315/2013 and 1316/2013 45a of the European Parliament and of the Council.46 __________________ 45aRegulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129). 46 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network (OJ L 348, 20.12.2013, p.1).
Amendment 153 #
2015/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
(21a) "spatial data services" as referred to in Article 3 of the Directive 2007/2/EC means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the related metadata;
Amendment 154 #
2015/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21 b (new)
Article 2 – paragraph 1 – point 21 b (new)
(21b) "accommodation services" means services that provide short-term lodging and other hospitality services such as hotels, hostels, campsites and apartments for rent as well as other private accommodation facilities.
Amendment 157 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines, payment terminals and check-in machines shall comply with the requirements set out in Section II of Annex I.
Amendment 161 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Air, bus and coach, rail and waterborne passenger transport services including urban transport, built environment, the websites, the mobile device-based services, smart ticketing and real-time information including those that can use spatial data services and Self- service terminals, ticketing machines, payment terminals and check-in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in Section V of Annex I.
Amendment 172 #
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 as well as any other service or place for purchase of any of the products included in this Directive shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including and persons with disabilities.
Amendment 175 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10 a (new)
Article 3 – paragraph 10 a (new)
10a. Accommodation services shall comply with the requirements set out in Sections VIII and X of the Annex I.
Amendment 189 #
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 limitation and persons with disabilities.
Amendment 194 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States are encouraged to provide incentives and guidelines to facilitate the implementation of this Directive. Acknowledging the benefits of their contribution to promote all efforts and goals achieved in this regard, the procedures and guidelines shall be developed in consultation with relevant stakeholders, including persons with disabilities and their representative organisations.
Amendment 195 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States are encouraged to provide incentives and guidelines 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 197 #
2015/0278(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Relevant stakeholders, including persons with disabilities and their representative organisations, should be consulted systematically as part of the procedure for the adoption of implementing acts.
Amendment 199 #
2015/0278(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall establish, implement and periodically update adequatetailed procedures in order to:
Amendment 214 #
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 functional limitations and persons with disabilities, taking into account the frequency and duration of use of the specific product or service;
Amendment 249 #
2015/0277(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A high and uniform level of civil aviation safety and environmental protection should be ensured at all times through the adoption of common safety rulesand environmental rules based on the precautionary principle and by measures ensurguaranteeing that anyll goods, persons and organisations involved in civil aviation activity in the Union comply with such rules and with those adopted to protect the environment.
Amendment 252 #
2015/0277(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Ambitious measures are required to ensure the aviation sector contributes to the objectives of the Paris Agreement on climate change.
Amendment 277 #
2015/0277(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Union should also lay down essential requirements for the safe provision of ground handling services, based on ground handling guidelines provided by existing rules and schemes provided by the industry on an international level.
Amendment 360 #
2015/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point h – indent 1 (new)
Article 1 – paragraph 2 – point h – indent 1 (new)
Amendment 363 #
2015/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) supporting passenger confidence in the safety, security and efficiency of civil aviation within a framework of effective passenger rights legislation.
Amendment 418 #
2015/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34 – indent 1 (new)
Article 3 – paragraph 1 – point 34 – indent 1 (new)
- 'model flying' means a sports and recreational activity undertaken by members of a model flying organisation recognised by the national competent authority and taking place within unaided line of sight conditions for the purpose of control and safe separation from other traffic.
Amendment 432 #
2015/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h – indent 1 (new)
Article 4 – paragraph 1 – point h – indent 1 (new)
- take into account interdependencies between aviation safety and socio-economic factors;
Amendment 703 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1
Article 53 – paragraph 4 – subparagraph 1
When a Member State intends to transfer certain responsibilities in accordance with paragraphs 1 or 2, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The legal and natural persons, including relevant stakeholders, concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted on that transition plan before it is finalised. It shall carry out jointly with the Agency or with the other Member State, as applicable, and in consultation with relevant stakeholders, an impact assessment covering, among others, any social, economic or employment repercussions.
Amendment 713 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 6 – indent 1 (new)
Article 53 – paragraph 6 – indent 1 (new)
- 7. The Agency shall after consultation with the Member States, establish permanent contact points in those Member States where its presence seems necessary in order to ensure that responsibilities in the field of aviation safety are met within the scope of this regulation.
Amendment 849 #
2015/0277(COD)
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The measures taken by the Agency as regards to aircraft emissions and aircraft noise, for the purpose of the certification of the design of products in accordance with Article 11 and in the framework of ICAO Annex 16, shall aim at preventing potentially significant harmful effects on the environment and human health caused by the civil aviation activities concerned.
Amendment 859 #
2015/0277(COD)
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Agency shall assist the Commission with the definition and coordination of civil aviation environmental protection policies and actions, in particular by conducting studies, simulations and providing technical advice in areas where interdependencies between environmental protection, human health and other technical domains of civil aviation exist.
Amendment 871 #
2015/0277(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. The Member States, the Commission and the Agency shall cooperate on security matters related to civil aviation, including cyber security, with a view to ensuring thathere interdependencies between civil aviation safety and security are taken into accounexist.
Amendment 878 #
2015/0277(COD)
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. The Agency shall, upon request, provide technical assistance to the Commission in the implementation of Regulation (EC) No 300/2008 of the European Parliament and of the Council22 , including, in the performance of security inspections of aircraft and aviation systems and in the preparation of the measures to be adopted under that Regulation. __________________ 22 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72.)
Amendment 885 #
2015/0277(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. To protect civil aviation against acts of unlawful interference, the Agency may take the necessary measures under Article 65(6) and Article 66(1)(i) concerning aircraft and aviation systems. Before taking such measures, the Agency shall obtain the agreement of the Commission and consult the Member States.
Amendment 911 #
2015/0277(COD)
Proposal for a regulation
Article 80 – paragraph 1 – introductory part
Article 80 – paragraph 1 – introductory part
The Agency shall, upon request, and within its field of competence provide technical assistance to the Commission, where the Agency has the relevant expertise, in the implementation of the Single European Sky, in particular by:
Amendment 974 #
2015/0277(COD)
Proposal for a regulation
Article 109 – paragraph 6
Article 109 – paragraph 6
6. Each year, the Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following financial year, including a draft establishment plan, and send it to the Management Board. That draft establishment plan shall, in relation to posts financed from fees and charges, be based on a limited set of indicators approved by the Commission to measure the Agency's workload and efficiency, and shall set out the resources required to meet demands for certification and other activities of the Agency in an efficient and timely manner, including those resulting from transfers of responsibility in accordance with Articles 53, 54 and 55. Ahead of approving the set of indicators to measure the Agency's workload and efficiency, the Commission will seek the opinion of a third party expert and relevant industry stakeholders. The Management Board shall, on the basis of that draft, adopt a provisional draft estimate of revenue and expenditure of the Agency for the following financial year. The provisional draft estimate of the Agency's revenue and expenditure shall be sent to the Commission by 31 January each year.
Amendment 981 #
2015/0277(COD)
Proposal for a regulation
Article 113 – paragraph 1
Article 113 – paragraph 1
1. Not later than [five years after the date referred to in Article 127 – OP please insert the exact date], and every five years thereafter, the Commission shall commission an evaluation in compliance with the Commission guidelines to assess the Agency's performance 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. The evaluation shall take into account the findings and positions of stakeholders at European and national level.
Amendment 1089 #
2015/0277(COD)
Proposal for a regulation
Annex IX – point 1 – point c
Annex IX – point 1 – point c
(c) If necessary to mitigate risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from the operation, the unmanned aircraft must have the corresponding and specific features and functionalities which take into account the principles of privacy and protection of personal data by design and by default. According to the needs those features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that requirements for safe operations, including detect and avoid systems, as well as applicable limitations, prohibitions or conditions be complied with, notably with respect to the operation in particular geographical zones, beyond certain distances from the operator or at certain altitudes.
Amendment 121 #
2015/0125(NLE)
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. It is necessary to include a review clause at the end of the first year of implementation.
Amendment 146 #
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 upon previous agreement with the hosting Member States for the following support activities:
Amendment 149 #
2015/0125(NLE)
Proposal for a decision
Article 7 – point b
Article 7 – point b
(b) the initial processing of the applications; the screening of the third- country nationals arriving in Italy and Greece, including their clear identification, fingerprinting and registration of the applications for international protection;
Amendment 151 #
2015/0125(NLE)
Proposal for a decision
Article 7 – point d
Article 7 – point d
(d) the implementation of the transfer of the applicants to the Member State of relocation. The transfer costs to the Member State of relocation should not be an additional burden to Greece and Italy.
Amendment 157 #
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, having given the State concerned the opportunity to present its views, 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 months. Or. {EN}en
Amendment 161 #
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 threesix months.
Amendment 117 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of six independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project finance and in the ESIF priority investment areas listed in Article 5(2) and be appointed by the Steering Board for a renewable fixed term of three years.
Amendment 135 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
a) development of infrastructure, including in the areas of transport, particularly in industrial centres and remote areas; energy, in particular energy interconnections; and digital infrastructure;
Amendment 138 #
2015/0009(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 13 January 2015, the European Commission presented a Communication on flexibility within the Stability and Growth Pact establishing a strong link with the European Fund for Strategic Investments. The Communication clarifies that national contributions to the European Fund for Strategic Investments would be excluded from the calculation of debt and deficit for all Member States. However, for some Member States, especially those under adjustment programmes, it would be impossible to raise such funds and hence would not be able to benefit from this flexibility. In order to create a level playing field, make adjustment smoother and improve debt sustainability, there should be a provision in economic adjustment programmes for a contribution through ESM loans (article 16 of ESM Treaty) to the EFSI for boosting of investment in the programme country until a direct contribution of the ESM is possible following the creation of an appropriate new financial assistance instrument according to Article 19 of the ESM Treaty.
Amendment 182 #
2015/0009(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission and the EIB shall develop, update and disseminate, on a regular and structured basis, information on current and future investments which significantly contribute to achieving EU policy objectives. In the transport sector, the priorities shall be those specified in Regulation (EU) No 1315/2013 (TEN-T) and 1316/2013 (Connecting Europe Facility).
Amendment 602 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The EFSI agreement shall be open to accession by the ESM in the context of a Member State's adjustment programme when an appropriate ESM financial assistance tool is made available.
Amendment 757 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The EFSI Agreement shall provide that the EFSI shall be governed by a Steering Board, which shall determine the strategic orientation, the strategic asset allocation and operating policies and procedures, including the investment policy of projects that EFSI can support and the risk profile of the EFSI,. When establishing the investment policy of projects that EFSI can support and the risk profile of the EFSI, the Steering Board shall take into account the need for significantly higher risk-taking than normal EIB operations in order to effectively reduce the investment gap by addressing market failures and high sector-specific and country-specific risks in conformity with the objectives under Article 5(2). The Steering Board shall elect one of its members to be Chairperson.
Amendment 24 #
2014/2254(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to its Resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity
Amendment 25 #
2014/2254(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
– having regard to the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Foreign Affairs Council of 24 June 2013,
Amendment 76 #
2014/2254(INI)
Motion for a resolution
Recital Α
Recital Α
Α. whereas, under Article 2 TEU, the EU is founded on respect for human dignity, freedom, democracy, equality, solidarity, the rule of law and, human rights and civil liberties, values which are shared by all the Member States and which must be upheld by the EU, and by each individual Member State, in everything they do;
Amendment 80 #
2014/2254(INI)
Motion for a resolution
Recital Α a (new)
Recital Α a (new)
Αα. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the EU, and whereas in light of this all Member States should be assessed on an ongoing basis in order to verify their continued compliance with the EU's basic values of respect for fundamental rights, democratic institutions and the rule of law,
Amendment 103 #
2014/2254(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis, and whereas the response of the EU and the Member States has seriously compromised the wellbeing of citizens and their fundamental right, including children and young people and the respect of their fundamental rights, and further increased the socio-economic exclusion of citizens in several countries;
Amendment 143 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas specific human rights guidelines have been developed in external policies of the EU, this has not been the case in its internal policies, which could lead to allegations of double standards;
Amendment 219 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) develop, in cooperation with the FRA, a database that collates and publishes data onbe based on a system of annual country assessment, developed by the Commission and the Council, on the compliance with the rule of law and the situation regardingof fundamental rights in the EU and in individual Member States; reiterates, iall Member States of the European Union, based on data of FRA, Council of Europe and its Venice Commission and NGOs. In that connection, the need for the Commission to propose a revision of the FRA Regulation is essential in order to grant the FRA wider powers; in particular in relation to the situation assessment in each Member States and the possibility of the FRA auto-referral as part of an alert mechanism;
Amendment 224 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
(d) bproadenvide clear indicators in order to assess the enforcement and respect of fundamental rights, and to trigger alert mechanisms in the case of violations. Such indicators could take the form of a fundamental rights scoreboard, possibly as an extension of the scope of the EU Justice Scoreboard t, which should also cover the assessment of criminal justice systems and of efforts to uphold fundamental rights and the rule of law; indicators should include clear data collection mechanisms, including equality data collection disaggregated according to the different discrimination grounds;
Amendment 252 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point a a (new)
Paragraph 6 – point a a (new)
(aa) finding a way to make better use of the expertise of the Council of Europe and setting up a formal channel of cooperation in matters relating to the rule of law and fundamental rights;
Amendment 319 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises freedom of thought, conscience, belief and non-belief, and the freedom of all to practise their religion; calls on the Member States to protect religious freedom, as well as the freedom of those who do not practice a religion; .
Amendment 345 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Member States actively to oppose all forms and expressions of racism and xenophobia;
Amendment 440 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat the Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled, andprinciple of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritization of this Directive by the European Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 444 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled,principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this Directive by the European Commission; and reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 455 #
2014/2254(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the EU and the Member States to ban all discrimination on grounds of gender identity, gender expression and sexual orientation, and to combat and prosecute all forms of violence and discrimination against women; calls on the Member States in particular to deal effectively with the effects of domestic violence and sexual exploitation in all its forms, including that of refugee or migrant children;
Amendment 481 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Denounces the persistent and widespread discrimination against Roma in all EU Member States as the root cause of the deprived living conditions and socio-economic exclusion in which many of them still live today; urges the European Commission to take action against those Member States that promote or allow institutionalised discrimination and segregation, especially in education and housing; calls the Commission to mainstream the monitoring of discrimination practices in all areas, especially education, employment, housing and healthcare;
Amendment 514 #
2014/2254(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Condemns all forms of discrimination and violence on EU territory against lesbian, gay, transsexualgender, bisexual and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of these persons; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Commission to issue an action plan or strategy against homophobia and for equality on grounds of sexual orientation and gender identity by the end of this year, as repeatedly called for by Parliament and as promised by Commissioner Jourova in the process of the Commission hearings;
Amendment 521 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States, as States Parties to the United Nations Convention on the Rights of the Child, to take appropriate measures to protect children from all forms of physical and psychological violence, including cyber bullying, and to empower young people, parents, educators, carers and society as a whole to prevent and combat bullying; urges the Member States to support lifelong training for professionals working with children and to encourage active participation by young people – inter alia using new technologies – in the peaceful resolution of disputes;
Amendment 523 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 525 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Considers that LGBTI people's fundamental rights are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage; welcomes the fact that 18 Member States currently offer these options, and calls on other Member States to consider doing so;
Amendment 530 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity and calls upon the European Commission to put forward an EU LGBTI Strategy, comparable to the LGBTI Guidelines adopted by the Foreign Affairs Council of 24 June 2013;
Amendment 572 #
2014/2254(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns regarding investigations and convictions in connection with hate crimes in the Member States; calls on the EU to make the fight against hate crimes a priority when drawing up European policies against discrimination and in the field of justice; calls for a review of the framework decision on racism and xenophobiaEuropean legislation against hate speech and hate crime expanding it to the grounds of religion, disability, sexual orientation and gender identity; in order to fully cover all forms of hate crimes and crimes committed with a bias or discriminatory motive related to the victims’ personal characteristics, and to clearly define consistent investigation and prosecution standards;
Amendment 575 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to end the persecution of conscientious objectors and discrimination against them;
Amendment 595 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Condemns all forms of discrimination and violence on EU territory against members of specific ethnic and religious communities; calls on the Commission and the Member States to adopt specific policy commitments to combat all forms of racism, including anti-Semitism, Islamophobia, Afrophobia and anti- Gypsyism;
Amendment 600 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses its deep concern about the rise of political parties that are using the current economic and social crisis to justify their racist, xenophobic, and anti- Islamic message;
Amendment 683 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on EU institutions to put solidarity and a human rights based approach at the heart of the EU migration policies. Calls on the EU institutions to guarantee that sufficient resources are made available to implement a search and rescue operation in the Mediterranean and promote legal and safe routes for people fleeing wars and seeking for international protection;
Amendment 740 #
2014/2254(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Member States to ratify without further delay the Council of Europe Convention on Action against Trafficking in Human Beings;
Amendment 750 #
2014/2254(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the way in which the financial and economic crisis and the measures taken to deal with it have had an impact – in some cases a drastic one – on economic, social and cultural rights, resulting in poverty, exclusion and isolation; and preventing access to basic necessities such as housing and healthcare in a time of a persistent economic crisis; calls on the Commission therefore to take action in cooperation with Members States to provide European citizens once again with guarantees of a decent job, a decent life and a living wage.
Amendment 891 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Recognises that the financial and economic crisis has had a serious negative impact on the realisation of children’s rights and well-being;
Amendment 893 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation ‘Investing in children: breaking the cycle of disadvantage’ through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children’s participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 895 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Invites the European Commission to propose an ambitious and comprehensive successor to the EU Agenda on the Rights of the Child in 2015;
Amendment 897 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Encourages all Member States to make a contribution to the realisation of children’s rights through the ratification of the Third Optional Protocol to the United Nations Convention on the Rights of the Child on a Communications Procedure;
Amendment 12 #
2014/2242(INI)
Motion for a resolution
Recital A
Recital A
A. whereas estimates suggest that up to 80 % of EU citizens will soonby 2050 live in cities or larger urban areas, which offer the bestgood opportunities for jobs, education, cultural activities and mobility, and at present generate growth and economic activity accounting for over 80% of EU GDP;
Amendment 18 #
2014/2242(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas cities are often very unequal places, with extreme divisions between rich and poor, and with inadequate attention given to the needs of disabled people, the elderly, children and others who are vulnerable;
Amendment 36 #
2014/2242(INI)
Motion for a resolution
Recital C
Recital C
C. whereas urban transport accounts for about 25 % of the CO2 emissions responsible for climate change and harmful levels of air pollution in urban areas are related to direct NO2 emissions from the use of light and heavy vehicles;
Amendment 64 #
2014/2242(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, with due regard for subsidiarity, many aspects of urban mobility policy require coordination and frameworks at EU level, in particular with regard to safety, health and climate change; the EU should develop an integrated, long-term approach to urban mobility which will reduce traffic pollution, congestion, noise and road accidents;
Amendment 80 #
2014/2242(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recognises that it is critical that Member States take responsibility for appropriate technical requirements applicable to urban infrastructure and therefore calls on the Commission to encourage best practice exchange and guidance for tackling urban mobility challenges; calls for initiatives to monitor traffic and to promote multimodal public transport, smart parking solutions and intermodal ticketing facilities; notes that improving availability of free or low-cost broadband, cellular networks, Wi-Fi and other digital services on public transport services and at stations, would improve personal mobility and also be of considerable benefit for tourists and visitors;
Amendment 104 #
2014/2242(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Invites cities to define transport mode hierarchies and adopt an integrated intermodal and/or co-modal policy based on the needs of pedestrians first and foremost, followed by cyclists, public transport, business and logistics, and private-car users, taking into account local conditions;
Amendment 222 #
2014/2242(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission to ensure that its concepts and tools developed at the European level can be effectively adapted to the particular circumstances of each Member State; calls for better coordination with the Member States in order to ascertain at which level it would be better to organise workshops or other events of particular types, on cities' mobility planning;
Amendment 223 #
2014/2242(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Insists that urban mobility should also be considered as a means to fight poverty and social exclusion, and that the European agenda on urban mobility should also focus on the social dimension; recalls that the objectives of the Commission's proposal can only be achieved if cities' representatives and key stakeholders participate in the decision process and the exchange of experiences and best practices; urges Member States to encourage citizen's participation, through innovative communication strategies and methods, in the conception and planning of sustainable urban mobility plans (SUMP), and including encouraging representatives and stakeholders from areas on urban outskirts and areas facing economic and social challenges to participate actively;
Amendment 229 #
2014/2242(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that long-term sustainable urban mobility plans (SUMPs) are the backbone of sustainable cities with adequate mobility provision for all citizens -with special attention to elderly, the disabled and the socially vulnerable-, including enhanced walking and cycling infrastructure and, smoother and safer services networks, road safety and a strategy on distribution of goods and services in cities;
Amendment 240 #
2014/2242(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. emphasises that SUMPs should be consistent with the EU agenda and objectives on sustainable transport, in particular those on modal shift from road to rail set in the 2011 White Paper;
Amendment 256 #
2014/2242(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the importance of SUMPs for achieving EU targets in respect of CO2 emissions, noise, air pollution and accident reduction; considers that the development of SUMPs should be a precondition for financing EU projects in the area of urban transport; supports the optimization of EU financial resources and legal instruments to facilitate investment in sustainable urban transport and stimulate the use of existing funds for urban mobility;
Amendment 267 #
2014/2242(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that affordable public transport is an, guarantee of passengers' rights -with special attention to the disabled- and quality standards are essential elements for inclusive public services and for securing access to jobs;
Amendment 268 #
2014/2242(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that affordable public transport is an essential element for inclusive public services and for securing access to jobs; recalls that due to high housing costs many workers must live in more suburban areas and face long and expensive commutes; calls on the Commission to promote initiatives such as "single and multimodal mobility passes" for all means of transport within a coherent territorial level, such as an urban agglomeration, metropolitan city or at a regional level, and with progressive or flat rate fares where appropriate; in this regard, underlines the lack so far, of a strong EU position on the importance of public transport in all Member States;
Amendment 308 #
2014/2242(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to promote ‘EU 'Car-free Sunday' events each month and to organiseand to adopt an ‘'EU Bicycle Day';
Amendment 309 #
2014/2242(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to promote ‘Car-free Sunday' events each month and to organise an ‘EU Bicycle Day'; promotes the bicycle sharing systems, which provide free or affordable access to bicycles for short- distance trips in urban areas and connect cyclists to public transport transit networks;
Amendment 311 #
2014/2242(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Promotes sustainable and responsible mobility of tourists by various means such as thematic cycling and walking schemes and bus aggregations in order to reduce congestion, pollution and other possible harmful effects of mass tourism;
Amendment 337 #
2014/2242(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that shoppinge importance of effective and comprehensive urban planning policies and standards to achieving an integrated sustainable transport system, and that major construction areas and shopping or other retail centres are focal points for increased road traffic and congestion problems, and believes that they should be linked up to efficient public transport and home delivery services;
Amendment 501 #
2014/2242(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on European, national, regional and local authorities to increase education and information campaigns on citizens' traffic behaviour in relation to sustainable and energy efficient modes of transport, such as walking, cycling, public transport and car-sharing;
Amendment 230 #
2014/2241(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the need of promoting and highlighting Europe’s rich cultural heritage, taking into account that cultural tourism accounts for about 40% of European tourism, contributing to economic growth and employment, social innovation and inclusive local, regional, urban and rural development, while reducing the impact of seasonality;
Amendment 231 #
2014/2241(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Reiterates the importance of protecting and preserving cultural heritage by the possible harmful effects of structural changes caused by tourism and the risks to cultural heritage posed by mass tourism, especially during the high season;
Amendment 245 #
2014/2241(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines the need to promote the tourism potential of remote rural, island, coastal and mountainous areas, encourages the development of sustainable maritime and marine tourism in the EU and calls on the Member States to develop sustainable infrastructure and improve cross-border connectivity as a means of enhancing their appeal and accessibility;
Amendment 246 #
2014/2241(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Supports initiatives that encourage the diversification of tourism, such as medical, rural, religious and other forms of alternative tourism which help make tourist activities and employment less seasonal;
Amendment 266 #
2014/2241(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that accessibility and affordability in tourism is an integral part of its sustainability with particular emphasis on the needs of disabled persons, persons with reduced mobility, young people, the elderly and low-income families and that the ‘tourism for all’ principle needs to be the reference for any national, regional, local or European tourism-related action;
Amendment 344 #
2014/2241(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges the Member States to consider the development of access to high-speed broadband a priority for remote and island, coastal and mountainous areas;
Amendment 58 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that US maritime cabotage laws are regulated by the Jones Act (Merchant Marine Act of 1920) and that under this act US vessels are: (i) restricted from having repair and conversion services carried out outside the US; and (ii) subject to declaration, entry and payment of a 50 % import duty upon return to the US, if sent to a foreign shipyard for repair work or the installation of certain equipment; emphasises that no US-built requirements exist for any other modes of transportation in the US and that this results in the effective exclusion of the EU shipbuilding industry, including ship repair and maintenance, from selling vessels for use in American waters; notes that the EU does not exclude maritime manufacturers from the US or any other third countries; calls upon the Commission to address in the TTIP this extreme protectionism by the US; notes that it is important for waivers of the Jones Act to favour European- flagged vessels, given that EU seaworthiness standards are the highest in the world;
Amendment 7 #
2014/2215(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the European Council Conclusions of 15 October 2015 in particular Point 2.(n)
Amendment 45 #
2014/2215(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas the European Commission has committed to an upcoming Frontex Review
Amendment 65 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, and the tripling in capacities and assets for the Frontex Joint Operations Triton and Poseidon for 2015 and 2016, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 101 #
2014/2215(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement; Moreover FRONTEX should ensure that all measures are taken to avoid conflict of interest during the treatment of complaints;
Amendment 110 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; emphasises, however, that this does not exclude complaints submitted by third parties acting in the interest of a complainant who prefers to remain anonymous; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provisiondevelopment - in cooperation with the Fundamental Rights Agency (FRA) and the European Asylum Support Office (EASO) - of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 118 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in smart phone compatible electronic format on its website and in hard-copy format, in the Member States’ screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 120 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by at least the top 10 ´nationalities of migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 159 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibility of withdrawing financial support from Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudice to the overall aim of the Frontex mission whereby the saving of lives is envisagedin case of serious and persistent fundamental rights violations should be explored; furthermore the suspension and ultimately the termination of an operation should be considered and explored further only in case of consistent violations of fundamental rights and without impacting Frontex life-saving operations;
Amendment 161 #
2014/2215(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Recommends that in its Annual General Report, Frontex includes information on the complaints made in the preceding year and the follow-up which has been made, stresses that this summary must include an overview of the types of violations alleged and the violations that actually occurred in order to help identify shortcomings, and ways to improve the staff's code of conduct; the same report should highlight if such violations occurred by guest officers or not, and when occurring by guest officers should indicate if sufficient information and follow up was provided by the Member State receiving such a complaint.
Amendment 178 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resources toensure that the Fundamental Rights Office foris adequately equipped to handlinge the complaints received;
Amendment 197 #
2014/2215(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; and that this aspect becomes part of the regular information by FRONTEX to the EP.
Amendment 34 #
2014/2149(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the potential for boosting cultural tourism in rural, mountain and island regions which offer intact nature and landscapes, traditional culture (folk arts, handcrafts, local festivals, gastronomic traditions), local products and authenticity; stresses, in this regard, the importance of intermodal connectivity in general and specifically as a means of enhancing the appeal of smaller and remote tourist destinations;
Amendment 52 #
2014/2149(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is convinced that the creation and promotion of a "Europe Brand" will offer a high added value for the success of Europe as number 1 tourist destination worldwide and for the promotion of European cultural heritage in particular; Calls therefore on the authorities of all Member States to cooperate with the Commission and to complement such a Brand with their own national and regional efforts and to jointly promote Europe as a collection of high quality tourist destinations at major international events and large scale tourism fairs;
Amendment 105 #
2014/2149(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Emphasises the significant potential for the development of entrepreneurial activity in the tourism sector, in particular of tourism SMEs, which contribute to the preservation, protection and promotion of Europe’s cultural heritage; considers as well that unnecessary burdens on SMEs should be abolished for the sake of their competitiveness and that legislation which has negative effects on SMEs in the tourism industry should be revised; stresses that quality of service and high- level professional skills are key factors for the success and competitiveness of the European tourism sector;
Amendment 136 #
2014/2149(INI)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recommends a uniformed, simplified communication strategy to identify Europe as a unique destination and welcomes therefore the initiative "Destination Europe 2020" for the creation of a European portal introducing the single national websites; Recommends further the creation of multilingual portals for local destinations that are outside the big cities and give visibility to products involving cultural and industrial heritage;
Amendment 9 #
2014/0197(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Since the launch of the Stabilisation and Association Process, Stabilisation and Association Agreements have been concluded with all concerned Western Balkan countriepartners, with the exception of Bosnia and Herzegovina and Kosovo. In June 2013, the Council authorised the Commission to start negotiations for a Stabilisation and Association Agreement with Kosovo.
Amendment 202 #
2013/0256(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should be obliged, within a clear deadline, to inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least three Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.
Amendment 205 #
2013/0256(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Whilst the processing of personal data at Eurojust fallFollowing the adoption in April 2016 of Regulation (EU) 2016/679 ('the General Data Protection Regulation') and Directive (EU) 2016/680 ('the Police Directive), the Commission has proposed a Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies uander on the scope offree movement of such data (COM (2017)8 final) which will repeal current Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data13 , t. The processing of personal data by the Member State's authoritiesat Eurojust and the transfer of such data toby Eurojust arshould fall under the scovered by the Council of Europe Convention 108 [to be replaced by the relevant Directive in force pe of the revised Regulation repealing Regulation (EC) 45/2001. The processing of personal data by the Member State's authorities and the transfer of such data the moment of adoption]. o Eurojust are covered by the 'Police Directive'. _________________ 13 OJ L 8, 12.1.2001, p. 1
Amendment 211 #
2013/0256(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Specifically as regards the European Public Prosecutor’s Office (‘EPPO’), Eurojust should retain a residual competence for offences laid down in the PIF Directive, where the EPPO is not competent; where the EPPO is competent but does not exercise its competence; where Member States which are not participating in the EPPO seek support from Eurojust, and where the EPPO itself seeks the support of Eurojust. In addition, an ongoing competence for Eurojust in respect of offences for which the EPPO will ultimately be competent should be ensured, until such time as the EPPO is set up and has assumed the tasks conferred on it in Regulation [implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office].
Amendment 227 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor's Office is competenUntil the date when the European Public Prosecutor’s Office (‘EPPO’) has assumed its investigative and prosecutorial tasks conferred on it in accordance with Article 75 of Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, Eurojust’s competence shall cover the criminal offences listed in Annex 1. However, from the date the EPPO assumes its tasks, Eurojust shall only be competent in cases where the EPPO is competent but does not exercise its competence; where Member States which are not participating the EPPO seek support from Eurojust, and where the EPPO itself seeks the support of Eurojust.
Amendment 230 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 232 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Eurojust’s competence shall cover related criminal offences to the criminal offences laid down in Annex 1. The following offences shall be regarded as related criminal offences:
Amendment 234 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
b) assist the competent authorities of the Member States in ensuringe the best possible coordination of investigations and prosecutions conducted by the competent authorities of the Member States;
Amendment 236 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
c) give assistance in order to improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;
Amendment 240 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
e a) support, and where appropriate participate, in the Union centres of specialised expertise developed by Europol and other Union bodies;
Amendment 311 #
2013/0256(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. For the purposes of paragraphs 3- 6 above, the competent authorities of the Member States shall inform their national members at the latest within 14 days.
Amendment 410 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The President of the CollegBefore taking office, the newly appointed President of the College shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members. During his or her term of office, he or she shall appear before the European Parliament, at theirits request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.
Amendment 412 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
4. Eurojust shall transmit its Annual Report to the national Parliaments. Eurojust shall also transmit to the national Parliaments the documents referred to in paragraph 3 in the respective official languages.
Amendment 119 #
2013/0157(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should apply to the ports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. Member States may decide not to apply the rules on the separation of accounts to small ports in the comprehensive network, subject to certain conditions. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 230 #
2013/0157(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Since the objectives of this Regulation, namely ensuring the modernisation of port services and the appropriate framework to attract necessary investments in all the ports of the trans- European transport network, cannot be sufficiently achieved by the Member States because of the European dimension, international and cross-border nature of port and related maritime business and can therefore, by reason of the need for a European level playing field, 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 those objectives. European Union ports should be protected towards third countries ports which are not subject to the same organisation and operation criteria of this Regulation.
Amendment 243 #
Amendment 567 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Member States may decide not to apply the rules on the separation of accounts of paragraph 2 to small ports in the comprehensive network, in cases where they do not meet the criteria set out in Article 20(2)(b) of Regulation (EU) No 1315/2013 and whose traffic do not justify this disproportionate administrative burden. Receipt and use of public funds shall continue be reflected in the accounting system in a transparent way. In such case the Member States shall inform the Commission beforehand.
Amendment 606 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 57 #
2011/0023(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime
Amendment 236 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and (b) T of the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d).. deleted deleted
Amendment 271 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 279 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) 'Depersonalising through the masking out of data' means rendering certain elements of such data invisible to a user at the user interface without deleting these data elements.
Amendment 282 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHAnnex II if they are punishable by a custodial sentence or a detention order for a maximum period of at least threefour years under the national law of a Member State, and if :
Amendment 295 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – point iv
Article 2 – paragraph 1 – point i – point iv
(iv) They are committed in one state but have substantial effects in another state.;
Amendment 299 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. The Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger information Units of other Member States in accordance with Article 7, and for the transfer of PNR data or the results of the processing thereof to Europol in accordance with Article 7a. Its staff members may be seconded from competent public authorities.
Amendment 307 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. All members of the Passengers Information Unit who have access to PNR data shall receive dedicated training on processing this data in compliance with fundamental rights and data protection principles.
Amendment 313 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The activities provided for in Article 4(2)(c) may be carried out only by specifically designated personnel.
Amendment 328 #
2011/0023(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Data Protection Officer within the Passenger information Unit 1. Member States shall provide that the head of the public authority responsible for the functioning of the Passenger Information Unit appoints a Data Protection Officer within the Passenger information Unit. He/she shall be selected on the basis of his/her personal and professional qualities and, in particular, the expert knowledge of data protection. 2. The Data Protection Officer shall be responsible of the internal supervision of the processing of personal data by Passenger Information Unit. In particular, the Data Protection Officer shall conduct random sampling of data processing within the Passenger Information Unit. 3. Member States shall provide that the Data Protection Officer is properly and in a timely manner involved in all issues which relate to the protection of personal data within the Passenger Information Unit. 4. Member States shall ensure that the Data Protection Officer is provided with the means to perform his/her duties and tasks effectively and independently, and does not receive any instructions as regards the exercise of its functions. 5. He/she shall act as a point of contact for the passengers whose data has been processed on all issues related to the processing activities.
Amendment 350 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria. Member States shall ensure that any positive matches resulting from such automated processing is individually reviewed by non-automated meansa member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 357 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such fildatabases. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansa member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 364 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; andin accordance with Article 4a, from Passenger Information Units of the Member States, in accordance with article 7, and from Europol , in accordance with Article 7a;
Amendment 379 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. These assessment criteria must be targeted, specific, justified, proportionate and fact- based. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5 and be regularly reviewed, with the involvement of the Data Protection Officer and in cooperation with the competent authorities referred to in Article 5. In particular, this internal review shall ensure that the assessment criteria remain targeted specific, justified, proportionate and fact- based. The assessment criteria shall in no circumstances be based on a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 395 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Data Protection Officer shall have access to any data transmitted from the Passenger Information Unit to a competent authority pursuant to paragraph 4. If he/she considers that the transmission of any data was not lawful, he/she shall refer the matter to the Supervisory Authority, that shall have the power to order the receiving competent authority to erase that data.
Amendment 402 #
2011/0023(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 434 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting the specific terrorist offences or serious crimetransnational crime for which it was requested.
Amendment 498 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if strictly necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(1), and, if strictly necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements set out as Annex I, as deemed strictly necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 506 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if strictly necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if strictly necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimetransnational crime. Such access to the full PNR data shall be permitted only with the approval of the Head of the requested Passenger Information Unit.
Amendment 510 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 528 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article mayshall take place using any existing channels for international law enforcement cooperationthe secure information exchange network application provided by Europol. The language used for the request and the exchange of information shall be the one applicable to the channel usedsecure information exchange network provided by Europol. When exchanging information under this Article, Member States shall provide a copy of the exchange to Europol in so far as the information is necessary for Europol to fulfil its objectives in accordance with Council Decision 2009/371/JHA. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 535 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. The provisions of Articles 4a and 4(4a) shall be applicable accordingly.
Amendment 540 #
2011/0023(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 568 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the transfer is strictly necessary for the purposes of this Directive specified in Article 1(2), and
Amendment 592 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
A Member State may transfer PNR date and the results of the processing of PNR to a third country if: (a) the third country submits a duly reasoned request to a competent authority referred to in Article 5 of the Member State concerned; (b) all conditions set out in Paragraph 1 are fulfilled; (c) the reasoned request sets out reasonable grounds to consider that the transmission of PNR data or the results of the processing of PNR data will substantially contribute to the prevention, detection, investigation or prosecution of the criminal offence in question; (d) a court or an independent administrative body verified, in a timely manner, that all conditions set out in subparagraphs (a) and (b) are fulfilled.
Amendment 598 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
Amendment 600 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
Where an ex-post verification in accordance with paragraph 3 determines that the transfer of PNR data or the results of the processing of PNR data was not justified, the third country shall be requested to erase the information communicated by the Member State.
Amendment 602 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 d (new)
Article 8 – paragraph 1 d (new)
The Data Protection Officer shall be informed each time a Member State transfers PNR data pursuant to this Article. The Data Protection Officer shall inform, on a regular basis, the Supervisory Authority concerning the transmission of data pursuant to this Article.
Amendment 667 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The result of matching referred to in Article 4(2)(a) and (b) shall be kept by the Passenger Information Unit only as long as necessary to inform the competent authorities of a positive match. Where the result of an automated matching operation has, further to individual review by non- automated meansa member of the Passenger information Unit, proven to be negative, it shall, however, be stored so as to avoid future ‘false’ positive matches for a maximum period of three years unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of the five years, in which case the log shall be kept until the underlying data are deleted.
Amendment 671 #
2011/0023(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 696 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life shall be prohibited. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately. without delay. To that end, upon the receipt of PNR data from air carriers, Members States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained. In order to identify and delete sensitive data from PNR data retained, members of the Passenger Information Unit shall undertake manual checks before any further manual processing and prior to any transfer of PNR data to competent authorities in accordance with Article 4(2), to the Passenger Information Unit of another Member State in accordance with Article 7, or to a third country in accordance with Article 8.
Amendment 740 #
2011/0023(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State shall provide that the national supervisory authority or authorities established in implementation of Article 25 of Framework Decision 2008/977/JHA shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the Member States pursuant to the present Directive. The further provisions of Article 25 Framework Decision 2008/977/JHA shall be applicable.
Amendment 743 #
2011/0023(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Amendment 744 #
2011/0023(COD)
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
Member States shall provide that supervisory authorities provide each other with mutual assistance in order to implement the right of the data subject to exercise the their rights to information, of access, to rectification, and to erasure in accordance with Articles 11 through the Supervisor Authority of the Member State in which he/she resides.
Amendment 745 #
2011/0023(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Passenger Information Units expert group 1 An expert group shall be set up under the coordination of Europol to bring together national experts from Passenger Information Units. The expert group shall meet regularly, within the premises of Europol. 2 The expert group shall foster the cooperation between Passenger Information Units, including through the sharing of best practices. This shall include best practices in creating new criteria for carrying out assessments in accordance with Article 4(2)(d). 3 The Commission shall attend the meetings of the expert group as observers.
Amendment 749 #
2011/0023(COD)
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Article 12b The Data Protection Officers expert group 1. An expert group shall be set up under the coordination of the European Data Protection Supervisor to bring together the Data Protection Officers of the Passenger Information Units. The experts group shall meet regularly, within the premises of European Data Protection Supervisor. 2. The expert group shall foster the cooperation between Passenger Information Units, including through the sharing of the best practices. This shall include best practices in reviewing criteria for carrying out assessments in accordance with Article 4(3). 3. When appropriate, the national Supervisory Authorities referred to in Article 12 and the EU Agency for Fundamental Rights shall be invited to the meetings of the expert groups. 4. The Commission shall attend the meetings of the expert group as observers.
Amendment 836 #
2011/0023(COD)
Proposal for a directive
Annex II (new)
Annex II (new)
Offences: 1 participation in a criminal organisation, 2 trafficking in human beings, 3 sexual exploitation of children and child pornography, 4 illicit trafficking in narcotic drugs and psychotropic substances, 5 illicit trafficking in weapons, munitions and explosives, 6 murder, grievous bodily injury, 7 illicit trade in human organs and tissue 8 kidnapping and hostage-taking, 9 organised or armed robbery, 10 illicit trafficking in nuclear or radioactive materials, 11 rape, 12 unlawful seizure of aircraft/ships, 13 sabotage 14 crimes within the jurisdiction of the International Criminal Court